Notice of Intent to Deny

[Crazy Cat 39,644]

2 minutes ago, Makanaki said:

If he withdraws, any impact on his green card?

He got his Green card through the marriage, correct? 

[Makanaki 111]

1 minute ago, PaulaCJohnny said:

What was the problem with the police?

this can possibly be the cause

There wasn’t any police case per se. She called the police on him and on arrival the police said the house belongs to him as well and they cannot move him out of the house

2 minutes ago, Crazy Cat said:

He got his Green card through the marriage, correct? 

Yes

[PaulaCJohnny 712]

Did he claimed on the application that he was married? 

[Makanaki 111]

Just now, PaulaCJohnny said:

Did he claimed on the application that he was married? 

Yes

[Family 3,551]

He MUST respond to the NOID . Although they will still deny the N-400 , it is very important he establishes a record that his marriage was real. 
 

He needs to gather every possible paper record of the 3 years they lived together , include the police event for their big fight . Even though there was no police report or arrest , police can provide a log of response to that address.

 

Get the wife to write a statement, she can be blunt and truthful about the relationship and why she has not filed for divorce…get statement notarized .

 

They will deny the N-400 and leave him in LPR limbo . 
If they want to pursue rescission proceedings, he will know  ( get notice ) and can lawyer up 

 

https://www.justice.gov/eoir/reference-materials/ic/chapter-7/3#:~:text=In a rescission proceeding%2C an,§ 1246.1 et seq.

b) Notice of Intent to Rescind

A rescission proceeding begins when the Department of Homeland Security personally serves a noncitizen with a Notice of Intent to Rescind

[Family 3,551]

2 hours ago, Makanaki said:

 

if he withdraws his citizenship can it affect his GC at all?

Under no circumstance should he withdraw . He has to respond to the NOID . 

[FriendlyUser 42]

I agree with @Family: he will have to respond to the NOID. Given the circumstances, I'm surprised the officer didn't ask him about his marriage and taxes. 1) Though he stated in the application for naturalization that he was married, he most likely stated different addresses for him and his wife for the past 7 years. For some reason, the officer didn't ask him why they lived together only for the first three years and why they have been living separately afterwards for the past seven years. It may be a misrepresentation in their eyes (just a supposition). The good news here is that he is still on good terms with his estranged wife, who can vouch for their truthful marriage in a written notarized statement. He just needs to ask her to write it down, notarize it, and send it to him asap. I would also include any evidence of mutual co-living for the first three years.

 

2) As far as I know, they usually ask at the interview if you have ever owed any tax payments. This is one of their standard questions. If this question wasn't asked, that's one story: he can provide proof of his payment plan in his response to the NOID. If he was asked this question and he somehow misrepresented himself by withholding the truth or otherwise, that is a different story. If he has consistently owed taxes for a number of years in a row, it may also have added additional complications to his case. If I were in this position, I would do everything possible to pay off the whole debt today or tomorrow. But if he can't do that at all and/or if he owes taxes only for one year, then at least provide them not only with a freshly created payment plan, but also that he's been doing monthly payments for the debt period, whatever months/years it may be.

[Pinkrlion 2,611]

I wholeheartedly believe that his wife is not going to cooperate. Furthermore. If your recently set-up IRS payment plan after he filed N-400 that is another issue. 

[FriendlyUser 42]

1 hour ago, Pinkrlion said:

I wholeheartedly believe that his wife is not going to cooperate. Furthermore. If your recently set-up IRS payment plan after he filed N-400 that is another issue. 

If his wife still hasn't filed for divorce (7 years later), then there is a chance they are indeed on good terms, only as friends, not as a marital union. However, I agree, if he set up a payment plan with the IRS only after or just before he filed N-400, then he is indeed in big trouble. 

[Rocio0010 5,573]

What did he answer to the question "have you ever been cited, arrested, or detained...?"

[Makanaki 111]

11 hours ago, Family said:

He MUST respond to the NOID . Although they will still deny the N-400 , it is very important he establishes a record that his marriage was real. 
 

He needs to gather every possible paper record of the 3 years they lived together , include the police event for their big fight . Even though there was no police report or arrest , police can provide a log of response to that address.

 

Get the wife to write a statement, she can be blunt and truthful about the relationship and why she has not filed for divorce…get statement notarized .

 

They will deny the N-400 and leave him in LPR limbo . 
If they want to pursue rescission proceedings, he will know  ( get notice ) and can lawyer up 

 

https://www.justice.gov/eoir/reference-materials/ic/chapter-7/3#:~:text=In a rescission proceeding%2C an,§ 1246.1 et seq.

b) Notice of Intent to Rescind

A rescission proceeding begins when the Department of Homeland Security personally serves a noncitizen with a Notice of Intent to Rescind

Thank you so much @Family I really appreciate your insight on this and the link. He contacted a lawyer and the money they are asking for is high. He will respond to the case himself with all the evidences he has with an expectation of denial. Hopefully they won’t rescind his green card , but if they do he will definitely lawyer up. Thank you 🙏 

11 hours ago, Family said:

Under no circumstance should he withdraw . He has to respond to the NOID . 

Yes he will respond and let you know how it goes

[Boiler 43,737]

3 minutes ago, Makanaki said:

Thank you so much @Family I really appreciate your insight on this and the link. He contacted a lawyer and the money they are asking for is high. He will respond to the case himself with all the evidences he has with an expectation of denial. Hopefully they won’t rescind his green card , but if they do he will definitely lawyer up. Thank you 🙏 

 

That would be an issue for an Immigration Court which suggest he does not know what he is doing.

 

Applying in the first place implied that.

[Makanaki 111]

8 hours ago, FriendlyUser said:

I agree with @Family: he will have to respond to the NOID. Given the circumstances, I'm surprised the officer didn't ask him about his marriage and taxes. 1) Though he stated in the application for naturalization that he was married, he most likely stated different addresses for him and his wife for the past 7 years. For some reason, the officer didn't ask him why they lived together only for the first three years and why they have been living separately afterwards for the past seven years. It may be a misrepresentation in their eyes (just a supposition). The good news here is that he is still on good terms with his estranged wife, who can vouch for their truthful marriage in a written notarized statement. He just needs to ask her to write it down, notarize it, and send it to him asap. I would also include any evidence of mutual co-living for the first three years.

 

2) As far as I know, they usually ask at the interview if you have ever owed any tax payments. This is one of their standard questions. If this question wasn't asked, that's one story: he can provide proof of his payment plan in his response to the NOID. If he was asked this question and he somehow misrepresented himself by withholding the truth or otherwise, that is a different story. If he has consistently owed taxes for a number of years in a row, it may also have added additional complications to his case. If I were in this position, I would do everything possible to pay off the whole debt today or tomorrow. But if he can't do that at all and/or if he owes taxes only for one year, then at least provide them not only with a freshly created payment plan, but also that he's been doing monthly payments for the debt period, whatever months/years it may be.

@FriendlyUser thank you for chiming in on this. The officer only asked about his taxes which he told them the truth. And yes he did state different addresses for both of them. 

[Makanaki 111]

7 hours ago, Pinkrlion said:

I wholeheartedly believe that his wife is not going to cooperate. Furthermore. If your recently set-up IRS payment plan after he filed N-400 that is another issue. 

Hi @Pinkrlion yes you are right she won’t cooperate. In fact one of the reasons they are yet to divorce is she’s asking for alimony. And concerning IRS payment plan he only just set that up yesterday.

[Makanaki 111]

5 hours ago, FriendlyUser said:

If his wife still hasn't filed for divorce (7 years later), then there is a chance they are indeed on good terms, only as friends, not as a marital union. However, I agree, if he set up a payment plan with the IRS only after or just before he filed N-400, then he is indeed in big trouble. 

Yea they are in talking terms but on the level of divorce. She wants alimony (all in text) which he is not ready to give. And yep, the IRS payment plan was just enacted yesterday. He understands that the N400 may be denied, but greatest concern is on his GC