My N400 application was denied earlier this week during the interview by the USCIS officer citing ineligibility due to filing too early.
The application was based on marriage to a US Citizen and filed 60 days prior to the 3rd anniversary of the wedding.
Needless to say, this caught myself and my attorney by surprise. Two other attorney's previously confirmed that the N400 can be filed up to 90 days prior to the 3 yrs (as long as the full 3 years have passed before the oath)
At this point our options are to 1) refile or 2) appeal. We considered appeal, but for the sake of time decided to simply refile - more filing fees, biometrics, time wasted, etc.
The explanation given cited two contradicting laws/statutes - one that requires 3 years marriage BEFORE filing and another that allows the app to be filed 90 days prior to the 3years. Unfortunately, arguing with USCIS is ill advised.
I am writing this partly to vent, but also to inform.
It's unclear whether this is an isolated case of a rogue USCIS officer or a new standard of interpreting the law within USCIS.
some dates:
14-Nov-2007 Received Permanent Resident Status I485
N400 denied based on eligibility
in US Citizenship General Discussion
Posted
My N400 application was denied earlier this week during the interview by the USCIS officer citing ineligibility due to filing too early.
The application was based on marriage to a US Citizen and filed 60 days prior to the 3rd anniversary of the wedding.
Needless to say, this caught myself and my attorney by surprise. Two other attorney's previously confirmed that the N400 can be filed up to 90 days prior to the 3 yrs (as long as the full 3 years have passed before the oath)
At this point our options are to 1) refile or 2) appeal. We considered appeal, but for the sake of time decided to simply refile - more filing fees, biometrics, time wasted, etc.
The explanation given cited two contradicting laws/statutes - one that requires 3 years marriage BEFORE filing and another that allows the app to be filed 90 days prior to the 3years. Unfortunately, arguing with USCIS is ill advised.
I am writing this partly to vent, but also to inform.
It's unclear whether this is an isolated case of a rogue USCIS officer or a new standard of interpreting the law within USCIS.
some dates:
14-Nov-2007 Received Permanent Resident Status I485
29-Jun-2008 Married US Citizen
29-Apr-2011 N400 Application Submitted
06-May-2011 N400 Receipt Confirmation
15-Jun-2011 Biometrics
25-Jun-2011 Yellow Letter
28-Jul-2011 Interview, application denied