highHopes

On 6/7/2023 at 5:50 AM, dnhk said:

1) I married at the Jan 2016
2) I don't remember.
3)I receive my 2 year GC on November 2016
4)I receive my 2 year GC on november 2016 and my 10 year Gc before the 2 year expired (I don't remember the date)
5) I apply N400 on November 2022
6) I don't remember , I got 10 Year before the 2 year expired
7) I divorced on 2020
8)I apply N400 on November 2022

1)I finish studying and get  bachelor degree on 2017
2)I attended and finished the university
3) F1 is still valid
4) & 5) I married at early 2016 until 2020

@dnhk it seems you just were not fully prepared in my opinion not to mention based on some of your responses, seems your english is still not fully polished as well these with accumulation of a lot of "I don't remember" and your mere presence in the United States was to study meaning improve polish your english since that is the native language may have just irritated the officer. Remember many times when these officers are just not having a good day their easy out is recommend you withdraw and if you agree that is one less file they will worry about. 

My biggest issue are certain key information you do not remember, as an immigrant and i believe many people on here will agree with me are we depend on accurate dates and information memorized whiles still at the mercy of greencards that is no brainer. You may want to do some more due diligence in understanding ur entire history and dates. I know you are seeking legal assistance, but an attorney will not answer some of these questions for you, so even retaining one with you not prepared or not knowing basic simple question will lead you to the same path. I recommend listening to some of the members, getting your A file and going through your entire history from when you applied for F1 all the way down to current. You actually are lucky they asked basic simple questions, many have been asked much more headscratching questions.

Best of Luck

10 hours ago, aaradill said:

Hi. Thank you for sharing your story. Have they made a decision on your N400 application?

Unfortunately I do not have an decision as of today, I did receive an RFE in February for records regarding misdemeanor that was expunged. Unfortunately since case was back in 2008 and in a different state had to fly out there get records retrieve from archive but couldn't get everything they were seeking ( wanted minutes, police report, charge, etc) got certified copies of all what court had and I recently mailed it to USCIS May 3rd which they acknowledged they received information. Current time is now 3 months in my account. I definitely will update everyone on here if and when I do get a decision.

Thanks 

On 4/9/2023 at 8:23 PM, Mike E said:

Yes that was what you said in a previous thread. But now you are considering I-485. 
 

That is likely best. But if the purpose of I-20 was to further your relationship with your future spouse, that too can be a problem. 

 

 

Sorry haven't been on here for a while been busy with work etc but notice the tag from @Mike E, I am not sure how similar our cases are but for mine the issue I encountered at my N400 was due to me having a criminal record from 2008. Again seems everyone's case is different so can't say yours will work out similar as mine were I did not have any issues during my residency switch from F1. Good luck.

Morning everyone,

I know when I initially asked this question it gained alot of traction and attention and various others reached out personally to ask about my case. I promised I was going to update everyone after my second interview which happened earlier this week.

I went for second interview, it was a different officer than the initial one, officer asked for my greencard driver license and said I am sure you are aware why you are here I stated yes and no,  yes as in here for a second interview for my citizenship and no as in have no clue why a second one is needed.

He went straight to the point advised me I was there due to my arrest back in 2008. And I was there today to sign a sworn statement (seems they had about 15 to 20 questions already pretyped to ask me). Started off with name, address, when did the incident happened, who was involved was anyone involved, was time served, how many years probation etc on and on.

Asked if I had anything else to add to you.  Just to summarize some of the answers incident happened in 2008 I was in possession of some stolen items, shoes. I owned up to my foolishness and probation was for 1 year, judge dismissed probation after 2 months since I had scholarship to play sports and he said I was heading in right direction made a silly mistake and that shouldn't hinder my success. I explained to officer how far I have came and where I was now serving my community and all the good stuff. 

Why is this case coming back up I have no idea because it has been disclosed from when I applied i30, i765 and during citizenship. I also disclosed it upon re entry into the country so this hasn't been an issue of me not disclosing. The headscratching part about this is during my travel back in 2010-2011 upon reentry I advised officer of the arrest but they had no record of it in the system and that was thier first time hearing it.  They were able to speak to my attorney get copies and I assume have it added to my immigration file. 

I left the interview with same notice that a decision could not be made, officer explained all cases involving any sort of criminal history requires a supervisor review and signature. 

I also want to make mention that my first interview for N400 the female officer did not inquire about criminal history she just asked and that was it didn't ask details or nothing so I don't know if that was what prompted a second interview or they wanted a much detail information about the incident I have no clue and can't tell.

My status was at 7months before interview as of returning from interview it has switched to 4 months which i think falls in line with the 120 days they need to make a decision.

I hope I was able to share as much information as possible for those who wanted to see how it played out or what triggered the rear second interview. I know many of the discussion was focused on marriage, reentry etc but seems even 14 years from a misdemeanor crime could raise alot of red flags.

Forgive me if I have any typo I used my phone to type this up. 

22 minutes ago, Mobius1 said:

Do let us know how it goes post interview and what they were stuck on. It might help people who may be in similar situation. 

Definitely will. Thanks

3 minutes ago, Marieke H said:

 

None of these things may have come up during previous interviews, but granting you US citizenship is kind of a big thing, and they tend to look at your entire immigration history before approving that.

 

I think there are several things in your immigration history that could cause issues. We can only guess what they are wanting to talk to you about; it can be one or more of the things that we brought up in this thread, or it could be something completely different. All you can do is get your facts straight (for example, make sure you remember your marriage date) and be honest. I do not think they will have you redo the civics test if you already passed that.

 

Good luck.

Thanks you and I will go over all applications. And I was putting only years for certain events because I just did not want to list exact dates such as marriage etc. But I know when we got married. And yes I appreciate all the various issues because it gives me a broader perspective or what to expect or maybe totally different either way come next month am sure I will have answers and can share for future reference.

5 minutes ago, Mike E said:

Well done @Marieke H

 

@highHopes 

 

In one of threads you linked, you noted that your wife was a staff member on your college soccer team.  You’ve also mentioned else where that you had a college scholarship.  
 

1. These are material facts that your didn’t volunteer in this thread. Did you do so during your I-485 or N-400 process?

 

2. Your assertion that your didn’t know your wife before your entered the USA on your F-1 now stretches your credibility.  
 

3. I really question the competence of legal representation you received. Filing N-400 was high risk. 
 

4. I’m going to drop out of this thread now.  Good luck. 
 

 

@Mike E again thank you for advice and assistance;

Yes i had scholarship to play soccer, and of course I did not know my wife till I arrived in the United States. I just wanted to clarify that part because it seems you took it as if I knew her before my arrival because she was a staff. I was recruited internationally so had never step foot in the United States till the start of the season and during that time was when I meet her.

Material facts during interview process to my recollection everything was disclosed how we meet and all there is nothing there to hide as far as where I meet her or how. I do not recall on any application it asking that question but during interview process yes.

Thank you again once more.

12 minutes ago, Marieke H said:

Okay, here is some more insight from your past posts:

 

While on your F-1 visa, you worked off campus for 3 years.

 

Your wife is 15 years older than you are. This usually is not an issue, but could be a problem in combination with everything else.

 

The timing of your marriage and AOS application was right at the end of your F-1 visa.

 

My guess is that all of these things combined, and a re-entry in 2010 where you may or may not have been honest about your immigrant intent, are cause for the officer to want to talk to you some more.

Thanks for the response, I did work on campus and then worked off campus, income taxes where filed and noted in all my application before i-130. But I understand your point,  this could have been brought up but again none of these was mentioned or asked in any of my interviews aside the criminal case which I did address. 

1 hour ago, Marieke H said:

So you re-entered the country on your (non-immigrant) F-1 visa in 2010, while you already had a child in the US and you likely had intentions to marry the child's mother and apply for AOS. In other words, you had immigrant intent. When you entered the country in 2010, did you say anything to misrepresent yourself? Were you asked about the purpose of your visit, about family in the US, etc?

I did re-entered in 2010, I left for my dad's funeral I was out of the country maybe 5 days, re-entry was focused on the criminal case I had at that point and the reason for such a short trip which I answered everything. I never misrepresented myself in anyway I can think of. I have relatives in the US. And I left during school period which was excused by my advisor since again it was a family death emergency.

1 hour ago, Rocio0010 said:

Hi there,

I think I have read all your posts and I am caught up. I think you would need to take your lawyer to this interview. 

 

Do you have any unpaid tickets/ traffic violations?

Have you ever had issues with your wife?

Did you disclose your child in all previous applications?

 

I have nothing unpaid for no tickets/or violations pending.

I have no issues with my wife we live same house both happy as a matter of fact we planned on traveling pending approval.

My son was disclosed in every document.

5 minutes ago, Mike E said:

That she bore your son  while  she was married to someone else is a new wrinkle. Pregnancies last nearly a year. So if I am the ISO examining your case:

 

* 2008 - you enter the USA.on your F-1

 

* 2008  you meet the woman who is now your wife and start a relationship with her.  While she is still married to someone else, she becomes pregnant and claims you are the father (and presumably her spouse concurs regarding the paternity)

 

* 2009 she gives birth to your child 

* 2011 her divorce  concludes 

* 2012  you marry her and file to adjust status 

 

The ISO is possibly considering two things:

 

* the plausibility that in a matter of months after entering  the U.S. you meet someone you didn’t know before, start a serous relationship, and get her pregnant while she is still married to someone else. Versus the plausibility that instead you knew her from before (perhaps online). If the latter then you had immigration intent when you entered the USA on your  F-1 visa. To be clear I am not making this accusation; I am trying to give you  answers you sought when you created this topic.  But ask yourself: which scenario is more plausible to an ISO that doesn’t know you?

 

* you had a son  out of wedlock. During the years you were not married to your son’s mother were you providing financial support to your son? This is a specific consideration for N-400.  
 

Your lawyer should have considered all this and thus you should not have been blind sided. 

 

Mike trust me you are fine, I like the thinking overall to give me some ideas of possibility.

To clarify the marriage topic, maybe I should have stated they were fully separated she had moved out he had moved on was with someone else before I even got to the USA, they just never finalized a divorce but yes I understand the narrative here regardless on paper she was still married. 

And yes I didn't know her or meet her online we meet when I got here, people meet significant others all the day, she was my first relationship and to debunk that aspect here we are 14+ years later still together bought multiple homes etc. So it wasn't like a hey marry me type etc. If that makes sense. It's different if am divorced now with her then it raises that big question u asked.

Yes I support financially I had always worked on F1 visa even though not a huge amount but I always had a job and supported. 

12 minutes ago, Mike E said:

Who is the mother of your son?

My wife, I have been married once, have 1 child and we still together till today and that's who am married to. Again Mike thanks for taking time responding because everything you are saying I am double checking making sure no mistakes was done.

26 minutes ago, Mike E said:

So I suspect the scrutiny on your case comes down to:

 

* inconsistency in your representation of when you got married.  In this thread you’ve said you were married in 2010 and in 2012

 

* If you were married in 2010, given her divorce was final in 2011, then suffice to say you’ve a tough problem 

 

* even if the above two issues can be resolved in your favor, the proximity of the divorce to your marriage might be raising concerns given your authorized stay on your F-1 was about to run out

I suggest you tighten up your grasp of all the relevant dates and rehearse. Then have a solid story about end of your wife’s previous marriage and went your relationship started with her.  

 

@Mike E thank you for all the input and feedback, as far as marriage maybe i should have been much clearer sorry using my phone to respond and doing so much but since am providing information for guidance I need to double check. During the 2010 period was when she was fighting for divorce due to assets involved but my son was born in 2009. Marriage was being discussed but we could not get married obviously until her divorce was finalize. We got married Feb. Of 2012 and I have been going through my documents since last night so far its consistent with all official certificates. Note an attorney filed my residency and retained an attorney for N400 as well. 

Now I get the fact I had 4 year visa on F1 and I cut it close but again I had ties had a son was still in school etc. Obviously could not get married since her divorce was not finalized but it was never a question that was brought up during my interview for residency and citizenship not once. 

But again you do make valid points even though my mind has been crawling around the criminal case which I inquired with various attorneys that stated it won't fall under moral character since there was a legal case on that which favored the person. But I know uscis views things differently, I am okay dealing with my past actions, I did not lie about it,  as a matter of fact as mentioned I work in government meaning I disclosed it so do I regret my actions yes but I have changed and I do impact society and community now with my job you know

8 hours ago, Mike E said:

Was this disclosed in I-485 and N-400?

 

What year did she divorce?

Yes it was disclosed, her marriage and divorce certificates were included in both application.

If am correct she was going through divorce battle between 2010/2011 I think it was court finalized in 2011

8 hours ago, Mike E said:

Did you graduate?

Yes, I graduated both with my bachelor's and masters. 

2 hours ago, Mike E said:

Or why not adjust after waiting 2 full years given marriage was in 2010 and the RoC filed 2012. IOW wait until the 2nd wedding anniversary to file I-485 and there is no need to file I-751.  

Yeah.  I also have the pending question on where the petitioner was born and then would want to ask about previous marital histories of both.  

Again I had no clue, what process etc. I just knew after marriage I could adjust to permanent. Honest mistake on my path, the more I read on here the more learnt about these stuff..

My wife is American born and raised here. I was never married before this is my first marriage. But spouse was previously married to an American who she divorced.

1 minute ago, Jorgedig said:

Had you previously applied for a tourist visa back in your country prior to the F1?

Never applied for any visa, only F1 and I had a scholarship to play sports. 

3 hours ago, iwannaplay54 said:

This looks straightforward.  Hate to ask you but did you file ANYTHING between 2010 and 2012 that did not disclose your marriage?  Renewed F1?  Anything that could be interpreted as non-immigrant application with immigrant intent?  Why not adjust status in 2010?  My bets are its something around that gap that they want to dig into.

I appreciate everyone's assistance, between 2010 and 2012 i did not file anything that excluded my marriage. I never renewed F1 since it was 4 years, I was always enrolled in school full time as well.  I filed income taxes I did everything correctly obviously aside the arrest incident which again I did disclose and I was asked about it during my re entry in 2010.  I got married in 2012 so couldn't adjust in 2010 even though we lived together son was just born.

3 hours ago, Mike E said:

@highHopes I didn’t see an answer to this. 

Yes she was born in the USA

18 minutes ago, Mike E said:

I see no reason why this issue should cause your naturalization to be denied.

 

Your timeline says you entered the USA on the same day you filed I-485. If so, that's an issue, and as @OldUser says, your entire history will be reviewed.

 

Was your spouse born in the U.S.? Did you know your spouse before you entered the U.S. on your F-1?

 

I must have made a mistake on my timeline but:

2008 entered USA on F1 visa

2010 got married meet my spouse here did not know her before arriving

2012  applied for permanent residency  got the standard 2 year temp

2015 Temp removed got full 10 years.

And now applied for N400

12 minutes ago, Mike E said:

 

Did you disclose this on:

 

Any F-1 visa renewal

I-485

N-400

 

?

Yes it was disclosed it on my I-485. I did not do any F-1 renewal.

Also disclosed on N-400 and I even had to provide certified court. Documents. My attorney actually completed the N400. Like I mentioned due to that arrest i took every step to make sure I disclose it. I was asked questions about it during my interview explained the entire situation.  

1 minute ago, Mike E said:

This is unusual.  
 

I hope your lawyer will be attending with you 

 Was this while you were an LPR?

 

How many days were you absent from the USA in the past 5 years?

Yes I know has me nervous big time.

Yes my attorney will be present.

It happened when I was a student on an F-1 visa. 

I have been out of the country totally of maybe 17 days in total and that's twice traveling once in 2010 and in 2015 all between a week or week and half.

13 minutes ago, OldUser said:

Your entire immigration history is reviewed when you apply for N-400.

 

- Were you in status when you married a US citizen?

- Are you still married to this US citizen?

- When your I-751 was approved, were you still married and living together?

- Did you commit any crimes?

- Were you a part of any group?

 

There's many reasons why you could have been called for the second interview.

 

Is I-797C for interview or something else?

 

 

To answer your questions 

Were you in status when you married a US citizen? Yes i was still F-1

- Are you still married to this US citizen? Yes still married 10yrs with a child

- When your I-751 was approved, were you still married and living together? Yes was married and living together

- Did you commit any crimes? Yes i do have a record "recieving and concealinga stolen property less than $500. I had that before i applied for I-751

- Were you a part of any group? No , I actually work in government as we speak and have for the past 5 years.

12 minutes ago, Mike E said:

Generally yes we have. In my case that was a notice to take oath of citizenship.  Are you sure that isn’t what your notice says?

Well I didn't see anywhere that says oath. I attached copy 

38 minutes ago, MiraCante said:

I don't understand!

Let me see if I can explain it better.

I applied June 1st 2021

Got notice for an interview  November 2021

I interviewed January 2022 - I was told a decision could not be made. I have been waiting all these month. 

Today I received a letter Notice of Action Form I-797C on January 18 2023

I am confused because I have interviewed already so am going to be interviewed again or they need to ask some further question or what ?

Thanks 

Afternoon, trying to get some opinions, I had interviewed in January of 2022 I applied June 1st 2021. Today I just received NOA to appear January 18th 2023. Has anyone experienced this? Do I need to restudy for the N400 questions even though I had passed earlier in the year?

I do have an attorney on record but I am awaiting his call to ask, am just kind of confused and nervous.

Thanks 

Has anyone recently noticed the processing time has changed??

I applied back in June 1st 2021 Oakland Park FL Office, I had interviewed back in January of 2022. I was told passed everything just need to wait for supervisor review. Document given said decision could not be made.

Fast forward I was told 60 to 90 days since I had interviewed waited nothing. My priority date then switched to December 1st 2022. Yesterday I checked it has totally changed and now I can see estimated wait time has 8 months,  I couldn't believe it that means it puts me around 18 months after interviewed, today I check again I was slapped with another 1 month to push it to 9 months estimated wait time. Has anyone experience that, I did the online inquiry I was told to wait, went through my congresswoman that's when I found out they still pending background but am like no way is it taking taking them 2 years for background  for a Government employee at that meaning my information is already in the system.