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About afrocraft

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    Gold Member
  • Member # 203327
  • Location Washington D.C., DC, USA

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Immigration Info

  • Immigration Status
    Naturalization (pending)
  • Local Office
    Washington DC

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  1. For your sanity's sake, wait two full days before submitting. I know you have a right to submit on the 20th and I'm certain you'll eventually prevail, but my experience, and the case below, urge patience.
  2. You bet. There's no good way to say this, but please tell your friend not to attempt to hide the fact that her spouse is deceased. That would be material misrepresentation and grounds for denaturalization. Better to reapply under the 5-year rule.
  3. Wow. That's harsh. Give her a hug for the rest of us. Here's what the USCIS Policy Manual says: 2. Loss of Marital Union due to Death, Divorce, or Expatriation Death of U.S. Citizen Spouse An applicant is ineligible to naturalize as the spouse of a U.S. citizen if the U.S. citizen dies any time prior to the applicant taking the Oath of Allegiance. However, if the applicant is the surviving spouse of a U.S. citizen who died during a period of honorable service in an active-duty status in the U.S. armed forces, the applicant may be eligible for naturalization based on his or her marriage under a special provision.
  4. Surely one can imagine other similar documents that have just one name but are good evidence for marriage bona fides. Like: Cohabitation: Official correspondence (including the envelope) from government agencies (e.g., IRS, SSA) addressed separately to each spouse Co-mingled finances: Separately owned financial statements with every-day transactions that go to same address, show sharing of financial responsibilities, and are explained in a cover letter Shared life experiences: Hotel reservation, obviously in one spouse's name, that support other travel bookings for joint trips Respectfully, your blanket don't-bother-with-stuff-with-only-one-name advice was not well thought through, and could hinder creative thinking by petitioners who lack routinely cited documentation.
  5. Uhm, I'm not sure about this. Driver's licenses with the same address are strong evidence of residence, but obviously bear only one name. OP: Send whatever you have that shows 1) cohabitation, 2) co-mingled finances, 3) shared life experiences, and 4) planning for the future together, and that do so from marriage to the present. Those are the essential elements of a bona fide marital relationship. Use your cover letter or an "Evidence Guide" to explain any deviation from expectation.
  6. In practice, when OP applies under the 5-year rule, here's how it might play out at interview: Adjudicating officer cites previous denial, and asks for proof of LPR status obtained via marriage. And we're back to where OP was when his 3-year application was denied.
  7. Of course USCIS will need grounds for denial. We agree on that. Here's one: Notice that fraud isn't the standard; just failure to establish. Further: And:
  8. Right. And you can see why examining marriage for 5-year rule makes sense if we consider the following extreme scenario of marriage fraud: The applicant would marry a USC, petition for green card, wait more than 2 years before POE (so avoid the scrutiny of ROC), then wait another 5 years of residency to apply for citizenship (so avoid marriage scrutiny under 3-year rule). Does anyone really think in that scenario USCIS would be prohibited from probing whether that marriage was bona fide?
  9. Exactly. And with a previous denial on that very basis, he now has a giant bullseye on his back.
  10. Again, technically incorrect: One always has to be ready to show evidence of lawful admission. The USCIS manual is even clear on the documentary standard ("mere possession of a [green card] is insufficient). In OP's case, with a previous denial of benefit on the basis of marriage, his burden is even greater.
  11. Respectfully, this is incorrect. I understand your point, but by statute and by case law, the applicant always bears the burden of proving eligiblity for naturalization.
  12. I meant before the denial was issued. In any case, to your question, you still have to show, among other things, that you were lawfully admitted as a LPR. It looks like you gained admission via marriage, so I would assume there remains a question mark on the validity of the marriage, and thus on your LPR status, even when you apply under the 5-year rule. https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-2
  13. Huh? Did they not first issue an RFE for marriage evidence? I can't imagine that they denied you without giving you an opportunity to provide this.
  14. Did you file I-751 Petition to Remove Conditions of Residence?
  15. Update: My ROC was approved without an interview, and my 10-year green card now has my correct date of admission (POE date). Question now is: How do I move my case forward? I'm pretty sure I'll need another interview since the adjudicating officer didn't do civics, English tests, but how do I get USCIS to schedule a 2nd interview? I've called, created service requests, and sent a letter via certified mail to my local office. No response. InfoPass appointments are almost never available.
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