afrocraft

On 8/18/2019 at 5:11 PM, DCN400 said:

Had my oath on Friday at the US District Court in DC. Wishing you all the best on your naturalization journey. This forum has been very helpful throughout my very stressful 9+ process. Happy to answer any questions from DC applicants.

Congrats! How long did the ceremony take from start to finish? Mine's coming up in a few.

27 minutes ago, meadowzephyr said:

Thank you @afrocraft I appreciate your input. Why is the three year rule an advantage if he traveled a lot?

If he traveled a lot in the first two years, as many do while making the transition to life in the US, he stands at risk of breaking continuity of residence, one of the requirements for citizenship. So you want USCIS to focus on the most recent 3 years, not the entire 5-year period. You break continuity of residence when you've been overseas for longer than 6 months at a time, or if you travel so often that it appears your actual residence is more outside the US than it is in the US.

4 hours ago, bukaldrinio said:

we have never heard of fioa please how do we go about it 

It's the Freedom of Information Act: the law that allows people to view certain official records that government agencies keep about them, with certain limits. Google "FOIA FBI" (replace with the relevant agency) and you'll see the websites. It's usually free.

23 hours ago, Greenbaum said:

Your embassy is one of the most difficult ones around to receive a visa. There is nothing more you can do. You just need some more patience.  There are these nightmares all over VJ so it's not just you. 

Naah. Quit the scaremongering; this has little to do with Lagos. From experience, people who are involved in import/export of cars are often flagged for money laundering (and other financial crimes/terrorism), and that better explains a delay of this length.

@bukaldrinio I feel your pain but unfortunately there's little you can do beyond continuing to make case inquiries at the Lagos consulate (usually better to email them in the morning) and through your Congressional rep (try a different rep/senator). Craft a standard email that states how long you've been waiting since 1) case filing, 2) interview, 3) submission of requested documentation, and what negative impacts the delay has had on you (financial, personal -- but don't be too emotional). Acknowledge that the delay may not be from the State Dept, and ask how you can help accelerate the AP. Do so every 60 days or so.

You may also be able to file FOIA requests with the other agencies involved in making the decision (FBI/DHS) to see what the delay is about.

You can file a mandamus lawsuit to force a speedy decision, but if, as I think, a security review is in process, forcing the State Dept to make a decision could lead to an automatic denial.

Good luck!

Multiple "hit" jobs might 😎

1 hour ago, coloradaninperu said:

Did anyone experience something similar? How long did it take for the oath scheduling to come through? Thanks!!

Unfortunately you're not yet at oath scheduling -- he needs a decision on the N-400 first, then he'll be placed in line for the oath ceremony. By law, USCIS has up to 120 days after the interview to decide the N-400, and there is very little you can do until then. The reasons for the delay could be anything from the case officer going on leave to USCIS doing some further checks.

Sorry I don't have better news.

5 hours ago, mz_066 said:

Congratulations, 

Thanks!

Oath ceremony scheduled. Sept 10th. The end is finally within sight.

3 minutes ago, Canuck Carrie said:

 

Even if my closest office still did Infopass appointments, they are 3 hours away. I did submit an inquiry online and got a mostly form letter reply, I haven't called them yet though. Based on other members, and people in my community, the standard wait time in my area is 5-7 months. I did call the courthouse yesterday, the next ceremony is September 26th, now I need to figure out how to make sure I'm scheduled for that date. 

5-7 months after approval? Ridiculous. Are you sure about that? 

1 hour ago, emmhak said:

Hello everyone,

 

I am going nuts as my temporary green card will expire in a couple of months. My husband and I married in 2016...and he has not been at home for the last year...was hospitalized multiple times due to intoxication... i had to ask him to leave and seek for help in his home state, where his mom lives...I am not sure what  proof to provide as i am the only one working so we have no bank accounts together or insurance. I was planning on sending an affidavit from his mom,  and a letter from him... I applied for food stamps. I am now able to provide for myself and my son so I did not reapply for it and have been 6 months without it.

First, relax. Single parents are strong people (my sister is one), and I'm sure you'll get through this. Second, you're not alone: Many people have gone through this, and USCIS has a process to waive the joint filing requirements for ROC. You can search these forums for similar cases, if you're not able to file with your husband.

Third, start compiling your evidence with what you do have, beginning from marriage to the present. You want to put together anything you have that shows that, since marriage, you have 1) lived together, 2) shared financial responsibilities (e.g, filed taxes as married), 3) shared life experiences (e.g., had a child together), and 4) planned for the future together (OK, this one might be tough.) You might be surprised what you can pull up with a little creativity. For instance: Since your husband appears willing to write you a letter, can he send a copy of his driver's license (showing same address as the one on your license?). 

The affidavits will be useful if well written (include dates of marriage, moving in together, separation, explanations, etc.), but you'll need more. Click the link below to see some more examples, then think about alternative evidence in each of the 4 categories. Good luck!

On 8/10/2019 at 1:31 PM, shorouq123 said:

So we received the RFE letter two days ago and it doesn't quite specify what they need and just giving examples of additional evidence we can send as they said " The documentation submitted insufficient because the evidence is limited ".

Sorry to hear about your RFE. In case you didn't do so the first time:

• For each type of evidence you provide, be careful to include documents from marriage to the present, where possible;
• Send evidence across each one of the following areas: 1) cohabitation; 2) co-mingling of finances; 3) shared life experiences; and 4) joint planning for the future.

Do that and you'll be fine. See framework below (click the arrow to go directly to the post) as a guide to the range and strength of ROC evidence. Good luck!

On 8/10/2019 at 8:47 AM, Canuck Carrie said:

I'm in Texas. Approved interview on May 20th, still waiting for an Oath date. It all depends on where yours will be. 

If you still haven't heard back, you really should call in/do Infopass/ask your rep to follow up for you. You've waited long enough.

2 minutes ago, Rick&Maeve said:

Just to clarify one question regarding our lease. My landlord typed it up himself and since we are renting from a private homeowner, the lease agreement is not on an official letterhead. I was just wondering whether that agreement is acceptable?

If it's signed, you're fine. The standard of evidence is a totality of the circumstances.

5 minutes ago, Rick&Maeve said:

Also forgot to ask which tax transcript to I upload. Do I upload the account transcript or the return transcript?

Return: the one that has your tax information (income, deductions, taxes, etc.)

14 minutes ago, Coogah said:

Maybe this was a late night post and I left stuff out in my first post, but this is in response to an RFE. All the documents I described above we sent in with the initial N-400 application. I'm just super confused why we got an RFE for generic documents that were already sent to them and if that kind of RFE happens often.

I know you did it right the first time. USCIS screws things up sometimes. Just send them again, with a cover note stating that you sent them previously, and pointing out the few new inclusions. Sooner the better. Sorry you have to go through this. I went through two interviews for no reason.

21 hours ago, Al Bundy said:

Also, 5 years has elapsed from the time I returned (July 2014 to August 2019). So I am wondering whether I can also argue from that point.

As @Zaidba has stated, this won't fly. Your only prayer is to prove, through evidence, that even though you stayed away beyond 6 months, you in fact maintained a residence in the US without regard to your intent. Maintenance suggests ongoing access to one's US residence (so merely having a lease/title to a house is insufficient). I provided a framework in my previous post. See excerpts of the USCIS Policy Manual Vol 12 Chapter 3 below. Good luck!

Quote

1. Absence of More than Six Months (but Less than One Year)
An absence of more than six months... during the period for which continuous residence is required is presumed to break the continuity of such residence...

 

An applicant’s intent is not relevant in determining the location of his or her residence. The period of absence from the United States is the defining factor in determining whether the applicant is presumed to have disrupted his or her residence.

 

An applicant may overcome the presumption of loss of his or her continuity of residence by providing evidence to establish that the applicant did not disrupt his or her residence. The evidence may include, but is not limited to, documentation that during the absence:

• The applicant did not terminate his or her employment in the United States or obtain employment while abroad.
• The applicant’s immediate family remained in the United States.
• The applicant retained full access to his or her United States abode.

On 8/11/2019 at 2:53 AM, Boiler said:

None of these seem to apply.

None? Did you read my list?

Choosing between 3- and 5-year rule depends on his circumstances and which option gives him the greater chance of meeting the eligibility requirements for citizenship -- especially as it relates to the first two years of his permanent residency. Generally, applying under the 5-year rule is preferable,  as others have stated, but suppose he traveled abroad a lot during those first two years (and is at risk of breaking continuity of residence then) or committed crimes/infractions during those years, you might want to opt for the 3-year rule.

7 hours ago, Zaidba said:

You are absolutely right in everything you wrote. However, I based my opinion on what he wrote, he did not have any connection to the US during his absence for 9 months...

Therefore, and in view of his situation and his way handling the whole matter, I suggested that he seeks a legal advice and still think this is in his best interest.

OP needs a bit of creativity and, yes, perhaps some legal help. This will be a tough one, but I wouldn't suggest that the case is lost yet. Without knowing what immigrant visa s/he initially obtained and other personal circumstances, it's difficult to provide advice, but I can think of a few things that may weigh positively in his/her favor:

Evidence of the context

• A letter to USCIS describing the circumstances around his departure (shutdown, decision to travel, etc.)
• Newspaper articles around that period of the shutdown, with dates of the shutdown
• Press releases from Social Sec. administration, USCIS showing delays in processing documents for employment, etc.
• Travel reservations showing round-trip ticket returning to the US within 6 months of departure, and changes to reservation

Evidence that s/he maintained US residence:

• A simple, written and signed lease agreement with his/her longtime friend representing the terms of the stay (e.g., how much rent is AND that the rent would cover bills, etc.)
• Evidence of the "rent payments" (e.g., bank statements with rent transactions)
• Cell phone bills (assuming s/he at least got a phone line upon arriving the US) covering the period of absence
• Evidence that family members stayed in the US while s/he was abroad

Evidence that s/he abandoned foreign ties

• Evidence of disposal of foreign assets (suggesting abandoning foreign ties in favor of US ones): Deeds of sale, checks/receipts, foreign bank account statements supporting sale of significant assets (house, car, valuables, etc.)
• Evidence that the funds raised were brought back to the US (e.g., FinCEN form 105 declaration of funds brought into the US, US bank statements showing transactions)

On 8/8/2019 at 1:58 PM, Zaidba said:

1. Based on your description,You have no chance getting approved and I don't think you should worry about this.

2. You said that USCIS are asking you to prove that you did not abandon your residency... I am afraid if you are told that you have to prove that you did not abandon your residency that you will face more difficulties keeping your green card (I hope not).

It's not so clear cut. 

1. Applicant is presumed to have broken continuous residence after a departure more than 6 months -- unless s/he can provide evidence (a) the trip was intended to be short but extenuating circumstances kept them abroad longer, and (b) they maintained strong ties to the US (maintained a home in the US, paid utilities, received mail there, filed taxes, had open bank accounts, had health insurance coverage in the US, kept family in the US, did not take employment abroad, etc.)

2. You can't lose residency unless you stay abroad for more than 1 year, or claim not to be a US resident on official documents. The issue here is possible break in continuity of residence.

3 hours ago, tiurzm said:

Thank you so much for your respond. Oh I see. So if we live with our parents, should we contribute to pay some bills? 

USCIS don't care whether you contribute to paying your parents' bills. They only care that you and your spouse have evidence of a typical marital relationship from marriage till you apply. Such evidence covers:

• Cohabitation (living together)
• Co-mingling of finances (you both share financial assets and liabilities)
• Shared life experiences
• Shared planning for the future.

I provided a list of possible evidence in the link to my last post. If you don't have one (e.g., like a lease agreement because you live with your parents), you can provide other types of evidence (e.g., driver's licences from both of you with the same address).

You bear the burden of proving your eligibility for citizenship. Go through each of the eligibility requirements and consider what documents you will need to establish eligibility on all grounds.

7 minutes ago, Undecided said:

The online form keeps telling me my former husbands dob must be before the date of our marriage, which is fair enough if  it was, but it isn’t.

Huh? Of course his date of birth must be before the marriage date. Or did you marry a fetus?

What's the typical wait time from approval to oath in Washington DC proper, please? The waiting and the uncertainty are killing me sof'ly!

On 7/22/2019 at 10:20 AM, spousewaitingvisa said:

Question: my spouse filed online while residing in Maryland.  I noticed that most Maryland flyers' interview place is Baltimore, MD, but my spouse's interview said it is Fairfax, VA.   Did they make a mistake?  no mistake?

No: USCIS is moving cases around to nearby offices with spare capacity to speed up processing. Several threads on this forum about this, like below: