Jump to content

osune22

Members
 View Profile  See their activity

  • Posts

    56

  • Joined

  • Last visited

 Content Type 

Posts posted by osune22

    N-400 December 2015 Filers

    in US Citizenship Case Filing and Progress Reports

    Posted

    Update:

    I got the denial letter in the mail a little over 4 weeks after the interview. The denial decision was based on the fact that as at the time I filed, my spouse and I were not physical living together in the same household. The IO totally ignored the exemptions pertaining to "Involuntary Separation". As I earlier indicated, my wife and I live in different cities due to our jobs' situation. In spite of all the evidence I provided the IO still went ahead and denied the case.

    I consulted an attorney who happened to be a former IO. She was furious that I got denied. She told me I was unlucky to get a crappy/inexperienced IO.

    She outlined 3 options :

    - Appeal the decision: the prospect of overturning the decision is very bright but it will take forever for USCIS to adjudicate. It will cost me $3700 in attorney fees n appeal fees.

    - reapply now and hire an attorney to handle the case. It will cost me $2000 in lawyer and application fees. But the decision will still be at the discretion of the IO.

    - Wait and file next year under the 5 yr rule for which the IO's discretion will not come to play and it will be certain that I will get approval barring any criminal record or overstaying my visit abroad.

    I decided to wait till next year and file using the 5 yr rule.

    The attorney's suggestion is that if your case is not that cut and dry, it is a good idea to hire an attorney to go with you to the interview. That way the IO will not use intimidation or other tactics to deny your case.

    N-400 December 2015 Filers

    in US Citizenship Case Filing and Progress Reports

    Posted

    In some way the IO was a little transparent to advise that I should wait and apply under the 5 yr rule. I think the lawyer I consulted could have done a better job. I was optimistic that the Involuntary separation exceptions would apply in my case. I thought the IO took exception to me standing up for my right. When I spoke to the Tier 2, she asked me what happened at the interview? She wouldn't elaborate when I asked her if there was a note by the IO.

    It Just sucks. I would consult a lawyer when I got the detail in the mail. Appeal will definitely cost me a lot of money with no approval guarantee.

    N-400 December 2015 Filers

    in US Citizenship Case Filing and Progress Reports

    Posted

    Hey Everybody,

    I had my interview over two weeks ago. I got the irritating letter stating Decision cannot be made. There has been no status change on my case online. I was not particularly pleased with the IO approach. She was bent on denying my case rather learning all the facts.

    Do you think it is a bit premature to contact the office of the US representative representing my district? My patience is growing thinner by the day.

    N-400 December 2015 Filers

    in US Citizenship Case Filing and Progress Reports

    Posted

    spring333,

    Really sad to hear that. You nay have read my post from 2 weeks ago regarding my interview. The IO pressed me to withdraw my case or that she was going to deny my application for the fact that my wife and I are living apart due to our job situations. We both live in the same state. I told the IO I was not gonna withdraw my case without consulting my lawyer. That's when things got a little interesting. She went to get her supervisor to talk to me. I did the interview and passed all the civics and English test. My case is gonna be reviewed by another supervisor and possible by a committee. That's what my IO told me. It has been more than 2 weeks now and nothing in the mail or a status change online. I spoke to Tier2 twice and I was told my case is under review. A case inquiry has been sent to my local office and they should answer by this Friday. I plan on contacting the US Congresswoman for my district and possibly hiring an attorney.

    N-400 December 2015 Filers

    in US Citizenship Case Filing and Progress Reports

    Posted

    I am a little antsy! Did my interview last week Tuesday. Got the awful "Decision cannot be made" piece of paper. Its been over a week and there has not been a change in my status online. Not even the "supervisory review" status. Just wondering what might going on. The IO and I had a little back and forth about my eligibility to apply under the 3 yr rule since my wife and I are living apart due to out Job situations. She told me her supervision will have to review my case.

    N-400 December 2015 Filers

    in US Citizenship Case Filing and Progress Reports

    Posted

    I had my interview today at the USCIS Oakland Park, Florida office. Interview was for 8:30 am. I arrived at 8:00 am. Was called in by the IO at 9:40 am. She looked pleasant. I was sworn for the oath for the interview. After which she told me that I have the option to withdraw my application or go through the interview process and be denied at the end because technically she thought i am not eligible to apply under the 3 yr rule bcos I live apart from my wife. I work as an inspector and my job takes round the southern part of Florida. My company insisted that i maintain a residence in the Miami area. My wife works for the VA and she resides an 8 hr drive away from me in Florida. She has tried to transfer to a VA facility in the Miami but we have been unsuccessful. I presented evidence to support my claims. We have been in bona fide marriage.

    I insisted that I duly qualify to apply for naturalization under the 3 yr rule since we are living apart for career reasons. I told her I cannot make the decision to withdraw my case without speaking with an attorney. At that point she told me she was going to call her supervisor to explain the law to me. A lady came who introduced herself as acting supervisor. She tried to clean up the statement made by the IO by saying that they will set up a committee to see whether there are exceptions in the provision that might apply to my case.

    So they went ahead and tested me on the civic and all the interview questions. Civic questions were straightforward.

    Long story short, the IO gave me a piece of paper saying decision cannot be made at the time and that I will be contacted in the mail. So my fingers crossed at this time.

×
×
  • Create New...