Makanaki

45 minutes ago, Lemonslice said:

In most states, a longer marriage might mean alimony being granted for a longer duration too.  Please tell your friend that he needs to check in with lawyers before making big decisions (marriage, separation, divorce, USCIS applications, tax avoidance, whatever else is happening in his life); he does not seem to understand how the law of the land works.

Unfortunately 😞 

1 hour ago, Joyoussinger said:

He needs to call the police and find out if there is an Incident Report.

Yes, he has. Unfortunately they said the incident was over7 years ago and they are no longer in posession - even archive department

Just now, Rocio0010 said:

They are saying that after the denial he will most likely end up in immigration court. He also said your friend does not know what he is doing because he shouldn't have applied for N400 until everything was sorted out.

Oh okay. Yes he has come to the conclusion that not divorcing all these years was a huge mistake coupled with the IRS issue.

8 minutes ago, carmel34 said:

She can file for divorce on her own and seek alimony in court.  She doesn't need his "permission" for that.  Not paying taxes means that the N-400 will be denied.  I agree with others that paying for a very experienced immigration attorney is in his future.  Plus a good divorce attorney.  Advise him that he may need a second job to pay for everything.

Yea unfortunately she seems not to know better

5 minutes ago, Boiler said:

It does not really matter, he needs to understand the situation he is.

Okay thank you

8 minutes ago, Boiler said:

 

That would be an issue for an Immigration Court which suggest he does not know what he is doing.

 

Applying in the first place implied that.

@Boiler I don’t seem to understand. Can you please elucidate 

1 hour ago, Rocio0010 said:

What did he answer to the question "have you ever been cited, arrested, or detained...?"

No, he has never been cited, arrested or detained. The police came to the house and told them it was a domestic issue that they could not get involved with. He was never arrested 

5 hours ago, FriendlyUser said:

If his wife still hasn't filed for divorce (7 years later), then there is a chance they are indeed on good terms, only as friends, not as a marital union. However, I agree, if he set up a payment plan with the IRS only after or just before he filed N-400, then he is indeed in big trouble. 

Yea they are in talking terms but on the level of divorce. She wants alimony (all in text) which he is not ready to give. And yep, the IRS payment plan was just enacted yesterday. He understands that the N400 may be denied, but greatest concern is on his GC

7 hours ago, Pinkrlion said:

I wholeheartedly believe that his wife is not going to cooperate. Furthermore. If your recently set-up IRS payment plan after he filed N-400 that is another issue. 

Hi @Pinkrlion yes you are right she won’t cooperate. In fact one of the reasons they are yet to divorce is she’s asking for alimony. And concerning IRS payment plan he only just set that up yesterday.

8 hours ago, FriendlyUser said:

I agree with @Family: he will have to respond to the NOID. Given the circumstances, I'm surprised the officer didn't ask him about his marriage and taxes. 1) Though he stated in the application for naturalization that he was married, he most likely stated different addresses for him and his wife for the past 7 years. For some reason, the officer didn't ask him why they lived together only for the first three years and why they have been living separately afterwards for the past seven years. It may be a misrepresentation in their eyes (just a supposition). The good news here is that he is still on good terms with his estranged wife, who can vouch for their truthful marriage in a written notarized statement. He just needs to ask her to write it down, notarize it, and send it to him asap. I would also include any evidence of mutual co-living for the first three years.

 

2) As far as I know, they usually ask at the interview if you have ever owed any tax payments. This is one of their standard questions. If this question wasn't asked, that's one story: he can provide proof of his payment plan in his response to the NOID. If he was asked this question and he somehow misrepresented himself by withholding the truth or otherwise, that is a different story. If he has consistently owed taxes for a number of years in a row, it may also have added additional complications to his case. If I were in this position, I would do everything possible to pay off the whole debt today or tomorrow. But if he can't do that at all and/or if he owes taxes only for one year, then at least provide them not only with a freshly created payment plan, but also that he's been doing monthly payments for the debt period, whatever months/years it may be.

@FriendlyUser thank you for chiming in on this. The officer only asked about his taxes which he told them the truth. And yes he did state different addresses for both of them. 

11 hours ago, Family said:

He MUST respond to the NOID . Although they will still deny the N-400 , it is very important he establishes a record that his marriage was real. 
 

He needs to gather every possible paper record of the 3 years they lived together , include the police event for their big fight . Even though there was no police report or arrest , police can provide a log of response to that address.

 

Get the wife to write a statement, she can be blunt and truthful about the relationship and why she has not filed for divorce…get statement notarized .

 

They will deny the N-400 and leave him in LPR limbo . 
If they want to pursue rescission proceedings, he will know  ( get notice ) and can lawyer up 

 

https://www.justice.gov/eoir/reference-materials/ic/chapter-7/3#:~:text=In a rescission proceeding%2C an,§ 1246.1 et seq.

b) Notice of Intent to Rescind

A rescission proceeding begins when the Department of Homeland Security personally serves a noncitizen with a Notice of Intent to Rescind

Thank you so much @Family I really appreciate your insight on this and the link. He contacted a lawyer and the money they are asking for is high. He will respond to the case himself with all the evidences he has with an expectation of denial. Hopefully they won’t rescind his green card , but if they do he will definitely lawyer up. Thank you 🙏 

11 hours ago, Family said:

Under no circumstance should he withdraw . He has to respond to the NOID . 

Yes he will respond and let you know how it goes

Just now, PaulaCJohnny said:

Did he claimed on the application that he was married? 

Yes

1 minute ago, PaulaCJohnny said:

What was the problem with the police?

this can possibly be the cause

There wasn’t any police case per se. She called the police on him and on arrival the police said the house belongs to him as well and they cannot move him out of the house

2 minutes ago, Crazy Cat said:

He got his Green card through the marriage, correct? 

Yes

1 minute ago, SalishSea said:

So he now has a criminal record?  

No. The police was called to the fight, and they said they couldn’t move him out of the house but advised him to voluntarily leave. Which was what he did. 

1 minute ago, Crazy Cat said:

Might have to immediately withdraw the N-400, if possible.  This could get real messy. 

If he withdraws, any impact on his green card?

3 minutes ago, Boiler said:

The tax situation would have killed it never mind the dodgy marriage situation.

He has already set up a payment plan with IRS. Wouldn’t that suffice for this part?

2 minutes ago, SalishSea said:

Did he remove conditions?

 

Even if applying based on the 5 year rule, the  circumstances of how he initially got the GC matter.  Sounds like they suspect fraud. Even if he withdraws his application from citizenship, he could be referred to an immigration judge.   I agree, he needs a lawyer.

No he did not have to remove conditions. He was given a 10 years green card.

His marriage is real. Him and his wife had a major issue that involved the police. Ever since they lived apart. They are now in good terms but just not living together.

if he withdraws his citizenship can it affect his GC at all?

2 minutes ago, Boiler said:

I do not see how he could have been approved.

 

Did he use a Lawyer?

Hi Boiler, yes he was approved. A day to the oath ceremony was when they called to cancel. 
 

No he did not use a lawyer 

4 minutes ago, Crazy Cat said:

Time to "lawyer up", imho.  This is no longer DIY.  Have they claimed misrepresentation yet?  Did he just apply for citizenship?  

They haven’t claimed misrepresentation yet. He applied for citizenship 2 years ago, he went for the interview, he was approved. A day to the oath ceremony was when they called him saying he should not attend the ceremony that his background check was still pending. Just few days he got the NOID

Hello Fam, I am asking this question on behalf of a friend. He has been married to his US Citizen wife for 10 years but they stopped living together since about 7 years ago. They never got divorced. He applied for his citizenship based on the 5 year rule, he was approved but at the point of oath ceremony his case stalled since 2 years ago. USCIS has now sent a letter now stating that records showed that he and his wife have not been living together and that their “marriage does not appear legitimate”. Coupled with this, they wrote that he has outstanding or overdue taxes.

Please how do you advise for him to proceed? He has 15 days to respond?

1 minute ago, balo101 said:

Have you applied for asylum? I know people will discourage you. Even they did same with me. However, i took my chances and traveled like 7 times. lol

No, never applied for asylum.

1 minute ago, balo101 said:

I can feel that. Just hang in there. I know it is tough. I am glad they are reopening your case. I do not know if you can travel with AP. If you can then i think you should.  

Since the first year I got an AP and everyone discouraged me on using it, I never re-applied for it. I have been stuck here for 8 years. 😒I believe the end is near for sure.

3 minutes ago, balo101 said:

you might not receive any notice for this. You would probably get another update saying "we have reopened your case". The latter that you would receive would be about we are considering our earlier decision. It is basically about reopening of your file. 

Oh okay, thanks Balo for the clarification. Just can't wait for all of these to be over 😒

Hey guys, I haven't been here for a while as I had to battle the denial they sent on my I-360 after waiting since 2019. Glory to God, I was able to file the I290B with the help of a lawyer. Last week my I-765 was updated to show that finger print was applied. This morning at 4.35am my I360 was updated to show that name was updated. And just now my I360 and my children's I485 was updated to ''Case was reopened for reconsideration'' and I should receive a notice, if not received by by Jan 11 I should request a copy. 

Anyone being in this position before and know what could possibly be in this notice? FYI, my I290B has not being updated since they received it 11/01

On 3/30/2023 at 2:36 PM, Makanaki said:

Thanks @TBoneTX for responding. That makes sense - the “in addition to’.

 

Yes I do have informed delivery but I’m traveling next Tuesday and kinda hoping it will arrive before then.

 

Phew! I pray it is something ridiculously simple!

 

I guess I will just ask a friend to pick up my mails whilst I’m away and scan it to me to reduce my anxiety.

 

Will definitely post on here once I see it.

I received the RFE and yes it’s somewhat ridiculously simple @TBoneTX

2 things they asked for which I kinda knew they were going to ask for one of them but was hoping the longevity and the issuance of my daughters GC will nullify it.

1) Police clearance from home country (expected). 

2) Evidence of termination of “1st marriage” (unexpected). I put this in quotation marks because we were never legally married, not even traditionally. But with the belief that we will and my naivety back then I bore his name and considered “his wife”. Not strange in my country mind you. I visited the US back then as “his wife”. But relationship ended with my mom rejecting “their hand” in marriage when they eventually sought for it. Years later remarried legally, had a child, turned south and legally divorced. In the box where they ask for how many marriages have you had, I clearly put 2.
 

In the RFE they had no issues with my divorce but stated I mentioned 2 marriages but was not forthcoming with my “1st marriage “ which is in my 2011 visiting visa.

Hmmm, if I said 2 right from the beginning, is that not mentioning?

Also, since the so called “1st marriage “ was never “legal” (in my country and as recognized on USCIS site there are 3 types of marriages that are recognized), I obviously cannot submit any “legal termination “ evidence. Do you think my personal statement on  circumstances surrounding this will suffice?