5 minutes ago, Family said:

I linked the other thread for you here, since maybe they will be asking you for help.
 

 

Married before first entry (split) (merged)

By Jubblee,  Friday at 07:37 AM in Bringing Family Members of Permanent Residents to America 

• marrying

Sure,ready to help where i can 

2 minutes ago, Family said:

https://craig.house.gov/zip-code-lookup?form=/helping-you/casework

 

That is congresswoman’s website, it wants you to enter a zip code to get to Case Authorization Form. See how far u can get online or email/ call the office directly. 
Your husband info and put attorney name and you as additional persons authorized to get info on case. 
If possible email them a copy of the letter attorney sent to USCIS requesting NTA, ..if copy not available no problem, just say Need Help with USCIS Field Office (;where his N-400 was denied). 
 

Congresswoman office will also get your husband to sign a USCIS Authorization Form ..

ALL of this can be done by email, and you can help your husband get it done
 

Let me forward the link immediately.This is so helpful,thanks

2 minutes ago, Family said:

Tell me the city husband lives in and I will send link for Congressman office and paperwork. But maybe you can do that on your old thread . I will look out for it

Am still glad OP got a chance to hear about your case, as he is in the same position 

Thanks so much,He lives in Minnesota,inver Grove 

4 minutes ago, Family said:

I appreciate your update @June k ..but unless your lawyer is the “hand shaking “ “ go getter” that is familiar with his local Field Office and they answer his emails, I think 4 months have passed and USCIS is ignoring the request. 

Tell your husband he should tell the attorney it’s a good idea for your husband to contact the congressman and ask for help to expedite USCIS decision on NTA. He just needs to say his fathers health is very poor and he needs to fix the green card so he can bring you here to help care for his father. 
 

Congressional Liason will help get a fast response ( yes or no) to see if they will issue NTA.

 

You are among few people asking to be get an NTA , and am so glad your husband got an attorney. Did they explain the waiver? It should be the one in my link 

you are right.His dad was actually rushed to the ER today so we need them to work on this.I'll also send this message to my husband 

20 hours ago, Family said:

OP , your wife will not have to lose her LPR status because her parents are now qualifying relatives and has the waiver available…BUT only if she gets in removal proceedings…i know removal/ deportation sounds scary but in her case , it will be a good thing .

 

Print and read this info so you know exactly what you should EXPECT from the attorneys you consult …especially Example 1.

 

I hope @June k reads your post and she can shed some light on what USCIS did after denial of her husband’s N-400 , for exactly the same reasons as your wife.

 

 

( please note my earlier “ recission “ term does not apply ) 

 

 

https://www.ilrc.org/sites/default/files/resources/237a1h_waiver_advisory_nov._2019_dec._2019-final.pdf

 

Example: Dolores immigrated through a petition filed by her permanent resident mother when she was twenty-five years old (family-based second preference 2B). Later, when Dolores applied for U.S. citizenship, USCIS discovered that Dolores was in fact married at that time, and thus did not qualify to immigrate as the unmarried daughter of an LPR. Dolores is placed in removal proceedings, charged with being deportable for being inadmissible at time of admission. Assuming she has a qualifying relative, she can apply for a 237(a)(1)(H) waiver.

 

Example: Kai became a permanent resident through their marriage to a U.S. citizen. Many years later, after the marriage has dissolved and Kai applied to naturalize, USCIS determines that Kai engaged in marriage fraud, and places Kai in proceedings charged with being deportable for marriage fraud. Kai has a qualifying relative, a U.S. citizen child, so they will be able to seek a 237(a)(1)(H) waiver.
1 Previously, this waiver was found at INA § 241(f) and thus older cases refer to that section of the INA.

Thanks for this.our lawyer requested an N.T.A from uscis.. still waiting 

35 minutes ago, Missycam said:

You are trying to get US Citizenship based on your wife being a US Citizen after 3 years, but you entered the country based on your dad.  You have to wait for 5 years to file for US Citizenship.

Not really

1 minute ago, Family said:

God bless your husband for being the bone marrow donor to his dad.  

Amen.They are bound to do another one since the cancer recurred if that is the right word and this time worse than the first time,then this immigration issue comes up,what an unfortunate turn of events😭

1 minute ago, Family said:

If they do not go after ur husband’s LPR / status , then theoretically they should Approve them. 

Alright.Thank you so much for the feedback. We'll just wait then

3 minutes ago, Family said:

So there is NO appeal to the denial…it’s not that your attorney won’t help. The good news is that USCIS probably wont try and take back / rescind your green card/ LPR status …cause it’s been over 5 years and they know if they NTA , u get the Fraud Waiver …attached link 

https://www.ilrc.org/sites/default/files/resources/237a1h_waiver_advisory_nov._2019.pdf

 

So you are at a stand-off , u stay an LPR , forget N-400., just bring ur wife and kids w I-130 as LPR. 
 

will they still approve our 1-130given the conditions?we filed in January of 2021...still under active review since then

11 minutes ago, Crazy Cat said:

When a person applies for citizenship, they go back and check everything to see if the applicant properly attained LPR status. 

okay,so what options do we have now?should the dad petition for him again?(he has cancer and my husband was his bone marrow donor 😭😭😭)should we wait to be referred to an immigration court?anyone with an idea?

Just now, SteveInBostonI130 said:

What was the official reason for the denial?  What did he fill out on the N400?  Did he state he was married?

Yes,he stated he was married and that was the basis of the denial.He got married prior to admission to the states.They also granted me a b2 visa(to visit him)3years ago, maybe it didn't catch their eye then i don't know

1 minute ago, SteveInBostonI130 said:

In order for us to help or offer any useful advise, please detail your situation in a timeline format:

 

1.  Your husband's father petitioned for him as F2B?

2.  He waited 6-7 years and his I-130 was ready for processing at NVC.

3.  He submitted documents at NVC and was DQ'd.

4.  NVC assigned him a visa interview date

5.  He attended his visa interview and was verbally approved.

6.  His visa was issued and he received his passport.

7.  He travelled to the US, became a legal permanent resident.

8.  He received his greencard.

9.  He applied for his citizenship, N400.

10. He went to the citizenship interview and was denied. 

 

At which point did you two marry?  Between 6 and 7 or at a different point?

 

Yes,between 6 and 7

Just now, Crazy Cat said:

So, he entered the US under an improper visa category?  That could be seen as misrepresentation. 

Apparently yes.We didn't know we couldn't get married after the visa,we could have waited till he entered and came back.It was not willful,but we are paying for it.No one to help us.

Just now, Rocio0010 said:

Can you please be more specific? Was he a green card holder that was denied citizenship, or was he applying for residency? What type of immigrant visa was he granted?

Yes he is a green card holder and was granted a visa under an unmarried son of a u.s citizen.

Hallo!my spouse's citizenship was denied because we got married after he was granted an immigrant visa but before entry to the u.s.unfortunately An appeal is out of the question for us.How do we go about this?He was petitioned for by his u.s citizen dad.our children i are still abroad.We were hoping to join him but with this going on I don't know what to think.please help

60 days(since 03/03/2021)still under active review no approval yet

You are so lucky, we filed our I-130 Petition on 01/31/2021

Actively reviewed on 03/03/2021

Still waiting for NoA2