Family

Oh , Wise and Censor -ious Being…I humbly point out OP don’t wanna WOM no mo..just a bit of pesky NOIT ( correct spelling ) on this thread.

…Many men go fishing all of their lives without knowing that it is not fish they are after.” – Henry David Thoreau Some women don’t always throw fish back into the sea…ask Melania, Hillary, Jackie .et all OP lawyered up ..so current fire is failure to respond, a sure shot I-290B

Did a refresher and found post. Tagging @Villanelle … ( side note , I miss reading her posts.)

Criminal record (“DV” charge and jail from a gf OP had after marrying), infidelity, no one home during home visits, accusations of forged documents, going to school on a B visa, living separately at times Ouch…then I would guess the attorney argued true love survived…. maybe even sprinkled Elizabeth Taylor and Richard Burton anecdotes 😂…

Oops…I missed there is a criminal record…?

Even if address was correct and FedEx delivered it to the right place, it may have been lost in their mail processing..it happens. ..and it’s grounds for I-290 B. Only decision is if you want to spend $$ on N-336 or wait to see if the ultimate decision on I-751 ( after I-290 B)

With the I-751 denied for failure to respond, it means they have not weighed the value of the response / evidence . Assuming there was no mistake on mailing address , it’s a guaranteed approval of the I-290 B to get I-751 back on track . Granted they don’t believe OPs marriage is real and really took apart everything … To salvage the N-400 , one would need to file N-336 now . Curious on what attorney strategy will be.

The denial states it’s for failure to respond..but OP says he hired an attorney to prepare NOID and apparently FedEx it on time.

Your wife did not have a prior petition filed for her so you answered correctly. She was a derivative ( now aged out) on her Father’s . She answers NO and does nothing…

Please do not throw tomatoes at me …but if I was looking at a 500 /6 lbs I-751 and a 100 pg N-400..I would dodge my work ethics 😂 and pass it on /by. On a serious note, OP keep venting, we are all cheering for you

A couple of open ended questions about the marriage through which LPR status was obtained are standard, the proposal question is actually in the Officer training manual. Asked in a casual non confrontational manner..they go almost unnoticed . I find it interesting they offered withdrawal..clears up pending cases, not that it helps OP if he decides to re apply.

I don't think anyone said he did claim to be a USC. The response was framed that if he in fact did, this would not be forgiven during a subsequent AOS processing. OP , please review ANY editions throughout the years of the I-9 , the section that required a response to status. IF he had marked anything other than USC , he would have been required to provide I-551 LPR or EAD . Ir is a reality and a paper trail for everything from employment to secured /unsecured credit. Just as true as the fact that courts held I-9 DO count as false claim BUT not pursued by USCIS at AOS stage . Dangerous only if in removal AND they really pull out the stops.

Only if below and only if issue is litigated ..( outside of family court). Did your spouse pass the I-751 stage ? How close is she to Naturalization under 5 year rule? Is there a way you can incentivize her to Natz?

I admit I was sympathetic at first since I always forget passwords …sometimes my age if convenient 😂 But I cannot imagine a valid reason for using a random DOB.

In all reality you can DIY an I-290 B and get a pretty fast response..new qualifying evidence does not come with a burden of begging for discretion nor does it mean it will only work if USCS made an error ( a legend of the web) . The decision is yours , hopefully you avail yourself of the remedy…just don’t give in to super worries..you will be fine ..