aposantos

So you guys always lived together? If so you have nothing to worry about. Go to the interview with your husband. You can bring a sworn & notarized statement from both of you saying that you have always lived together. A statement from friends helps too. Explain the IO that you were so nervous that you didn't understand what she was asking.

If they don't believe you they may not approve the application but I believe you can always appeal.

I am sorry that you got so nervous. I hope everything will go well at the interview!

This once more demonstrates at a cost of 680 dollars to file an N-400 application why one should entertain an attorney's presence in an interview.

The quality and experience of interviewing officers are progressively dwindling, and these bureaucracy's are progressively basing decisions on percentages and rote. People must remember these interviewing officer's are not attorneys, just taught laymen in technique ,and their primary objective is to deny a petition, not to approve a petition. A good immigration attorney present during an interview helps to promote civility. 3 people in a room are better than 2, besides a petitioners legal right much to the sojourn of USCIS) and a more even playing field for a petitioner if for nothing else at least in spirit.

The IO was very kind and called on the phone saying the supervisor denied her application, so I assume they have 120 days to send a letter to that effect. Yes she was on an I-130 July 2007, having married in 2006. Again the reasons stated were her residency would not begin until 90 days after receipt of her green card, and she did not meet the 18 month rule on physical presence.

As most people, we went by the USCIS M-476 and also referenced CFR 8 316 Statutes. Having done the research based on the previous, we calculated we met the minimum requirements and so filed her application last October. Of course having an interest in these sort of issues, I have spent many hours on the web since October, besides speaking with a couple of lawyers, particularly on residency and physical presence. What I have learned since October is USCIS uses internal memorandums not available to the public, and with those can easily reinterpret the meaning over and above what their own M-476 states, besides the intent and meaning of the Statutes. This is why all attorneys can only give general guidelines on the above, and yet never give anyone a real definitive answer on residency or physical presence requirements. Also the 6 month 12 month rules are only guidelines from USCIS's perspective though in the Statutes, and once again USCIS defines the meaning of them and not you. The excuse USCIS uses in the above, is this is just another area in their vehicle to enable them to weed out the people who just want citizenship. If the general public was aware of their internal memorandums, everyone would wait and file on the basis of not the M-476 or the 316 Statutes, but actually by USCIS's own internal guidelines. No one wants to throw away 685 USD, or wait a year to have an appeal, which after further research i found to really being wishful thinking. Once again this is why it is recommended by attorneys or even USCIS to just refile an application as you will lose on appeal, besides the expense of representation.

When I stated 90 days after conditional residency, this is what was told to my wife by the IO. Since last week I researched the 90 day rule, and most of the hits reference 90 days being in a state in order to file an N-400, so the 90 day rule (3 months)mentioned must be another internal USCIS memo. One will find a 30,60,90 day rule on the web, however i am webbed out on where i found it. I found this website which may be of interest. www.illinoislegalaid.org/UPLOADS/001688natguide.pdf Also i found another website on the web, i think with the prefix www, so www.cyrusmehta.blogspot.com/2010/07/naturalizing-in-flat-world.html

Keep smiling

Well after my post last Friday for my wife being recommended for approval by her IO on the 27th, she received a phone call Monday from her IO stating the supervisor denied the petition. He was very kind in calling, she appreciated it, however was a big letdown. Denial for 2 reasons. 1 reason- He indicated the supervisor stated after receipt of her conditional Green card, she traveled outside the States within 40 days after receiving her Green card, so in not completing her first 90 days in the States, she did not establish residency. (That she had to be in the States for 90 days before her residency would be established, and it was a CFR). 2nd reason-She did not have enough days for her physical presence and was short by 38 days.

Well my feelings for the first reason after researching-if one receives an employment Green card one should stay with their employer for 90 days or more, something called the 30/60/90 day rule. However she came on a marriage Green card and i could not find a CFR or in the INA 101(33). CFR 8 316.2 does establish requirements for residency which she meets according to it. The second reason--we sent in both her passports with all the stamps arriving in the U.S. and arriving in other visited countries, so assume they not only could see these but also confirm on their computer. Unless my wife missed a trip which i doubt,she was correct.

In any case we are waiting for a denial letter which can take up to 90 or 120 days. After researching appeals, they are costly, time consuming, basically useless, so people recommend to refile an N-400. However after already in to 700 dollars etc etc, she will just live here on her green card. (Now should I open a discussion about the 12 million illegals who are here illegally at probably 90% attaxpayers expense)

Thankyou BonnerBonner & Ja Tam.

Have a question which I just realized, as it did not to me register yesterday.

The IO did not have her sign the front of her photographs. I wonder if he forgot?? and will she have to return and sign in front of him?

On her biometrics she did the digital picture.

Thanks

By the way to Bonner & Bonner--Happy 80th Birthday to your mother!!!!

Forgot to mention-her interview lasted 30 minutes.

I am posting as my wife's writing ability is a little difficult.

She had her appointment today Thursday USCIS San Antonio at 2:30 P.M. We entered building and went through security at 2:00 P.M with no problem. The security man kept her interview letter I-797C. About 35 people were in the waiting area. At 2:07 P.M. my wife's name was called, so she went to the other end of the room where her (IO) met her. As I was in the back of the room I did not meet him. She said at the elevator met another applicant with an appointment with the same IO. Upstairs the IO had the other applicant take a seat in the hallway and took my wife first. He swore her in, asked for green card, drivers license, and passports. He then proceeded to go over every item on her N-400 application. Upon reaching the page about trips outside the U.S. he was a little taken aback when he saw her 14 trips outside the U.S. and days almost to the limit allowed. We anticipated this, so when filing the application, we copied all her passport pages in the colors of her passports, and then colored in all the applicable entry stamps (entry to the U.S. and entry to other countries) We also typed up a separate paper correlating the page numbers to trips and times, to make it a simple process for one to follow. He looked on his computer. (She thinks to verify a few of her entry stamps,) looked at her passport pages, and after a few minutes carried on. He asked for a life insurance policy, auto insurance policy, original tax transcripts, bank account, verified where we lived, and health insurance policy. He went on to the yes and no question boxes. On three of the questions he asked her to explain to him what those questions meant. (I think to make sure she was the one who filled out the application and understood the questions) He then went to the history and English test. 6 questions which she correctly answered, but she could only remember 3 to me. "2 longest rivers in the U.S.-- Mississippi & Missouri, Speaker of the House-- John Boehner, When was the Declaration of Independence adopted-- 4 July 1776. He then had her write "George Washington is the father of our country. Did not ask to her to sign photos, and said then a little small talk. had her sign the application, and gave her form N 652 with boxes indicating marked passed English and history, and

Congratulations your application has been recommended for approval. She did not ask nor did he say when she would receive her appointment letter or Naturalization date. (too excited and forgot to ask) She was then sent out in the hallway to wait until the other applicant was finished. The other applicant went in, and about 10 minutes later came out as evidently he did not have enough supporting evidence so was going to have to return for a second interview. Though we did not have to send copies of her passport with the application, I would recommend anything on an application out of the ordinary, one should include those items. The IO was very nice to her and she was very happy. s I do not know how to fill out the form would someone do this for me. This is the best website for info and made it possible for us to correctly make application. Thanks to everyone for all the good info!!.

I forgot to mention also copy the entry stamps of the country you visited, so that should do it then

Copy your passport pages, color code all the relevant stamps so the IO can readily see the U.S entry stamps and foreign country entry stamps, make sure you list all trips per the application, and send that with with your application.

Thanks for adding me to the list.

Additions to help others-

Check cashed 15 Oct

NOA 15 Oct

We did not receive a yellow letter, just the white interview letter

regards

The timelines are too confusing to enter however--

Filed N-400 13 OCT

Biometrics 5 Nov

Interview letter 29 Nov

Interview date 27 January

San Antonio office

I was surprised as I thought it might be about 90 days and not 106 days.

When one visits USCIS and case status graph pages at the national level and local offices, why has there not been any updates since 10 August?

thanks

On the application

Part 1 C.

"If you have ever used other names"

Would one enter the applicants maiden name here, as it is different than their legal name?

As the Spanish use 2 last names, would both last names be entered under "family name last name"?

Part 8 G.

If one's spouse had been married once before , and now married to the applicant,

What number would be entered in the box at G? 1 or 2

Is the date the applicant's N400 is actually received by USCIS considered the date of filing, or the date the applicants application is signed by the applicant?

The reason for the question is in meeting the "continuous presence" requirements --- it says under sec 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously within the U>S.A. at ;east 3 years etc etc.

thanks

Part 7 N400 Application

"Date you left the United States"

"Date you returned to the United States"

1. Does the date one departs the U.S. count as a day in the U.S.

2. Does the date one arrives in the U.S. count as a day in the U.S.

3. If one arrives in the U.S. and departs the U.S. in the same day, does this count as a day in the U.S?

Thanks

Thanks to all for the kind responses

aposantos

When one has completed their N400 interview, may they depart the States in the interim between the interview and the swearing in ceremony

thanks