usaeagle
-
Posts
36 -
Joined
-
Last visited
Content Type
Profiles
Forums
Partners
Immigration Wiki
Guides
Immigration Forms
Times
Gallery
Store
Blogs
Posts posted by usaeagle
-
-
Sincerely hope things work out for you. Right now it is all speculation, you will be able to have a better strategy once you have the letter.
Received letter in the mail today, it's 5 pages out of which 4 are rules and regulation. Was not expecting this for sure and surprised both of us. My wife has a child from previous marriage who is with the husband since they divorced in 2006. During the interview she was asked about the child and my wife answered her exactly how it is. The ex has the custody of her and has no obligation to pay anything for her well being. Even got a letter from the ex stating that but 1 major mistake ( i believe ) we did was not having it notarized. Below is their response for denial (sorry a bit long). Please advise / suggest what should we do next..
On August 16,2012, you obtained conditional permanent resident status through your spouse in immigrant
classification CR6(Conditional Resident Spouse of a US Citizen) and your conditions were removed on
December 03,2014. USCIS received your Form N-400 on October 19,2015, and on February 03,2016, you
appeared for an interview to determine your eligibility for naturalization.
During the interview and review of your application with an Immigration Services Officer. you testified that
the information on your Form N-.400. along with any amendments made during the naturalization interview.
and the documents submitted by you were true and correct. The record reflects that y'ou have a child who
lives overseas with your ex-husband. You stated that you sometimes send money when someone goes there
but not regularly. You stated that your ex-husband takes care of her so you do not need to send any money.
On Feburary 08. 2016. USCIS issued a Form N-14. Request for Evidence. asking you to submit evidence that
you financially support your child in order to demonstrate good moral character (GMC). This information
was due to USCIS no later than March 11 2016. On March 08.2016 you responded to the request for
evidence. You submitted a statement from you stating that you do not support your child from your previous
marriage"through any means." You stated thaty you had given "less than $500 in the last 4 years". You also
submitted a copy of a typed lefter from your ex-husband stating that he is financially responsible for your
child together. He stated that you are not obligated to support your child and that if you wish, you are free to
send monetary or physical gifts if you choose to do so. USCIS reviewed your response and found it
insufficient because the letter from your ex-husband is not notarized sworn affidavit. There is no proof that it
was actuallly him who wrote the letter. Also. the lefter does not state that you have sent money or other items
to your child. It is your obligation to provide for dependents, regardless of whether ordered by a court. Based
on your testimony and evidence, USCIS has found that you provided insufficient explanation for your failure
to support each dependent child. When asked about your failure to support your dependents, you stated you
don't need to send money because your ex-husband takes care of your child.
ln order to establish eligibility for naturalization you must demonstrate that you are a person of good moral
character during the statutory period. October 19.2010 till October 19. 2015. Unless you establish
extenuating circumstances, you will be found to lack good moral character if^ during the statutory period. you
willfully failed or refused to support your dependents. See INA 316(aX3) and l0l(f) and Title 8, Code of
Federal Regulations (8 CFR), section 3 16.l0(bX3)(i), and 316.2.
USCIS finds that you willfully failed or refused to support your dependents and that you have offered no
extenuating circumstances to warrant a departure from this finding Since you have not demonstrated that you
are a person of good moral character during the statutory period, you are ineligible for naturalization at this
time.
If you believe that you can overcome the grounds for this denial, you may submit a request for a hearing on
Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings, within 30 calendar days of
service of this decision (33 days if this decision was mailed). See 8 CFR 336.2 (a) and 103.8(b). Without a
properly filed Form N-336, this decision will become final. See INA 336.
To access Form N-336 or if you need additional information, please visit the USCIS Web site at
www.uscis.gov or call our National Customer Service Center toll free at I -800-375 -5283. You may also make
N-400 October 2015 filers
in US Citizenship Case Filing and Progress Reports
Posted
Hello,
Thank you all for your input. Ivriesling, thanks for the long information. I was not aware this is a big matter even when the child is overseas and is taken care of the father. I will be following up with the lawyer after this holiday.
Thanks much