N-400 2008 October Filers

[T and M 1]

It sounds to me like the physical presence/residence and the marital union could be two separate things and it only waives one of the two requirements (the residence part). But I'm not a lawyer and I think in this case it's a good thing to have a pro representing your case.

That's the exact issue the IO brought up and I did my best in my non-legal background to explain that it's really left to interpretation. Our attorney thinks she found something better though so I'll let you know what that is if and/or when it works.

Please do keep us updated. Will be interested to know what this "something better" is, as we are in a very similar situation. The IO sounds like a very nice and fair person, so hopefully you (or your lawyer) will be able to show, through the INA and the CFR that this is not open to interpretation, but that indeed there is no requirement that one be married for 3 years to apply for citizenship in the normal case (316) or in your case (319b). You are not applying under 319a or 319d, so you should be fine. Hopefully this will not take too much longer, but when you have a chance, I think it would be helpful for all of us to know exactly what this process is. Are they simply holding your application, without making a determination "yes" or "no," until you have a chance to look into this with the lawyer?

By the way, which district office are you going through? Please say its not Atlanta.

[mnbinth 2]

I keep my fingers crossed. I think Thomas&Milena is right and 319(a) and 319(B) are two separate items.

I wish I would have had time to read through it and make a case during the interview. I admit I wasn't thinking straight because everything happened so fast and we were caught off guard. I did find one thing amusing... or maybe it was disturbing. The immigration officer told us we would now need to apply for a re-entry permit so that my wife doesn't lose her green card. When I asked how to do it, the immigration officer GOOGLED how to do it. I'm not kidding. The officer was very pleasant to speak with, but I found it disturbing that the person who makes the final decision of something so important has to go to Google to find answers for a basic immigration question.

[T and M 1]

I keep my fingers crossed. I think Thomas&Milena is right and 319(a) and 319(B) are two separate items.

I wish I would have had time to read through it and make a case during the interview. I admit I wasn't thinking straight because everything happened so fast and we were caught off guard. I did find one thing amusing... or maybe it was disturbing. The immigration officer told us we would now need to apply for a re-entry permit so that my wife doesn't lose her green card. When I asked how to do it, the immigration officer GOOGLED how to do it. I'm not kidding. The officer was very pleasant to speak with, but I found it disturbing that the person who makes the final decision of something so important has to go to Google to find answers for a basic immigration question.

Definitely sounds like a case of a new, young officer who is not too sure of himself. If he had been sure of himself he would have denied you right away!

And don't feel bad!!!! I read this stuff thousands of times before we applied last October and was 100% sure. But your experience and stella's question made me freak out! I had to sit down and read over EVERYTHING last night before I was calm again, and almost had to give my wife some bad news. But it looks like all is fine, and we will all hopefully be approved!!!! Eventually...

[mnbinth 2]

Update: Our attorney spoke with the immigration officer this morning. The IO says that 319b waives 3 years of residency but does not waive 3 years of marriage. Our attorney gets to present her case to the director of the local office and he's going to make the final decision. I don't know when that will be. The IO is fairly new and she says this is her first 319 case so hopefully the director knows his stuff.

[Stella08 0]

Update: Our attorney spoke with the immigration officer this morning. The IO says that 319b waives 3 years of residency but does not waive 3 years of marriage. Our attorney gets to present her case to the director of the local office and he's going to make the final decision. I don't know when that will be. The IO is fairly new and she says this is her first 319 case so hopefully the director knows his stuff.

Oh man, I'm sorry to hear that. But at least you get a chance to represent your case to the director. I'll keep my fingers crossed.

[T and M 1]

Update: Our attorney spoke with the immigration officer this morning. The IO says that 319b waives 3 years of residency but does not waive 3 years of marriage. Our attorney gets to present her case to the director of the local office and he's going to make the final decision. I don't know when that will be. The IO is fairly new and she says this is her first 319 case so hopefully the director knows his stuff.

Thanks for the update. Sorry this wasn't solved quicker. Keep us posted on the appeal. And seriously, fight hard, b/c many people have been approved under 319b with no minimum time on their marriage. As we have pointed out on this board, 319b does not have a married time limit. Only 319a and 319d applications.

Good luck. And keep positive. I am confident this will get sorted out as soon as you have the chance to deal with someone a bit more experienced that your IO.

[tyme 0]

I received my interview letter today.Please update my info on the list.

The interview will be in Durham,NC on March 9th.

I am relieved and will start studying..

Thanks!

[Stella08 0]

I received my interview letter today.Please update my info on the list.

The interview will be in Durham,NC on March 9th.

I am relieved and will start studying..

Thanks!

Congratulations on the interview letter!

Good luck!

[T and M 1]

UserName........ Sent...........NOA1.......Biometrics....Int letter rec.....Interview.....Oath.........Office

kaino.......................................................12/31/08.........2/09/09

pdxBoof.........09/29/08......10/13/08......11/07/08........12/07/08.........1/27/09..................NSC/Portland

mnbinth.........08/28/08......10/29/08......11/20/08........12/09/08.........1/15/09.....1/15/09......NSC/Des Moines

Ze Maria........10/07/08......10/25/08......11/21/08........12/08/08.........1/29/09..................VSC/Baltimore

Chelsea.........10/07/08......10/22/08......11/28/08........12/08/08.........1/26/09..................TSC

Avvypudge.......10/10/08......10/30/08......11/21/08........1/2/09...........2/18/09..................VSC/Newark

bgbirl..........10/10/08......10/20/08......11/13/08..................................................CSC (NBC transfer)/

thea............10/11/08......10/24/08......11/28/08........01/07/09.........02/03/09.................VSC (NBC transfer)/Washington DC

stiglet.........10/14/08......10/30/08......11/19/08........11/28/08.........12/29/08.................VSC/Manchester

TX101...........10/15/08......10/24/08......11/03/08..................................................TSC/Texas

AJ .............10/15/08......10/30/08......12/09/08........12/27/08.........2/18/09..................VSC (Newark/NBC transfer)

zhz.............10/17/08......10/31/08......11/21/08........12/26/08.........2/09/09..................TSC/Atlanta

tyme............10/20/08......11/03/08......xx/xx/xx.........1/25/09.........3/9/09...................TSC/Charlotte/Durham

ikinNJ..........10/21/08......10/31/08................................................................VSC (NBC transfer)

Dima............10/23/08......11/07/08......11/21/08........12/17/08.........1/29/09..................NSC/Indianapolis

T and..M........10/23/08......11/03/08......xx/xx/08........12/26/08.........2/12/09..................TSC (NBC transfer)/Atlanta

tmman...........10/23/08......11/12/08......11/29/08..................................................TSC/Memphis

drs.............10/23/08......11/07/08......11/20/08........12/27/08.........2/09/09..................NSC/Cincinnati

kokobearus......10/27/08......11/01/08......12/03/08........12/27/08.........2/18/09..................VSC/Baltimore

oldahmed........10/27/08......10/31/08......12/06/08........01/10/09.........02/04/09.................VSC/Washington DC

Virginian.......10/31/08......11/04/08......11/28/08..................................................VSC/Norfolk

Edited January 25, 2009 by Thomas and Milena

[tyme 0]

Oh Thank you!Thank you!My FP expires March 12,3 days after my interview...

Any news mnbinth?

[mnbinth 2]

Oh Thank you!Thank you!My FP expires March 12,3 days after my interview...

Any news mnbinth?

Not yet. The director of the Des Moines local office got our 55 page appeal on her desk Friday morning. We don't know when she'll choose to look at it and make a ruling. We're supposed to leave the country in 2 weeks so it had better be soon. Under section 319 you're required to bring proof of travel to the interview so they know exactly when we leave. Our Senator's office said they'll call her everyday for updates until it's done. I guess we'll have to drive to Chicago to get a passport if my wife is approved. There's another $400 for travel on top of legal fees. *sigh* I sold my car, a video camera, and guitar set to pay for this so it had better work.

I hope for everyone's sake that President Obama makes some progress on his immigration agenda to "Fix the dysfunctional immigration bureaucracy and increase the number of legal immigrants to keep families together."

[T and M 1]

Oh Thank you!Thank you!My FP expires March 12,3 days after my interview...

Any news mnbinth?

Not yet. The director of the Des Moines local office got our 55 page appeal on her desk Friday morning. We don't know when she'll choose to look at it and make a ruling. We're supposed to leave the country in 2 weeks so it had better be soon. Under section 319 you're required to bring proof of travel to the interview so they know exactly when we leave. Our Senator's office said they'll call her everyday for updates until it's done. I guess we'll have to drive to Chicago to get a passport if my wife is approved. There's another $400 for travel on top of legal fees. *sigh* I sold my car, a video camera, and guitar set to pay for this so it had better work.

I hope for everyone's sake that President Obama makes some progress on his immigration agenda to "Fix the dysfunctional immigration bureaucracy and increase the number of legal immigrants to keep families together."

Ditto man.

[tyme 0]

mnbinth,

Sorry you guys have to go thru this extra extra hassles,spending more money and all the emotional toll it takes on one.Hopefully it'd be over soon.

[bggirl 0]

mnbinth,

sorry for all the trouble you are going through! I was honestly convinced that there would be a happy ending for your experience a lot sooner! I still believe that but the USCIS is soooooooo slow and disappointing! Good luck and let us know when there is a development!

[mnbinth 2]

mnbinth,

sorry for all the trouble you are going through! I was honestly convinced that there would be a happy ending for your experience a lot sooner! I still believe that but the USCIS is soooooooo slow and disappointing! Good luck and let us know when there is a development!

Thanks for the support. I'll update again soon hopefully. I'm waiting to hear from my Senator's office this afternoon.