When options if N400 based on marriage is denied?

[Apio 0]

Hi Everyone,

A friend has filed for citizenship based on a four marriage to a USC. He wants to know what options are there for someone whose N400 application is denied on insufficient evidence of marriage being bona fide.

Since I did not have an answer I want to get your input on that.

[Lansbury 19]

They wait until they have been a LPR for 5 years meet all the required qualifications and apply again using that criteria I guess.

[NickD 202]

Sure didn't ask us if we shared the same bed, good to share the expenses of your dwelling, and sit down and file your income taxes together, and also to share the same address, bank accounts, insurance, and vehicle joint ownership. Having a baby sure helps with it's birth certificate, if you applied for the I-751, pretty much the same thing.

[Brother Hesekiel 2,235]

The applicant does not have to prove (anymore) that the marriage is bona fide. Thus very little documents are actually requested. All that he has to prove is that they are still married and cohabiting. If they do, there's no reason a N-400 application would be denied on that base.

[NickD 202]

Hi Everyone,

A friend has filed for citizenship based on a four marriage to a USC. He wants to know what options are there for someone whose N400 application is denied on insufficient evidence of marriage being bona fide.

Since I did not have an answer I want to get your input on that.

Really, insufficient data, computer does not compute, marriage for four years is short of five year, but how long as a LPR? Has to be an LPR for five years to use the conventional non-marriage application. OP should specify whether applying for the three year marriage privilege or the standard five year in regards to what evidence is required.

[lucyrich 20]

The applicant does not have to prove (anymore) that the marriage is bona fide. Thus very little documents are actually requested. All that he has to prove is that they are still married and cohabiting. If they do, there's no reason a N-400 application would be denied on that base.

Sort of right, but there's more to it. In immigration matters, the applicant always has the burden of proving eligibility, and the standard of proof is "via a preponderance of the evidence", that is, more evidence supporting a bona fide marriage than evidence indicating a sham marriage. At N-400 time, the marriage has already been judged to be bona fide, probably two or three times (visa time, AOS time, I-751 time). So there's already a pile of evidence supporting the bona fide marriage, and little to no evidence against it. So normally, nothing more needs to be done. The preponderance of the evidence already indicates a bona fide marriage and that matter is normally already settled.

However, if, at N-400 time, some new evidence somehow enters the record that would indicate the marriage was a sham, then that can be a serious problem. They officers may follow up and investigate. If they conclude that the marriage was not bona fide, then not only is the naturalization in jeopardy, but the green card is, too. The alien can lose the green card and be deported, probably with a finding of misrepresentation on his record that would lead to a permanent ban. That won't happen easily -- it'll have to be much more than just one officer's hunch to reverse the decision that's already been made a few times saying that the marriage was bona fide. There would be some extensive legal processing involved, and if it looks like things are starting to head down this path, you need a good attorney.

Anyway, that makes me wonder about the original question. Is this a hypothetical question? It's not at all common for the bona fide nature of the marriage to come up at N-400 time, though I vaguely remember someone reporting some issues in this area here on VJ several years ago. Anyway, I can't imagine that the N-400 would be denied on this ground without ALSO causing serious issues around the green card, deportation, and a misrepresentation finding. If that's what's happening, you need serious help, not just from VJ.

[Apio 0]

Really, insufficient data, computer does not compute, marriage for four years is short of five year, but how long as a LPR? Has to be an LPR for five years to use the conventional non-marriage application. OP should specify whether applying for the three year marriage privilege or the standard five year in regards to what evidence is required.

married for seven years and LPR for four years, will be five in september 2010.

[NickD 202]

married for seven years and LPR for four years, will be five in september 2010.

Could have gathered all that marriage evidence stuff and applied last year, or just skipped that phase and apply next year. Since my wife had her ten year green card and a fresh foreign passport, we could have waited another couple of years and skipped all that marriage proof stuff, but wanted to end our relationship with the USCIS so debated that option for about two seconds.

Since we already agreed to share our lives together, was no problem for us to add my toaster and other stuff to that list. I considered her more important to me than my toaster.

[meredith pa 0]

Hi guys

sorry to jump in...

are you saying that a couple can wait a couple of years so

the Immigrant can just file for citizenship based on Residence instead of marriage?

Meredith

Could have gathered all that marriage evidence stuff and applied last year, or just skipped that phase and apply next year. Since my wife had her ten year green card and a fresh foreign passport, we could have waited another couple of years and skipped all that marriage proof stuff, but wanted to end our relationship with the USCIS so debated that option for about two seconds.

Since we already agreed to share our lives together, was no problem for us to add my toaster and other stuff to that list. I considered her more important to me than my toaster.

[Brother Hesekiel 2,235]

Earliest one can become a USC =

green card issue date + 5 years

Optional:

If still married to same spouse and living together =

green card issue date + 3 years

In both cases the application can be mailed in up to 90 days earlier.

[NickD 202]

Hi guys

sorry to jump in...

are you saying that a couple can wait a couple of years so

the Immigrant can just file for citizenship based on Residence instead of marriage?

Meredith

If you applied for the removal of conditions with the I-751 and received that one year extension notice, you not only know you are in for a long wait, but find yourself proving to your service center you are in a bona-fide marriage at the same time you are trying to prove an IO at your local field office, the same exact thing! When compiling the evidence for the N-400, occurred to us that a year has passed since we sent in the I-751 so made even more copies of the latest evidence and forwarded that to our service center. If not for any other reason, just to let them know we were still alive.

So in one sense of the word, since you are gathering all this evidence, may as well kill two birds with one stone and apply for the three year marriage privilege for USC and get it over with. But that is your choice, but if your marriage ends with death or a divorce, won't have any choice but to wait the full five years. Or you don't have to apply at all and can just stay here with a green card, but that's only good for ten years. By waiting the full five years, you don't have to prove that you are in a bona-fide marriage, but have to prove everything else like your stay in this country and that you are paying taxes.