N-400 application denied

[RoyNawal 0]

Hello VJ members,

We have just got a letter from USCIS denying our application because we failed to provide requested evidence. We had an interview on march 2, 2010 in Fairfax Virginia: the test was easy and everything went smoothly until the officer asked my husband to provide his job contract that is valid for at least one year from the interview date, since we are applying under 319(b) section. we couldn't provide it then because we had to wait until October to get a new one. So the guy told us that he is going to wait as much as he can before sending the I-797 form.

The question now is what is the appropriate fee to reopen or reconsider our case? do we need a lowyer? because we didn't get the I-797 form , they went straight ahead and took the decision!!

thank you for you help!

[newlyweds 0]

I'm sorry to hear about what happened.. I am filing under 319(b) too but military. Hopefully someone here can help provide you with more information what you guys should do next

[milimelo 4,413]

Hello VJ members,

We have just got a letter from USCIS denying our application because we failed to provide requested evidence. We had an interview on march 2, 2010 in Fairfax Virginia: the test was easy and everything went smoothly until the officer asked my husband to provide his job contract that is valid for at least one year from the interview date, since we are applying under 319(b) section. we couldn't provide it then because we had to wait until October to get a new one. So the guy told us that he is going to wait as much as he can before sending the I-797 form.

The question now is what is the appropriate fee to reopen or reconsider our case? do we need a lowyer? because we didn't get the I-797 form , they went straight ahead and took the decision!!

thank you for you help!

And in 6 months you couldn't have provided the proof - sorry, they won't approve it without the requested evidence which you failed to submit.

Reapply and this time send the proof asked for. Re-opening will cost you more in money and time.

[RoyNawal 0]

And in 6 months you couldn't have provided the proof - sorry, they won't approve it without the requested evidence which you failed to submit.

Reapply and this time send the proof asked for. Re-opening will cost you more in money and time.

we actually didn't do it in purpose, we were just waiting for the I-797 form that request the evidence we have to provide, but we didn't get it.

we believed the guy when he told us that he was going to wait as much as he can to send the letter!! besides i don't understand why they waited 4 months after the expiration date to send this letter informing us that our application was denied?!

[NickD 202]

I know the 319(b) section provides certain privileges not granted to normal N-400 applicants, like separation of the spouses, extended stays outside of the USA, certainly no exemptions from paying taxes provided you meet certain USCIS guidelines like even being an employee of the USCIS or other governmental types of jobs.

Are you saying you didn't provide proof of the approved means of employment? You already have some kind of a contract for that approved type of employment but weren't able to provide it? Not even a W-2, pay stubs, or even a letter of confirmation from that approved employer? Then you go on to say waiting for a new contract, but what does that have to do with the past history? USCIS is interested in your residence and living with your spouse for the previous history, not something that is going to happen in the future.

Afraid that I just don't understand your post.

[milimelo 4,413]

I know the 319(b) section provides certain privileges not granted to normal N-400 applicants, like separation of the spouses, extended stays outside of the USA, certainly no exemptions from paying taxes provided you meet certain USCIS guidelines like even being an employee of the USCIS or other governmental types of jobs.

Are you saying you didn't provide proof of the approved means of employment? You already have some kind of a contract for that approved type of employment but weren't able to provide it? Not even a W-2, pay stubs, or even a letter of confirmation from that approved employer? Then you go on to say waiting for a new contract, but what does that have to do with the past history? USCIS is interested in your residence and living with your spouse for the previous history, not something that is going to happen in the future.

Afraid that I just don't understand your post.

Actually, 319(b) requires proof that the USC spouse will be working overseas for an American company for at least 12 months in order to grant expedited citizenship to LPR. For this reason, employment contract or government orderds (for military) is required. Failure to provide this evidence gets the application rejected.

OP, if no RFE came in a month, I would've made an infopass to try to speak with the same IO - if you were overseas, I understand this may not have been possible.