Decision can't be made and they want a sworn statement

[Mal86 0]

Married wife in ‘01 . Filed for i751 ’01, which was still pending when she admitted to an affair that produced our 3 month old daughter (I didn't believe here and ordered a paternity test to prove it, and she was right ). I was devastated and heartbroken, as I never suspected a thing in our 5 year marriage. I applied for divorce immediately in 09 ‘05 with i751 pending. I remarried a US citizen in 05 ‘06. We have 2 girls and are still married now. At the advice of a bad lawyer, in 2005 I stayed quiet about the divorce to see if the i751 would go through, since the lawyer told me that I'd have to wait another 2 years to get the i751 approved with new marriage ( I'm an idiot. I know ) Sure enough, it didn’t pass. In 03 ‘07 I left the US (voluntary departure) because they wouldn't renew my GC that was set to expire in a month and the letter mentioned that “no appeal lies from this decision." I literally packed my bags, dropped out of college mid-semester, and moved back overseas within a week. My wife (still now), was pregnant 6 months then and followed me overseas and had our first child there, since we didn't want to risk my not attending the delivery even if we had chosen to appeal. In 6 ‘07 got a letter overseas from the USCIS stating they want evidence of i485 with new wife. I didnt know my case was open! It was bad timing and I just signed a contract with big company and my wife was only 10 days from delivering out child, so naturally, I just ignored the message. In 09/2008, after work contract finished overseas, we filed for an i130 at the US embassy, and it was OK’d amazingly fast. and within a month I was back in the US with a 10 yr unconditional GC. In 07 2011, three months short of 3 years continuous residence in the US, I applied for n400. After interview, which was a week ago, the IO stated that a “decision cant be made” and they are calling me in for a “sworn statement" for some reason ( I have no idea what they want me to swear about!) I'm worried as I don't know what they might have against me or what's going on! Anyone been through something similar and can give me some hope?

[jkelly07 120]

for the n-400 citizenship interview thats normal to swear you in first, before your asked any questions, every one goes through the same thing at the interview,don't lie. if you do and get cough you wont get your citizenship,

[I AM NOT THAT GUY 5,715]

Married wife in ‘01 . Filed for i751 ’01, which was still pending when she admitted to an affair that produced our 3 month old daughter (I didn't believe here and ordered a paternity test to prove it, and she was right ). I was devastated and heartbroken, as I never suspected a thing in our 5 year marriage. I applied for divorce immediately in 09 ‘05 with i751 pending. I remarried a US citizen in 05 ‘06. We have 2 girls and are still married now. At the advice of a bad lawyer, in 2005 I stayed quiet about the divorce to see if the i751 would go through, since the lawyer told me that I'd have to wait another 2 years to get the i751 approved with new marriage ( I'm an idiot. I know ) Sure enough, it didn’t pass. In 03 ‘07 I left the US (voluntary departure) because they wouldn't renew my GC that was set to expire in a month and the letter mentioned that “no appeal lies from this decision." I literally packed my bags, dropped out of college mid-semester, and moved back overseas within a week. My wife (still now), was pregnant 6 months then and followed me overseas and had our first child there, since we didn't want to risk my not attending the delivery even if we had chosen to appeal. In 6 ‘07 got a letter overseas from the USCIS stating they want evidence of i485 with new wife. I didnt know my case was open! It was bad timing and I just signed a contract with big company and my wife was only 10 days from delivering out child, so naturally, I just ignored the message. In 09/2008, after work contract finished overseas, we filed for an i130 at the US embassy, and it was OK’d amazingly fast. and within a month I was back in the US with a 10 yr unconditional GC. In 07 2011, three months short of 3 years continuous residence in the US, I applied for n400. After interview, which was a week ago, the IO stated that a “decision cant be made” and they are calling me in for a “sworn statement" for some reason ( I have no idea what they want me to swear about!) I'm worried as I don't know what they might have against me or what's going on! Anyone been through something similar and can give me some hope?

http://www.uscis.gov/ilink/docView/AFM/DATAOBJECTS/I_263B.PDF

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-2449/0-0-0-2734.html

Get a lawyer.

Edited December 19, 2011 by Crusty Old Perv

[dolphin1 5]

for the n-400 citizenship interview thats normal to swear you in first, before your asked any questions, every one goes through the same thing at the interview,don't lie. if you do and get cough you wont get your citizenship,

He has already had an interview.

[Shakil 4]

He has already had an interview.

Nonetheless, crusty is right.. get a lawyer! He had to inform USCIS about the divorce since his I-751 was not adjudicated and was not granted unconditional residency in the US until he left and got the visa through the embassy and came back and got 10yr card. Technically, he maybe out of status for that period which would create a lot of problems for him. Its better for the OP to get an experienced lawyer and take the attorney with him at the interview or sworn statement proceedings.

[Brother Hesekiel 2,235]

Short version (I'm on a tiny netbook): I would imagine that they had a close look at your entire A file dating back to 2001. They specifically may have questions about your previous RoC.

[Shakil 4]

There you go.. Brother summed it up pretty good from his tiny netbook that is

[meika 1]

I really want to know though is it a problem for u to be divorced n apply for citizenship? I see a lot of people aving this problem? Nd I'm in the same boat

[I AM NOT THAT GUY 5,715]

I really want to know though is it a problem for u to be divorced n apply for citizenship? I see a lot of people aving this problem? Nd I'm in the same boat

Nope. You just have to wait five years instead of three. If there is any question about your file, it may be prudent to wait the five years when the level of proof required is much less.

[Miss smarty pants 84]

Personally.....i wouldnt worry until you know what they need. There may or may not be a problem. Either way, they will let you know. That would be the time to address it.

[I AM NOT THAT GUY 5,715]

Personally.....i wouldnt worry until you know what they need. There may or may not be a problem. Either way, they will let you know. That would be the time to address it.

Looking at the form, it appears he won't find out until they are ready to take his sworn statement, just before they read him his rights. I wouldn't go in cold, and he needs the services of a qualified attorney beforehand. If it was me, I would be asking everyone I could, "Who is the go to lawyer for this kind of case?"

[Mal86 0]

Thanks everyone for your replies. Yeah. That's what I keep hearing-- just get a lawyer. But I'm just wondering if it's even necessary.

I forgot to mention: EVEN the IO at the i751 interview in 2007 told me that I could leave the country and reapply with my current wife and just start the whole process over. That's why I was so surprised when I received the letter overseas asking about the i485.

Also, wouldn't they have had my name on record when my current wife applied for my i130 and known if there was a problem? Like I said, they gave me a visa incredibly fast along with an unexpected 10 year GC. I'm also using the same A# as I did when I first entered the country. If there were any questions or doubts about my case, wouldn't I have been asked about it (I was interviewed at the embassy prior to coming back to the US). I'm just confused right now and waiting for Thursday. I'll let you all know what's happens then.

[Mal86 0]

Hi everyone. I went in for my sworn statement today and I was completely OFF. I posted a new topic about what happened here http://www.visajourney.com/forums/topic/343756-possible-n400-denial-for-misinforming-under-oath-about-applying-for-work-at-federal-agency-9-years-ago/

[meika 1]

Ok he is going for interview tomorrow! Hope all goes well then