N-400 Dilemma and RFE Issues!

[gmail.com 0]

I was married to USC on April 2008 and was granted a Conditional green card on November 2008. My USC wife got pregnant and we had a baby in May 2009. I found out the baby was not mine during the time of delivery and we had the biological father singed the paternity. After some emotions break down and guilt feelings we choose to live together and happily live thereafter. Later that year (2010) we decided to file for ROC and we listed the new born as our children. It got approved, though we didn't send our children Birth certificate. The documents we send were two years IRS tax transcript (2008, 2009), joint bank statement, lease, utility bills, and other stuff.

Last year (2011 February) we had some financials issues and my wife choose to file her taxes on her own; she was misguided that if she filed head of household, she would get more return rather than filing Married filing separate. She at that time did not know who files the head of household and I never bothered to look at her tax papers. I however, filed married filing separate.

I Filed N-400 based on three years of marriage to USC, which we are still living in a good marital union, so does my step children. I had my interview last week. I passed History and English test. When it came down to children part, I said we had children born out of our marriage. She made me sign my picture and form and asked if everything looks ok on the paper and also said this is going to be on your naturalization certificate and handed me a paper saying, decision could not be made yet and I passed history and English test.

I got RFE two days ago, asking for Birth certificate of our children and my US Spouse last year Tax return transcript (head of household one). We amended her last year tax return to married filing Jointly from head of household last week ( we are getting tax refund and not due) and we filed our this year taxes for 2011 as well.

So I already sent the response to the RFE, Birth certificate of our children ( Paternity not signed by me) and amended tax return 2010 (IRS stamped shown as received) as well this year tax showing Married filing jointly and send out her recent medical bills of $5000 under my name from my employer.

Now I am wondering. What are the chances that my petition be approved? If it gets decline under what ground would it be decline and what’s my next step is going to be? IO was not very happy during the interview, however he said there is oath ceremony next month. Is that a good sign or it’s a normal procedure to let applicant know abt the oath?

Sorry for the long question.

[NotBonJovi 6]

gmail.com - There are people more experienced in this forum and can answer your concern better. However, it looks like you did everything right from your side, including accepting the child that is not biologically yours. Btw, do you have children of your own through your wife?

My hunch tell me that you might get approved. Do wait and keep your fingers crossed. Please update if your status changes or you get email/text from USCIS. Hang in there, you seem to be at the final stretch.

[Kajikit 65]

If they refuse you, you just sit tight and wait another couple of years and file again on your own after you've had your green card for five years.

[Gary and Alla 3,694]

If they refuse you, you just sit tight and wait another couple of years and file again on your own after you've had your green card for five years.

This is true. Worst case actually.

How can YOU file "married filing separate" and your wife file "married filing jointly" Did you both amend your returns?

You have done all that you can, you cannot change the past so go with what you have and hope for the best. No, no one here can tell you what USCIS will decide.

Edited February 18, 2012 by Gary and Alla

[gmail.com 0]

gmail.com - There are people more experienced in this forum and can answer your concern better. However, it looks like you did everything right from your side, including accepting the child that is not biologically yours. Btw, do you have children of your own through your wife?

My hunch tell me that you might get approved. Do wait and keep your fingers crossed. Please update if your status changes or you get email/text from USCIS. Hang in there, you seem to be at the final stretch.

We do not have children from our own. She is my only children that we have. I will sure update, once i get response from USCIS.

[gmail.com 0]

If they refuse you, you just sit tight and wait another couple of years and file again on your own after you've had your green card for five years.

I am not worried about denial, what i am worried is my lawyer, he said USCIS may charge me for Sham marriage. And by the way we been married for almost 4 years and we are still together. Its been really hard times for me. first, my wife health is really deteriorating, and second,medical bills piling up at the same time, i am going through this allegation.

[gmail.com 0]

This is true. Worst case actually.

How can YOU file "married filing separate" and your wife file "married filing jointly" Did you both amend your returns?

You have done all that you can, you cannot change the past so go with what you have and hope for the best. No, no one here can tell you what USCIS will decide.

Yes, We both amended our taxes and we are getting some refund back. The list of documents i sent are as fallow.

1. Lease together from the past three years
   
2. Recent joint bank statements
   
3. Electricity bills on both our names
   
4. Car Insurance showing both of our names
   
5. she listed as beneficiary (100%) and dependent in the company i work for.
   
6. She listed as spouse under health insurance from my company
   
7. Her Medical bills under my name from my employer.
   
8. 2008, 20009 tax transcript filed as married filing jointly
   
9. 2010 tax NOW amended as "married filing jointly" and IRS Stamped showing as received.
   
10. 2011 tax papers married "filling jointly" which we recently filed
    
11. Apartment renter's insurance under both of our names
    
12. And other more documents
    

If i denied, Under what ground would i be denied, I didnt lie nor anything. never arrested nor criminal charges against me. I am really worried.

[ConcordUser 18]

Yes, We both amended our taxes and we are getting some refund back. The list of documents i sent are as fallow.

1. Lease together from the past three years
   
2. Recent joint bank statements
   
3. Electricity bills on both our names
   
4. Car Insurance showing both of our names
   
5. she listed as beneficiary (100%) and dependent in the company i work for.
   
6. She listed as spouse under health insurance from my company
   
7. Her Medical bills under my name from my employer.
   
8. 2008, 20009 tax transcript filed as married filing jointly
   
9. 2010 tax NOW amended as "married filing jointly" and IRS Stamped showing as received.
   
10. 2011 tax papers married "filling jointly" which we recently filed
    
11. Apartment renter's insurance under both of our names
    
12. And other more documents
    

If i denied, Under what ground would i be denied, I didnt lie nor anything. never arrested nor criminal charges against me. I am really worried.

Good Luck to you. Hope every thing works out for you.

[gmail.com 0]

Good Luck to you. Hope every thing works out for you.

Thank you. I really need some good luck.

[gmail.com 0]

Online status is still showing request for evidence, I had submitted my RFE response for over a week(fedex confirmed that) yet Online status has not changed ever since. Is that a normal process? i read that once they receive RFE, online statues changes to Request for evidence received and in process.

Does anyone how long does it takes to change the status?

[Jupiter07 12]

Online status is still showing request for evidence, I had submitted my RFE response for over a week(fedex confirmed that) yet Online status has not changed ever since. Is that a normal process? i read that once they receive RFE, online statues changes to Request for evidence received and in process.

Does anyone how long does it takes to change the status?

I don't think "receive" to USCIS means "delivered". I would give them at least 2 weeks if am worried, 30 days if am not cos that's their standard time of waiting before you call. Or hey, it won't do you any harm to even call them tomorrow...