n400 Application review after interview

[Milili78 0]

I married a US citizen in 2003, applied for my green card in 2005, removed the conditions on 2008, in between the relationship turned violent as a consequence he got arrested in 2006, got an order of protection for a year, he moved out of state for rehab, came back in 2008 came to my job, made a scene and I was forced to go to family court to request a new order of protecion since the last one got expired, I got a new order of protection which expires in 2010. We have been filing taxes separately for the last two years

I applied for my naturalization last December under the clause of been married to a US citizenship for the last 3 years.

I went for my interview last Thursday, although I went prepared, I was a nervous wreck, an asian lady came out called my name shortly after I arrived, she asked to see my green card, started asking about the properties, bank accounts or kids we have together, I replied none, asked me if I brought my taxes and if I owe money to the IRS, passed the civic and engligh test.

Then she checked our taxes and noticed that he was living out of state in 2007 I explained why, then she checked last year's taxes and noticed that I only had my transcripts filing as married filing separately and she shaked her head, I explained the situation of us not living together, she said she will have to consult with her supervisor, came back ask me if I have proove of what I said, I gave her more than one police report, court orders, etc, and filed those documents with the rest of the papers, she said they will have to review my case and that they will notify me by mail in approximately 3 weeks. She also told me not to apeal in case my application is denied and apply next year after 5 years of being a permanent resident

It is been 5 days since the interview and I am very deppressed considering the fact that I might not get it. I just want to get know the results even if they are negative.

Does anyone has gone through a similar situation??? Comments???

[Stella08 0]

Unfortunately there's nothing I can say to help. I can only imagine how frustrating this uncertainty and wait must be. I'm keeping my fingers crossed that you'll hear from USCIS soon. And hopefully with positive news.

Maybe this is helpful to you, since it specifically mentions the battered spouse requirements. If you provided sufficient proof about the abuse (which it sounds like you did), then they should approve your case:

http://www.uscis.gov/files/pressrelease/PolMem89.pdf

I just found this and I wonder if you were suppose to file this first to be classified as a battered spouse?

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

[Milili78 0]

Thanks

I guess is kind of late to file those forms now.

I'll wait and see, will keep you updated

[motu 5]

From reading your post - It seems that you two didn't live together for three years - which is a critical requirement for the 3-year rule; and then the battered spouse memo etc. doesn't matter. But why worry, wait two years and apply on your own as a five year resident. Good Luck

[lucyrich 20]

From reading your post - It seems that you two didn't live together for three years - which is a critical requirement for the 3-year rule; and then the battered spouse memo etc. doesn't matter. But why worry, wait two years and apply on your own as a five year resident. Good Luck

The "living together" requirement doesn't apply to a battered spouse. The "three years married to US Citizen" filing provision comes from INA 319(a). The complete text of INA 319(a) is:

Any person whose spouse is a citizen of the United States, or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty, may be naturalized upon compliance with all the requirements of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse (except in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse or parent), who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months.

[Milili78 0]

From reading your post - It seems that you two didn't live together for three years - which is a critical requirement for the 3-year rule; and then the battered spouse memo etc. doesn't matter. But why worry, wait two years and apply on your own as a five year resident. Good Luck

The "living together" requirement doesn't apply to a battered spouse. The "three years married to US Citizen" filing provision comes from INA 319(a). The complete text of INA 319(a) is:

Any person whose spouse is a citizen of the United States, or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty, may be naturalized upon compliance with all the requirements of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse (except in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse or parent), who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months.

Thanks for the info, it really gives me hope

God Bless

[Stella08 0]

O.k., I re-read my first link one more time. Unfortunately it seems like you were supposed to file the I-360. I'm keeping my fingers crossed that you get approved anyways.

How did you receive your greencard/file for removal-of-conditions?

http://www.uscis.gov/files/pressrelease/PolMem89.pdf

Instructions Regarding the Expanded Meaning of Section 319(a)

Public Law 106-386 amended section 319(a) of the Immigration and Nationality Act

(INA) (8 U.S.C. 1430(a)) by extending the benefit of this section of law to persons who obtained

status as a lawful permanent resident by reason of being a spouse or child who was subjected to

battering or extreme cruelty by a United States citizen. This Memorandum is issued in order to

provide guidance in the adjudication of applications filed pursuant to the expanded language.

Section 319(a) of the INA now reads:

Sec. 319. [8 U.S.C. 1430]

(a) Any person whose spouse is a citizen of the United States, or any person who

obtained status as a lawful permanent resident by reason of his or her status as a

spouse or child of a United States citizen who battered him or her or subjected him or

her to extreme cruelty (added text), may be naturalized upon compliance with all the

requirements of this title except the provisions of paragraph (1) of section 316(a) if

such person immediately preceding the date of filing his application for naturalization

has resided continuously, after being lawfully admitted for permanent residence,

within the United States for at least three years, and during the three years

immediately preceding the date of filing his application has been living in marital

Memorandum for Regional Directors Page 2

District Directors

Officers-in-Charge

Service Center Directors

Subject: Instructions Regarding the Expanded Meaning of Section 319(a)

union with the citizen spouse (except in the case of a person who has been battered or

subjected to extreme cruelty by a United States citizen spouse or parent) (added text),

who has been a United States citizen during all of such period, and has been

physically present in the United States for periods totaling at least half of that time

and has resided within the State or the district of the Service in the United States in

which the applicant filed his application for at least three months.

I. Qualified Applicants

In order to be eligible for Section 319(a) benefits as a battered spouse or as a battered

child, the applicant must have obtained lawful permanent residence status based on either an

approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant in a case in

which an abusive spouse or parent was a U.S. citizen or through cancellation of removal and

adjustment of status pursuant to INA 240A(B)(2)(A)(i)(I). If the applicant obtained lawful

permanent resident status based on an approved Form I-360 as the self-petitioning battered or

abused spouse or child of a U.S. citizen or pursuant to INA 240A(B)(2)(A)(i)(I), the special

requirements of demonstrating eligibility as a battered spouse or child pursuant to Section 319(a)

shall be considered as having been met.

Any applicant who claims eligibility for benefits under Section 319(a) of the INA as a

battered spouse or child must comply with all of the requirements of 8 C.F.R. § 319.1(a), except

clause (3).

II. Benefits Available

The amendments made to section 319(a) of the INA by Pub. L. 106-386 do not change

the usual requirements for section 319(a) applicants who acquired lawful permanent resident

status on any basis and are currently married to U. S. citizens. Any applicant who would have

been eligible to file an application under section 319(a) of the INA before it was amended is still

eligible to file under the amended law. A qualifying spouse must meet all of the general

requirements for naturalization except that the five years after lawful admission for permanent

residence requirement is reduced to three years after lawful admission for permanent residence.

Any person who obtained status as a lawful permanent resident by reason of the approval

of an I-360 based on being a spouse of a United States citizen who battered the applicant or

subjected the applicant to extreme cruelty or pursuant to INA 240A(B)(2)(A)(i)(I) is excused the

requirement of residing together with the citizen spouse. The ongoing validity or the termination

of the marriage to the U.S. citizen will not be determinative of eligibility under Section 319(a) of

a battered spouse or child. Once the applicant has established that he or she was properly

granted status as a lawful permanent resident based on an approved I-360 or pursuant to INA

240A(B)(2)(A)(i)(I), length or continuity of cohabitation with the United States citizen spouse is

not an issue in determining the applicant’s eligibility for naturalization. Also it is not required

Memorandum for Regional Directors Page 3

District Directors

Officers-in-Charge

Service Center Directors

Subject: Instructions Regarding the Expanded Meaning of Section 319(a)

that the United States citizen spouse still be alive or be a United States citizen at the time the

applicant who obtained status as a lawful permanent resident by reason of an approved I-360 or

pursuant to INA 240A(B)(2)(A)(i)(I) files an application for naturalization.

An application also can be filed under section 319(a) as amended by an applicant who

obtained lawful permanent resident status through the approval of a Form I-360 or cancellation of

removal and adjustment of status pursuant to INA 240A(B)(2)(A)(i)(I) as a child of a U.S. citizen

who battered the child or subjected the child to extreme cruelty. It is not required that the U.S.

citizen parent still be alive or be a U.S. citizen at the time the applicant files an application for

naturalization (Form N-400). Also, at the time of lawful admission for permanent residence,

whether through immigration or adjustment of status, the applicant would have to have met the

requirements of being a child of a U.S. citizen parent pursuant to section 101(B)(1) of the INA.

The applicant therefore is not required to meet the definition of child pursuant to sections

101(B)(1) or ©(1) at the time of filing the N-400.

All applicants under section 319(a) as amended are excused from the usual requirement of

residing in the United States for five years after being lawfully admitted for permanent residence

and are eligible to file an N-400 once they are within three months of completing the three years

of continuous residence after being lawfully admitted for permanent residence required by section

319(a) of the INA.

The amendments made to section 319(a) of the INA by Pub. L. 106-386 do not waive the

requirement of section 334(B) of the INA that no person shall file a valid application for

naturalization unless he shall have attained the age of eighteen years.

[Milili78 0]

O.k., I re-read my first link one more time. Unfortunately it seems like you were supposed to file the I-360-----> . I'm keeping my fingers crossed that you get approved anyways.

How did you receive your greencard/file for removal-of-conditions?

I was advised by a lawyer to sent the Form I-751 with all the supporting documents including the protection order , police reports and affidavits from friends, neighbors and family, however I was required to send additional documentation such as proof of residency, bank accounts (the usual stuff to proof bona-fide marriage) etc which I did send after being notified, and I received my GC within 6 months. I was never told to file the I-360.

I am keeping my fingers crossed too, I am exhausted, stressed and waiting doesn't help, I got to the point where I cannot perform at work the way I used to. I was also hoping to get the citizenship b/c my job requires a lot of traveling and applying for visas to other countries has become a real pain.

Thank you all for the advise

[NickD 202]

I feel for most of us, we definitely, the greatest stress was during the AOS and I-751 processes, as that meant the difference between we staying together as a family or not, or me even leaving this country to stay with my wife, and would have done that.

With citizenship, our major reason for applying as early as possible was due to that stress, but our daughter couldn't as she just had to turn 18 before we can apply. And had to wait two more years which is only one year now. She is driving, working, going to college, has her ten year card and her foreign passport, so is free to travel and come back. If my wife didn't get her USC, life would go on as usual. She is not interest in politics unless they are young, good looking, and rich, certainly can't get a government job, either a hiring freeze now and even laying off people. SS disability is an eternity away.

Just saying, if for any reason, you do not get your USC, it's not the end of the world, if you are having a good time, those two years will go by quickly. Maybe it's best for you to have a good time and not worry about your USC.

[Milili78 0]

I feel for most of us, we definitely, the greatest stress was during the AOS and I-751 processes, as that meant the difference between we staying together as a family or not, or me even leaving this country to stay with my wife, and would have done that.

With citizenship, our major reason for applying as early as possible was due to that stress, but our daughter couldn't as she just had to turn 18 before we can apply. And had to wait two more years which is only one year now. She is driving, working, going to college, has her ten year card and her foreign passport, so is free to travel and come back. If my wife didn't get her USC, life would go on as usual. She is not interest in politics unless they are young, good looking, and rich, certainly can't get a government job, either a hiring freeze now and even laying off people. SS disability is an eternity away.

Just saying, if for any reason, you do not get your USC, it's not the end of the world, if you are having a good time, those two years will go by quickly. Maybe it's best for you to have a good time and not worry about your USC.

I'm leaving it in God's hands

Thanks for the advise

[mavsfan 0]

I feel for most of us, we definitely, the greatest stress was during the AOS and I-751 processes, as that meant the difference between we staying together as a family or not, or me even leaving this country to stay with my wife, and would have done that.

With citizenship, our major reason for applying as early as possible was due to that stress, but our daughter couldn't as she just had to turn 18 before we can apply. And had to wait two more years which is only one year now. She is driving, working, going to college, has her ten year card and her foreign passport, so is free to travel and come back. If my wife didn't get her USC, life would go on as usual. She is not interest in politics unless they are young, good looking, and rich, certainly can't get a government job, either a hiring freeze now and even laying off people. SS disability is an eternity away.

Just saying, if for any reason, you do not get your USC, it's not the end of the world, if you are having a good time, those two years will go by quickly. Maybe it's best for you to have a good time and not worry about your USC.

I'm leaving it in God's hands

Thanks for the advise

You will hear from USCIS soon on your decision. If they deny you then you have 30 days to file an appeal via N-336 form. Hire a good attorney who can prepare a brief on your behalf and submit any additional evidence you may have to overturn the original denial. You will either be called for a 2nd interview or you will be sworn in for oath directly. The appeal will cost you $605 + attorney fees unfortunately. Make sure you hire a good attorney who has dealt with similar cases after getting some good references from your friends.

I got denied in March 09 for a different reason (travel issues) but appealed successfully and now I am a USC. It took me 3 more months for the appeal, approval, oath. So good luck.

[Milili78 0]

I am happy to announce you that I got my oath ceremony letter

Thank u all for the support

[-B&T- 1]

I am happy to announce you that I got my oath ceremony letter

Thank u all for the support

That's a very good news!CONGRATULATIONS!!!

[wannabe_texan 0]

Congratulations - so happy for you!!! (F)

[Kathryn41 3,205]

That's great! Congratulations.