Sob story that was avoidable

[antda 13]

CanAmCharlotte-

Again, you did nothing wrong here..

-You filed your application 90 days minus 3 years on your resident since date....

As by your interview date (October 5) you met the following requirements..

1) Have been married to the same USC spouse for 3 years (as of September 28)

2) Your spouse has been a US Citizen for 3 years or more (if they are born here...however old they are..)

The only thing you didn't meet was the physical residency requirements..

3) Been a permanent for three years....(as of October 15)

However, because they scheduled the interview early and prior to your premanent resident date your case was denied

Therefore, they should have scheduled an interview ON or AFTER October 15, so that you are eligible for such....

For example, in my situation I filed on September 9 (lol..I could have filed in August, but I had to wait for my son's birth certificate). But I did not reach the permanent residency date until November 14..

Anyways, I had my interview quite early (which was surprising that they actually worked 'quickly' this time, despite the I-751 delays) on November 18, which was barely past my 3yr permanent residency requirements date (lol..and yes, the IO noted and checked about that too...). But neverthless, it was AFTER the November 14 date, so which made me eligbile for such..

If though they had scheduled my interview for the 14th or before, and if I were in your situation CanAmCharlotte, I would have went for the scheduled interview anyways, but would have told them to reschedule another interview for after the November 14th date so that I could have been approved...

From what I've gathered with the USCIS folks...They use the interview date and outcome as the determining factor in order to determine who is eligible for citizenship or not...

So it is THEIR FAULT if they scheduled your interview date before you meet all the requirements...

And heck, they don't even tell you which date they give you the interview on, until it is too late....

Knowing better, they should have scheduled an interview date AFTER you met the residency requirements...

Gee, you would think that they would know how to schedule another interview 10 days later....Seesh....

I think there were other VJers in the same boat as you were too, regarding early interviews...

But for them I think the outcome was different..

As they were called in for a second interview AFTER they met the residency requirements too...

Definitely do a search of old posts/topics to see if this is the case too....

Another option to consider CanAmCharlotte, is to file a "motion to reconsider/re-open case" (or something along those lines)...Not sure if you need a lawyer and/or senator/congressman to do that or not, but for the principle of the matter you should file one anyways...

But you need a 'resolution' to your old case and to find out exactly what happened to such, as having two citizenship cases on record might be a problem too.....

So don't be surprised if there are any more delays if they have to take extra time to sort out their errors.....

Nevertheless, good luck with your journey and hope you get citizenship soon too....

Ant

[CanAmCharlotte 0]

CanAmCharlotte-

Again, you did nothing wrong here..

-You filed your application 90 days minus 3 years on your resident since date....

As by your interview date (October 5) you met the following requirements..

1) Have been married to the same USC spouse for 3 years (as of September 28)

2) Your spouse has been a US Citizen for 3 years or more (if they are born here...however old they are..)

The only thing you didn't meet was the physical residency requirements..

3) Been a permanent for three years....(as of October 15)

However, because they scheduled the interview early and prior to your premanent resident date your case was denied

Therefore, they should have scheduled an interview ON or AFTER October 15, so that you are eligible for such....

For example, in my situation I filed on September 9 (lol..I could have filed in August, but I had to wait for my son's birth certificate). But I did not reach the permanent residency date until November 14..

Anyways, I had my interview quite early (which was surprising that they actually worked 'quickly' this time, despite the I-751 delays) on November 18, which was barely past my 3yr permanent residency requirements date (lol..and yes, the IO noted and checked about that too...). But neverthless, it was AFTER the November 14 date, so which made me eligbile for such..

If though they had scheduled my interview for the 14th or before, and if I were in your situation CanAmCharlotte, I would have went for the scheduled interview anyways, but would have told them to reschedule another interview for after the November 14th date so that I could have been approved...

From what I've gathered with the USCIS folks...They use the interview date and outcome as the determining factor in order to determine who is eligible for citizenship or not...

So it is THEIR FAULT if they scheduled your interview date before you meet all the requirements...

And heck, they don't even tell you which date they give you the interview on, until it is too late....

Knowing better, they should have scheduled an interview date AFTER you met the residency requirements...

Gee, you would think that they would know how to schedule another interview 10 days later....Seesh....

I think there were other VJers in the same boat as you were too, regarding early interviews...

But for them I think the outcome was different..

As they were called in for a second interview AFTER they met the residency requirements too...

Definitely do a search of old posts/topics to see if this is the case too....

Another option to consider CanAmCharlotte, is to file a "motion to reconsider/re-open case" (or something along those lines)...Not sure if you need a lawyer and/or senator/congressman to do that or not, but for the principle of the matter you should file one anyways...

But you need a 'resolution' to your old case and to find out exactly what happened to such, as having two citizenship cases on record might be a problem too.....

So don't be surprised if there are any more delays if they have to take extra time to sort out their errors.....

Nevertheless, good luck with your journey and hope you get citizenship soon too....

Ant

Hey Ant,

I did get an official 'denied' letter from my local office a couple of months after my interview in Oct. '09 and that's what you need in order to file again. They told me flat out if I appealed, I would be unsuccessful so I didn't want to throw good money after bad. I did try both my senators and they were sympathetic but didn't give me any assistance. So strangely, even though I'm officially denied on the first application, the Washington Field Operations Directorate is looking into it (well that's what they said but who knows really). When I go for my interview in a few weeks, I'm not going to bring up that it is my second attempt unless they do. It's like any big organization; very often the right hand doesn't know what the left hand is doing. There are probably no more letters for me to write or people to contact so I've decied to let the Washington office do their investigation and if they choose to refund my original $675 (I know, I know, a long shot) it will be like money from heaven.

I'm the sort who thinks everything happens for a reason. Maybe I'm supposed to somehow get involved with immigration reform. The city in which I live, Charlotte NC, is in the running to host the National Democratic Convention in 2012 and I would love to participate as a volunteer. I want that even more now.

Thanks for weighing in!

J

[Deputy Purple 1,294]

Here is my timeline:

Married--Sept. 28, 2006

CR-1 visa--Oct. 15, 2006

Conditions removed--May 5, 2009

N-400 rec'd at SC--July 26, 2009

Naturalization interview--Oct. 5, 2009

I've just got to ask: How did you have a CR-1 Visa in hand 2 1/2 weeks after getting married?

[ValerieA 350]

I've just got to ask: How did you have a CR-1 Visa in hand 2 1/2 weeks after getting married?

I was wondering this, too.

[v333k 59]

To my understanding, if you interview before the third year anniversary, you will have to wait until your 3rd year anniversary passes to be eligible to take your oath. I sort of lost my line of understanding unless I didn't understand the initial comments altogether.

[CanAmCharlotte 0]

I've just got to ask: How did you have a CR-1 Visa in hand 2 1/2 weeks after getting married?

That's another wild story that I documented somewhere in a post on this website a long time ago. To make a very story short, when I went for my K-1 interview in Montreal back in September of '06, there was a big screwup with my case. Apparently an alien number had been recycled. No clue how this happened. It was a major mess. The alien number I received belonged to a felon. Oh yes, it just keeps getting better and better. The Consul got involved and they decided the only way to rectify the situation was to give me a CR-1 visa practically on the spot. First though, I had to get married so we did, the next day! Thankfully my fiance had flown up to Montreal to be with me for the interiew. So you see, I seem to me plagued with USCIS issues! I guess the good part about getting a CR-1 visa is that I didn't have to go through an AOS.