N-400 October 2010 Filers

[nyhazmat 2]

Just an update. We had our citizenship interview mid December, about two weeks before the three year mark for citizenship eligibility. Officer had told us they would submit the interview information right after that date(a little over a month ago). However, we saw no movement online for a month, so had scheduled an infopass appt for today.

'Coincidentally', the USCIS officer called us today before the infopass appt and told us that no-one had submitted the paperwork a month ago, but that he was doing it now. I think scheduling the infopass may have bumped the file... he said we would be getting the mail in about a month. Hoping the oath soon after.

Good luck, maybe the bump does help Let us know how it turns out. . . .

[JA Tam 7]

Just an update. We had our citizenship interview mid December, about two weeks before the three year mark for citizenship eligibility. Officer had told us they would submit the interview information right after that date(a little over a month ago). However, we saw no movement online for a month, so had scheduled an infopass appt for today.

'Coincidentally', the USCIS officer called us today before the infopass appt and told us that no-one had submitted the paperwork a month ago, but that he was doing it now. I think scheduling the infopass may have bumped the file... he said we would be getting the mail in about a month. Hoping the oath soon after.

Sometimes you have to prod them. Hopefully your oath letter is going to be in the mail soon. I am hoping the same thing for us. I'm waiting until next week to schedule an appointment to find out what's taking so long for hubby's oath letter.

[bonnerbonner 6]

I received my Oath letter date yesterday. It will be on Thursday, February 17 @ 7:30am. Can you believe it? I probable won't get any sleep the night before :-(. I am excited... It's finally happening... Screaaaaaaam

[aposantos 0]

Well after my post last Friday for my wife being recommended for approval by her IO on the 27th, she received a phone call Monday from her IO stating the supervisor denied the petition. He was very kind in calling, she appreciated it, however was a big letdown. Denial for 2 reasons. 1 reason- He indicated the supervisor stated after receipt of her conditional Green card, she traveled outside the States within 40 days after receiving her Green card, so in not completing her first 90 days in the States, she did not establish residency. (That she had to be in the States for 90 days before her residency would be established, and it was a CFR). 2nd reason-She did not have enough days for her physical presence and was short by 38 days.

Well my feelings for the first reason after researching-if one receives an employment Green card one should stay with their employer for 90 days or more, something called the 30/60/90 day rule. However she came on a marriage Green card and i could not find a CFR or in the INA 101(33). CFR 8 316.2 does establish requirements for residency which she meets according to it. The second reason--we sent in both her passports with all the stamps arriving in the U.S. and arriving in other visited countries, so assume they not only could see these but also confirm on their computer. Unless my wife missed a trip which i doubt,she was correct.

In any case we are waiting for a denial letter which can take up to 90 or 120 days. After researching appeals, they are costly, time consuming, basically useless, so people recommend to refile an N-400. However after already in to 700 dollars etc etc, she will just live here on her green card. (Now should I open a discussion about the 12 million illegals who are here illegally at probably 90% attaxpayers expense)

Edited February 5, 2011 by aposantos

[Indietro09 2]

Received my Oath Ceremony letter in the mail today. My Oath Ceremony date is Feb 18th....3 weeks since my interview I finally received Oath letter today. :D:D:D

[bonnerbonner 6]

Congrats Indietro09. We are almost there. You are 2/18 and I am 2/17... Pretty soon we will be in RED...

Aposantos, that is really disappointing news. It's not the end, and she can always file another N400 application. Unfortunately she will just have to wait a little while longer. So sorry to hear. Maybe that's why he didn't have her sign the pictures. It sucks :-(.

[htslogistics-john 1]

Well after my post last Friday for my wife being recommended for approval by her IO on the 27th, she received a phone call Monday from her IO stating the supervisor denied the petition. He was very kind in calling, she appreciated it, however was a big letdown. Denial for 2 reasons. 1 reason- He indicated the supervisor stated after receipt of her conditional Green card, she traveled outside the States within 40 days after receiving her Green card, so in not completing her first 90 days in the States, she did not establish residency. (That she had to be in the States for 90 days before her residency would be established, and it was a CFR). 2nd reason-She did not have enough days for her physical presence and was short by 38 days.

Well my feelings for the first reason after researching-if one receives an employment Green card one should stay with their employer for 90 days or more, something called the 30/60/90 day rule. However she came on a marriage Green card and i could not find a CFR or in the INA 101(33). CFR 8 316.2 does establish requirements for residency which she meets according to it. The second reason--we sent in both her passports with all the stamps arriving in the U.S. and arriving in other visited countries, so assume they not only could see these but also confirm on their computer. Unless my wife missed a trip which i doubt,she was correct.

In any case we are waiting for a denial letter which can take up to 90 or 120 days. After researching appeals, they are costly, time consuming, basically useless, so people recommend to refile an N-400. However after already in to 700 dollars etc etc, she will just live here on her green card. (Now should I open a discussion about the 12 million illegals who are here illegally at probably 90% attaxpayers expense)

aposantos sorry to hear about your denial.

but i have a question about the first reason.

they said you can't travel outside the U.S. within the first 90 days when you receive your green card? the second reason i understand, they added all the days outside and did not accumulate the residency.

[nigel 7]

Well after my post last Friday for my wife being recommended for approval by her IO on the 27th, she received a phone call Monday from her IO stating the supervisor denied the petition. He was very kind in calling, she appreciated it, however was a big letdown. Denial for 2 reasons. 1 reason- He indicated the supervisor stated after receipt of her conditional Green card, she traveled outside the States within 40 days after receiving her Green card, so in not completing her first 90 days in the States, she did not establish residency. (That she had to be in the States for 90 days before her residency would be established, and it was a CFR). 2nd reason-She did not have enough days for her physical presence and was short by 38 days.

Well my feelings for the first reason after researching-if one receives an employment Green card one should stay with their employer for 90 days or more, something called the 30/60/90 day rule. However she came on a marriage Green card and i could not find a CFR or in the INA 101(33). CFR 8 316.2 does establish requirements for residency which she meets according to it. The second reason--we sent in both her passports with all the stamps arriving in the U.S. and arriving in other visited countries, so assume they not only could see these but also confirm on their computer. Unless my wife missed a trip which i doubt,she was correct.

In any case we are waiting for a denial letter which can take up to 90 or 120 days. After researching appeals, they are costly, time consuming, basically useless, so people recommend to refile an N-400. However after already in to 700 dollars etc etc, she will just live here on her green card. (Now should I open a discussion about the 12 million illegals who are here illegally at probably 90% attaxpayers expense)

without knowing your wifes full details of her application ..i mean timeline..her travel outside the usa...what visa she had to come to the usa...blah blah blah..

The general rule is that she must have been "physical present" in the usa for at least 18mths (without breaks of more than 6mths) if you file under the 3yrs (married rule) or 30 mths physical presence on the 5 yr rule.

any travel outside the us more than 6 mths will "disrupt" the condinued presence..in other words that time outside will not count as physical presence.

Anytime over 6 mths will "break" the continued presence..in other words your residant clock will stop and start all over again until you meet the requirement. .

I have to say i never ever heard of a 30/60/90 day rule ..now employment visa well maybe there could be some claws in the requirement im not sure about.

unless somebody else can chime in with such details..

I guess and hope you and your wife looked over the http://www.uscis.gov...ticle/M-476.pdf (Naturalization Eligibility check off) there at the bottom of the page you would have a check off boxes to see if you meet such requirements to become a usc.

Again witout knowing your wifes travel time outside the usa while she was a p.r i cant really make any comments.

If you dont mind adding your timeline and traval....maybe we can have a better idea of why the i.o supervisor refused your usc on the basis of the physical presence requirement.

But did they denie your wifes usc? or what? cas the way i look at it....you was short of just 38 days...maybe they are waiting to call you in again for a second interveiw until that time is passed..

I won't do anything just yet until you get a letter....then if it states why she was denied, then go from there....

Dont let it get you down....i feel it can be fixed.....maybe a error on there part or in time....like 38 poxy days.... eitherway you be fine..

[aposantos 0]

The IO was very kind and called on the phone saying the supervisor denied her application, so I assume they have 120 days to send a letter to that effect. Yes she was on an I-130 July 2007, having married in 2006. Again the reasons stated were her residency would not begin until 90 days after receipt of her green card, and she did not meet the 18 month rule on physical presence.

As most people, we went by the USCIS M-476 and also referenced CFR 8 316 Statutes. Having done the research based on the previous, we calculated we met the minimum requirements and so filed her application last October. Of course having an interest in these sort of issues, I have spent many hours on the web since October, besides speaking with a couple of lawyers, particularly on residency and physical presence. What I have learned since October is USCIS uses internal memorandums not available to the public, and with those can easily reinterpret the meaning over and above what their own M-476 states, besides the intent and meaning of the Statutes. This is why all attorneys can only give general guidelines on the above, and yet never give anyone a real definitive answer on residency or physical presence requirements. Also the 6 month 12 month rules are only guidelines from USCIS's perspective though in the Statutes, and once again USCIS defines the meaning of them and not you. The excuse USCIS uses in the above, is this is just another area in their vehicle to enable them to weed out the people who just want citizenship. If the general public was aware of their internal memorandums, everyone would wait and file on the basis of not the M-476 or the 316 Statutes, but actually by USCIS's own internal guidelines. No one wants to throw away 685 USD, or wait a year to have an appeal, which after further research i found to really being wishful thinking. Once again this is why it is recommended by attorneys or even USCIS to just refile an application as you will lose on appeal, besides the expense of representation.

When I stated 90 days after conditional residency, this is what was told to my wife by the IO. Since last week I researched the 90 day rule, and most of the hits reference 90 days being in a state in order to file an N-400, so the 90 day rule (3 months)mentioned must be another internal USCIS memo. One will find a 30,60,90 day rule on the web, however i am webbed out on where i found it. I found this website which may be of interest. www.illinoislegalaid.org/UPLOADS/001688natguide.pdf Also i found another website on the web, i think with the prefix www, so www.cyrusmehta.blogspot.com/2010/07/naturalizing-in-flat-world.html

Keep smiling

Edited February 7, 2011 by aposantos

[nyhazmat 2]

Movement, we have movement! I just got an e-mail that the case has been moved to a local office for testing and interview Now for the next wait. . . .

[Susan73 5]

Finally!!!! congratulations

Movement, we have movement! I just got an e-mail that the case has been moved to a local office for testing and interview Now for the next wait. . . .

[nyhazmat 2]

Finally!!!! congratulations

Thanks. . . .

[nigel 7]

The IO was very kind and called on the phone saying the supervisor denied her application, so I assume they have 120 days to send a letter to that effect. Yes she was on an I-130 July 2007, having married in 2006. Again the reasons stated were her residency would not begin until 90 days after receipt of her green card, and she did not meet the 18 month rule on physical presence.

As most people, we went by the USCIS M-476 and also referenced CFR 8 316 Statutes. Having done the research based on the previous, we calculated we met the minimum requirements and so filed her application last October. Of course having an interest in these sort of issues, I have spent many hours on the web since October, besides speaking with a couple of lawyers, particularly on residency and physical presence. What I have learned since October is USCIS uses internal memorandums not available to the public, and with those can easily reinterpret the meaning over and above what their own M-476 states, besides the intent and meaning of the Statutes. This is why all attorneys can only give general guidelines on the above, and yet never give anyone a real definitive answer on residency or physical presence requirements. Also the 6 month 12 month rules are only guidelines from USCIS's perspective though in the Statutes, and once again USCIS defines the meaning of them and not you. The excuse USCIS uses in the above, is this is just another area in their vehicle to enable them to weed out the people who just want citizenship. If the general public was aware of their internal memorandums, everyone would wait and file on the basis of not the M-476 or the 316 Statutes, but actually by USCIS's own internal guidelines. No one wants to throw away 685 USD, or wait a year to have an appeal, which after further research i found to really being wishful thinking. Once again this is why it is recommended by attorneys or even USCIS to just refile an application as you will lose on appeal, besides the expense of representation.

When I stated 90 days after conditional residency, this is what was told to my wife by the IO. Since last week I researched the 90 day rule, and most of the hits reference 90 days being in a state in order to file an N-400, so the 90 day rule (3 months)mentioned must be another internal USCIS memo. One will find a 30,60,90 day rule on the web, however i am webbed out on where i found it. I found this website which may be of interest. www.illinoislegalaid.org/UPLOADS/001688natguide.pdf Also i found another website on the web, i think with the prefix www, so www.cyrusmehta.blogspot.com/2010/07/naturalizing-in-flat-world.html

Keep smiling

Thanks for this info..

I would like to ask the V.J admin staff to move this post rather than chat on the oct N-400 timeline.

I feel this topic should be talked about in dept so others can understand the process ect..

On a positive note here on V.J there was a member who just got usc with a battle with the uscis as he was also denied usc.

He applealed and won his case witin 2 mths of when he filed his form...for appeal.

here is the link maybe you can pm the member and ask questions of what he did to overcome his fight with the uscis..

link below

http://www.visajourney.com/forums/topic/294064-after-10-very-long-years-im-done-im-a-us-citizen/page__p__4455657__fromsearch__1#entry4455657

Again V.J admin staff..is it possible to move this post to a better forum/topic? as i feel it can be talked about in more detail...

[champi 13]

Hello All,

I do not have any entry in the list since it's my mom who is going through this process but I've been helping her out a bit since her English is not that good. Our immigration stuff happens through Charlotte, NC office. My mom has been here from 15 years and she's 61 so she did not have to give English read/write test. However, she did have to take the civic test. Here is her outline:

10/19/2010 - NOA 1

10/22/2010 - check cashed

10/27/2010 - touched

11/21/2010 - Fingerprint (taken early, originally scheduled on 11/23/2010)

01/03/2011 - Case was moved to the local office in Charlotte

01/10/2011 - Interview Letter received

02/09/2011 - Interview at 9:00am(Passed and Oath date assigned)

03/09/2011 - Oath

For interview today, we reached the office at 8:20am. Went through airport-type security and then asked to go to one of the office. The officer at the window there gave us a ticket # (by which they were called for interview) and asked us to wait in waiting room. When our turn came, I went along with my mom. I had filled out her application on behalf of her and noted that she will need a translator and is willing to bring her daughter (me). So the interview officer expected me with her. We were bit worried that I would not be allowed to be with her during the interview, but they did make any fuss. They did made me and my mom sign a paper saying my mom has requested a translator and that I would be the translator and I'd not cheat/lie etc. My mom was asked for passport, greencard, and some form of state ID. I was asked for ID, for which I gave my license. After that, the officer went straight to the test. Here are the questions that I could remember. Since she got all of them right, she was not asked all 10 questions.

What group of people was taken to America and sold as slaves?

What is the name of the Vice President of the United States now?

What is the highest court in the United States?

How many amendments does the Constitution have?

Who makes federal laws?

Why did the colonists fight the British?

After the test, he went through her application, confirmed name, DOB, SSN#, Address, Employment, Family information, etc etc. (basically, the whole application). Then officer said that she has passed the test and I'll recommend her for approval. He went on to say that my mom did not really need me because she didn't need much translation. We were told to wait in the waiting room where she'll be called to assign an oath date. In 10mins or so, her name was called and a paper was given where date/time of oath were listed.

Timewise, we reached the immigration office at 8:20 and were out of the office by 9:15, very short, easy, and efficient process. I am pleasantly surprised.

Hope this helps someone who is going through Charlotte office.

[bonnerbonner 6]

I am asking again... Can someone PLEASE update my timeline to show my Oath Ceremony Date as 01/17/11. Thank you. I tried, but it didnt look right... I appreciate your help.