N-400 Denied

[gmail.com 0]

I Just had my N-400 Denied based on Three years marriage to USC. The reason for denial was that USCIS believes my wife and i am not living together for the complete three years( in 2009 tax year- my Wife filed Tax as Head of Household and she had listed her mom address as her residence, which we amended later after the interview and wrote the explanation letter about the situation about filing HOH and residence. Even though, we have provided so much of documents to prove the fact that our marriage is bonafide and we are still happily married and living together.

I need to travel for about a month outside the US. Is there going to be any problem while coming back at POE?

I need some serious suggestions please.

[Penguin_ie 5,993]

There shouldn't be an issue; you were denied citizenship, but not accused of lying, so your greencard is still valid and you simply re-apply after 5 years of residence.

[Mithmeoi 29]

If you have your ten year green card I don't see why they would detain or turn you away at POE.

You were only denied citizenship, not residence.

Edited May 28, 2012 by Mithmeoi

[Charro 17]

@gmail.com did you ever reapply? The same exact thing happened to me and I have been searching for someone who went through same thing , reapplied under the 5 yr residency rule and for through . Thanks

Oops meant " got through " not " for through ".

[sk88888 0]

Charo and gmail.com

I am going to apply for a citizenship based on 3 year marriage to USC too. But we lived in different states due to jobs. we have been filing tax return together for the last 3 years.. I am so not sure if I should apply or not? Should I go to see Attorney to ask them if I am qualified or not?

[paustin 1]

The time seems to be off. If you have N400 interview based of 3 years, your tax should be 2010, 2011 and 2012 why 2009? Also, did you mail in tax transcripts or tax returns with W2 that shows different address?

[jack999 0]

I would suggest you to consult with an immigration attorney as your case is unique.