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Will I be denied ?

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Filed: Lift. Cond. (pnd) Country: India
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Dear Friends,

I had my Citizenship interview today. It all went well, until the officer told me there is a small issue with the date I applied. He told me we have to married for exactly 3 years, before we can apply. I applied "1" day sooner. He was like he is not sure, if an exception can be made. He will have to run it by Attorney's before he can tell me if I am okay or will I be denied. He did feel bad about this whole situation and said he will try his best.

Has anybody else known of a similar situation, where an exception was made ?

ROC timeline

I-751 package sent - 04/21/12

Checks cashed - 04/26/12

NOA1 received - 04/27/12 dated 04/24/12

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Filed: Citizen (apr) Country: Tunisia
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I don't think that somebody can give you a definite answer for your situation because this is my first time seeing a situation like yours. I don't think that they will deny you just because of a day ( I don't promise you that). I mean was it a day before your 90 days started with USCIS or 1 day before you are a resident for the required time? I'm confused. Good luck buddy. Sorry for not giving you a good answer.

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Filed: Lift. Cond. (pnd) Country: India
Timeline

Well, there are 2 rules:

1. You have to be married for 3 years to US citizen before you can apply.

2. You have to legal permanent resident for 3 years (-90 days) before you can apply.

I am within the time frame for 2nd rule, but for the first one, I applied 1 day earlier than my 3 rd Marriage Anniversary.

ROC timeline

I-751 package sent - 04/21/12

Checks cashed - 04/26/12

NOA1 received - 04/27/12 dated 04/24/12

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Filed: Citizen (apr) Country: Tunisia
Timeline

I doubt they will deny you because say today you are one day behind the 3rd anniversary they can wait that day and get you approved. I hope everything will go on your side, I know that you are nervous and angry and sad but good things happen to good people. You will get approved.

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Filed: Lift. Cond. (pnd) Country: India
Timeline

Actually, I did the math again and if I add the day when I my application was received, it was exactly 3 years. But, I don't know if they will redo the math .

ROC timeline

I-751 package sent - 04/21/12

Checks cashed - 04/26/12

NOA1 received - 04/27/12 dated 04/24/12

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I doubt they'll give you problems... I mean if they really think the date on the application is an issue, they'd return your whole N-400 packet before you even know it.

If it's in the process of interview and such? You should be fine.

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Filed: Lift. Cond. (pnd) Country: India
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i pretty sure they will approve it , if visa officer wanted to deny you he could deny you at that time but he didn't that's a good sign ,

I am hoping that too. He told me that if it were 5-6 days, it would definitely be denied, but "One Day !!!". He told me he has never come across a situation like this before.

I doubt they'll give you problems... I mean if they really think the date on the application is an issue, they'd return your whole N-400 packet before you even know it.

If it's in the process of interview and such? You should be fine.

That's what I was thinking too. If you wanted to reject me, just send the packet when you first received it. After I went through all this, is it fair to Deny me.

ROC timeline

I-751 package sent - 04/21/12

Checks cashed - 04/26/12

NOA1 received - 04/27/12 dated 04/24/12

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Filed: Lift. Cond. (pnd) Country: India
Timeline

Well, thanks guys for your moral support. I will find out tomorrow from him, what the final verdict was and I will share it with you. Hoping they will rule in my favor, but it could be a denial also.

ROC timeline

I-751 package sent - 04/21/12

Checks cashed - 04/26/12

NOA1 received - 04/27/12 dated 04/24/12

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Filed: Citizen (apr) Country: Thailand
Timeline

Not sure they will let it slide as I believe it is a firm requirement to shorten the otherwise five-year residency requirement. We are in the same situation with our three year wedding anniversary falling a day after our three-year less 90-days residency.

Steve

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Filed: Lift. Cond. (pnd) Country: India
Timeline

Not sure they will let it slide as I believe it is a firm requirement to shorten the otherwise five-year residency requirement. We are in the same situation with our three year wedding anniversary falling a day after our three-year less 90-days residency.

Steve

Thats why I am concerned. In the past they have sometimes excused people who applied one day earlier than 90 day window.

You are in the same boat, meaning you also applied one earlier ???

ROC timeline

I-751 package sent - 04/21/12

Checks cashed - 04/26/12

NOA1 received - 04/27/12 dated 04/24/12

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Filed: Citizen (apr) Country: Thailand
Timeline

No, I noted the issue somewhere and changed my wife's form so when we send it in two years and three months it doesn't get kicked back. Surprised you got all the way to the interview as I thought it would have been caught earlier. Hope we are both wrong and they waive the requirement.

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It is 3 years of being a green card holder and married to a US citizen for 3 years.

  • Be a permanent resident (green card holder) for at least 3 years immediately preceding the date of filing Form N-400, Application for Naturalization
  • Have been living in marital union with the U.S. citizen spouse, who has been a U.S. citizen during all of such period, during the 3 years immediately preceding the date of filing the application and up until examination on the application

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=a0ffa3ac86aa3210VgnVCM100000b92ca60aRCRD&vgnextchannel=a0ffa3ac86aa3210VgnVCM100000b92ca60aRCRD

AOS Journey

11-04-2011 sent AOS to Chicago lockbox

11-07-2011 delivered

11-08-2011 Date on text messages but did not receive until 11-22-2011

11-23-2011 Check cashed.

11-25-2011 Hard copies of NOA1s

12-06-2012 Pui's Brother unexpectly passes away and we make an info pass appointment and receive an emergancy AP so she can return home. Pui leaves for Thailand for 2 weeks.

12-06-2012 Get a text message and email that she received an RFE

12-12-2012 RFE for original birth certificate. I swear we sent it along with a certificate translation of it.

12-20-2012 Pui returns from Thailand.

12-21-2012 We send the RFE back for with original birth certificate along with a new certificate of translation(I had to wait for her to return for her to sign)

12-26-2012 text and email they have received the RFE.

12-29-2012 Appointment for biometrics is 01-23-2012

01-13-2012 AP is approved.

01-23-2012 Biometrics appointment. Later during the evening the text and email saying the EAD is approved.

01-31-2012 EAD/AP combo card arrives.

05-22-2012 Email and text card is in production!

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