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Erin B

My husband was denied citizenship due to "lack of moral character" and the fact that he was "inadmissable as a legal resident"

By Erin B in US Citizenship Case Filing and Progress Reports

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Villanelle
Villanelle

Okay. So lets start over with just the facts: He was on a H1b. (work visa)- He married her and an 130 was applied for. They were divorced. The 130 was pulled/cancelled Dec 2008 You and he married A

Penguin_ie
Penguin_ie

Is it possible you mixed up terminology and or/ timeline in your original post here? One thing I don't understand is, if he got a visa based on the original wife filing for a spousal visa (you said s

Erin B
Erin B

i just wanted to update everyone who kindly replied to me. We ultimately got an attorney, USCIS went and found his ex-wife and she made the same claims she made initially. They then interviewed my hus

TBoneTX Grand Master

TBoneTX   45,841

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Thanks for the update with the great news.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

JimmyHou Experienced

JimmyHou   611

Posted
Filed: Citizen (apr) Country: Egypt
 Timeline
Posted

i just wanted to update everyone who kindly replied to me. We ultimately got an attorney, USCIS went and found his ex-wife and she made the same claims she made initially. They then interviewed my husband two more times, and ultimately decided in his favor. He was granted Citizenship on February 18, 2016! Thank you all for your advice!

Congratulations!

For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

  • 3 weeks later...
aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted

To paraphrase Tom Cruise, it doesn't matter what USCIS believes, it only matters what they can prove. If they cannot prove he entered into his previous marriage solely to confer immigration benefits on himself, then there is no issue.

If she says he forged her signature, and he maintains he didn't, I doubt USCIS are going to be able to do anything about it, and the N-400 denial might not stand up either. Now, if they have additional evidence on top of that, then it could be a problem.

Seeking the advice of a reputable immigration attorney is the way to go.

No foreign citizen has a right to US citizenship. The legal burden is not on USCIS to prove the applicant for naturalization does not qualify. The legal burden is on the applicant to prove that he does qualify.

Erin B Rookie

Erin B   10

Posted
Filed: K-1 Visa Country: Guinea
 Timeline
  • Author
Posted

For those asking we are located in CA and used the following office Immigration Law Offices of Alisa S Thomas they recommended that we refile for citizenship from the beginning rather than appeal the decision and if I remember correctly it cost us roughly $3500 for their services. Hope that helps!

No foreign citizen has a right to US citizenship. The legal burden is not on USCIS to prove the applicant for naturalization does not qualify. The legal burden is on the applicant to prove that he does qualify.

Thank you for the late and completely unhelpful reply!

TBoneTX Grand Master

TBoneTX   45,841

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

*** Thread is moved from the US Citizenship main forum to the Case Progress subforum. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
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