When an Imigration Officer seems confused

[Step 1 0]

Today, I went back for my citizenship interview after they said I was invited too early the first time. (a week before 5 years of green card).

I got 100% on the questions, passed the reading and writing. provided 3 years tax transcript. passports, lease and my proof of divorce.

The officer said that she is suspicious of my marriage and that I will have to proof to her that the marriage was in good faith and not for green card. I told her that we divorced since 2005 and separated since 03. I asked why do I need to start looking for evidence when I do not file under three years or as still married to a US citizen. She said the burden of proof is on me and they are against marriage fraud.

She printed Form N-14, which outlined even a current drivers licence for me and my ex-wife among other stuff like joint account. The 8 requirements on that form actually are for those who are still married to a US citizenship.

"I cannot grant your appilcation today, send to me whatever proof you have and I will make my decision" the officer said I have 4 weeks .

Ok. Does anyone smell something? and what should I do URGENTLY ?

[Niels Bohr 72]

What you should do is to obtain the evidence listed within the 8 requirements. If you don't do that, you'll be wasting your time coming to VJ for help.

[diadromous mermaid 36]

What you should do is to obtain the evidence listed within the 8 requirements. If you don't do that, you'll be wasting your time coming to VJ for help.

Actually, if USCIS issues an N-14 and the alien returns the information incomplete, or does not address all the requirements, the case will be headed for a denial. If you really believe that this request is out of order, consult an immigration attorney to assess your options.

[warlord 73]

Not sure what the "Invited a week to early". Mine was a week to early as well and the only thing was I just after my interview wasn't able to be officially sworn in that day and just had to wait for the oath ceremony. That's not all that uncommon. You mentioned you were invited too early the first time? Is this your second interview or something? Being early won't change a thing but when you get sworn in possibly and that's it...

[Step 1 0]

I need to add that I DID NOT apply for citizenship as a spouse of US citizen, I had waited five years after my green card and had my divorce in '05. Please anybody explain to me how I'm suppose to provide information to prove that that marriage was in good faith and that we co-habited. Some of the information they are seeking are not feasible......current divers license of husband and wife. HELLO?

Explaining that this is my second visit : The first time it was about one week to reach five years since my green card. The officer said she was not going to interview me because the law does not permit her to do thAt until it exactly of more than five years. iI was re-invited about one month later.

Today, I went back for my citizenship interview after they said I was invited too early the first time. (a week before 5 years of green card).

I got 100% on the questions, passed the reading and writing. provided 3 years tax transcript. passports, lease and my proof of divorce.

The officer said that she is suspicious of my marriage and that I will have to proof to her that the marriage was in good faith and not for green card. I told her that we divorced since 2005 and separated since 03. I asked why do I need to start looking for evidence when I do not file under three years or as still married to a US citizen. She said the burden of proof is on me and they are against marriage fraud.

She printed Form N-14, which outlined even a current drivers licence for me and my ex-wife among other stuff like joint account. The 8 requirements on that form actually are for those who are still married to a US citizenship.

"I cannot grant your appilcation today, send to me whatever proof you have and I will make my decision" the officer said I have 4 weeks .

Ok. Does anyone smell something? and what should I do URGENTLY .

[riblet 0]

It doesn't matter that you didn't apply in three years... your original status in the U.S. was based on your relationship to your ex-husband and if that was fraudulent it doesn't matter how long you waited to apply (not saying that it was fraudulent!)

Get them whatever you can and write a statement explaining your position and what happened to the marriage. Maybe someone would be willing to swear in an affidavit as to the real nature of your old relationship.

Good luck!

[Step 1 0]

I plan to send this letter and the mentioned documentation. Does anyone have any suggestion and or additional input please?

THE LETTER:

During my citizenship interview on, ...... 2007, you requested additional information be provided by mail to enable you make a decision. According to your request, the documentation should include convincing evidence that my marriage to my ex-wife was in good faith and that we co-habited during the period of this marriage that ended on..........., 2005.

Enclosed herewith are the following itemized documentation regarding this request.

1. A notarized copy of lease agreement from ....Apartment in , where I lived with my ex-wife with both of us signing the lease.

2. Notarized home phone bills (one in August ‘01 and August ‘02) sent from ATT (formerly SBC) with both of our names on the bill.

3. Notarized copy of Medical record from........ Family and Preventive Medicine in..........., indicating that we had the same primary care physician under the same health insurance ......, while I was working for........ (formerly).

4. Notarized copy of our Dental Insurance card form......... under the same doctor with both our names on the card.

5. A copy of notarized letter from Planned Parenthood ......., requesting treatment for Sexual Transmitted Bacteria Infection for me without an examination. This came because my ex-wife contracted bacteria infection. After her treatment, they requested that I the husband be treated also. Her continued promiscuity being part of the reason for our divorce.

6. A notarized copy of letter from ........ Bank showing evidence of joint credit card account during the period of the marriage.

8. A notarized group picture of myself, my ex-wife, her mom, and her nephew.

9. A notarized copy of joint income tax return showing our names for 1999 and 2000. Tax return for 2001 - 2005 was provided to you during the interview. However only 1999- 2001 were filed jointly being period that we were living together.

I hope the provision of these documentation is in line with your request that will enable you make a decision.

Thank you,

[riblet 0]

That sounds very good to me. I'm sure it's unpleasant to have to share part of the reason for divorce, but hopefully this will help convince this suspicious officer. And all the other evidence sounds good.

Good luck again!

[JimandSarha 0]

That sounds very good to me. I'm sure it's unpleasant to have to share part of the reason for divorce, but hopefully this will help convince this suspicious officer. And all the other evidence sounds good.

Good luck again!

Are you positive your ex isn't the source of the problem? She might have called INS to insinuate she was used by you to get into the country.

Jim

[warlord 73]

It's kind of a bit confusing here. By 5 years, of being on a green card, you are then saying your green card was issued to you by your work? Or are you saying you got your green card through marriage?

If by marriage, you needed to be still married and living together for the time before you get your conditions removed. If you were and then got the conditions removed and then got divorced, it can be fishy. If you were seperated BEFORE you got the conditions removed, then that will of course be a big red flag and they will most definatly investigate fraud.

If you got married and obtained the green card through that, you only needed to be on the green card for 3 years not 5. So unsure about the 5 year thing (unless I'm missing something). I thought the 5 years is only for those who got their green card through their jobs, but maybe there is some sort of rule for another situation.

Either way, they will want to know if you and your spouse were living together and married during your conditional time. If you weren't then they may call fraud on your case. They can grant you a pardon many times if you prove that during that time your spouse was abusive or cheating etc. But just getting seperated and a divorce during your probationary time on the green carrd is just not going to cut it...

[aussiewench 9]

It's kind of a bit confusing here. By 5 years, of being on a green card, you are then saying your green card was issued to you by your work? Or are you saying you got your green card through marriage?

If by marriage, you needed to be still married and living together for the time before you get your conditions removed. If you were and then got the conditions removed and then got divorced, it can be fishy. If you were seperated BEFORE you got the conditions removed, then that will of course be a big red flag and they will most definatly investigate fraud.

If you got married and obtained the green card through that, you only needed to be on the green card for 3 years not 5. So unsure about the 5 year thing (unless I'm missing something). I thought the 5 years is only for those who got their green card through their jobs, but maybe there is some sort of rule for another situation.

Either way, they will want to know if you and your spouse were living together and married during your conditional time. If you weren't then they may call fraud on your case. They can grant you a pardon many times if you prove that during that time your spouse was abusive or cheating etc. But just getting seperated and a divorce during your probationary time on the green carrd is just not going to cut it...

Warlord,

Divorce is another if the marriage wasn't for a period of 3 years. If less than 3 years, the 5 years applies before one can apply for Naturalization.

[warlord 73]

Yes, but it seemed if I'm reading this right, he was divorced after the 3 years. In that case he could have legally applied to be a USC at his 3 year mark because they were still married and his CG was based on marriage. If they have gotten divorced before the 3 years, then yes he would then have to wait. I just thought they were divorced after the 3 years though...

[Yodrak 7]

Step 1,

Becoming a citizen is a significant untertaking. You have found yourself in a bit of a bind with this case officer. If a successful oucome is important to you, see an immigration attorney for advice and assistance on the issue that you have been confronted with.

VJers commonly opine that lawyers are not necessary for simple, straightforward cases. Your case is no longer simple and straightforward.

Yodrak

I need to add that I DID NOT apply for citizenship as a spouse of US citizen, I had waited five years after my green card and had my divorce in '05. Please anybody explain to me how I'm suppose to provide information to prove that that marriage was in good faith and that we co-habited. Some of the information they are seeking are not feasible......current divers license of husband and wife. HELLO?

Explaining that this is my second visit : The first time it was about one week to reach five years since my green card. The officer said she was not going to interview me because the law does not permit her to do thAt until it exactly of more than five years. iI was re-invited about one month later.

Today, I went back for my citizenship interview after they said I was invited too early the first time. (a week before 5 years of green card).

I got 100% on the questions, passed the reading and writing. provided 3 years tax transcript. passports, lease and my proof of divorce.

The officer said that she is suspicious of my marriage and that I will have to proof to her that the marriage was in good faith and not for green card. I told her that we divorced since 2005 and separated since 03. I asked why do I need to start looking for evidence when I do not file under three years or as still married to a US citizen. She said the burden of proof is on me and they are against marriage fraud.

She printed Form N-14, which outlined even a current drivers licence for me and my ex-wife among other stuff like joint account. The 8 requirements on that form actually are for those who are still married to a US citizenship.

"I cannot grant your appilcation today, send to me whatever proof you have and I will make my decision" the officer said I have 4 weeks .

Ok. Does anyone smell something? and what should I do URGENTLY .

Edited March 2, 2007 by Yodrak

[zyggy 9]

Yes, but it seemed if I'm reading this right, he was divorced after the 3 years. In that case he could have legally applied to be a USC at his 3 year mark because they were still married and his CG was based on marriage. If they have gotten divorced before the 3 years, then yes he would then have to wait. I just thought they were divorced after the 3 years though...

The reason why the immigration officer is asking because of thier doubt that the original marriage was not entered into for the sole purpose of immigrtating to the US. If it turns out that they believe the marriage with which the original benefit of PR status was given was fraudulent, then they cannot grant citizenship because he would not be eligible for it...

It should be no surprise that this question can come up anywhere in the course of your dealings with USCIS... All you can do is satisfy them.. and I agree with Yodrak.. everything that you have been granted thus far has been thrown into doubt... get an immigration attorney involved and fast...

[Step 1 0]

I write to thank you for your support and positive contribution. I finally got the information from the call center that my application has been approved since April 11 and that my name has been added to the waiting list for oat ceremony.

I never used any attorney, I sent the letter and all the documentation on March 12

Thanks again

That sounds very good to me. I'm sure it's unpleasant to have to share part of the reason for divorce, but hopefully this will help convince this suspicious officer. And all the other evidence sounds good.

Good luck again!