N-400 October 2015 filers

[usaeagle 1]

This sounds very similar to what happened to me, though my officer gave me the letter and deadline at the interview. I sent everything in within a week and haven't heard a peep since - more than three months ago now. I'm so sorry they denied you, hopefully there will be some way for you to appeal. Do let us know what the letter says when it comes. I may be following you down that path before long...

Hope you get a positive response from them soon. Should be getting the letter later today or by tomorrow. Will update.

Thanks

[lvriesling 11]

It seems the officer asked for everything that we had submitted before plus more proof of our marriage. Also wanted last 3 years of tax script for my wife. My wife landed in here at the end of 2011 and did not start work until 2013. She told the officer about that too but again in the letter she asked for the same, I am not sure why. Besides that, our bank and credit card statements for the past 3 years and any other document showing our names with the same mailing address. I also got 3 of my close friends to write an affidavit knowing us and our marriage. Also sent more pictures of us just together and some with family. We were so sure we have sent all the required documents, but I guess you can never tell until you hear from them.

Normally if one spouse is not working then the tax return is filed jointly because the tax is way lower that way. So you would need to send in the tax transcripts for the jointly filed returns during those years. Then if you switched to filing separately afterward, just the transcripts for the separate filings.

[lvriesling 11]

This sounds very similar to what happened to me, though my officer gave me the letter and deadline at the interview. I sent everything in within a week and haven't heard a peep since - more than three months ago now. I'm so sorry they denied you, hopefully there will be some way for you to appeal. Do let us know what the letter says when it comes. I may be following you down that path before long...

I see that you are coming from The Netherlands, which many people think is actually a better country. May I ask why you decided to go with USCIS rather than with IND?

[paribest 0]

It seems the officer asked for everything that we had submitted before plus more proof of our marriage. Also wanted last 3 years of tax script for my wife. My wife landed in here at the end of 2011 and did not start work until 2013. She told the officer about that too but again in the letter she asked for the same, I am not sure why. Besides that, our bank and credit card statements for the past 3 years and any other document showing our names with the same mailing address. I also got 3 of my close friends to write an affidavit knowing us and our marriage. Also sent more pictures of us just together and some with family. We were so sure we have sent all the required documents, but I guess you can never tell until you hear from them.

Didn't you file taxes (joint) with your wife between 2011 and 2013?. You still need to file tax returns even if income is 0.

[3600rs 24]

Didn't you file taxes (joint) with your wife between 2011 and 2013?. You still need to file tax returns even if income is 0.

Yes, I agree. See one of the pointers in the link below, it speaks of n400 denial if taxes are not done.

https://citizenpath.com/reasons-form-n-400-denied/

[Pete's Dragon 4]

If you did not file a return for a given year, then you can still go back and file for those unfiled years.

[paribest 0]

If you did not file a return for a given year, then you can still go back and file for those unfiled years.

Yes we can amend the returns I believe. Question is will it help with the processing of existing N400?

[usaeagle 1]

Due to disability, I have been receiving SSI and do not need to file taxes. For my wife, we started to file for tax year 2013 and on-wards,For tax year 2013, filed as married but filing separately, thereafter jointly. No letter in the mail today, hopefully will receive it tomorrow.

[paribest 0]

Due to disability, I have been receiving SSI and do not need to file taxes. For my wife, we started to file for tax year 2013 and on-wards,For tax year 2013, filed as married but filing separately, thereafter jointly. No letter in the mail today, hopefully will receive it tomorrow.

Sincerely hope things work out for you. Right now it is all speculation, you will be able to have a better strategy once you have the letter.

[lvriesling 11]

For lvriesling, Interview Letter date is 3/16/16 and Interview Date is 5/3/16. Still awaiting date of oath

"In Line for Oath Ceremony" date is today, 5/27/16! Yay!!!

Still awaiting date of oath

[usaeagle 1]

Sincerely hope things work out for you. Right now it is all speculation, you will be able to have a better strategy once you have the letter.

Received letter in the mail today, it's 5 pages out of which 4 are rules and regulation. Was not expecting this for sure and surprised both of us. My wife has a child from previous marriage who is with the husband since they divorced in 2006. During the interview she was asked about the child and my wife answered her exactly how it is. The ex has the custody of her and has no obligation to pay anything for her well being. Even got a letter from the ex stating that but 1 major mistake ( i believe ) we did was not having it notarized. Below is their response for denial (sorry a bit long). Please advise / suggest what should we do next..

On August 16,2012, you obtained conditional permanent resident status through your spouse in immigrant

classification CR6(Conditional Resident Spouse of a US Citizen) and your conditions were removed on

December 03,2014. USCIS received your Form N-400 on October 19,2015, and on February 03,2016, you

appeared for an interview to determine your eligibility for naturalization.

During the interview and review of your application with an Immigration Services Officer. you testified that

the information on your Form N-.400. along with any amendments made during the naturalization interview.

and the documents submitted by you were true and correct. The record reflects that y'ou have a child who

lives overseas with your ex-husband. You stated that you sometimes send money when someone goes there

but not regularly. You stated that your ex-husband takes care of her so you do not need to send any money.

On Feburary 08. 2016. USCIS issued a Form N-14. Request for Evidence. asking you to submit evidence that

you financially support your child in order to demonstrate good moral character (GMC). This information

was due to USCIS no later than March 11 2016. On March 08.2016 you responded to the request for

evidence. You submitted a statement from you stating that you do not support your child from your previous

marriage"through any means." You stated thaty you had given "less than $500 in the last 4 years". You also

submitted a copy of a typed lefter from your ex-husband stating that he is financially responsible for your

child together. He stated that you are not obligated to support your child and that if you wish, you are free to

send monetary or physical gifts if you choose to do so. USCIS reviewed your response and found it

insufficient because the letter from your ex-husband is not notarized sworn affidavit. There is no proof that it

was actuallly him who wrote the letter. Also. the lefter does not state that you have sent money or other items

to your child. It is your obligation to provide for dependents, regardless of whether ordered by a court. Based

on your testimony and evidence, USCIS has found that you provided insufficient explanation for your failure

to support each dependent child. When asked about your failure to support your dependents, you stated you

don't need to send money because your ex-husband takes care of your child.

ln order to establish eligibility for naturalization you must demonstrate that you are a person of good moral

character during the statutory period. October 19.2010 till October 19. 2015. Unless you establish

extenuating circumstances, you will be found to lack good moral character if^ during the statutory period. you

willfully failed or refused to support your dependents. See INA 316(aX3) and l0l(f) and Title 8, Code of

Federal Regulations (8 CFR), section 3 16.l0(bX3)(i), and 316.2.

USCIS finds that you willfully failed or refused to support your dependents and that you have offered no

extenuating circumstances to warrant a departure from this finding Since you have not demonstrated that you

are a person of good moral character during the statutory period, you are ineligible for naturalization at this

time.

If you believe that you can overcome the grounds for this denial, you may submit a request for a hearing on

Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings, within 30 calendar days of

service of this decision (33 days if this decision was mailed). See 8 CFR 336.2 (a) and 103.8(b). Without a

properly filed Form N-336, this decision will become final. See INA 336.

To access Form N-336 or if you need additional information, please visit the USCIS Web site at

www.uscis.gov or call our National Customer Service Center toll free at I -800-375 -5283. You may also make

[paribest 0]

Received letter in the mail today, it's 5 pages out of which 4 are rules and regulation. Was not expecting this for sure and surprised both of us. My wife has a child from previous marriage who is with the husband since they divorced in 2006. During the interview she was asked about the child and my wife answered her exactly how it is. The ex has the custody of her and has no obligation to pay anything for her well being. Even got a letter from the ex stating that but 1 major mistake ( i believe ) we did was not having it notarized. Below is their response for denial (sorry a bit long). Please advise / suggest what should we do next..

On August 16,2012, you obtained conditional permanent resident status through your spouse in immigrant

classification CR6(Conditional Resident Spouse of a US Citizen) and your conditions were removed on

December 03,2014. USCIS received your Form N-400 on October 19,2015, and on February 03,2016, you

appeared for an interview to determine your eligibility for naturalization.

During the interview and review of your application with an Immigration Services Officer. you testified that

the information on your Form N-.400. along with any amendments made during the naturalization interview.

and the documents submitted by you were true and correct. The record reflects that y'ou have a child who

lives overseas with your ex-husband. You stated that you sometimes send money when someone goes there

but not regularly. You stated that your ex-husband takes care of her so you do not need to send any money.

On Feburary 08. 2016. USCIS issued a Form N-14. Request for Evidence. asking you to submit evidence that

you financially support your child in order to demonstrate good moral character (GMC). This information

was due to USCIS no later than March 11 2016. On March 08.2016 you responded to the request for

evidence. You submitted a statement from you stating that you do not support your child from your previous

marriage"through any means." You stated thaty you had given "less than $500 in the last 4 years". You also

submitted a copy of a typed lefter from your ex-husband stating that he is financially responsible for your

child together. He stated that you are not obligated to support your child and that if you wish, you are free to

send monetary or physical gifts if you choose to do so. USCIS reviewed your response and found it

insufficient because the letter from your ex-husband is not notarized sworn affidavit. There is no proof that it

was actuallly him who wrote the letter. Also. the lefter does not state that you have sent money or other items

to your child. It is your obligation to provide for dependents, regardless of whether ordered by a court. Based

on your testimony and evidence, USCIS has found that you provided insufficient explanation for your failure

to support each dependent child. When asked about your failure to support your dependents, you stated you

don't need to send money because your ex-husband takes care of your child.

ln order to establish eligibility for naturalization you must demonstrate that you are a person of good moral

character during the statutory period. October 19.2010 till October 19. 2015. Unless you establish

extenuating circumstances, you will be found to lack good moral character if^ during the statutory period. you

willfully failed or refused to support your dependents. See INA 316(aX3) and l0l(f) and Title 8, Code of

Federal Regulations (8 CFR), section 3 16.l0(bX3)(i), and 316.2.

USCIS finds that you willfully failed or refused to support your dependents and that you have offered no

extenuating circumstances to warrant a departure from this finding Since you have not demonstrated that you

are a person of good moral character during the statutory period, you are ineligible for naturalization at this

time.

If you believe that you can overcome the grounds for this denial, you may submit a request for a hearing on

Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings, within 30 calendar days of

service of this decision (33 days if this decision was mailed). See 8 CFR 336.2 (a) and 103.8(b). Without a

properly filed Form N-336, this decision will become final. See INA 336.

To access Form N-336 or if you need additional information, please visit the USCIS Web site at

www.uscis.gov or call our National Customer Service Center toll free at I -800-375 -5283. You may also make

Seems like your case is complicated, I recommend hiring a good immigration attorney when you file for hearing.

Let us see if any one else has any good suggestions.

[paribest 0]

Let me elaborate little bit -

In US it is considered that both ex-husband and wife are responsible for the child. For example there would be equal rights between both after divorce unless one of them is deemed unfit to look after the child.

The case was rejected either due to lack of evidence (Sworn affidavit) or based on what you're ur wife said in the interview. There is no document evidence here to indicate the moral character (like drug conviction, or felony etc) based on what you wrote above. It might be good case for immigration attorneys to take up.

Now there are 2 options

1.) Wait for period of 3-5 years since incident and file new N-400

2.) Hire a good immigration attorney and appeal N-336

I do not know how long your field office takes to process 2. If it takes 3 years for appeal it might be best to wait and reapply.

Let us see if any one else has any good suggestions.

PS: I am not an immigration expert, I am just writing based on my reasearch on web and the information you provided above.

[lvriesling 11]

As you noted, not having the letter notarized was a major mistake. However, even if you had, you still have an even bigger problem:

a) The record reflects that you have a child who lives overseas with your ex-husband. You stated that you sometimes send money when someone goes there but not regularly. You stated that your ex-husband takes care of her so you do not need to send any money.

b) Unless you establish extenuating circumstances, you will be found to lack good moral character if during the statutory period. you willfully failed or refused to support your dependents. See INA 316(aX3) and l0l(f) and Title 8, Code of Federal Regulations (8 CFR), section 3 16.l0(bX3)(i), and 316.2.

c) https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartF-Chapter5.html#S-K

K. Failure to Support Dependents​

​

An applicant who willfully failed or refused to support his or her dependents during the statutory period cannot establish GMC [Good Moral Character] unless the applicant establishes extenuating circumstances.​ [33] The GMC determination ​for failure to support dependents ​includes consideration of whether the applicant has complied with his or her child support obligations abroad in cases where it is relevant.​ [34]

​

Even if there is no court-ordered child support, the courts have concluded that ​parents have a moral and legal obligation to provide support for their minor children, and a willful failure to provide such support demonstrates that the individual lacks​ GMC​.​ [35]

​

An applicant who fails to support dependents may lack GMC if he or she:​

​

• Deserts a minor child;​ [36]
​

• Fails to pay any support;​ [37] or​
​

• Obviously pays an insufficient amount.​ [38]

35. [^]

​ See ​Brukiewicz​ v. ​Savoretti​, ​211 F.2d 541​ (5th Cir. 1954). See ​Petition of ​Perdiak​, 162 F. Supp. 76 (S.D. Cal. 1958). See ​Petition of ​Dobric​, 189 F. Supp. 638 (D. Minn. 1960). See ​In re ​Malaszenko​, 204 F. Supp. 744 (D.N.J. 1962) (and cases cited). See ​Petition of ​Dobric​, 189 F. Supp. 638 (D. Minn. 1960). See ​In re ​Huymaier​, 345 F. Supp. 339 (E.D. Pa. 1972). See ​In re ​Valad​, 465 F. Supp. 120 (E.D. Va. 1979). ​

38. [^]

​ See ​In re Halas​, 274 F. Supp. 604 (E.D. Pa. 1967). See ​Petition of ​Dobric​, 189 F. Supp. 638 (D. Minn. 1960).​

d) http://www.leagle.com/decision/1960827189FSupp638_1717/IN RE DOBRIC'S PETITION FOR NATURALIZATION

Petitioner, a refugee from Yugoslavia, while in a refugee camp in Italy in 1948, married an Italian citizen in Ancona, Italy. The maiden name of the Italian wife was Eleanora Montesi. Two children, Maria Angela and Manuela, were born to petitioner and his wife, Eleanora Montesi Dobric, Maria Angela in 1949, and Manuela in 1951. At the time of and during this marriage, petitioner claims he lived in the refugee camp in Napoli, Italy, and his wife, Eleanora, lived in the Montesi parental home.

Petitioner decided to emigrate to the United States in 1949. He claims his wife Eleanora refused to accompany him because "* * * [she was] not allowed to come to the United States. * * *. She wanted to live at home with her mother", according to the comment of petitioner.

Petitioner contends his wife Eleanora consented to his leaving, but refused to permit him to take their children with him, as they were both infants born in 1949 and 1951. He came "to the United States as an immigrant in February, 1952."

Following his arrival in the United States petitioner visited in Chicago for a short time and then proceeded to Hibbing, Minnesota, where he began employment with the Mahoning Ore and Steel Company. Petitioner has been regularly employed with this company from 1952 to the present time.

On January 27, 1954, petitioner was divorced from his first wife by the Superior Court of Cook County at Chicago, Illinois. In November of 1956, he married one Olga Tintar at Chisholm, Minnesota.

On July 15, 1957, petitioner filed his petition for naturalization with this Court, and on August 30, 1957, a preliminary examination was conducted by Examiner Paul Maki. The petitioner was asked in this examination whether he has fulfilled his duty of supporting his minor children in Italy. He was questioned by the Examiner under oath and said his earnings in the United States produced an approximate annual income of "around $3,000.00." That prior to his second marriage he would send money to Italy for the support of his minor children. This would consist of cash from time to time in amounts of two to ten dollars. He went on to say, "The Italian Consul wrote to me [from Chicago]. He said he had received a letter from my wife in Italy and that she was asking for more support. [The last time I sent money to Italy for the support of the children was] in July, 1956."

Questioned further by the government Examiner, his attitude towards family responsibility was concluded in this manner:

Q. Do you intend to pay for the support of your children in the future until they are no longer minors?A. No, because my first wife says she can support them * *.

The first wife came from a very good family. She had a very nice home in Italy. Petitioner knew her six or seven months before their marriage and visited in her parents' home.

The government stayed naturalization pending investigation into the character and morality of the applicant.

Naturalization is governed by Congressional Act.1 An applicant for citizenship has the burden of proving himself worthy. Does the record of the instant case support petitioner's burden of proof?

The record is convincing that petitioner, as the father of two infants, evaded his solemn obligation adequately to support and care for them. ... The petition is denied.

Your case appears to be identical to the Dobric case.

Therefore, you should consult an immigration lawyer IMMEDIATELY.

Edited May 28, 2016 by lvriesling

[3600rs 24]

USAEAGLE:

Sorry to see the denial. I think the best option for you is to hire an excellent lawyer in your area and appeal the N400 denial. Looking at the nature of the denial its not complicated I think. A document that needs to be attested is not.

Its better to tackle it now with an appeal, than wait and reapply later, as you dont know what other reason will mushroom out of that application.

It will be a major expense for you but definitely worth it, a permanent fix. In life, you can always make money, what you cant make is time.