Possible denial and deportation

[Shiobhan 235]

You were allowed to take the test, he was doing his job because there are questions

the IO recognized a litlle hanky panky, he cant tell if you both live 2gether or you both

make decisions to get over on taxes. They may do a field visit questioning your neighbors

just to be sure.

[Villanelle 4,122]

Well you say you were approved for ROC in July 16. So putting everything on a time line:

Feb- you and spouse move to townhome (did you file AR11 change of address? for you and spouse or just you?)

May-file n400

June-spouse changes DL to rental home (again did she do a AR11 as a sponsor?)

July-approved ROC (no interview??)
Nov-N400 interview

So you can see how it looks like not only did you and your spouse separate PRIOR to your N400 interview, but prior to your ROC approval. This can be a problem. If you didnt have an interview for ROC, combined with the fact you were not at the wifes sons (your step sons graduation which is in June) graduation due to business. (I hope you have documentation of such)... It can raise suspicion that the marriage was no longer bonafide at that point.

If this is true you will be best served just telling us this now so we can help you sort this properly. If its not true, you can see how the Officer would be thinking this right?

So what could happen next? Well they usually throw out potential consequences like deportation and such because it can scare people who are lying into telling the truth. It is also a legitimate consequence of lying and not an empty threat...

They can decide to re-open your ROC. You would get a notice of such if they do this. You can hire an attny or handle it yourself at first and then take on an attny if it doesnt go well. They would call you and your spouse back in for an interview and it would be a tough interview and you would need to bring any and all evidence you have. If they take a hard line and deny you, its not over, youd be able to go to court and fight it out there. Thats where you would definitely need the attny.

You wont be able to proceed with the N400 until the ROC is settled. If they do not re-open the ROC, (and you wont know if they are going to do this or not- you just have to wait and see). So if they decide to leave the ROC as it is, then the Officer will just have to decide how to proceed on your N400. He can decide you didnt satisfy the 3yr marriage requirement due to having mismatched addresses. You can try to appeal it or wait to refile at the 5yr mark.

[kris&me 572]

1099 as independent contractor should still file with spouse as the tax breaks make it worthwhile

get your act together and make the addresses on licenses match

ignorance of law is no excuse

even when moving, you have so many days before you are expected to change address on driving licence

not trying to be critical but honest

[EM_Vandaveer 2,408]

I think we are getting ahead of ourselves here throwing things out there like USCIS reopening the ROC case. We don't even know if the N-400 will be approved or denied.

[Cathi 5,782]

Well you say you were approved for ROC in July 16. So putting everything on a time line:

Feb- you and spouse move to townhome (did you file AR11 change of address? for you and spouse or just you?)

May-file n400

June-spouse changes DL to rental home (again did she do a AR11 as a sponsor?)

July-approved ROC (no interview??)

Nov-N400 interview

So you can see how it looks like not only did you and your spouse separate PRIOR to your N400 interview, but prior to your ROC approval. This can be a problem. If you didnt have an interview for ROC, combined with the fact you were not at the wifes sons (your step sons graduation which is in June) graduation due to business. (I hope you have documentation of such)... It can raise suspicion that the marriage was no longer bonafide at that point.

If this is true you will be best served just telling us this now so we can help you sort this properly. If its not true, you can see how the Officer would be thinking this right?

So what could happen next? Well they usually throw out potential consequences like deportation and such because it can scare people who are lying into telling the truth. It is also a legitimate consequence of lying and not an empty threat...

They can decide to re-open your ROC. You would get a notice of such if they do this. You can hire an attny or handle it yourself at first and then take on an attny if it doesnt go well. They would call you and your spouse back in for an interview and it would be a tough interview and you would need to bring any and all evidence you have. If they take a hard line and deny you, its not over, youd be able to go to court and fight it out there. Thats where you would definitely need the attny.

You wont be able to proceed with the N400 until the ROC is settled. If they do not re-open the ROC, (and you wont know if they are going to do this or not- you just have to wait and see). So if they decide to leave the ROC as it is, then the Officer will just have to decide how to proceed on your N400. He can decide you didnt satisfy the 3yr marriage requirement due to having mismatched addresses. You can try to appeal it or wait to refile at the 5yr mark.

sponsors do not have to file an Ar-11 when they move, only the beneficiary does.

[EM_Vandaveer 2,408]

sponsors do not have to file an Ar-11 when they move, only the beneficiary does.

True, but sponsors are supposed to file I-865.

[Villanelle 4,122]

sponsors do not have to file an Ar-11 when they move, only the beneficiary does.

sorry I meant I 865 for spouse.. Thanks!