N-400 Interview ended with an issue

[plainperson 0]

Hi, 

I am married and applied in Sep 2016 N-400 based on married to US citizen and 3 year rule. 

Went to interview on April 06 2018 and my attorney was present at the time. Officer asked if we would like to go with 3 yr marriage or 5 year green card rule. Attorney suggested to change the application to be reviewed as 5 yr rule since application is delayed already(filed Sep 2016) and change it to 5 year rule which the officer gladly changed. 

Took the oath to start the interview. 

Informed the officer to add one trip to Canada(6 days) which i forgot to list. Added an old traffic ticket in 2012 to the application. Added the overseas trip to Pakistan(28 days) to the application which i took after filling N 400. 

Office started with the reading/writing/civic questions test which i passed. 

Officer reviewed the information in the application and verified with me. Then asked the questions which were No on my application and specifically marked question 31 and 32. Asked me to initial those questions and date. 

Resumed the further questions and completed this step of application review. Asked me to sign, Print and Date on the N 400 application. 

Printed a page and asked me to review my name and other details and sign at the bottom with date. 

He told me that he has additional questions while the computer is now back online after checking some information. 

He told me that I came to US as visitor which i affirmed yes and then told me you got married while on the visit which i said yes. 
Let me add the background here for the readers: [we did the court marriage DEC 2007 and since i got admission in Masters here, it was decided that i will go to Pakistan to get F1 visa and we will do the ceremony after i will be back and plan to live together) 

I went and got F1 visa and since the ceremony hadn't take place, i declared my self as "Single" on F1 visa application based on my understanding that the marriage is not complete as we just did the court marriage and didn't not consummate the marriage and the ceremony is not done yet and neither we started living together at any place. 

I came back in Sep 2008 but due to some reasons the circumstances led to divorce(summary of dissolution of marriage in CA), filed in Jan 2009 and finalized July 2009 by the court in CA. Got married to US citizen in 2012 again. 

Lastly the officer asked the question can you give an explanation and on a paper why you did declare yourself single in the F1 visa application. I did discuss with the attorney as we were taken by surprise on this and gave the explanation of my understanding as above and sign the paper which he added to the file. 

He said he is going to send this n-400 file for the supervisor review and i will be informed in the next 30 - 45 days. 

At this point i am very unsure and in chaos as what will be the outcome based on the scenario above; and should i prepare myself of any possible outcome which any of the members might know and can tell me here so i can live in reality to face the next stage of life. 

We are also expecting a kid so its very stressful for us to go through this time at the moment not knowing whats gonna happen; i hope everyone understands. 

Any information or advice from any one will be very appreciative. 

Thanks

[juliava 80]

Unfortunately nobody can tell you for sure what would be the outcome. At this point, all you may see here would be pure speculations. Obviously, your entry in the US on F1 visa may be interpreted as fraudulent because at that time you were formally married and that was not mentioned in the application. There is not much you can do at this point other than waiting for a response. Also I wonder why did you need an attorney to come with you in the first place? 

[Going through 5,671]

21 minutes ago, plainperson said:

Let me add the background here for the readers: [we did the court marriage DEC 2007 and since i got admission in Masters here, it was decided that i will go to Pakistan to get F1 visa and we will do the ceremony after i will be back and plan to live together) 

I went and got F1 visa and since the ceremony hadn't take place, i declared my self as "Single" on F1 visa application based on my understanding that the marriage is not complete as we just did the court marriage and didn't not consummate the marriage and the ceremony is not done yet and neither we started living together at any place. 

Legally you were married----whether just in a courtroom or in a huge blow-out church ceremony and reception.  It was a legal wedding ceremony...whether you lived together or not is irrelevant.  You were married at the time you filed your F1 visa.

 

That being said:   Based on the 5-year rule, your marital status is irrelevant at this stage.   Even more irrelevant is your first marriage/divorce at this stage.

 

HOWEVER----

 

What it sounds like now, is that the IO is trying to determine whether you were properly approved for the initial GC in the first place given the conflicting info on your F1 visa.   At this stage, all you can really do is await their decision.

 

 

Edited April 13, 2018 by Going through

[arken 4,197]

Hopefully, you’ll get your N400 approved but can’t say for sure. Your declaration as “Single” for F1 visa was definitely a mistake on your part as you were already married. Just hope that the officer doesn’t take that as the immigration fraud. 

Good luck.

[moonsky 20]

On 4/12/2018 at 8:17 PM, Going through said:

Legally you were married----whether just in a courtroom or in a huge blow-out church ceremony and reception.  It was a legal wedding ceremony...whether you lived together or not is irrelevant.  You were married at the time you filed your F1 visa.

 

That being said:   Based on the 5-year rule, your marital status is irrelevant at this stage.   Even more irrelevant is your first marriage/divorce at this stage.

 

HOWEVER----

 

What it sounds like now, is that the IO is trying to determine whether you were properly approved for the initial GC in the first place given the conflicting info on your F1 visa.   At this stage, all you can really do is await their decision.

 

 

I think it was likely about the moral character, not the marriage itself. Like you gotta be truthful and you raised your hand to promise to tell the truth.

Edited April 15, 2018 by moonsky

[Going through 5,671]

3 hours ago, moonsky said:

I think it was likely about the moral character, not the marriage itself. Like you gotta be truthful and you raised your hand to promise to tell the truth.

More than just that, though.

The OP signed a sworn statement that everything in his previous F1 visa was accurate and truthful.  It wasn't.  Now, it appears that misrepresentation may be coming back to bite him years later.

[mhis82 13]

On ‎04‎/‎12‎/‎2018 at 7:57 PM, plainperson said:

Hi, 

I am married and applied in Sep 2016 N-400 based on married to US citizen and 3 year rule. 

Went to interview on April 06 2018 and my attorney was present at the time. Officer asked if we would like to go with 3 yr marriage or 5 year green card rule. Attorney suggested to change the application to be reviewed as 5 yr rule since application is delayed already(filed Sep 2016) and change it to 5 year rule which the officer gladly changed. 

Took the oath to start the interview. 

Informed the officer to add one trip to Canada(6 days) which i forgot to list. Added an old traffic ticket in 2012 to the application. Added the overseas trip to Pakistan(28 days) to the application which i took after filling N 400. 

Office started with the reading/writing/civic questions test which i passed. 

Officer reviewed the information in the application and verified with me. Then asked the questions which were No on my application and specifically marked question 31 and 32. Asked me to initial those questions and date. 

Resumed the further questions and completed this step of application review. Asked me to sign, Print and Date on the N 400 application. 

Printed a page and asked me to review my name and other details and sign at the bottom with date. 

He told me that he has additional questions while the computer is now back online after checking some information. 

He told me that I came to US as visitor which i affirmed yes and then told me you got married while on the visit which i said yes. 
Let me add the background here for the readers: [we did the court marriage DEC 2007 and since i got admission in Masters here, it was decided that i will go to Pakistan to get F1 visa and we will do the ceremony after i will be back and plan to live together) 

I went and got F1 visa and since the ceremony hadn't take place, i declared my self as "Single" on F1 visa application based on my understanding that the marriage is not complete as we just did the court marriage and didn't not consummate the marriage and the ceremony is not done yet and neither we started living together at any place. 

I came back in Sep 2008 but due to some reasons the circumstances led to divorce(summary of dissolution of marriage in CA), filed in Jan 2009 and finalized July 2009 by the court in CA. Got married to US citizen in 2012 again. 

Lastly the officer asked the question can you give an explanation and on a paper why you did declare yourself single in the F1 visa application. I did discuss with the attorney as we were taken by surprise on this and gave the explanation of my understanding as above and sign the paper which he added to the file. 

He said he is going to send this n-400 file for the supervisor review and i will be informed in the next 30 - 45 days. 

At this point i am very unsure and in chaos as what will be the outcome based on the scenario above; and should i prepare myself of any possible outcome which any of the members might know and can tell me here so i can live in reality to face the next stage of life. 

We are also expecting a kid so its very stressful for us to go through this time at the moment not knowing whats gonna happen; i hope everyone understands. 

Any information or advice from any one will be very appreciative. 

Thanks

I am highly positive that your N400 will be approved regardless you forgot to mention your Married status on your F1 visa. People do mistakes all the time, and I am sure this mistake is not worth denying your n400 application.

It will go through supervisor review for sometime, and eventually it will be approved. Your married status had nothing to do with your F1 approval, so it not the case...

 

[TBoneTX 45,863]

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

[Dallas39 21]

Stay positive OP. I hope you hear some good news soon.