N400 Denied - Suggestions.. advice?

[nabeel24 3]

10 hours ago, Santos12 said:

You can actually file up to 90 days before the 3-year rule or the 5-year rule. 

So 2 years and 9 months or 4 years and 9 months respectively as a permanent resident. It’s the first time I’ve heard someone being denied on the spot like that. Usually they reschedule you for another interview. 

 

Yep. To clarify, I wasn't denied on the spot of my interview. I just received the denial notice through email yesterday. Interview was on 04/12. 

[nabeel24 3]

2 hours ago, KVE said:

The requirements under marriage are way more stringent than the 5 year route. I got it through marriage but I have 3 kids, joint credit cards, accounts, beneficiaries on all our insurances, etc. I work 30 minutes away from my wife and took her to the interview. I also took photo books there.

 

Once the person saw my wife in the lobby he wanted her to join us and also started scrolling through the photo books. I think that made him feel comfortable that my marriage was legit. It was a breeze from there, I even took out all the documents (about 3 inch stack) and he never wanted to see anything from there. I probably spent 10 hours collating evidence for him to ask nothing. Guess pictures really are worth a 1000 words.

 

I wouldn’t be surprised if it was the proof that your marriage was legitimate.

 

Yeah, I get that. It just sucks that we don't have more proof but what can we do... I thought maybe the lease's (although not 3 years back) would show the marital union. 

 

After reading some reviews here, I actually took my wife to the interview as well but that seemed to have little effect as the interviewer didn't ask for her or even look at her. But lesson learned I guess. Hopefully the denial is only because of that and nothing else. 

[tatisvans 36]

20 hours ago, nabeel24 said:

 

Yep. The only reason I applied under the 3-year rule is because at the time of application I was 4 months away from being eligible to apply under the 5-year rule. So we figured, let's just do it under marriage. Since then my 5-year mark has passed so IF need be, I'll apply under that. I just cannot believe that it was denied in the first place. The only reason I could think of is not having a joint account of any sort but that shouldn't be a make it or break it sort of thing. 

 

No reason, was just told she needs to review my file. I haven't even gone outside the U.S. in 18 years, which is when I came to the U.S. 

No criminal history, for the traffic ticket in 08/2016, it was initially filed under reckless driving which is a misdemeanor in VA but was dropped to regular traffic fine due to me never having any other ticket on my record. Absolutely no other criminal record for me.  

I am so sorry for your denial. 

 

My question is, why you were not able to apply through the 5 year rule if you said you have been in the US for 18 years? So what was your status during the first 13 years of living in the US? That may be a factor.

 

Also, I don't think you would be deny over applying under the wrong categorie, because the IO can perfectly fix that on the computer. 

I have been here over 6 years, but I applied under the 3 years rule, trough marriage, I thought that was the way to do it since that was the way I became to be a Resident in the first place... the day of my interview the IO told me I applied under the wrong category and then she fixed my application over the computer.

From my heart I wish you an easy and smooth process the next round.

Edited May 13, 2018 by tatisvans

[nabeel24 3]

4 minutes ago, tatisvans said:

I am so sorry for your denial. 

 

My question is, why you were not able to apply through the 5 year rule if you said you have been in the US for 18 years? So what was your status during the first 13 years of living in the US? That may be a factor.

 

Also, I don't think you would be deny over applying under the wrong categorie, because the IO can perfectly fix that on the computer. 

I have been here over 6 years, but I applied under the 3 years rule, trough marriage, I thought that was the way to do it because that was the way I became to be a Resident in the first place... the day of my interview the IO told me I applied under the wrong category and then she fix my application.

From my heart I wish you an easy and smooth process the next round.

 

Thank you! I am mid 20's now so during that time I was a bit young to know the details but as far as what I can recall... My dad had filed through "Family Petition" and "Employee Petition" so that took a very long time to get approved. Initially came on an F1 visa and then applied via family petition (I-130 I believe). 

[Villanelle 4,122]

Did you talk in the interview about how you pretended not to be married for benefits at the job? Thats probably the reason for denial. 

[nabeel24 3]

4 minutes ago, Damara said:

Did you talk in the interview about how you pretended not to be married for benefits at the job? Thats probably the reason for denial. 

Nope. We actually told our Manager at the workplace. He just stated they can't/won't do anything till her last name changes if they even did anything. So we pro-longed it, we ended up leaving a couple months later and never though of the name change for a while. 

 

[Villanelle 4,122]

Hmm then I dont know. Theres a chance they will be denying you because of an error (thinking you need the GC from marriage) If they do then you can appeal if not and its because of lack of proof of the marriage you are better off reapplying. 

 

I have no idea how soon you can reapply. I believe its as soon as you get the denial but if the wording on it states like you suggested that it doesnt become "final" until 30 days then you need to wait the 30 days. Wait for the letter and post what it says here. 

[Name O Boy 511]

I am sorry for your denial. As many mentioned in this thread you are denied rightly because you are not eligible to file on 3 years marriage policy. You are eligible to file under 5-year permanent residency rule. You got your GC initially through your family, not through your wife. The 3-year naturalization is for those who got their GC through marriage with the U.S citizen spouse. Your naturalization eligibility is not established through your marriage regardless of your spouse U.S citizenship. You have also mentioned the lack of evidence you provided which is not an issue at all. In short, they deny you because you filed under a wrong category.  I have attached the policy manual which will clarify all the ambiguity for you, regards.

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter3.html

Edited May 13, 2018 by Name O Boy

[nabeel24 3]

15 hours ago, Name O Boy said:

I am sorry for your denial. As many mentioned in this thread you are denied rightly because you are not eligible to file on 3 years marriage policy. You are eligible to file under 5-year permanent residency rule. You got your GC initially through your family, not through your wife. The 3-year naturalization is for those who got their GC through marriage with the U.S citizen spouse. Your naturalization eligibility is not established through your marriage regardless of your spouse U.S citizenship. You have also mentioned the lack of evidence you provided which is not an issue at all. In short, they deny you because you filed under a wrong category.  I have attached the policy manual which will clarify all the ambiguity for you, regards.

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter3.html

 

So I looked over that document, it specifically states that spouse must have resided as an LPR for 3 years and in marital union but no where that you needed to receive your GC through marriage as well. Is there a specific line where you're referring to? I just see it state you have to be a LPR and married to a citizen. 

[Starkilla09 366]

15 hours ago, Name O Boy said:

I am sorry for your denial. As many mentioned in this thread you are denied rightly because you are not eligible to file on 3 years marriage policy. You are eligible to file under 5-year permanent residency rule. You got your GC initially through your family, not through your wife. The 3-year naturalization is for those who got their GC through marriage with the U.S citizen spouse. Your naturalization eligibility is not established through your marriage regardless of your spouse U.S citizenship. You have also mentioned the lack of evidence you provided which is not an issue at all. In short, they deny you because you filed under a wrong category.  I have attached the policy manual which will clarify all the ambiguity for you, regards.

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter3.html

It doesn’t matter how you got your green card initially. Anyone is eligible to file under 3 year rule provided they’re married to a U.S. citizen for the past 3 years and the spouse has equally been a U.S. citizen for those years and they meet all other requirements. Many have been able to naturalize as such without any hiccups. I know people who got their green cards through asylum and the DV lottery and even naturalized on this basis of INA before they clocked 5 years.

Edited May 14, 2018 by Starkilla09

[Cincyman 127]

Sorry for your denial.

Yes this is weird! I don't know what is the problem, but for sure the problem is not how you received your GC. It does not matter if you received your Green Card trough your spouse or any other way to apply under 3 years rule. Just you must be LPR & married to a USC at least in the last 3 years. 

I wish you all the best & a good luck in your next turn. 

[Life_love 45]

wow!! you learn something new everyday, i didn't know that. I naturally assumed the 3 year qualifier applies if you got your GC via marriage to the said spouse. Either way i am very curious to know why the case was denied...so we can also learn from it. So please keep us updated and good luck on your case. Since you're planning on refilling under the 5 year rule, things should move much more easily than this. 

 

Best of luck to you and God bless.

[mushroomspore 3,044]

@nabeel24 Any updates on your case? I'm curious as to why you got denied as well.

[nabeel24 3]

3 minutes ago, mushroomspore said:

@nabeel24 Any updates on your case? I'm curious as to why you got denied as well.

 

Hey. Yeah there is since I just got the letter today. I will post the info in a new thread since I'm going to need advice for this and because it's very much different that why I thought. 

[ApplyingforN400 126]

9 hours ago, nabeel24 said:

 

Hey. Yeah there is since I just got the letter today. I will post the info in a new thread since I'm going to need advice for this and because it's very much different that why I thought. 

Let us know