2nd Nitpicky N400 Interview

[JeanneAdil 6,510]

we too were disappointed when the lady did not approve us the day of interview 

she took me back after he passed all tests and asked my "former husband's birthday" that is the way she put it

she then said your (current) husband doesn't know this

i said why should he the guy died 2 years before we met

she said " i didn't know he had passed"   

i said the proof is there on your desk in that huge packet 

anyway,  that was Friday

our notice of appoval came Monday / mailed out that same day of the interview

 

and wonder what USCIS does when someone lives on a boat or an RV

and i know many truck drivers who live in their cab (some of these costs more than a house)  and use a relative for home address and bank account

anyone seeing the number of 18 wheelers on the road knows this

Sorry as i know how you feel / we were married over 9 years when we went for the 400 

but don't blame immigration

for over 20 years politicians have said "we need to change immigration"  i have yet to see a committee from Congress appointed to study the problems 

you can research the list of senators and see the committees they serve on / there is DHS but none specific to immigration 

[afrocraft 313]

As others have said, this sucks for you, but understand that there are really important legal questions that are not easily resolved at one interview. 

 

You've already learned the hard way that your wife must meet a state residence requirement to be naturalized, per the USCIS Policy Manual:

Quote

A. Three-Month Residency Requirement (in State or Service District)
In general, an applicant for naturalization must file his or her application for naturalization with the state or service district that has jurisdiction over his or her place of residence. The applicant must have resided in that location for at least three months prior to filing.  

USCIS must do a factual determination of the state of residence; you can't just "claim" a state you prefer:

Quote

 

B. Place of Residence

The applicant’s “residence” refers to the applicant’s principal, actual dwelling place in fact, without regard to intent.

 

Your special circumstance makes this determination trickier, so a delay in adjudication is inconvenient but understandable:

Quote

 

C. Place of Residence in Certain Cases
There are special considerations regarding the place of residence for the following applicants:

5. Residence in Multiple States
If an applicant claims residence in more than one state, the residence for purposes of naturalization will be determined by the location from which the applicant’s annual federal income tax returns have been and are being filed.

 

So the state listed on your federal tax return will probably prevail.

[Nitas_man 3,100]

TN is often a tactically selected state to “reside” in due to no state income tax.  

 

Adjudicators aren’t stupid. 

[afrocraft 313]

On 7/27/2019 at 11:37 AM, Nitas_man said:

TN is often a tactically selected state to “reside” in due to no state income tax.  

Interesting... I didn't know that.

[insipidtoast 3]

Approved.

[jamrep 105]

2 hours ago, insipidtoast said:

Approved.

congratulations