Please Help!!! Received 10 year GC but N400 DENIED

[USAUG 2]

Hello,

I need help. My friend is married to an American . she was approved for 10 year green card but N400 denied. She had applied for N400 while waiting on the I-751 which was approved but got a notice next day saying N400 had been denied because she didnt have enough evidence to show she was living in a marital union with her husband. Husband lives in AL and she moved to MD because she got a job but they used to visit each other back and forth. She was denied because according to the letter, " you have not been living in marital union with your husband, documents submitted show you have been living in MD without your husband. Any advice on what to do? Should she appeal? Should she wait and reapply after some years? What happens if she appeals and is denied? Husband has 3 kids and she has 4 kids. They each file married but separate. They gave in tickets to show travel to go see each other, he is on her lease, insurance. WHat other evidence would help their case?Thank you so much for all answere

[aaron2020 11,651]

The N-400 was properly denied.  They are not living together.  That's a requirement to file under the 3 years rule.  

An appeal will be unsuccessful.

Wait to file under the 5 years rule.

https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-2

 

D. Marital Union and Living in Marital Union

1. Married and Living in Marital Union

In general, all naturalization applicants filing on the basis of marriage to a U.S. citizen must continue to be the spouse of a U.S. citizen from the time of filing the naturalization application until the applicant takes the Oath of Allegiance. In addition, some spousal naturalization provisions require that the applicant “live in marital union” with his or her citizen spouse for at least 3 years immediately preceding the date of filing the naturalization application. ^[19] USCIS considers an applicant to “live in marital union” with his or her citizen spouse if the applicant and the citizen actually reside together.

An applicant does not meet the married and “living in marital union” requirements if:

• The applicant is not residing with his or her U.S. citizen spouse at the time of filing or during the time in which the applicant is required to be living in marital union with the U.S. citizen spouse; or

• The marital relationship is terminated at any time prior to taking the Oath of Allegiance.

If the applicant ceases to reside with his or her U.S. citizen spouse between the time of filing and the time at which the applicant takes the Oath of Allegiance, the officer should consider whether the applicant met the living in marital union requirement at the time of filing.

There are limited circumstances where an applicant may be able to establish that he or she is living in marital union with his or her citizen spouse even though the applicant does not actually reside with the citizen spouse. ^[20] 

In all cases where it is applicable, the burden is on the applicant to establish that he or she has lived in marital union with his or her U.S. citizen spouse for the required period of time. ^[21] 

Edited July 8, 2020 by aaron2020

[USAUG 2]

4 minutes ago, aaron2020 said:

The N-400 was properly denied.  They are not living together.  That's a requirement to file under the 3 years rule.  

An appeal will be unsuccessful.

Wait to file under the 5 years rule.

https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-2

 

D. Marital Union and Living in Marital Union

1. Married and Living in Marital Union

In general, all naturalization applicants filing on the basis of marriage to a U.S. citizen must continue to be the spouse of a U.S. citizen from the time of filing the naturalization application until the applicant takes the Oath of Allegiance. In addition, some spousal naturalization provisions require that the applicant “live in marital union” with his or her citizen spouse for at least 3 years immediately preceding the date of filing the naturalization application. ^[19] USCIS considers an applicant to “live in marital union” with his or her citizen spouse if the applicant and the citizen actually reside together.

An applicant does not meet the married and “living in marital union” requirements if:

• The applicant is not residing with his or her U.S. citizen spouse at the time of filing or during the time in which the applicant is required to be living in marital union with the U.S. citizen spouse; or

• The marital relationship is terminated at any time prior to taking the Oath of Allegiance.

If the applicant ceases to reside with his or her U.S. citizen spouse between the time of filing and the time at which the applicant takes the Oath of Allegiance, the officer should consider whether the applicant met the living in marital union requirement at the time of filing.

There are limited circumstances where an applicant may be able to establish that he or she is living in marital union with his or her citizen spouse even though the applicant does not actually reside with the citizen spouse. ^[20] 

In all cases where it is applicable, the burden is on the applicant to establish that he or she has lived in marital union with his or her U.S. citizen spouse for the required period of time. ^[21] 

Thank you for your reply. So she will have been in the country 5 years since Feb 2020. What would they apply for now?

[igoyougoduke 1,656]

5 years from the day of receiving green card 

[Lucky2Lucky 2,526]

29 minutes ago, USAUG said:

Hello,

I need help. My friend is married to an American . she was approved for 10 year green card but N400 denied. She had applied for N400 while waiting on the I-751 which was approved but got a notice next day saying N400 had been denied because she didnt have enough evidence to show she was living in a marital union with her husband. Husband lives in AL and she moved to MD because she got a job but they used to visit each other back and forth. She was denied because according to the letter, " you have not been living in marital union with your husband, documents submitted show you have been living in MD without your husband. Any advice on what to do? Should she appeal? Should she wait and reapply after some years? What happens if she appeals and is denied? Husband has 3 kids and she has 4 kids. They each file married but separate. They gave in tickets to show travel to go see each other, he is on her lease, insurance. WHat other evidence would help their case?Thank you so much for all answere

What would they appeal? You have to be living together which they are not; it was rightfully denied. Once she hits the 5 year mark she can apply for naturalization based on her own accord. She did not meet the requirements under the 3 year rule.

Edited July 8, 2020 by Luckycuds

[USAUG 2]

13 minutes ago, Luckycuds said:

What would they appeal? You have to be living together which they are not; it was rightfully denied. Once she hits the 5 year mark she can apply for naturalization based on her own accord. She did not meet the requirements under the 3 year rule.

Thank You. 2 of her kids will be 18 and 20 in the 5 years after getting 10 year GC(GC was received this month). Does she apply separately for them or together with her?

[aaron2020 11,651]

7 minutes ago, USAUG said:

Thank You. 2 of her kids will be 18 and 20 in the 5 years after getting 10 year GC(GC was received this month). Does she apply separately for them or together with her?

Only LPR children that are under age 18 on the day she takes the oath (NOT WHEN SHE FILES THE N-400) will derive US citizenship from her.

LPR children age 18 or older will have to file their own N-400.

[Lucky2Lucky 2,526]

32 minutes ago, USAUG said:

Thank You. 2 of her kids will be 18 and 20 in the 5 years after getting 10 year GC(GC was received this month). Does she apply separately for them or together with her?

No no it’s 5 years after she received her initial green card. She probably has 2 years left.

[USAUG 2]

24 minutes ago, aaron2020 said:

Only LPR children that are under age 18 on the day she takes the oath (NOT WHEN SHE FILES THE N-400) will derive US citizenship from her.

LPR children age 18 or older will have to file their own N-400.

And we are talking the 10 year Green card not 2 year GC to file after 5 years on her own, right?

[USAUG 2]

1 minute ago, Luckycuds said:

No no it’s 5 years after she received her initial green card. She probably has 2 years left.

Oh so its the 2 year GC? She just got the 10 year card this month. When you guys say she files on her own, what form would she be filing? She is still married so this is confusing. 

[aaron2020 11,651]

1 minute ago, USAUG said:

And we are talking the 10 year Green card not 2 year GC to file after 5 years on her own, right?

Please read the instructions for form N-400.

 

It's 5 years of having a green card; i.e. being an LPR.  There's no distinction between the 10 years GC or 2 years GC.  

[Lucky2Lucky 2,526]

2 minutes ago, USAUG said:

And we are talking the 10 year Green card not 2 year GC to file after 5 years on her own, right?

No, her first green card she ever received. She can file 5 years from the date that was issued. 

Just now, USAUG said:

Oh so its the 2 year GC? She just got the 10 year card this month. When you guys say she files on her own, what form would she be filing? She is still married so this is confusing. 

Same N400 form- less supporting documents needed when Applying via the 5 year rule. 

[aaron2020 11,651]

Just now, USAUG said:

Oh so its the 2 year GC? She just got the 10 year card this month. When you guys say she files on her own, what form would she be filing? She is still married so this is confusing. 

OH GEE!!!!

 

SAME AS LAST TIME.  FORM N-400.  The 5 years rule has nothing to do with her marriage.

PLEASE READ THE INSTRUCTIONS FOR FORM N-400.

[USAUG 2]

I  really do appreciate your replies. I will read the N400 some more. 5 years was Feb 2020 so she is now going to reapply on her own

[Allaboutwaiting 2,503]

Under certain circumstances an applicant may be able to establish that he or she is living in marital union with his or her U.S. citizen spouse even though the applicant does not actually reside with citizen spouse. An applicant is not made ineligible for naturalization for not living in marital union if the separation is due to circumstances beyond his or her control, such as: 

• Service in the U.S. armed forces; or
• Required travel or relocation for employment

If relocation for employment applies to your friend, she can request a hearing by submitting a Form N-336, within 30 days after receiving the denial notice.

Once the form is submitted, she can have a hearing scheduled before an immigration officer to present additional documentation and testimony in support of her eligibility.