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

[USAUG 2]

13 minutes ago, Luckycuds said:

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

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

Thank you for replying. Does she still have to say she is married?

[aaron2020 11,651]

5 minutes ago, USAUG said:

Thank you for replying. Does she still have to say she is married?

If she is married when she files the N-400, then of course she has to say that she is married. 

Under the 5 years rule, she doesn't have to show a bona fide marriage like she would have to under the 3 years rule.  

[geowrian 22,337]

As noted, the presumption is that marital union was broken due to living apart.

Also as noted, it is possible to demonstrate with evidence that the marital union was not actually broken despite living apart.

So I disagree that an appeal cannot apply. But the burden would be on them to overcome that presumption...merely saying they were living apart due to work won't cut it.

IMHO, waiting for the 5 year rule is probably better. An appeal can apply if you have evidence and want to try it, but unless there is a strong reason to get citizenship ASAP (which is going to still be several months for an appeal and such), I'd just go with the 5 year and wash my hands of the issue.

[USAUG 2]

13 minutes ago, aaron2020 said:

If she is married when she files the N-400, then of course she has to say that she is married. 

Under the 5 years rule, she doesn't have to show a bona fide marriage like she would have to under the 3 years rule.  

Thank you so much for your reply

[USAUG 2]

1 minute ago, geowrian said:

As noted, the presumption is that marital union was broken due to living apart.

Also as noted, it is possible to demonstrate with evidence that the marital union was not actually broken despite living apart.

So I disagree that an appeal cannot apply. But the burden would be on them to overcome that presumption...merely saying they were living apart due to work won't cut it.

IMHO, waiting for the 5 year rule is probably better. An appeal can apply if you have evidence and want to try it, but unless there is a strong reason to get citizenship ASAP (which is going to still be several months for an appeal and such), I'd just go with the 5 year and wash my hands of the issue.

Thank you for reply. Yes it was just work that kept them apart. She found a good job in MD and couldnt turn it down after failing to find a job in AL. Feb 2020 will have been 5 years since she got the green card. So she is going to reapply again since she doesnt have enough evidence to support living apart even if they were flying back and forth to see eachother.

[Timona 4,177]

@USAUG I'll try and dim it down..you can apply for citizenship under the 3 years or 5 years. 

Now, the 3 or 5 years is calculated starting from the "Residence Since Date" written on the GC she has, whether 10/ 2 year GC. 

 

Now, for you to apply under 3 year rule, you have to prove that you have been continuously living with your US spouse for the past 3 years since your "residence since date." This is what she was denied on.

 

For you to apply under 5 year rule, all you just have to do is make sure it's 5 years from "Residence since date" printed on your GC.

 

 

[millefleur 5,043]

**Moved from ROC Discussion to US Citizenship General Discussion**

[Ontarkie 14,143]

~~Hijack post and replies that derailed this thread removed. Please start your own thread for questions about your own case.~~

[Diane and Chris 651]

4 hours ago, USAUG said:

Thank you for replying. Does she still have to say she is married?

If she is married, she does. 

[David_n400 3]

6 hours 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

Hi, I am in the same boat.  I worked nearly 20 months out of the state where my US citizen spouse resides( we are still married). I used to come back home every two weeks. 
Was your friend separated as you mentioned " They each file married but separate"? When was her 10 year green card approved. I am scared they might even reject my I-751 application as I was working out of the state. For the last six months, I am working in our residence state(where my spouse lives). Will it affect me as my I-751 is not approved yet?

 

USCIS has mentioned that " Involuntary Separation

Under very limited circumstances and where there is no indication of marital disunity, 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: ^[32] 

• Service in the U.S. armed forces; or

• Required travel or relocation for employment"

Has she contacted any lawyer? What can happens if she looses appeal?

 

Thanks

 

[USAUG 2]

5 hours ago, David_n400 said:

Hi, I am in the same boat.  I worked nearly 20 months out of the state where my US citizen spouse resides( we are still married). I used to come back home every two weeks. 
Was your friend separated as you mentioned " They each file married but separate"? When was her 10 year green card approved. I am scared they might even reject my I-751 application as I was working out of the state. For the last six months, I am working in our residence state(where my spouse lives). Will it affect me as my I-751 is not approved yet?

 

USCIS has mentioned that " Involuntary Separation

Under very limited circumstances and where there is no indication of marital disunity, 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: ^[32] 

• Service in the U.S. armed forces; or

• Required travel or relocation for employment"

Has she contacted any lawyer? What can happens if she looses appeal?

 

Thanks

 

Hello David, sorry for the confusion. They are still married but been filing as  married but filing separately. She has been living in MD since 2017. She failed to get a job in AL but got a good job in MD, and he failed to get a job in MD so decided to stay in AL and they would fly back and forth. She just got her 10 year last month. Basically her I-751 was approved the 29th June and N400 denial June 30th. Per replies from different people they didnt fulfill the 3 year marital union rule so she isnt going to appeal but file N400 again since she has now been here 5 years. She hasn't contacted any lawyers and doesnt plan to. Have you applied for the N400? Seems like the I-751 takes long. If you have all the evidence of working out of state and visit ing your spouse, I dont think you removal of conditions will be denied. It's the Naturalization that might be. If you havent filed the N400 I would wait till you have been here 5 years. I got so much good advice for her from all these replies. 

[USAUG 2]

9 hours ago, Timona said:

@USAUG I'll try and dim it down..you can apply for citizenship under the 3 years or 5 years. 

Now, the 3 or 5 years is calculated starting from the "Residence Since Date" written on the GC she has, whether 10/ 2 year GC. 

 

Now, for you to apply under 3 year rule, you have to prove that you have been continuously living with your US spouse for the past 3 years since your "residence since date." This is what she was denied on.

 

For you to apply under 5 year rule, all you just have to do is make sure it's 5 years from "Residence since date" printed on your GC.

 

 

Thank you Timona. Her residence since is Feb 2015. So she can now apply for naturalization again on her own? Just reapply for N400. Can she even reapply this month since it's already been 5 years Feb 2020? 

[USAUG 2]

6 hours ago, Diane and Chris said:

If she is married, she does. 

Thank you. 

[Canerican 242]

1 hour ago, USAUG said:

Thank you Timona. Her residence since is Feb 2015. So she can now apply for naturalization again on her own? Just reapply for N400. Can she even reapply this month since it's already been 5 years Feb 2020? 

Just to clarify, it took from Feb 2017 or earlier till now, about 3 years, to get conditions removed? Indeed, if her residence since date is Feb 2015 then I would reapply under the 5 year rule, but make sure cause it would be a shame to spend that money and get denied again. 

[Crazy Cat 41,288]

I can't figure out why they are filing taxes separately.......