Confused - Denied Naturalization but just got approved.

[cajenigs 1]

Hi everyone,

 

My wife was denied naturalization in April 2020.  We have a very complicated case.  Her lawyer immediately filed a ‘Request for a hearing”.  We have been waiting to hear something from USCIS giving us a date to have to go to this hearing.  I didn’t figure it would be soon due to COVID.  
 

Well today I woke up to an email notice that said “We have taken action on your case.”  I logged in expecting to find the future dates for our hearing.  Instead it said, “We approved your application.  July 24, 2020.”

 

I am shocked.  Is this real?  What happened to the hearing?  My wife and I are too afraid to celebrate because we can’t believe this is real.  I thought they wouldn’t decide before a hearing.  Is my wife going to be a citizen????

 

Thank you to anyone who knows these answers.  I have contacted her lawyer but it’s Saturday and he won’t answer until Monday.

 

Jen

[bing10 114]

9 minutes ago, cajenigs said:

Hi everyone,

 

My wife was denied naturalization in April 2020.  We have a very complicated case.  Her lawyer immediately filed a ‘Request for a hearing”.  We have been waiting to hear something from USCIS giving us a date to have to go to this hearing.  I didn’t figure it would be soon due to COVID.  
 

Well today I woke up to an email notice that said “We have taken action on your case.”  I logged in expecting to find the future dates for our hearing.  Instead it said, “We approved your application.  July 24, 2020.”

 

I am shocked.  Is this real?  What happened to the hearing?  My wife and I are too afraid to celebrate because we can’t believe this is real.  I thought they wouldn’t decide before a hearing.  Is my wife going to be a citizen????

 

Thank you to anyone who knows these answers.  I have contacted her lawyer but it’s Saturday and he won’t answer until Monday.

 

 

I'd guess they reviewed her case and found that they made a mistake. Hopefully this isn't a glitch.

 

May I ask what the complications were?

 

[cajenigs 1]

21 minutes ago, bing10 said:

May I ask what the complications were?

 

My wife is Filipino and had been married before.  We researched ways for to divorce or annul her husband and ended up going with an American lawyer who was less than scrupulous.  He lied to us and gave her fake annulment papers.  In the meantime, her ex filed for annulment in the Philippines. It took a while but it was finally granted in 2017.  So they were looking at this as a bigamy case but we have jumped through every hoop trying to fix it legally.  I guess someone at USCIS finally realized that she is in fact separated from her husband.

[bing10 114]

1 minute ago, cajenigs said:

My wife is Filipino and had been married before.  We researched ways for to divorce or annul her husband and ended up going with an American lawyer who was less than scrupulous.  He lied to us and gave her fake annulment papers.  In the meantime, her ex filed for annulment in the Philippines. It took a while but it was finally granted in 2017.  So they were looking at this as a bigamy case but we have jumped through every hoop trying to fix it legally.  I guess someone at USCIS finally realized that she is in fact separated from her husband.

 

Wow, you guys have really had a tough time. 

 

I hope the status is correct on the online account. Please report back here with the good news!

 

[cajenigs 1]

2 minutes ago, bing10 said:

 

Wow, you guys have really had a tough time. 

 

I hope the status is correct on the online account. Please report back here with the good news!

 

Yeah...it’s been a very rough road.  I really am hoping this is true.  I really am excited and nervous, lol.

[SalishSea 17,336]

I agree, it looks like there was a correction to their own error at USCIS, perhaps with an in-depth review of the entire file.  With reduced staff and social distancing, it makes sense that they would try to do whatever they can to investigate a case thoroughly before an in-person hearing.

 

FWIW, I think congratulations are in order!  Please let us know what you find out on Monday.

[cajenigs 1]

16 minutes ago, Jorgedig said:

I agree, it looks like there was a correction to their own error at USCIS, perhaps with an in-depth review of the entire file.  With reduced staff and social distancing, it makes sense that they would try to do whatever they can to investigate a case thoroughly before an in-person hearing.

 

FWIW, I think congratulations are in order!  Please let us know what you find out on Monday.

I like the way you think!  I hope we have a celebration soon!  I have been so worried about this for so long now.  I hope this chapter of our life is almost over so we can begin the next chapter!

 

Jen

[Diane and Chris 651]

Just wondering. Did she have an interview and take the citizenship test?  If so, when did this happen?  Best wishes!

[cajenigs 1]

2 hours ago, Diane and Chris said:

Just wondering. Did she have an interview and take the citizenship test?  If so, when did this happen?  Best wishes!

She did.  Her interview was 4/17/20.  Just about a week later we were notified that her naturalization was denied.  That’s when her lawyer filed an N-366 - Notice for a hearing and prepared more documents for the appeal.  We were just sitting here waiting for an appeal date.

[user555 196]

19 hours ago, cajenigs said:

So they were looking at this as a bigamy case but we have jumped through every hoop trying to fix it legally.

I'm surprised they did approve it because she was still married to the other guy in 2013 when you guys married. USCIS didn't ask for a CENOMAR?  

[cajenigs 1]

2 hours ago, user555 said:

I'm surprised they did approve it because she was still married to the other guy in 2013 when you guys married. USCIS didn't ask for a CENOMAR?  

No they did not request a CENOMAR. 

[Quarknase 1,072]

17 hours ago, cajenigs said:

She did.  Her interview was 4/17/20.  Just about a week later we were notified that her naturalization was denied.  That’s when her lawyer filed an N-366 - Notice for a hearing and prepared more documents for the appeal.  We were just sitting here waiting for an appeal date.

Where did she get an interview in April? I thought all USCIS offices were closed at that time.

 

Confusing if you married in 2013 and her actual divorce was finalized in 2017, I can understand that you’re worried. Fingers crossed that you can celebrate soon!

[cajenigs 1]

On 7/26/2020 at 12:50 PM, Quarknase said:

Where did she get an interview in April? I thought all USCIS offices were closed at that time.

 

Confusing if you married in 2013 and her actual divorce was finalized in 2017, I can understand that you’re worried. Fingers crossed that you can celebrate soon!

Her interview was March 17th.  We had an annulment before the 2017 Philippine annulment, but the lawyer that helped us procure it lied to us and the annulment was forged by his own hands.  We did not find out about it until USCIS brought it to our attention.

 

End of story is all is fine and my wife has her appointment for her Oath ceremony.  It’s a bummer they won’t allow guests in because I’d love to see her take her oath.