Applied 90 days early, N-400 interviewer requiring proof we lived together before wife entered US

[CadeMcNown 39]

Hello, feeling a little scared/disappointed after the N-400 interview. My wife passed the tests, but the interviewer said that since she applied 90 days before the 3 year green card date, she did not have evidence that we have been living in marital union for 3 years. She said it needs to be 3 years before the application, but the application is 90 days before the 3 year mark. I am so confused. What is the purpose of 90 days early if you will be judged less than 3 years for applying 90 days early? I have seen no advice on this and everyone says it's ok to do 90 days.

 

The evidence she submitted was the bill of sale / deed to our house in both of our names, joint filed tax returns for the last 3 years, and our child's birth certificate. Our marriage certificate shows we have been married 4 years including time waiting on the visa. That seemed like enough to prove a real marriage.

 

When the interviewer asked my wife if we lived together before she came to US, she said we were "long distance" and that I traveled there 5 times, 3-5 weeks each trip. She then said she's not sure, maybe it was 150 days, then said maybe 130. She had no itineraries or anything with her. Later, the agent had her sign a paper stating that we lived with each other before among other things, and she put it was for 150 days, saying "that is the perfect amount needed" or something like that. It was probably roughly 6 months I was there over the 5 trips, but for sure less than 150 days after marriage. Also, why would 150 days be the perfect amount, shouldn't it be 90 to complete the 3 years? How have we never heard of this happening with 90 days early?

 

She put a post it note on the form saying to include spouse's affidavit for staying in the Philippines, family member's notarized affidavit, itineraries for trips, and airbnb bookings. She also suggested we include proof of joint banking account. We only recently added her to my bank account this year, and she rarely uses it.

 

I guess what I'm wondering is:

 

1. Has anyone else experienced this? How long did it take to resolve?

2. The 150 days came from nowhere, right? If we applied 90 days early we should only need to prove I was in the Philippines with my wife for 90 days prior to green card, right?

3. Should the 3 years living in marital union be continuous? I was only in the Philippines around 60 days before we both flew to the US. I was there for 2 other trips while married before that final one which would easily surpass 90 days in total. I do have a job and couldn't stay there forever.

4. Any concern over them saying my wife lied if it's not 150 days? She signed the paper, but made it clear to the agent it was an estimation and the 2 of them even tried calculating the days with the 3-5 weeks times 5 trips.

5. Any other advice?

 

Thanks in advance...

Edited November 11, 2021 by CadeMcNown