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soapmctavish

N400 denied accused of fraud

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26 minutes ago, arken said:

Ao which one is actually correct? The one you put in N400 or in AOS/ROC?

I made a lot of mistakes on the n400. I did it on my oown. On the dates where you reside question , i correctly put the address but made mistakes on the dates. Officer asked about it and answered her politely that i cannot remeber the exact dates. She said to make a guess or estimate and I did. Denial letter said my answer is not truthful but it did not specify which . 

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Filed: Citizen (apr) Country: Ecuador
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A post has been removed for violating the Terms of Service.  We can disagree without being disagreeable.

 

VJ Moderation

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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1 hour ago, soapmctavish said:

I made a lot of mistakes on the n400. I did it on my oown. On the dates where you reside question , i correctly put the address but made mistakes on the dates. Officer asked about it and answered her politely that i cannot remeber the exact dates. She said to make a guess or estimate and I did. Denial letter said my answer is not truthful but it did not specify which . 

I usually forget the exact dates too. But when you do the address change with USCIS, you receive a confirmation email so you can use that as a reference point. Or you can do some research before filling in the forms.

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8 hours ago, soapmctavish said:

I made a lot of mistakes on the n400. I did it on my oown. On the dates where you reside question , i correctly put the address but made mistakes on the dates. Officer asked about it and answered her politely that i cannot remeber the exact dates. She said to make a guess or estimate and I did. Denial letter said my answer is not truthful but it did not specify which . 

There is not a whole a lot of dates and addresses that you can possible mix. You applied under a three year rule, and of  those three years, you knew where you lived during the first two years. So IO can tell where you lived and when during the initial two years. During the interview, if information is inconsistent, IO interject by presenting the info from what they have. She could not have denied you simply on that especially after them approving your Removal of Conditions and you telling her that you forgot. 

 

In another post, you stated that they question you about where you worked and when. It is likely that they question the cohabitation or bona fide marriage. If I were you, I would visit my former lawyer's office and get a copy of om entire file.

This forum is a DIY platform and could only help if you have your things in order to some extent and that file will help you a lot.

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Filed: Citizen (apr) Country: Argentina
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I feel like there is definitely something else to this case. When you get to the naturalization stage of the process, you are usually past the suspicion of marriage fraud, because you underwent AOS and ROC. Do you think maybe there was a language barrier, maybe you did not understand the questions fully?

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

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Filed: K-1 Visa Country: Russia
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Question to OP. At the time of receiving 10 year green card, were you living together with your ex wife or not? I am not asking  about actual divorce date. If you were separated by this time or your wife wrote to USCIS that you did not and your “address mix-up” pointed towards the fact that you were not living together, USCIS rightfully hit you with misrep. If this is the case they will not renew your green card. You need a lawyer to prove that you were living together with your ex wife at the time of 10 year green card receipt. 

Edited by mari04
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Filed: Citizen (apr) Country: Argentina
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3 minutes ago, mari04 said:

If you were separated by this time or your wife wrote to USCIS that you did not and your “address mix-up” pointed towards the fact that you were not living together, USCIS rightfully hit you with misrep

Or maybe OP mixed with the divorce dates and did not send divorce decree before ROC was submitted. If that is the case, ROC was wrongfully approved as a joint petition.

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

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Filed: K-1 Visa Country: Russia
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3 minutes ago, Rocio0010 said:

Or maybe OP mixed with the divorce dates and did not send divorce decree before ROC was submitted. If that is the case, ROC was wrongfully approved as a joint petition.

OP stated that divorce was finalized 1 year after 10 yr gc was received

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Filed: Citizen (apr) Country: Argentina
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1 minute ago, mari04 said:

OP stated that divorce was finalized 1 year after 10 yr gc was received

Gotcha. I still feel that the conflict might be with the divorce date, and the time OP and ex spouse were living together. Gut feeling.

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

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Filed: K-1 Visa Country: Russia
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I give it 99% chance of what happened:

1) OP applied for ROC.

2) While ROC was adjucated, the couple separated and possibly filed for divorce.

3) OP failed to disclose it to the USCIS

4) OP received 10 yr GC

5) ex-wife possibly notified USCIS about this

6) or USCIS figured it out from residence addresses on the N400 form

7) at the citizenship interview OP was grilled on this.

😎as a result they figured out that op was separated before receiving permanent GC and hit him with misrep

now they will not renew his gc unless he proves that he resided with his ex wife at the time of the 10 year gc receipt. 
this is the only explanation that makes sense.

 

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Filed: Citizen (apr) Country: Argentina
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9 minutes ago, mari04 said:

While ROC was adjucated, the couple separated and possibly filed for divorce.

OP can file for divorce prior to ROC being ajudicated. Nothing wrong with that.

 

10 minutes ago, mari04 said:

OP failed to disclose it to the USCIS

My understand is that, if the divorce is finalized after ROC is approved, then there is no need send the divorce decree to USCIS at that time.

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

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14 hours ago, Jawaree said:

For some the citizenship interview questions are like that at the GC interview, one have to have their facts correct, do not attempt again without an atty

Usually citizenship interview should have civics etc Qs only. Right?

 

 

14 hours ago, SteveInBostonI130 said:

this is the time to get an immigration lawyer.

100% True; better to save so many years & efforts by spending couple of thousand $$

 

 

13 hours ago, soapmctavish said:

I did not think about it that is why I did not hire a lawyer. I focused on my civics test during the interview and totally messed up with the dates.

What kind of dates you're talking about?

 

 

13 hours ago, soapmctavish said:

I talked to a lawyer before and she said my dates and places that I put on my removal of conditions is not the same as what I provided on my n400 application. I had a lawyer during my removal of conditions, passed without interview.I decided to go citizenship without a lawyer because i thought everything is over and it is a different type of interview for civics only since I applied using 5 year rule.

dates and places for what activity or event?

 

 

 

13 hours ago, soapmctavish said:

My lawyer who helped me during my removal of conditions passed away. Im trying to call his office before if i can get a copy of my file. My greencard expires this year  November.

Better get FOIA as will have more & accurate info

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Filed: Citizen (apr) Country: Argentina
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2 minutes ago, mari04 said:

2) While ROC was adjucated, the couple separated and possibly filed for divorce.

Which wouldn't be an issue unless the divorce was finalized prior to approval

4 minutes ago, VolksWagon99 said:

Usually citizenship interview should have civics etc Qs only. Right?

 

Not necessarily.

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

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58 minutes ago, mari04 said:

I give it 99% chance of what happened:

1) OP applied for ROC.

2) While ROC was adjucated, the couple separated and possibly filed for divorce.

3) OP failed to disclose it to the USCIS

4) OP received 10 yr GC

5) ex-wife possibly notified USCIS about this

6) or USCIS figured it out from residence addresses on the N400 form

7) at the citizenship interview OP was grilled on this.

😎as a result they figured out that op was separated before receiving permanent GC and hit him with misrep

now they will not renew his gc unless he proves that he resided with his ex wife at the time of the 10 year gc receipt. 
this is the only explanation that makes sense.

 

Divorce was finalized after ROC. Got 10 year gc then applied for n500. Will renew my green card soon will jeep you guys here post. Thank yoh all.

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10 hours ago, Coco8 said:

I usually forget the exact dates too. But when you do the address change with USCIS, you receive a confirmation email so you can use that as a reference point. Or you can do some research before filling in the forms.

That was my mistake i was in a rush when I filled the forms just put dates that I can remember and not compare it to the previous ones.

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