Request for Evidence after approve N-400 interview.

[X.E. 6]

Hello everyone :

I'm facing a very unusual situation with USCIS. I'm a permanent resident since Nov 2018 (ajust of status), 
I sent my application to remove conditions in September 2020 (during pandemic), After more than 2 year since I sent the application, I got my 10 years Green Card in Nov 2022.
On February 2023 I sent my application for naturalization (having 6 years of marriage and 4 years as a resident). I had the appointment for fingerprints in March 2023, and the citizenship interview in August 3th. I passed the interview without any inconvenience.
I was just waiting for the date of my oath ceremony.
And today I receive a notice from USCIS that I have to send evidence of my marriage for the last 3 years previous to N-400 filling date. 
I really don't understand why? if they approved to removed my conditions that means that they checked all the evidence that I sent. I don't understand why they are asking again for evidences. My wife and I are been living at the same place for the last 5 years.
I'll sent all the evidence again, but I'm still not understand why?
The only possibility is they lost my files for my I-751. That's why they are requesting evidence again.

Anyone else facing this situation?

Regards. 

[Mike E 11,739]

3 minutes ago, Xabier11 said:

The only possibility is they lost my files for my I-751

Did they?

 

 

[OldUser 6,624]

Did you file N-400 under 3 or 5 year rule?

[X.E. 6]

Under 3 years rule. 

I been permanent resident for 4 years and with  my wife we are marriage for 6 years. 

[OldUser 6,624]

2 minutes ago, Xabier11 said:

Under 3 years rule. 

I been permanent resident for 4 years and with  my wife we are marriage for 6 years. 

Ok, how much evidence of bonafide marriage did you submit with your N-400?

 

I know you provided some for I-751, and it got approved, but USCIS is within their rights to see more evidence since I-751 filing etc for the purposes of N-400, because it's filed under 3 year rule. Everything is a fair play until you take your oath and have certificate of naturalization in hand.

Edited September 20, 2023 by OldUser

[X.E. 6]

Yes, I know. We send a lot of evidence when we did my adjustment of status, actually we had the interview with my wife 2 week before our second anniversary, we sent a tons of news evidence when I applied to remove the conditions I-751. After I was granted with the 10 years GC in November 2022.
I start with the naturalization process in Feb 2023. I sent the documents that they request for the N-400, marriage certificate, my GC, naturalization certificate of my wife. Knowing that we have 6 years of marriage and they remove my conditions 4 months ago, nothing make me thing that I also need more evidence of our bonafide marriage.
If they are requesting all this evidence means that the local office don't have all the evidence that we sent for my I-751.
When I had my interview for citizenship, the officer was really nice, he told me, "your oath ceremony is going to be schedule probably in a month, wait for the letter", everything is good.

Actually 2 days ago I receive a notice on myuscis telling me that my I-751 file is going to be transferred to another office, that was weir, because my I-751 was approve in November 2022. 

 

48 minutes ago, OldUser said:

Ok, how much evidence of bonafide marriage did you submit with your N-400?

 

I know you provided some for I-751, and it got approved, but USCIS is within their rights to see more evidence since I-751 filing etc for the purposes of N-400, because it's filed under 3 year rule. Everything is a fair play until you take your oath and have certificate of naturalization in hand.

 

 

 

Edited September 20, 2023 by Xabier11

[OldUser 6,624]

@Xabier11 it's the game you have to play to get the immigration benefit. It may seem frustrating that you have to prove your marriage three times: at AOS, at ROC and NAT stage (under 3 year rule), but that's just the way it is. I can only understand how annoying this may be.

 

IO saying something during interview is not legally binding. What really matters is the written communication. USCIS sent RFE. If you want to get naturalized, you need to satisfy their request.

[X.E. 6]

@OldUser I know and off course I will send all the evidence again, our marriage is real and we tons of evidence to prove it. That's why they removed my residence conditions last year.
I'm sharing my experience in case that someone else are (or was) going thru the same situation. 
I hope to obtain the approbation of the IO that is working on my case.

[Me and her 279]

If filing under 3 years, unfortunately USCIS wants evidence/proof from marriage up to filing.  I know it is frustrating.   I submitted same evidence three times, even though I had already submitted it.  As @OldUserstated, just send them what they request...  Good luck to you!

[Dashinka 24,487]

17 hours ago, Xabier11 said:

Yes, I know. We send a lot of evidence when we did my adjustment of status, actually we had the interview with my wife 2 week before our second anniversary, we sent a tons of news evidence when I applied to remove the conditions I-751. After I was granted with the 10 years GC in November 2022.
I start with the naturalization process in Feb 2023. I sent the documents that they request for the N-400, marriage certificate, my GC, naturalization certificate of my wife. Knowing that we have 6 years of marriage and they remove my conditions 4 months ago, nothing make me thing that I also need more evidence of our bonafide marriage.
If they are requesting all this evidence means that the local office don't have all the evidence that we sent for my I-751.
When I had my interview for citizenship, the officer was really nice, he told me, "your oath ceremony is going to be schedule probably in a month, wait for the letter", everything is good.

Actually 2 days ago I receive a notice on myuscis telling me that my I-751 file is going to be transferred to another office, that was weir, because my I-751 was approve in November 2022. 

 

 

 

 

Did you have an interview for the I751?  If not, then no, the local office never received that submission.  There is a list of evidence requested (see below) for the N400 interview, did you take that with you?  I know you are providing what is being requested on the RFE, and that it is frustrating for you as it adds what you see as an unnecessary delay, but it may be helpful to others that come later filing under the 3 year rule.

 

Good Luck!

 

Other Documents.

Depending on the circumstances, you should bring certain documents to your interview. You may also submit copies of these documents with your application.

For example:

A. Spouse of a U.S. Citizen. Bring the following items to your interview if you are applying for naturalization on the basis of your marriage to a U.S. citizen:

(1) Evidence that your spouse has been a U.S. citizen for at least 3 years at the time you file your Form N-400. Such evidence may include: a birth certificate (if your spouse never lost U.S. citizenship since birth), Certificate of Naturalization, Certificate of Citizenship, or Form FS-240 Report of Birth Abroad of a Citizen of the United States of America;

(2) Evidence of the termination of all your prior marriages; and

(3) Evidence that you and your spouse have lived in marital union for at least 3 years at the time you file your Form N-400. Such evidence may include:

(a) Joint bank and credit card statements;

(b) Leases or mortgages;

(c) Birth certificates of children;

(d) Insurance policies; and (e) Internal Revenue Service (IRS)-certified copies of the income tax form 

 

https://www.uscis.gov/sites/default/files/document/forms/n-400instr.pdf

[beloved_dingo 1,976]

If you did not provide any "bona fide marriage" evidence with your N-400, I think it makes sense that they are requesting it. You are naturalizing based on your marriage, and it's been 10 months since your ROC was approved - but how old was that ROC evidence? If you haven't sent any new and updated marriage evidence to USCIS since September 2020, it makes absolute sense that they need to see evidence that you are still in a bona fide marriage 3 years later. 

 

Marriage related evidence should have been included with the initial N-400 filing. 

[X.E. 6]

I don't know if you read all my post...
When we sent the evidence for remove conditions in Sept 2020 we had more than 3 years of marriage.
I started my AOS in February 2017, we wait 20 months for the interview (me and my wife) and get my residence in Nov2018 and then 48 months later they remove conditions of residence. 
When I sent my N-400 the USCIS had evidence for at least 3 1/2 years our marriage, I thought that everything was ok when I receive the notice for my citizenship interview.
Why they scheduled my citizenship interview if they needed more evidence?
Why the officer at the interview didn't ask me for more evidence?
When you go to the citizenship interview you think that is the last step to become a citizen, you think the service check everything on your case and you just have to pass the interview. 
That's why come my frustration.
Actually they sent me an email letting me know that they are transferring my I-751 form from one office to another. Like inmigrants we  have this idea ton our minds that USCIS know everything and have all the files available, but apparently is not like that.
We will send tons of new evidence, to demonstrate again that our bonafide marriage. 
I hope get the approval for my N-400.
I love this country and become a citizen would be a huge honor. 
Good bless America. 

 

 

[OldUser 6,624]

1 hour ago, X.E. said:

When I sent my N-400 the USCIS had evidence for at least 3 1/2 years our marriage, I thought that everything was ok when I receive the notice for my citizenship interview.
 

N-400 under 3 year rule requires its own set of bonafide marriage evidence. Not just evidence you submitted for AOS or ROC. It's normal, they're not picking on you. Many go through the same process and have to prove marriage during N-400. That's just how it works.

 

1 hour ago, X.E. said:

Why they scheduled my citizenship interview if they needed more evidence?

 

Interview can happen at any stage. 

Evidence can be asked before the interview, during interview or after interview. That's normal.

1 hour ago, X.E. said:

When you go to the citizenship interview you think that is the last step to become a citizen, you think the service check everything on your case and you just have to pass the interview. 

 

Some people actually get denied citizenship after interview. I'm sure it's not your case, just saying passing the interview does not mean getting N-400 approved.

 

Also, it's not the last step. Last step is the oath. Some people had their oath cancelled and asked for more evidence. This also happens sometimes. Everything is a fair game until you hold certificate of citizenship in hand. 

 

1 hour ago, X.E. said:

We will send tons of new evidence, to demonstrate again that our bonafide marriage. 
I hope get the approval for my N-400.
I love this country and become a citizen would be a huge honor. 
Good bless America. 

 

 

Love the spirit. You got it. Good luck!

 

 

 

 

[X.E. 6]

@OldUser Thank you for your comments, I understand that every case is different, now I'm focusing to get all the evidence that they requested and send it as soon as possible.

Regards.

Edited September 22, 2023 by X.E.

[X.E. 6]

I sent all the evidence (again) requested on October 4th.
Yesterday (Nov 24)  I receive one letter with the notice of my Oath Ceremony,  I was so happy!!!!!
Today I receive 3 more letters from USCIS, one cancelling the schedule for my ceremony, and TWO more notice scheduling  the ceremony AT THE SAME DATE, TIME AND LOCATION. 
I'll call on Monday to speak with an agent about my case. I really don't know if I'll be able to take the oath on the day they scheduled for me. 

I really don't understand, looks like someone in USCIS is playing a practical joke with me. 

Edited November 26, 2023 by X.E.