I-751 interview didn’t go well and case status became interview was completed but my case must be reviewed

[OldUser 6,577]

5 minutes ago, Structure said:

I’m eligible to file applications for citizenship after three years of marriage 

 

3 years of marriage (living in marital union, which is doubted by USCIS now)

 

AND

 

3 years of having Green Card (being LPR) - have you been LPR since September 2020?

 

There's also other requirements, these are just basic ones.

 

Plus N-400 depends on I-751 approval.

 

Fix I-751 first, that would be my advice.

Edited September 26, 2023 by OldUser

[Mike E 11,739]

6 minutes ago, Structure said:

I guessed and should’ve just said the truth that we don’t share the same room 

Which a home visit would make apparent, and if so a denial is certain. You are living in the same dwelling like room mates, not spouses, are hiding it from USCIS.

 

6 minutes ago, Structure said:

so I can apply for citizenship maybe?

If you have 3 years of marital union with your spouse or 5 years as an LPR. But filling N-400 can force USCIS to decide your I-751. Which seems likely to be denied.

 

1. When did you marry?

 

2. When did you become an LPR?

 

[Structure 1]

4 minutes ago, OldUser said:

3 years of marriage (living in marital union, which is doubted by USCIS now)

 

AND

 

3 years of having Green Card (being LPR) - have you been LPR since September 2020?

 

There's also other requirements, these are just basic ones.

 

Plus N-400 depends on I-751 approval.

 

Fix I-751 first, that would be my advice.

Thank you yes I meet the above requirements. Will look to see what I can do at this moment. Appreciate it

[Boiler 45,427]

I seem to remember US Films films of old often had the spouses living in different rooms.

 

Obviously they doubted the validity of the relationship.

[Structure 1]

2 minutes ago, Mike E said:

Which a home visit would make apparent, and if so a denial is certain. You are living in the same dwelling like room mates, not spouses, are hiding it from USCIS.

 

If you have 3 years of marital union with your spouse or 5 years as an LPR. But filling N-400 can force USCIS to decide your I-751. Which seems likely to be denied.

 

1. When did you marry?

 

2. When did you become an LPR?

 

2018, and I got conditional green card in 2020.

we don’t share the room just because of health condition. 

[OldUser 6,577]

2 minutes ago, Structure said:

Thank you yes I meet the above requirements. Will look to see what I can do at this moment. Appreciate it

USCIS doesn't believe you meet the requirements. You would have had I-751 approved without stokes interview if they thought you were eligible.

Edited September 26, 2023 by OldUser

[Structure 1]

1 minute ago, OldUser said:

USCIS doesn't believe you meet the requirements. You would have had I-751 approved without stokes interview if they thought you were eligible.

Ok thanks. 

[OldUser 6,577]

3 minutes ago, Structure said:

we don’t share the room just because of health condition. 

You should have told this to IO. Maybe they could have been more sympathetic. Hopefully you won't be accused of misrepresentation / fraud.

 

Your case needs effort to get approved. Good luck!

Edited September 26, 2023 by OldUser

[Mike E 11,739]

2 minutes ago, Structure said:

we don’t share the room just because of health condition. 

Is this based on the advice of a licensed physician?

[Boiler 45,427]

Yep seems you did not take your Medical Records.

[Structure 1]

1 minute ago, OldUser said:

You should have told this to IO. Maybe they could have been more sympathetic. Hopefully you won't be accused of misrepresentation / fraud.

 

Your case needs effort to get approved. Good luck!

Yes I should’ve done that and I hope I can get a second chance. Thank you

[Structure 1]

1 minute ago, Mike E said:

Is this based on the advice of a licensed physician?

No, just because I have a lung tumor and I have that proof though. But they never said that I need to separate rooms and because I cough and my husband needs to get up early it’s our decision. 

1 minute ago, Boiler said:

Yep seems you did not take your Medical Records.

Didn’t think this is so complicated interview. 

[Mike E 11,739]

3 minutes ago, Structure said:

But they never said that I need to separate rooms and because I cough and my husband needs to get up early it’s our decision. 

Ok, this not unheard of. 

Not knowing what he ate for breakfast because he wakes up earlier than you is fine due to his work schedule and your illness making it difficult to get up as early is one thing. 
 

Not knowing what he eats because meals are prepared and consumed separately in separately rooms is another thing.

 

The other issue is that your explanation evolves rapidly. 

 

 

[Marieke H 2,495]

Sleeping in separate rooms is not necessarily an issue; lots of couples do that for all kinds of reasons: health, snoring, different work schedules, or just being very restless sleepers. You should have just been honest about this instead of trying to make up some answer and hoping your husband would make up the same answer. The bank statement with no deposits is likely an issue as well; they want to see comingled finances, and the statement you provided clearly does not show that.

 

Wait and see what the decision will be, but in the meantime, it won't hurt to consult a lawyer so you can be ready for any scenario. Don't worry about citizenship for now; you won't receive citizenship as long as your issues with your LPR status have not been resolved.

[Ellie_7 103]

I'd be pessimistic in regards to the IO's decision, based on what the OP has stated so far.

 

One factor isolated by itself --  separate sleeping rooms, or that bank statement problematic for the IO -- is one thing. Two (or more) factors are what makes it difficult to convince an IO of the bona fides.