n400 withdraw form that we didn't request

[Hmmehanna 6]

thanks to all of you. you guys are awesome I'll keep you updated  

[Crazy Cat 41,814]

1 minute ago, Hmmehanna said:

thanks to all of you. you guys are awesome I'll keep you updated  

Please do.  This will be a very, very valuable piece of the VJ knowledgebase.

[Deagle 508]

The fact that the officer offered to withdraw the application is an indication that there is something wrong/missing/incomplete in the application or in the applicant status. As far as I know and from personal experience, officers don't just offer you to withdraw your application out of no where.

[Hmmehanna 6]

update: so apparently he ask her to sign the withdrawal form to cancel the interview instead of giving her a denied decision. I'm confused when we filed the application online the website tool let us do it . The date on her green card is 05/03/2021 we filed the application 02/05/2024 . she traveled outside the U.S for less than 3 months total . So how come she didn't meet the requirements? If she is going to reapply when we can do it? thank you 

Edited May 18 by Hmmehanna

[Crazy Cat 41,814]

22 minutes ago, Hmmehanna said:

update: so apparently he ask her to sign the withdrawal form to cancel the interview instead of giving her a denied decision. I'm confused when we filed the application online the website tool let us do it . The date on her green card is 05/03/2021 we filed the application 02/05/2024 . she traveled outside the U.S for less than 3 months total . So how come she didn't meet the requirements? If she is going to reapply when we can do it? thank you 

 Her filing date should fine (although you stated she filed on the first day she was eligible). Her 90 day windows opened on 2/3/2024.  If she withdrew, she could re-file immediately....but I don't think that is a wise decision until you find out why the officer would have denied the case.  Are you sure the withdrawal notice status isn't a mistake?

 

Edited May 18 by Crazy Cat

[nastra30 2,284]

36 minutes ago, Hmmehanna said:

I'm confused when we filed the application online the website tool let us do it . The date on her green card is 05/03/2021 we filed the application 02/05/2024 .

I'm with you on this one. Her window open on 02/03 and she submitted on 02/05 which seems fine so it's confusing why she was asked to withdraw.

Are you sure she didn't submit on 02/03? Unless the timezone/computer glitch thing is now is even more out of whack which won't make sense. This is a head scratcher.

[Hmmehanna 6]

7 minutes ago, Crazy Cat said:

 Her filing date should fine.  If she withdrew, she could re-file immediately....but I don't think that is a wise decision until you find out why the officer would have denied the case.  Are you sure the withdrawal notice status isn't a mistake?

 

After she passed the civic test he told her I can't give you the approve since you filed your application earlier than it should be . Regarding your question that it could have happened since she didn't fully understand everything he told her, but still I don't see why he told her that she filed early. you think I should hire a lawyer ?

[Crazy Cat 41,814]

4 minutes ago, Hmmehanna said:

I can't give you the approve since you filed your application earlier than it should be

Did you just now discover this?  Are you 100% sure of the date she filed?

[Hmmehanna 6]

2 minutes ago, Crazy Cat said:

Did you just now discover this?  Are you 100% sure of the date she filed?

yes 100%

[Crazy Cat 41,814]

8 minutes ago, Hmmehanna said:

you think I should hire a lawyer ?

If you are 100% sure she didn't file early, I would contact my Senator and ask them to make an iquiry.

[Crazy Cat 41,814]

1 minute ago, Hmmehanna said:

yes 100%

Did she file online or by paper?

[Hmmehanna 6]

22 minutes ago, Crazy Cat said:

If you are 100% sure she didn't file early, I would contact my Senator and ask them to make an iquiry.

[Hmmehanna 6]

22 minutes ago, Crazy Cat said:

Did she file online or by paper?

she filed online. I asked her again she told me the officer explained that she is now in the U.S for three years but not at the time of the application. I guess since he confirmed it three years now we can reapply for it again. 

[Crazy Cat 41,814]

12 minutes ago, Hmmehanna said:

she filed online. I asked her again she told me the officer explained that she is now in the U.S for three years but not at the time of the application. I guess since he confirmed it three years now we can reapply for it again. 

 

If he said that, he is wrong.  Contact your Senator.

USCIS Early Filing Calculator | USCIS

"

You may file Form N-400, Application for Naturalization, 90 calendar days before you complete your continuous residence requirement if your eligibility for naturalization is based upon being a:

• Permanent resident for at least 5 years; or
• Permanent resident for at least 3 years if you are married to a US citizen."

Edited May 18 by Crazy Cat

[Peot 161]

If the reason provided was in fact " in the U.S for three years but not at the time of the application", I would just double or triple-check

1. The date on the Green card exactly

2. The date of the application 

 

If this still makes sense and was within the 90-day early-filing window or beyond, then I'm going to guess that there was a different reason for denying the application, and he put that as the reason so that it was more or less denied "without prejudice".

 

Ie: You didn't meet a specific requirement, so I'm going to mark down that your application was not within the 3 years so that you can re-apply as soon as possible.

 

I am also guessing that, due to the marriage, it wouldn't fall under the 5-year requirement, so being 2 years too early is not the case. 

 

People are suggesting to call senators and whatnot, but as a first step, you could always try calling the USCIS to speak to a representative. Someone with access to the file should be able to see the date of filing, vs the 3 year date and come to a conclusion about what the withdrawal was for.