N400 interview no decision, 5 years, Marriage GC, currently Divorced

[M&M13 7]

Hi everyone,

 

I have my N400 interview last week, I applied for 5 years rule, I got GC based on marriage divorced 6 month after me arriving to the states, there was no need for AOS since we received 10 yr GC first time, the marriage is totally legit but due to some issues it did not workout, before we get married we tried a finance visa and they put us through administration processing so we did not wait and got married so the finance petition was denied.

i went to the interview not expecting any questions about my previous marriage since I applied based on 5 years rule and my previous marriage is a turned page now but the officer made all the interview about it, and kept asking me why my finance petition was denied and I told her that I don’t know and the embassy never told us why ( I honestly did not remember during the interview that we were denied for the finance because we got married)

in the end she told me I believe your story but I have to talk to my supervisor because it’s not familiar for the finance petition to be accepted and then revoked by the embassy and sent back, and she thinks that’s because I applied for different kind of visas and denied before the finance visa.

Now I don’t know what will happen,I totally did not expect this to go south like this and I feel that I did not explain myself in a good way.

what do you guys think is going to happen? 

[Rekyrts 54]

You might be fine.

But yes, the IO can interview on your entire immigration file, and one should prepare accordingly.

[OldUser 7,035]

Most likely you're going to be OK, as long as marriage was legitimate. Of course, it IO found some fraud indicators, such as quick divorce after entering the US and getting GC, they have to dig deeper to see if it was a sham marriage.

I would have brought a lawyer with me for this interview..

 

If fraud is found, USCIS can go as far as trying to take your GC away.

 

Good luck and keep us posted.

Edited December 13 by OldUser

[M&M13 7]

50 minutes ago, Rekyrts said:

You might be fine.

But yes, the IO can interview on your entire immigration file, and one should prepare accordingly.

Do you have an idea, how long this can take?

[M&M13 7]

47 minutes ago, OldUser said:

Most likely you're going to be OK, as long as marriage was legitimate. Of course, it IO found some fraud indicators, such as quick divorce after entering the US and getting GC, they have to dig deeper to see if it was a sham marriage.

I would have brought a lawyer with me for this interview..

 

If fraud is found, USCIS can go as far as trying to take your GC away.

 

Good luck and keep us posted.

I thought it’s an easy interview because I applied on 5 years rule and the divorce was on good terms, so there were no concerns there, but did not expect to be asked about our previous denied fiancé visa.

so when you say Fraud is found? Do you have an idea how uscis can say a marriage is fraud, they must have proof to claim that?

From your experience, how long do you think it will take for them to update my case? And do you recommend I do anything during that time? Thank you!

[mniceguy16 187]

12 hours ago, M&M13 said:

I thought it’s an easy interview because I applied on 5 years rule and the divorce was on good terms, so there were no concerns there, but did not expect to be asked about our previous denied fiancé visa.

so when you say Fraud is found? Do you have an idea how uscis can say a marriage is fraud, they must have proof to claim that?

From your experience, how long do you think it will take for them to update my case? And do you recommend I do anything during that time? Thank you!

There are several ways to detect a fraudulent marriage, like the quick divorce after 6 months denied fiance visa, USCIS has so many ways to check and the reason they may also give you at the interview could not be the only red flag they found. I had a conditional GC and had conditions removed without interview, up until my n400, everything was normal until USCIS showed up at my doorsteps, at night a few weeks before my interview just to make sure my marriage was legit…so yes they have several tricks up their sleeves. Good luck to you and hope it works out for you.

[Dashinka 24,660]

If you did not formally cancel the K1 application when you got married, eventually it would make its way back to the USCIS showing revoked.  Yes, at the N400 your entire immigration file can be reviewed, but it has only been a week or so, so I would not worry at this point.

 

Good Luck!

[M&M13 7]

6 hours ago, mniceguy16 said:

There are several ways to detect a fraudulent marriage, like the quick divorce after 6 months denied fiance visa, USCIS has so many ways to check and the reason they may also give you at the interview could not be the only red flag they found. I had a conditional GC and had conditions removed without interview, up until my n400, everything was normal until USCIS showed up at my doorsteps, at night a few weeks before my interview just to make sure my marriage was legit…so yes they have several tricks up their sleeves. Good luck to you and hope it works out for you.

I just feel some questions the officer asks did not make sense, like asking about why a fiancé visa was denied, while the reason is actually it being revoked cuz marriage took place, shouldn’t the officer have access to such information?! Thank you for your reply and wishes

[M&M13 7]

3 hours ago, Dashinka said:

If you did not formally cancel the K1 application when you got married, eventually it would make its way back to the USCIS showing revoked.  Yes, at the N400 your entire immigration file can be reviewed, but it has only been a week or so, so I would not worry at this point.

 

Good Luck!

Yes and this is what actually happens, I did not remember that during the interview but it just doesn’t make sense why the officer would ask about the reason while she should have access to all this info! Thank you!