Alexmat1

I think its a losing game for her. She maynot get any property from you, but if the marriage has been for a year or two, the judge can order some support based on your income but that support could be few months to an year, and if you are already supporting her after separation thats counted as credited towards your total support obligation.

Please read what I posed initially carefully. I never said there were financial issues in my country but there is a backlog thats related to country (if you meant financial instability in that country thats not what I meant). In normal times it should have completed in few months but that overshot. I also said I didnt want to naturalize but had to hold it till the above process is done. Hope I didnt confuse.

That was not what I had asked. Question is not about PP or how to renounce it but that I had to postpone oath because I had to get few things processed in my home country which required me to be a national for it to happen.

It depends on what is considered a good reason. Its not a tax benefit but something like 401k for over 10 years that I will lose if I dont withdraw it while I am a citizen. If USCIS thinks that is a good reason or not would be the main point. For an individual it is a major thing as its life saving.

I never renounced my PP from my homecountry. But on taking the Oath, by default I lose the citizenship of homecountry. Even if I dont tell them and keep the PP, it wont work because when I travel out of US and reach home country there is no visa or GC for me to show. That would mean I am a citizen by default and immigration there can confiscate my PP. This is why I cant take the Oath till I have processed things back home.

I dont think this is true. I came through i864, went through divorce. After my divorce was done, I filed for support based on i864 at the Federal court, ofcourse was represented by an attorney but I had done all the homework related to evidences, proofs of income and defenses etc, it was a lot of work before I approached attorney to initiate this. My ex had two top attorneys but they knew it was a losing game and finally settled for what we asked. The fiduciary duty to support will be governed by the state family law, not the immigration laws or any obligation to support associated with it. In this case as the sponsor withdrew the petition and thus no green card was issued, there is no enforceable contract, simply because the contract did not ripen. The contract says if the immigrant is given a green card based on the marriage then the sponsor has an obligation to support her at a certain % of poverty level. Since the green card was never issued, even though the sponsor would have submitted a signed contract to USCIS , and a copy of which the wife can procure via FOIA, the defense would be there was no green card issued and thus the contracts conditions were never met. Depending on the length of marriage and the common property generated during that time and the states family laws the husband might be on the hook for some short term support and it largely depends on the income and standard of living during marriage. The wife has no other option to gain a green card via this marriage or any other option. VAWA would require proofs such as reliable testimony or police/hospital/social worker reports etc. Else everyone could use that route to get a GC. She could go back on student visa or get remarried and gain green card via that.

Hello All, I filed for N-400 and was approved. I got a letter to attend Oath ceremony two of which I had to postpone because I had to remain a citizen of my country while some financial processing was still going on in my home country (it was delayed because of covid backlog) so I request USCIS for a few more months. I mailed USCIS request for postponement ahead of the dates. I was then scheduled for another Oath which I had to postpone because of health reasons (I required bed rest as advised by doctor for two months.). I send a request for postponement for this as well along with doctors note. USCIS then mailed me a letter saying they are opening a motion to reopen my N-400 approval with an intent to deny. Reason was if three oaths are abandoned then its treated as the resident has no intention to naturalize and is treated as receiving a derogatory information after N-400 approval, and treated as such. I had 15 days to respond to it, and I responded to it submitting proofs of all the responses I had sent to USCIS requesting for postponement. There was no response from USCIS for several months while I waited to hear from them and when I called the customer service for an update they had none. After two weeks of that call I received a decision on my response denying the N-400. Reasons were as above. I can file for a Request for hearing (N-336) if I can overcome the presumption for denial (which is lack of intent to naturalize) in 30 days or 33 days (if decision was mailed to me). I was travelling and saw this in mail last week when I come back. Since it was mailed out I have 33 days and I am preparing the paperwork to file the hearing. I have the following queries if someone who has knowledge on this can help: 1) Because I am so close to the 33rd day I will be able to mail it out on 32 or 33rd day. Is it considered timely filed if I have the USPS seal with date on it (plan to sent this certified mail) or should it actually reach USCIS office and be received before the 33rd day ? 2) Do I count the days including the date on decision letter. It is dated Oct 3 2023. So does day 1 start from Oct 3 or from Oct 4 for calculating the 33 days. 3) This hearing can take upto 180 days (as per rule) so realistically I am thinking it could be between 4-6 months out. If I get denied then I have to reapply N-400 again and wait out another 15 months. So I was planning to file N-336 now and next week file for N-400 (reapplication) so that even if the hearing doesnt help reverse the decision, I would only have to wait another 9 more months or so for decision on second N-400. I am prepared to pay fees for both, but I wanted to know if filing if this strategy will hold my N-400 in queue (until N-336 is decided) in which case I might as well only file N-336 now. Or filing both can automatically eliminate N-336 (if USCIS thinks reapplying N-400 means I am no longer interested in hearing). 4) I plan to overcome the presumption that USCIS has (that I have no intent to naturalize) by submitting the responses showing the delay in a process in my home country (because of covid issues) and how I had to remain a citizen of that country till its done. That processing is now over so I can provide proof of that to show there is nothing stopping me from naturalizing. However if USCIS goes by how the law is then the office at hearing can uphold their decision. I am hoping for the discretion of officer and if I can convince him. If anyone has gone through this particular denial please let me know what other points could I use. Much thanks. I know this is something made worse because of my special circumstances. I have to spend double the money and energy to straighten this now.

Hello All, I had applied for N-400 and went through interview and got approved. I was then scheduled to appear for Oath in August 2022, and I couldnt attend as I was hospitalized and undergoing evaluations, so I send a letter to USCIS field office with doctors notes,reports explaining why I couldnt attend. I also called USCIS customer service and they noted the details. I got a letter from USCIS saying they never received a letter and was rescheduling me to December 2022. I was going to be outside US from January till April of 2023 so that I can take care of closing accounts and moving property etc for which I still have to remain citizen of my current county of citizenship (Once I take Oath, I immediately lose the citizenship of the other country and it takes months to process a visa to travel plus closing and moving property etc would become a hassle as I am no more a citizen of that country). Thus I send a letter in early December explaining all this, with copy of my airplane tickets and return ticket and send it in certified mail. My friend who was monitoring my mails in US said I received a letter in post (on Apr 15 2023) from USCIS with the heading "Notice of Motion to Reopen". It says I didnt attend oath both times and neither did I submit any correspondence to USCIS expaling why I was unable to appear on scheduled dates. Thus this creates presumption that I am no longer having an intent to become US citizen. This motion by USCIS is to reopen the decision approving my N-400, with an intent to deny the application. They asked me to respond in15 days if I wish to purse naturalization. If I dont respond, USCIS will deny my application as per 8 CFR 335.5. I am still in my home country outside US. The process here is taking much longer and I wont be returning until July end. My friend in US can respond to USCIS on my behalf if I send him what should be response. I have the following queries: 1) Can I still save my Citizenship and if so what response do I send them - I intend to include the previous responses I sent to USCIS with USPS tracking to show that I had communicated of my request to change oath date. Can I tell them I would need time till July when I am back in the country ? Or do I have to immediately fly back (which will jeopardize the work I am trying to get completed in my home country) 2) Can I have my friend go to USCIS field office (Infopass appointment) and explain this in person on my behalf I called up customer service but it wasnt very helpful. 3) I did some googling and came across this : https://www.uscis.gov/policy-manual/volume-12-part-b-chapter-5 It says "USCIS considers multiple failures to appear to be equivalent to receipt of derogatory information after the approval of a naturalization application.. USCIS must not schedule an applicant for the administration of the Oath of Allegiance if USCIS receives or identifies disqualifying derogatory information. USCIS must not administer the Oath of Allegiance to the applicant until the matter is resolved favorably" Does it mean this motion (even if they go ahead with that despite my response to this letter) will remove me from current list of oath takers but my application will not be thrown away and they will wait till the matter is resolved ? 4) Or does it mean this motion will terminate my US citizenship application and I will have to reapply from the beginning. In which case, does this denial create an prejudice for future applications ? 5) Does this require me to involve an attorney now ? I only have 15 days which is April 30th to reply by. I will be much obliged for your helpful advices.

Is it sure that after two times they will discard everything and one has to start from scratch ? Or is there a way to rescue ones application and still go for next oath ?