Thats right Aroha. My unit filled based on the forth-comming deployment which required me to be a Citizen first. So I do not know why they based their decision on the marriage. The lawyers I spoke to really told me that my case is kinda weird. But I have send in a appeal form. And I have letters frrom my unit stating why they applied for me.

quote:

Originally posted by Theone:

quote:

Originally posted by elebedi:
They did'nt get any evidence from her. It was a phone call. And what does political assylum do?

They are not going to deny citizenship on the basis of a phone call.

There was a lot more. A phone call isn't even enough to deny a marriage based conditional GC let alone citizenship. The further along you are the more difficult it is to be denied. With that there must be something very significant being left out.

If USCIS actually investigated, any false statement of any kind, material or not, stupid little lie that means nothing, whatever, that's enough to deny citizenship on the basis of a lack of GMC if there's the required subjective intent and all other conditions apply. Maybe not enough to deport, sure, but it may well be enough to find a lack of GMC. Key point, materiality is not an issue.

I got the feeling that's all there is here.

- THIS IS NOT LEGAL ADVICE -

[QUOTE]Originally posted by elebedi:
Thats right Aroha. My unit filled based on the forth-comming deployment which required me to be a Citizen first. So I do not know why they based their decision on the marriage. The lawyers I spoke to really told me that my case is kinda weird. But I have send in a appeal form. And I have letters frrom my unit stating why they applied for me.[/QUOTE



You have NOT answered one single question that has been asked of you in regards to this n-400. It is not relevant about this deployment requiring you being a citizen. The important issue here is how was the application marked? Was citizen application marked based on MILITARY or based on MARRIAGE to usc? It is very simple to find out by looking at a copy of the n-400 filed by your unit. ONLY then and ONLY then can you get a course of action to take for appeal or take any credible advice from anyone including an attorney.

In addition, you never asnswered my questions about if you had to remove conditions or how you came to be processed..(ir1/cr1)


How can one fight an appeal to win if in fact you do not know what you are fighting to overturn what you believe to be in error ?

To answer your question the N-400 says applying based on military service. That was what was checked in the form. And the condition was not removed yet.

So, the following applies to you?

quote:

A person who has served honorably in the U.S. Armed Forces,
AND
If you are at least 18 years old, a Lawful Permanent Resident with at least one year of U.S. Armed Forces service, and you are filing your application for naturalization while still in the service or within six months after the termination of such service.

OR
You served honorably as a member of the Selected Reserve of the Ready Reserve or in active-duty status during a designated period of hostilities. You then may apply for naturalization without having been physically present in the United States for any specified period.

quote:

Originally posted by elebedi:
To answer your question the N-400 says applying based on military service. That was what was checked in the form. And the condition was not removed yet.

I meet all that.

I find it curious that he seems to not answer the question being asked. First, the unit does not apply for you nor are there deployments that require US citizenship, but there are billets/MOSs/units that require US citizenship, such as attachment to the NSA, intelligence MOSs, etc. A full unit deployment does not require US. citizenship. More importantly we are not getting the details that the ex-spouse gave the USCIS. In the denial there is a reason for the denial and an even more detailed reason if an appeal was filed. Those are usually detailed in a letter from the relevant Field Office Director.

And the only way to maintain your residency, since the USCIS has determined that your marriage was fraudulent, is to apply for political asylum or its derivatives, such as protection under the Convention Against Torture. Where are you from? Hopefully a third world dictatorship, or, in the case of the USCIS San Francisco District Asylum Office, from Romania, where they are still approving political asylum applications based on persecution by the now long dead dictator, Nicolae Ceauşescu.

When I first joined I did not get granted a high clearance. And I was told that to go on the forth-comming deployment i have to get a clearance and the clearance requires me to a citizen. I know that many deployments do not require you to be a citizen but however this one does! And I have gotten letters from my commander stating the fact. I made an appointment with Jag on tuesday and was told to bring the denial letter and all the document I have. I will let kyou guys know what thier response is tuesday afternoon. Thanks for your input, I appreciate it.

I am from Nigeria.

quote:

Originally posted by elebedi:
When I first joined I did not get granted a high clearance. And I was told that to go on the forth-comming deployment i have to get a clearance and the clearance requires me to a citizen. I know that many deployments do not require you to be a citizen but however this one does! And I have gotten letters from my commander stating the fact. I made an appointment with Jag on tuesday and was told to bring the denial letter and all the document I have. I will let kyou guys know what thier response is tuesday afternoon. Thanks for your input, I appreciate it.

I know that you have stated that your application for citizenship is based on fast track military therefore bypassing certain criteria reserved for others.

The problem appears to be with the 751 files for removing conditions. If it was not still out there pending, or had it been prudently withdrawn once you applied for military based citizenship, I dont see where uscis would have much of a leg to stand on. But reality is that 751 was still out there and not adjudicated, therefore available for consideration. This is your problem because it was not withdrawn. Ahhh. those pesky little details that get missed

Now.. I am trying to help you to not have any surprises when I ask you these questions again.

How soon after the date on your conditional greencard did you seperate and when did your wife file for divorce?

Did you file a joint petition together for a 751 to remove the conditions? if so when?

Did you apply for removal of conditions as a joint petition ? if so, did she sign the joint petiton to agree to it, and were you seperated at the time of the signing

Once the divorce was filed, was the 751 ever withdrawn? and if NO, then why not?


One more thing. YOu need to have a good lawyer and not mediocre. You are from Nigeria where a high amount of green card marriages are fraudulent and under the microscope by uscis. It seems the oversight was to not have withdrawn the 751 for status based on marrige.

WAs your military unit aware of the outstanding 751?

So you are in a unit that requires citizenship and some sort of clearence. You don't have the clearence and obviously not citizenship. So, what happens if you get citizenship? Will you then get a clearence? Well, clearances are not based on citizenship, but based on a background investigation. What sort of unit are you in and what is your deployment?

Since you are from Nigeria, you can apply for asylum, claim something like you will be a victim of violence because you were in the U.S. military. Make your application with the USCIS Asyulm Office in San Francisco. They are the most liberal and have the most liberal immigration judges. Since USCIS has denied your application for citizenship, your residency is in jeopardy, so applying for citizenship based on military service will not help. USCIS has probably refered you to their Fraud Detection and National Security (FDNS) branch.

yes that is true Brit they have to have hard evidence to deny a petition as you can challenge them on it of course ad thats costs them time and effort to follow up on . they can be so difficult and not give too much information away and I guess now as the economies so hard theres not enough jobs here for the legal people etc "I am serious Citigroup cutting thousands of jobs was on the news yesterday so hard times for all even Obama stated it may take his whole term in office to see any changes in the economy I mean its global now so we have to ride it out ...Sad but True ... And I believe Immigration will be really cracking down here in Dc they showed up at work site and and detained workers that were illegal so they not having a good time the workers that is ...
Just keep onto Immigration if you believe you have a valid case and get legal advice if your case seems to be more difficult they always watch marriages to make sure they are genuine ..

quote:

Originally posted by Brit4064:
I wonder what "hard" evidence the USCIS based this decision on? Usually a "sour grapes" letter alone from the ex-USC spouse isn't enough to act on. Unless they have paper trail to show in court in front of the IJ, it's hearsay.

The testimony of a spouse on the nature of the marriage is direct evidence, not hearsay. In any event, hearsay is something that is sometimes prohibited in criminal cases. In general, hearsay is used in USCIS investigations, but, again, testimony of the spouse in this case is direct evidence. Remember also the co-conspirator exemption for hearsay in criminal cases. In this case she may have also been a co-conspirator at one time.

It can be only direct evidence IF there's other evidence to back it up with, preferably from a disinterested 3rd party. Otherwise it's likely to be a "he says, she says" situation. Not all marriages break up on good terms. A USC spouse simply claiming "I think they married me for a GC" isn't gonna work.

If a "sour grapes" letter is given to the USCIS by the USC then the immigrant can expect a I-751 interview. The interviews are graded A, B or C in order of priority depending on the apparent severity of the fraud and/or lack of supporting evidence by the applicant. A - being high, C - being low.

Hello people I am back! I am having an appeal hearing in March 2009. I have letters from my commander and others on base to support my claim, I also have proof to show that my marriage to my ex-wife was bonafide. This time though I am having my lawyer attend the hearing with me and I will keep you guys posted!

Sounds like a plan elebedi. Good luck.

quote:

Originally posted by elebedi:
Hello people I am back! I am having an appeal hearing in March 2009. I have letters from my commander and others on base to support my claim, I also have proof to show that my marriage to my ex-wife was bonafide. This time though I am having my lawyer attend the hearing with me and I will keep you guys posted!

Hi Elebedi,

Sending good luck vibes your way for the hearing. Please come back and let us know the outcome.

Scammer !!!!!