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Denial of N-400

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  • Denial of N-400

    Thanks for the valuable posts. I am new here but my application for N-400 and the following Admin appeal were denied on basis that I am not current on child support although I tried to explain the extenuating circumstances I faced but they were not in agreement. I wonder what typically the chances if I take it to federal court. Also when does the three years (since my application is based on marriage) statutory period start? Is it from the application date or what.

  • #2
    Hello amd welcome to ILW

    I will have to assume that your child support case is for another marriage other than the one that you have applied for citizenship thru.

    Yes they will deny if support for child or alimony is not or has not been current.

    Why were the extenuating circumstances that the court order was not current or fell behind?


    • #3
      You are now divorced. Another fraudster beats the system! Your a deadbeat dad who doesn't care about his kid! You should be deported. After you got your green card you knocked her up and left her you lowlife!


      • #4
        For almost four years, since 2003, my child was kidnapped by my former spouse which has a current INTERPOL red warrant for her arrest. On the same time I was not allowed to reenter the US to search for my son as my residency was inactive for staying an extended period overseas and I had to reinstate my residency which took almost three years.
        As I was admitted back on 2006 I located my son in 2006 with the help of NCMEC, I filed a case in family court regarding my visitation rights and the accumulated child support as a result of my child concealment.
        On the same time I was unemployed and I start paying the court temporary ordered child support, as I got employed on 2007, until the final court hearing on Oct 2008 to be able to modify it. No court order yet telling how effective some of the state legal system is working.
        Now I am unemployed and I cannot file for modification until the case in the family court (since 2006) get concluded. That is my dilemma.


        • #5
          Forget to mention, I continue to pay a reduced amount of my child support obligation till today although I am unemployed with limited consulting income better than collecting unemployment. The problem returns to my ex-wife which is blocking to end the family court until I drop the criminal charges against her. So against all the odds I am a DV victim and been manipulated by the system my ex- knows well how to play it.


          • #6
            Also when does the three years (since my application is based on marriage) statutory period start? Is it from the application date or what.
            are you married and living with a new wife ? Is this the wife that your residency and N-400 are based on now?

            In regards to the support, I suggest you get an immigration lawyer that also handles civil and family matters in the courts.

            What state are you in. Sounds like you are a little confused or have received misinformation along the way


            • #7
              Yes, I remarried and living happily with my wife, a wonderful wife, for slightly over five years. My wife is a USC and I based my N-400 on my marriage to her.

              I do have a family attorney but he is in a different state, where my son resides, than my resident state. I guess this where the delay is coming from . I do not know how to get him to finish the family case except to write to the Chief Judge to get both attorneys to set a hearing date to finish that family court since the original judge who attended the final hearing in 2008 died since 2009.

              I live in northern Florida.

              What is the statutory period? Is it from the application date? Or what is the period I need to focus on explaining to the federal court, if I go that route!

              What is the chance in the federal court or is it another waste of money (which is hard to get nowadays) and time. Any suggestions?


              • #8
                You need to get an immigration attorney right now and one that works closely with a family court one or also works in a family court capacity.

                Until the support can be resolved, there is no chance of you getting citizenship approved. The rules are the rules, and they will not accept late pay or no payments. It must be current at the time to be approved.

                what statutory period are you speaking about? the time when you will be able to apply again for n400?

                the timeframe for n400 was 2 years and 9 months from date on your greencard to have applied. this is not what you are speaking of I am sure, because you already applied and were denied for child support payments.


                • #9
                  HMaxee, sorry but I think the best thing for you to do right now is to deal with the child support situation. Until you have it paid off or removed from the system, it is not worth getting US citizenship because you wont get any benefit of it. For instance, you will not get US passport if you owe more than $2,500 in child support. This applies to all born or naturalized us citizens.
                  Some States have started to refuse driver licence renewal due to unpaid child support.

                  Your best choice is to resolve the child support issue first, then take on N-400.

                  I understand that some women use their kids to get money or revenge on their spouses. The family court system is highly in favor of women, do not waste your time/money fighting it. Just deal with your ex and settle the case so that you can pay off the child support. Sorry, but a lawyer is just going to get more money out of you and your ex is going to be more pissed. And your family will become just another statistics. Dont fall for it. Your ex may be bitter, it is in your best interest to cool things down and to find a manageable situation. Keep your eyes on the prize, do not let your pride cloud your mind.