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  • N-400 question

    Hi everyone !

    I am hopping to find someone with some knowledge or experience to help me.

    I received a letter today from INS saying that "pursuant to the investigation and examination of your application it is determined that you are ineligible for naturalization for the following reason"

    Let me give a brief history of my journey with INS. On April 8 2005 i filed N-400 and November 18 2005 I had my examination before the Service. By April of 2005 I had been married for more than 3 years and more than 3 years had passed since i had received my permanent residency card. March of this year i got divorced from my ex-wife and now I am denied because of this. On June of 2006 I was asked to forward initial documents. I notified them that I am divorced now and some of the documents they were asking me to send them were impossible to obtain. "Like Joint bank accounts, Insurance policy indicating spouse as beneficiary. " Instead I send them my sons birth certificates and uncontested divorce papers with child support payment proofs.

    Now they informed me with this letter that I am divorced from my USC spouse in March of this year. With such evidence I have not established eligibility for citizenship under the provision of Section 319 of the Act, supra.

    Question : When I applied for N-400 I was married April 8 2005, I was married on my examination date which was November 18 2005. Should i request for a hearing on this decision "under section 336 of the ACT"

    By the way she applied for divorce.

  • #2
    Hi everyone !

    I am hopping to find someone with some knowledge or experience to help me.

    I received a letter today from INS saying that "pursuant to the investigation and examination of your application it is determined that you are ineligible for naturalization for the following reason"

    Let me give a brief history of my journey with INS. On April 8 2005 i filed N-400 and November 18 2005 I had my examination before the Service. By April of 2005 I had been married for more than 3 years and more than 3 years had passed since i had received my permanent residency card. March of this year i got divorced from my ex-wife and now I am denied because of this. On June of 2006 I was asked to forward initial documents. I notified them that I am divorced now and some of the documents they were asking me to send them were impossible to obtain. "Like Joint bank accounts, Insurance policy indicating spouse as beneficiary. " Instead I send them my sons birth certificates and uncontested divorce papers with child support payment proofs.

    Now they informed me with this letter that I am divorced from my USC spouse in March of this year. With such evidence I have not established eligibility for citizenship under the provision of Section 319 of the Act, supra.

    Question : When I applied for N-400 I was married April 8 2005, I was married on my examination date which was November 18 2005. Should i request for a hearing on this decision "under section 336 of the ACT"

    By the way she applied for divorce.

    Comment


    • #3
      You did not write "following reason"

      Comment


      • #4
        On the 3 year rule of filing the N-400, you must be married at the time you file for the paperwork.

        I appears you tried to file under the 3 year rule but was divorced, and that why they denied you.

        Why cant you see that?

        Comment


        • #5
          following reason : Now they informed me with this letter that I am divorced from my USC spouse in March of this year. With such evidence I have not established eligibility for citizenship under the provision of Section 319 of the Act, supra.

          Comment


          • #6
            Marasmus I was married more than 3 years when i filed in 2005. I got divorced this year I was waiting the oat ceremony.

            Comment


            • #7
              There are some missprints on the original post.

              Question:" When I applied for N-400 I was married for more than 3 years April 2005.

              Comment


              • #8
                You must be married all the time, from application to the day you get sworn in as a citizen. If you divorce any day before that, you are not eligible.

                They are right, you are not eligible for citizenship. You now need to wait and get based on the 5 years as green card holder rule.

                Comment



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