Failed I-751 at N400 Interview

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Old Jul 15th 2008, 9:47 pm
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Default Failed I-751 at N400 Interview

We filed the I-751 in March of 2007 and then the N-400 in March of 2008. We went for my husband's citizenship interview today and the officer said that he passed the citizenship test, but not the I-751 part, saying that we needed more relationship proof. I've never heard of anyone NOT passing the I-751 interview. The officer was very irritated and said that he was out of status, since his extension letter expired back in April 2008, and so she wrote OUT OF STATUS in big red letters in his file. I told her that we didnt think he was actually out of status, and that we had the letters showing his pending cases, but she said no, his employer shouldnt have even let him work. Then she wanted to see a current lease, but I dont have one since I am an apartment manager and so I had brought a letter from my boss saying that we lived on site with our two children and also a letter from our last landlord saying what good residents we had been for 3 years, plus a copy of the old lease, but it still didnt make her happy.

She was also irritated when I explained that our mailing address was a rented mail box, but it didnt specifically say "P.O. box", it looks more like an apartment address, and she was mumbling something about "what if they try to go to your door" and I pointed out that the form has a place for a HOME address and then below is the MAILING address, but she still wrote in red ink all over it. Then she wanted current bank statements and even though I specifically asked Asghar if he had current bank statements in the file and he said YES, he really meant NO, and the officer was even more irritated. We gave her a recent insurance statement showing me on Asghar's health plan thru his work, but it wasnt enough. Keep in mind that when we filed the I-751, we sent in a ton of relationship proof and she had it all in her file in front of her. She wanted to know if we had any receipts from travelling or vacationing recently, but we just had old stuff, like our family trip to Disneyland, but it was 2 years old and so she didnt care about it. UGGGHHHH!!!! She started asking us how we met and writing down notes, and when I said we met on line, things just went from bad to worse. She asked Asghar where we got married and he said "downtown portland", and she was like, oh? At the courthouse? I'm sure she already knew that was not right... the wedding place was not even downtown, so I tried to correct it and smooth it over saying that the lower east side looked like the downtown area. She took notes in her red ink while asking me about my visits to Pakistan and my job history. It was a nightmare.

After this, the officer had me leave the room and grilled Asghar about stuff like, Isn't it unusual for him to wait so long to get married (he was 27 when we met) and then put him thru his paces with about 15 test questions,even though he knew all the answers - even had him name all 13 original states, and then had him write three difficult sentences. In the end, she said he passed the citizenship test, but we didnt have enough relationship proof to approve the I-751 and we will be receiving some letter in the mail. What does this mean?? I am assuming it will be some kind of RFE, but I dont know what else we can give them that we havent already submitted, bank statements for sure, and I'll try to see what else I can come up with. The officer did say that maybe in 3 months Asghar can get his citizenship, so there is hope, but I am just really upset today. I've never heard of anything like this happening before.

Marnee

Last edited by USA & Pakistan; Jul 15th 2008 at 9:50 pm.
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Old Jul 15th 2008, 10:02 pm
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Default Re: Failed I-751 at N400 Interview

Oh dear! Sounds like time for one of them there attorneys. Sometimes sh!t happens -- sounds like you've got the officer from hell.
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Old Jul 15th 2008, 10:15 pm
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Default Re: Failed I-751 at N400 Interview

Aggh sounds like you got the wrong person on the wrong day there.
The interviews can be very tough (They flew a guy in especially for mine) and depending upon your background (Which just gets more as you get older) they have a rack of procedures to go through. At one point I was so disillusioned by the process I sold everything and almost flew back to the UK.

All said it should be a fair scenario for everyone but each time something other than the regular straightforward answers arise the path becomes more complex, more so as world politics and global security effects the picture.
There job isnt easy by any means and when you consider the consequences of a mistake its overwhelming, however I think like all of us they just want a good day at work and to go home, the complex cases just add to their work stress. A misspoken comment or correction is bound to arise suspicion and make them think of possibly the worst. As does anything you mention that is not already in their file, as they consider it may not be complete.

Travelling further complicates issues and I didnt visit home (UK) for some four years so that it didnt complicate the file. International transactions add more to the mix, their file for me was the size of suitcase by the time I had finished the process. They knew stuff about my childhood I didnt even remember.
Best advice I can offer is dont be discouraged, they are meant to rattle you a little and try to trip you up, its their job. Ive had others with me sent out of the room, quite abruptly too. If all is in order then focus on how you can help them make a good decision by taking way more stuff with you than they could possibly need, recent photos, financial records, tax stuff and prepare a sheet for both of you with all the dates exactly right. Hey renting is no fun when you move every 6 - 12 months I know your pain there.

Finally be absolutely respectfull to them, treat them with your undivided attention and despite what you may or may not think about them regard them as your absolute superior. Its a simple rule but if you dont show the respect for authority of their staff then they look highly doubtfull as to your respect for this country and sometimes a distraction or mispoken word can be all it takes. All said it doesnt sound like the end of the world so hold in there keep trudging through the process and get them the information they need.

Good Luck
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Old Jul 15th 2008, 10:56 pm
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Default Re: Failed I-751 at N400 Interview

Oh ya, and we gave the officer our 2007 joint tax return that she wanted.

Marnee
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Old Jul 15th 2008, 10:59 pm
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Default Re: Failed I-751 at N400 Interview

Originally Posted by USA & Pakistan
Oh ya, and we gave the officer our 2007 joint tax return that she wanted.

Marnee
I feel for you, Marnee. I wish they had called you guys in for an interview on the I-751 a long time ago if they had this many questions about it. How awful to drag you through it at the same time as the N-400 stress. Ugh.

Rene
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Old Jul 15th 2008, 11:09 pm
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Default Re: Failed I-751 at N400 Interview

As an added thought, since you've had the interview I believe that USCIS have 180 days to rule yay or nay for the naturalization petition or you have a definite mandamus writ. So there's something bright for you.
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Old Jul 15th 2008, 11:20 pm
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Default Re: Failed I-751 at N400 Interview

Oh Marnee! I'm so sorry to read that---how stressful!
I've got extreme faith that she was just ringing your bell a little bit; try not to panic yet.
And fatbrit makes a good point.
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Old Jul 16th 2008, 12:44 am
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Default Re: Failed I-751 at N400 Interview

Marnee, I don't really have any advice but I just wanted to say how sorry I am and that I hope everything works itself out in the end. I know it's hard, frightening and frustrating but keep your chin up -- we're hear to listen and lend an ear, if nothing else.

{{{{ Marnee }}}}

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Old Jul 16th 2008, 5:44 am
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Default Re: Failed I-751 at N400 Interview

Marnee, I really know how you feel. My I751 was pending for 2 years so they interviewed me both I751 and N400 at the same time. Because of the big different age. So The officer interviewed us seperately and took about 45 minutes for her to approved me. So hang in there. I hope you will hear the good news from them soon. Best wishes.
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Old Jul 16th 2008, 1:08 pm
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Default Re: Failed I-751 at N400 Interview

Marnee, sorry it has come to this. But it is not your doing, but the misinformation of the DAO. Your husband is out of status, if that, only since the time she rejected your I-751. And that I am not 100% sure of since I believe he might well be in status until and immigration judge proclaims this.

Sounds more like you have to give her more documentation including some of the same stuff you previously gave. Also I have to ask after all this time in the US why your husband is not familiar with the facts of where you married (time and actual place), etc.

Please, please, please retain a US Immigration versed attorney to handle this from this moment onwards. Good luck.

Rete

PS If the children are his did you bring their birth certificates?
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Old Jul 16th 2008, 3:10 pm
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Default Re: Failed I-751 at N400 Interview

I agree with Rete. Get an Immig attorney ASAP. Also, as far as my knowledge goes she can reject I-751 but cannot OoS Asghar.


Originally Posted by Rete
Marnee, sorry it has come to this. But it is not your doing, but the misinformation of the DAO. Your husband is out of status, if that, only since the time she rejected your I-751. And that I am not 100% sure of since I believe he might well be in status until and immigration judge proclaims this.

Sounds more like you have to give her more documentation including some of the same stuff you previously gave. Also I have to ask after all this time in the US why your husband is not familiar with the facts of where you married (time and actual place), etc.

Please, please, please retain a US Immigration versed attorney to handle this from this moment onwards. Good luck.

Rete

PS If the children are his did you bring their birth certificates?
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Old Jul 16th 2008, 3:54 pm
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Default Re: Failed I-751 at N400 Interview

Originally Posted by Rete
Your husband is out of status, if that, only since the time she rejected your I-751.

Rete

PS If the children are his did you bring their birth certificates?
One good thing is that she did stamp his expired passport to extend his status. The kids are mine, but they do both live with us. I am going to wait and see what kind of letter the officer sends to us and then go from there, with an attorney, if needed. I am really hoping that they will just approve it after they see all of the proof that we sent in originally with the I-751, plus the additional stuff we brought in to the interview. We've been living together for almost 4 years, no legal problems, steady jobs... I really feel that the officer had already made up her mind before we even sat down. It also struck me as odd that she would ask so much at this interview, when at the AOS interview, they just asked to see our photos and then it was done.

Thanks, everyone, for the replies and support. I have always loved this site and the colorful members.

Marnee
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Old Jul 16th 2008, 4:06 pm
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Default Re: Failed I-751 at N400 Interview

Originally Posted by USA & Pakistan
One good thing is that she did stamp his expired passport to extend his status.
Geez...how weird is that...for her to write in big red letters "OUT OF STATUS" on his paperwork, and then turn around and extend his status by giving him an I-551 stamp???

So obviously he's not out of status, he now has an I-551 stamp to prove it! I hope that was just a dummy copy she was writing on, just to fool you, and that doesn't stay in his file!

Rene
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Old Jul 16th 2008, 4:19 pm
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Default Re: Failed I-751 at N400 Interview

Originally Posted by USA & Pakistan
We filed the I-751 in March of 2007... The officer was very irritated and said that he was out of status, since his extension letter expired back in April 2008
How utterly absurd. The reason the letter expired is because THEY didn't adjudicate your case within a year. They are the ones running late, and now they are turning round to blame you :curse:

My extension letter will expire next month also
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Old Jul 16th 2008, 4:27 pm
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Default Re: Failed I-751 at N400 Interview

Originally Posted by Rete
Also I have to ask after all this time in the US why your husband is not familiar with the facts of where you married (time and actual place), etc.
I asked him the same question! We got married two months after he arrived here and he was not familiar with the city. He thought we were downtown, but really it was about a mile and accross the river from downtown. Just one more nail in the coffin.

Marnee
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