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Interview And Questioned In Marital And Continuous Residency Issues

Discussion in 'Naturalization to become a US citizen' started by Fondue, Jul 11, 2017.

  1. Fondue

    Fondue New Member

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    Hi I have a little query and a share of a carefully heard experience

    Today my ex-wife, who is also my friend, took the interview, and got the notice of "decision can not be made", and now she's fraustrated because the officer didn't believe her true answers.

    There are two issues.

    The first is, the officer didn't like the fact our marriage lasted only 10 months (08/2010 - 06/2011) and it was after I won my Diversity Visa. The officer thought she married me for the green card and divorced me after getting the green card in hand. As her ex-husband, I know the true story is, we've been living together since 2008 and planned to get married. So it was I won the DV before we got married, not we get married after I won the DV, different intention.

    But the officer asked her if she married me for the green card, repeatedly, in a way that the officer seemed to think she was lying. There's no other truth she could tell, we applied the DV program separately before getting married, and I won, and we get married as planned, and we registered. And in fact there's no guarantee that you marry a green card lottery winner and you will get green card, because you have to register as spouse and wait for final approval.

    So yeah we had some issues and divorced impulsively 10 month later, and we got alone pretty well afterwards. Since her DV2 visa is unconditional, we even entered America together, and we spend last 3 years together, and went to the field office together. So the relationship was real and true, but the officer didn't believe and didn't want to see evidence of our relationship since 2008. Just keep assuming and questioning that she married me for the green card.

    As for now I still live with her and her lovely son, who is not my biological child. About this, the officer commented "crazy". Isn't it unprofessional?
    If we still all get along so well, how come it was a fake marriage for green card? Officer saw me there holding the kid, and still thought it was all fake.

    The other issue is, we both had work contract when we I won the DV and had to go back to origin nation to fulfill contracts. I was able to finish my work and came to America within 6 months after first entry. But her contract was longer and she took main responsibility in the whole work and it would be very important for her future work seeking in America. So she had to travel back to origin nation and come back to the US once a little shorter than six months. And the officer thought she was just "touching down" and kept saying she has no intention to live here, despite the fact she filed tax including overseas income every year and she actually moved in for good since 01/2014. She brought her pets and money here and gave birth to her child here, all with records. But the officer just kept saying she doesn't want to live in the US. Oh I know she does want to live here cause we've been living in a house for 3 years. The officer called another officer in, to ask these questions over, she answered the same since there's nothing made up.

    She then got the paper saying the decision was not yet made, and she should follow instructions on N-14. She didn't get the N-14 on site.

    Now we both have confusions. Isn't fulfilling a contract a honest thing? Isn't filing tax including overseas income correct? Why would the office think she has no intention to live in the US after knowing she came back and already lived here 3 years right after fulfilling her contract?

    Another confusion is, she told the officer she had tax records, letters, and other documents, we prepared a lot, but the officer didn't want to see any, and officer later checked "follow N-14 instructions", why didn't the officer just read some of the papers she prepared?

    After reading a lot of threads I know right now we can probably just wait and see and maybe call CIS or our Congressman later.

    But I have a further concern, will this impact her re-entry after a brief absent in the future? Or even impact her LPR status?

    Thanks for your time reading.
  2. donisback

    donisback Guru

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    The burden is on you and her to prove that your marriage was in a good faith. It is assumed that your marriage is based for green card due to its short term.

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