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N-400 Denied, Should I appeal or wait another year to reapply?
Hello All,
 
After all the wait and hard work, USCIS mailed me a notice that they denied my application. The feeling is hurt. I need your advice whether I should request a hearing or wait another year to reapply.
 
The detail of my case is as follow:
- End of December 2016, Filed N-400. Mailed out to the designated office.
- February 2017, Done with Biometric & Finger Print
- June 2017, Interview . Decision cannot be made. The IO said she would mail a request for additional documents before she can adjudicate her decision within two weeks.
- After almost a month, I received a mail with decision to deny my application instead of requesting for additional documents. The reason for denial is because they don't think that I have still been living in the marital union with my husband. My option is to request for a hearing within 30 days or the decision will become final.
 
Back ground:
- I applied based on three year marriage with my US Citizen Husband. We have been married for more than 4 years, but my green card has been issued for 03 years and 9 months.
- During 4 years married, marriage is not something we can predict. We were happy, then we fought, we broke up, we got back again. Started by my husband has been drinking too much, 4-5 times a weeks he brought friends home to drink until dawn. Left a messy house after every drinking night and I had to clean up every single time while I am overloading with my career as well. I had tried to talk to him, he did not listen to me but continue living that style. (He was not that bad before I married to him). The worst thing came when I found out he has an affair. After a big fight, I left the house immediately.
- We were in an informal separation for a few months. I requested a divorce. We started looking at the paperwork to see the procedure.
- A new man reached out to me. He seemed to be a good man. We started talking and dating while I had already been in process to legally divorce my husband because of what happened. When I was sick, he came visit and tried to take care of me. That day, before I took Nyquil, I asked him to leave. Then I took Nyquil and almost passed out. He stayed and whatever happened, it happened.
- My husband tried to reach out to me again and I heard he started changing after that. Even though he wanted us to go back together, but I could not overcome yet. He owned a business. Suddenly one day it got into fire, everything was gone. It was our big loss not just money but also our effort to build it. I went back to see him as , anyway, I am still his family.
- Another time, he failed down while painting the house. He broke his leg and got to be in a surgery. We were still separated and did not live together that time. His relatives called me of the accident. I came to hospital to take care of him.
- At the same time, I realized my bf (at that time) was in complicated relationship and still not settle with her.. It is very complicated, but he lied to me. I think he cheated on me as well. We broke up.
- After his discharge, he started giving up his bad habit of drinking with friends like before. He studied hard for another career and he made it. He works like crazy, 3 jobs instead of drinking like in the past.
- We decide to reunite again after all what happened. While he was in hospital, we found out he had infertility. That was the reason why we could not have any baby after 4 years marriage. I accepted it and moved forward with our life, maybe we could adopt a child in the future.
- After two months, with our busy working day to day schedule, I found out I was pregnant with the bf that I had relationship with during my separation with my husband. I gave birth to a beautiful baby. And the baby father wanted to take responsibility with my daughter, he wanted his right to be the father's name in the Birth Certificate and gave child support to raise the daughter.
- While I still married and living with my husband and my daughter, my husband loves her just like his own (as he can no longer have baby) . We are living together and my husband loves us enough to give up on any thing to continue as a family.
- The lucky thing is we all accept the fact and move forward with our life.
 
Now back to my case. I sincerely need advice in whether I should request an appeal or wait another year until I reach 5 year eligibility to reapply. What is the chance of approval when submitting a hearing request with evidence of us being together ? If I request for hearing, what is my chance of getting approved . If I wait for another year to file a new application, will the previous denial affect my new application.
 
The cost for a hearing is $700 by the way. It is almost as submitting new documents.
 
I know my life had been so hard. I went through deepest darkness from losing my mom of cancer when she was still young, the fire on our business, and the struggle with my own business that my business partner took advantage of me (I lost a lot of money), my situation on marriage and a child which is not my husband's and now my citizenship denial. It hurts me mentally that I am trying every single moment to manage myself from getting worse mentally. Every single recommendation and/or advice would be greatly appreciated.
 
Thank you.
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