N-400 passed but not adjudicated because I-751 still pending... Please help !

[Junster 0]

Hello,

I just had my N-400 interview in Tampa District Office while my I-751 is still pending at the same office. The officer asked about my wife, who unfortunately ended up in prison few weeks ago, so I told her "My wife is not available because I wasn't told to bring her and she had a schedule conflict" without revealing the information that she's in jail. IO said she cannot adjudicate my I-751 without my wife's presence and did not even ask for any joint documents and said we need to reschedule another interview for I-751 adjudication. She then went ahead with the citizenship test which I passed rightly. Then she went over the N-400 application and verified all the information and had me sign passport size photographs then sign the last two parts of the N400 form... Part 13. Signature at interview and Part 14. Oath of Allegiance.

And then I was handed the N-652 form saying "A decision cannot yet be made about your application" and the officer said USCIS will reschedule another interview for I-751 for both me and my wife and I'll be getting a notice in the near future. Now, what am I supposed to make out of all this ? I know I passed the naturalization test but I'm afraid if they reschedule me for I-751 interview with my wife and my wife is not likely to be out of prison in a long time as she has a trial hearing coming coming up on July 2nd and she's going to be sentenced for an extended period of time as per her attorney, so what choice do I have in this situation ?

Seeing how the DO in Tampa is treating the case (the spouse requirement for interview is a must) and realizing my wife won't be out before the the next rescheduled interview on whatever date, I'm afraid that even if I have to go the rescheduled interview alone again and explain to IO the whole situation about why my wife is not available, the Tampa DO wouldn't approve the case and give me another resecheduled date which would be a matter of few more months again as the DO case timeline suggests. I wonder it's going to take forever then.

I'm afraid but starting to think that divorcing her and then refiling for I-751 requesting a waiver with all the evidences of bona fide marriage would be a better and safer option. The thought of separating ways and getting divorced came in my mind earlier, but couldn't make a decision since both my I-751 and N-400 were pending (which still are, as of today, ironically). In fact, I already spoke today to a legal professional who has 30 years of experience and she echoed my idea of refiling the I-751 right after I finalize the divorce with my wife. My spouse and I have been talking about getting separated for months and she apparently has no problem with getting divorced, so that would speed the process of refiling I-751.

Is divorcing my wife and refiling for I-751 a solution rather than waiting for uncertainty of my wife's future and my case's postponement ? Please help and advise !

[Bobby+Umit 161]

Hello,

I just had my N-400 interview in Tampa District Office while my I-751 is still pending at the same office. The officer asked about my wife, who unfortunately ended up in prison few weeks ago, so I told her "My wife is not available because I wasn't told to bring her and she had a schedule conflict" without revealing the information that she's in jail. IO said she cannot adjudicate my I-751 without my wife's presence and did not even ask for any joint documents and said we need to reschedule another interview for I-751 adjudication. She then went ahead with the citizenship test which I passed rightly. Then she went over the N-400 application and verified all the information and had me sign passport size photographs then sign the last two parts of the N400 form... Part 13. Signature at interview and Part 14. Oath of Allegiance.

And then I was handed the N-652 form saying "A decision cannot yet be made about your application" and the officer said USCIS will reschedule another interview for I-751 for both me and my wife and I'll be getting a notice in the near future. Now, what am I supposed to make out of all this ? I know I passed the naturalization test but I'm afraid if they reschedule me for I-751 interview with my wife and my wife is not likely to be out of prison in a long time as she has a trial hearing coming coming up on July 2nd and she's going to be sentenced for an extended period of time as per her attorney, so what choice do I have in this situation ?

Seeing how the DO in Tampa is treating the case (the spouse requirement for interview is a must) and realizing my wife won't be out before the the next rescheduled interview on whatever date, I'm afraid that even if I have to go the rescheduled interview alone again and explain to IO the whole situation about why my wife is not available, the Tampa DO wouldn't approve the case and give me another resecheduled date which would be a matter of few more months again as the DO case timeline suggests. I wonder it's going to take forever then.

I'm afraid but starting to think that divorcing her and then refiling for I-751 requesting a waiver with all the evidences of bona fide marriage would be a better and safer option. The thought of separating ways and getting divorced came in my mind earlier, but couldn't make a decision since both my I-751 and N-400 were pending (which still are, as of today, ironically). In fact, I already spoke today to a legal professional who has 30 years of experience and she echoed my idea of refiling the I-751 right after I finalize the divorce with my wife. My spouse and I have been talking about getting separated for months and she apparently has no problem with getting divorced, so that would speed the process of refiling I-751.

Is divorcing my wife and refiling for I-751 a solution rather than waiting for uncertainty of my wife's future and my case's postponement ? Please help and advise !

First thing - you should of told the truth in the first place, you probably wouldn't of been in this mess.

There was a memo floating around USCIS that said they are making it so you do not need to refile your I-751 if your in the process of divorce. You should contact USCIS to see what they say about this (the memo indicated USCIS was going to implement this in Summer 2009). Source

Since your citizenship is based on your marriage/greencard, you will have to finish that process.

Edited May 29, 2009 by Bobby_Umit

[Junster 0]

Thanks for your response !

I just came back from attorney's office now and as my attorney suggested me, my wife and I can file for divorce and when it becomes final, I can re-file for I-751 with the waiver of joint spouse and and my current N-400 application will be cancelled. In the process, my re-filed I-751 will be approved in due time and I can file 2 years from now for naturalization again.

So the situation is taken care of already and the final outcome of the divorce when it happens will make things better again !