n-400 without second green card

[one nation 1]

hi!!!i have a specific case for a year and a half and my i-751 case is still pending!!!everybody i talked ,gave me an advice to file the n-400 form to expedite the roc case!!!what i should do when i apply for naturalization without the second green card!!!do i need to write a separate letter or a notification about the pending of the i-751!!can anybody cuide me and give me a right advice please!!thank you sooooooo much

[CVB 18]

hi!!!i have a specific case for a year and a half and my i-751 case is still pending!!!everybody i talked ,gave me an advice to file the n-400 form to expedite the roc case!!!what i should do when i apply for naturalization without the second green card!!!do i need to write a separate letter or a notification about the pending of the i-751!!can anybody cuide me and give me a right advice please!!thank you sooooooo much

I don't know your "specific case" but the USCIS expects you to sent in a copy of the front and back of your GC. You need to be married for at least three years to the same person that was married to you when you got your GC and live together in a normal way as is expected from a married couple. Of course you can file N400, but I guess there must be a reason for the delay in removing the conditions of your GC. You are the one that can judge whether your "special case" is special enough to go through with it or not. We can't tell you that... too little specific information. I think it all depends on your marital status at this moment.

[NickD 203]

USCIS wants proof that you are a legal LPR. All we could send in was a front and back copy of my wife's expired conditional LPR card and a copy of her valid one year extension. Some may have to send that as well as a copy of their I-551 stamp in their valid foreign passport book or an I-94.

See the USCIS still limits you to sending in your I-751 to within 90 days prior to the expiration of your conditional green card, should extend that to two years and 90 days due to their very long processing times.

Or better yet, just drop that ROC thing, even with US citizens that are victims of fraud, they don't do anything about it, except tell the US citizen, they are still responsible for that I-864. And give many other loopholes for that immigrant to stay here. Just a bunch of #######, but does give motivation to become a US citizen so you can cut your ties with the USCIS.

[milimelo 4,582]

Apply for N400 and provide a copy of your I-751 NOA and copy of your 2-year card plus passport stamp I-551 - if you got one. N400 forces adjudication of I-751 and it's obvious you waited long enough.

Good luck!

[ELW 5]

Apply for N400 and provide a copy of your I-751 NOA and copy of your 2-year card plus passport stamp I-551 - if you got one. N400 forces adjudication of I-751 and it's obvious you waited long enough.

Good luck!

Agreed. This question came up many times on VJ and this is the right answer. Thanks, milimelo!

[one nation 1]

yea !!!i just talked to uscis over the phone and the guy said even if i apply they will denied my application because of my i-751 pending and i will just loose the money for the application fee!!!man they are something special i will immigrate faster on the moon that in this land of opportunity

[Kathryn41 3,205]

yea !!!i just talked to uscis over the phone and the guy said even if i apply they will denied my application because of my i-751 pending and i will just loose the money for the application fee!!!man they are something special i will immigrate faster on the moon that in this land of opportunity

This information you received 'on the phone' is incorrect. The person you talk to when you call the USCIS help line is not a USCIS officer - they are a call center employee who reads from a script and more often than not gives you the wrong information. It is called - not too affectionately - the "MIS-information line" by those in the know.

If you meet the conditions for citizenship application you are eligible to apply for citizenship even if they have not finished adjudicating your I-751. They can't approve your naturalization application UNTIL they approve the I-751, so your N400 is NOT DENIED. What happens is if they have not made a decision on the Removal of Conditions and you are applying for Citizenship, it forces them to make a decision on the I-751 first and then move on to the N400 application.

I repeat - the person you talked to on the phone is NOT an immigration officer and the information he gave you is WRONG.

[Kathryn41 3,205]

Here is information directly from the USCIS Adjudicator's Handbook verifying that the information the person on the phone gave you was wrong:

http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&CH=afm

Section 25.1(k) Naturalization Issues Relating to Conditional Residence

(2) Form I-751 and Form N-400 Issues

(A) Concurrent Adjudication of Pending Form I-751 and Form N-400 . Because of differences in the adjudication processing times for Form I-751 and Form N-400

and because conditional permanent residents are eligible to apply for naturalization

(if otherwise eligible) pursuant to 8 CFR 216.1, there may be instances when a

conditional permanent resident admitted pursuant to section 216 of the Act will apply

for naturalization while their Form I-751 is pending.

Unless otherwise provided by the Act, the adjudicator should ensure that the Form I-751

filed by the conditional permanent resident applying for naturalization is adjudicated in accordance

with section 216 prior to, or concurrently with, the adjudication of Form N-400.

In all cases where a final decision on Form I-751 has been reached, the

adjudicator should update MFAS accordingly.

(i) Form N-400 with Pending Form I-751 at Different USCIS Office. Generally, a Form N-400 should not be continued to await the final adjudication of a Form I-751

However, while the adjudication of a conditional permanent resident's naturalization

application should not be delayed solely because of USCIS processing delays of

Form I-751, a pending Form N-400 should not be approved under any circumstances

prior to the adjudication of a pending Form I-751, unless otherwise provided by the Act.

In all cases where a final decision on Form I-751 has been reached, the adjudicator should update

MFAS accordingly.

(ii) Form N-400 Filed under Section 319(a) or 319(b)

In almost all cases, a Form N-400 that is filed while a Form I-751 is pending will have been filed

pursuant to section 319(a) or 319(b) of the Act. These provisions require a higher level of evidence

of marital union and joint residence than is required for the approval of Form I-751 filed jointly.

If a Form I-751 is pending at the time of the conditional permanent resident's Form N-400

examination, the adjudicator should conduct the examination for naturalization. The

adjudicator should ensure that the applicant has established that they are the spouse of the

qualifying U.S. citizen and that they are in a bona fide marriage prior to the favorable adjudication of their Form

N-400.

If the Form I-751 is in the applicant's A-file and the applicant establishes their eligibility for naturalization under

Section 319(a) or 319(b), and also established that they have met the requirements under sections 216(b)(1)

and 216(d)(1)(A) of the Act (as evidenced by such documentation listed in 8 CFR 216.4(a)(5) ), the adjudicator

may approve the applicant's Form I-751 and Form N-400 concurrently. See AFM Chapters 25.1(k)(2)(A) and 25.1(e).

If the Form I-751 is not in the applicant's A-file, the adjudicator should proceed with the naturalization examination and

request the pending Form I-751 from the USCIS office with custody of the petition. However, the applicant's Form N-400

should not be approved until the pending Form I-751 is reviewed and approved based on a determination that the

applicant meets the requirements of section 216 of the Act. See AFM chapter 25.1(k)(2)(A)(i)

Edited November 3, 2010 by Kathryn41

[NickD 203]

What is true, its up to you to keep yourself legal, even if it means taking a day off of work and driving nine hours to get a I-751 stamp in your current foreign passport book. If you don't keep yourself legal, then you are in trouble.

Even with the IRS was able to make a mutually agreed upon appointment for an audit, can't even do that with the USCIS. Ironically, that idiot IRS auditor I had, learned just two weeks ago, he was indited six times for not paying his taxes, no telling what kind of idiot you will run into working for our government. Still bitter about that, just picked the wrong out of 1025 different forms they have, but the taxes were correct. Or that idiot they just hired at our SS office telling me my wife had to be there in person when I had all the information.

What really bugs me the most when you meet people like this, you have to be nice or would really get yourself in deep trouble.