I-751 Interview Not Scheduled but want to do Naturalization

[Harmonia 211]

My neighbor filed his ROC I-751 over a year ago, got an RFE, and replied. He got an RFE because he originally had a notario/"immigration consultant" (who worked for our City, oddly enough) do his application. She only sent 6 months of proof, so they got RFEd asking for proof for the duration of their marriage. Then they heard nothing.

He contacted our congressional representative who finally replied today, and said his case is at the local office, and he's in a queue to be scheduled an interview. He should hopefully get the interview letter/date within 45 days (!!).

He's been wanting to naturalize to vote in the 2016 elections. At this point, should he wait till the I-751 is approved or can he still file for the I-400? I've read online here about both being adjudicated at the same point. That could happen - if he doesn't get the interview notice for 45 days, that's early March, say the interview is in April. By then it could be time for the I-400 interview. Thoughts?

[Cheezees 1,514]

I think you mean the N-400 form for naturalization. He should not wait (anymore). Applying for citizenship forces USCIS to adjudicate his ROC application. The RFE was unfortunate but he shouldn't have his case dragged on. Good luck!

[Darnell 8,478]

i say file now, if'n your friend is eligible.

which city is the notario in ? I ask, because in most cities in the USA, much of the 'work' done by a notario is illegal, requiring membership in the state bar.

[spring333 44]

My case was similar, i didnt have RFE but interview and was waiting on interview decision for 6+ months. I wanted to apply for N400 since i was eligible so i asked my friends cousin who works for USCIS and she said DO NOT APPLY. so i didnt.

i applied after i got ROC decision.

[charmander 692]

He's been wanting to naturalize to vote in the 2016 elections.

You know in a lot of countries voting is considered an important civic virtue but unfortunately in US voter turnout is typically less than 60% in the presidential elections. Tell your neighbor to mention this during his citizenship interview if they ask why he wants to naturalize. Good luck!

[Harmonia 211]

My case was similar, i didnt have RFE but interview and was waiting on interview decision for 6+ months. I wanted to apply for N400 since i was eligible so i asked my friends cousin who works for USCIS and she said DO NOT APPLY. so i didnt.

i applied after i got ROC decision.

What was the reasoning to not apply?

Thanks for the other responses. I shared him on this link to follow along.

From research online, it seems like the timeline would be:

1) Wait for interview date / Apply for N-400

3) Do ROC interview, whenever that is

4) Then do N-400 interview

Darnell- he did file a complaint with the State Bar, and the notarios (there were 2) actually lost their jobs. It was in the newspaper and everything! Sadly I think a lot of people were probably duped, my friend was actually told its NORMAL to get an RFE, that everyone gets one...and these notarios were paid with our tax dollars as City employees. Grrr!

Edited January 19, 2016 by Harmonia

[spring333 44]

I dont know, she works there and since she told me do not, i didnt, i was waiting for roc decision and applied after i got it. i didnt questioned her a lot to be honest.

[Hypnos 6,576]

It sounds like her advice was worth what you paid for it.

[Darnell 8,478]

eh - timeline matters, don't forget this.

If RoC was applied for, and not granted yet, [and not denied]

then

dig out a calendar, compute 3 years minus 90 days (89 days this year because of a leap year)

from 'resident since' date on the first green card

then

that date ?

That's the date , that's the date the friend can apply for citizenship. It doesn't matter the RoC casefile status. Some folk here at VJ have done this with positive results, gotten their citizenship granted and gone to the swearing in ceremony.

It's a boon-doggle, for certain, as

the A-File that was moved from storage into an adjudicator's queue for the RoC case,

gets moved to the local office for the Citizenship interview. There's nothing to worry about,

on this casefile movement, on your side, at all.

[Harmonia 211]

eh - timeline matters, don't forget this.

If RoC was applied for, and not granted yet, [and not denied]

then

dig out a calendar, compute 3 years minus 90 days (89 days this year because of a leap year)

from 'resident since' date on the first green card

then

that date ?

That's the date , that's the date the friend can apply for citizenship. It doesn't matter the RoC casefile status. Some folk here at VJ have done this with positive results, gotten their citizenship granted and gone to the swearing in ceremony.

It's a boon-doggle, for certain, as

the A-File that was moved from storage into an adjudicator's queue for the RoC case,

gets moved to the local office for the Citizenship interview. There's nothing to worry about,

on this casefile movement, on your side, at all.

Yep, its been long enough. There's a calculator on USCIS. I used it for my husband, who's also in ROC and planning to naturalize as soon as he's eligible in May. He ALSO wants to vote in the 2016 elections. I'm happy that immigrants want to naturalize to do their civic duty but sad many Americans don't. We recently had an election for Mayor and turnout was about 30%...

https://www.uscis.gov/forms/uscis-early-filing-calculator

[shefe 6]

eh - timeline matters, don't forget this.

If RoC was applied for, and not granted yet, [and not denied]

then

dig out a calendar, compute 3 years minus 90 days (89 days this year because of a leap year)

from 'resident since' date on the first green card

then

that date ?

That's the date , that's the date the friend can apply for citizenship. It doesn't matter the RoC casefile status. Some folk here at VJ have done this with positive results, gotten their citizenship granted and gone to the swearing in ceremony.

It's a boon-doggle, for certain, as

the A-File that was moved from storage into an adjudicator's queue for the RoC case,

gets moved to the local office for the Citizenship interview. There's nothing to worry about,

on this casefile movement, on your side, at all.

Do you have links to other people that actually did this because my wife filed for roc since april 2015 and no response and she is due to file for N-400 by april 2016

[Harmonia 211]

As an update, my friend randomly got his approval over the weekend. He was ultimately NOT called for an interview. The approval came in the form of a letter from the local field office, and it said the 10 year green card will come separately.

I wonder if they just now got around to looking at their RFE and scheduling the interview, and decided the RFE was enough.

Does the service center (VSC in this case) look at the RFE before sending it to the local office for interview?

My friend is currently saving up and studying for naturalization. He's still planning to file as soon as he's in a position to do so!

[nitehero 6]

As an update, my friend randomly got his approval over the weekend. He was ultimately NOT called for an interview. The approval came in the form of a letter from the local field office, and it said the 10 year green card will come separately.

I wonder if they just now got around to looking at their RFE and scheduling the interview, and decided the RFE was enough.

Does the service center (VSC in this case) look at the RFE before sending it to the local office for interview?

My friend is currently saving up and studying for naturalization. He's still planning to file as soon as he's in a position to do so!

The service center usually looks at the RFE response, but I guess they still thought an interview was necessary, so it was transferred to the local office