I-751 August 2016 Filers

[shell20 746]

6 minutes ago, Zombie69 said:

I have talked about this topic to death with other applicants here. Yes, I got my CG through marriage, and I will be eligible to apply for N400 at the beginning of August. The thing is I know many bloggers here say one can go ahead and apply for 400 even though 751 is pending, the advantage if(IF there is any) is to get the ball rolling so one will be in line for the interview. I emailed my lawyer a while ago about this, she told me something very simple, they simply won't approve your 400 until 751 is approved no matter what, that is why I was saying she doesn't seem to advise me to do so. However, if the interview is available and your 751 is still pending, do they turn you away? Or do they just finish the civil test and just wait for one to inform the the approval of 751. I have heard mixed information as to what happens if that is the case. I just have this feeling that if the interview is available, and one is still waiting for 751 to be approved, mostly likely they won't do anything until one gets the 10 year green card. Maybe my lawyer was being conservative. An USCIS officer told me yes, i can apply when it is my time but there's no advantage to it. Most people here who want to do that is take a chance to see if there's an advantage to it, but my lawyer(very experienced one, she got my 601 waiver and everything else approved) seems to want to play it by the rules rather than taking a chance and depend on this notion of "You've got nothing to lose". So i will ask here again if I am in that situation.

There is no harm in applying and having it ready.  There have been people who have a joint interview for both, there have been some that have been turned away, however there was an interesting article regarding it in the USCIS manual and if memory serves me right it states that the 175-i file should be asked for if a person has applied for N400. I will find it for you and you can read it yourself. One minute whilst I look... Ok here https://www.uscis.gov/sites/default/files/USCIS/Laws and Regulations/Memoranda/cond_perm_resident_.pdf  There is an updated one which basically if again memory serves me right says that if the petitioner files for the n400 concurrently then ROC needs to be adjudicated as soon as possible, sometimes hand in hand..

[shell20 746]

18 minutes ago, Zombie69 said:

So our applications will eventually end up in field offices? Do you know?

No it normally goes to field offices for interview and interviews are rare.

[Name O Boy 511]

1 hour ago, Zombie69 said:

I have talked about this topic to death with other applicants here. Yes, I got my CG through marriage, and I will be eligible to apply for N400 at the beginning of August. The thing is I know many bloggers here say one can go ahead and apply for 400 even though 751 is pending, the advantage if(IF there is any) is to get the ball rolling so one will be in line for the interview. I emailed my lawyer a while ago about this, she told me something very simple, they simply won't approve your 400 until 751 is approved no matter what, that is why I was saying she doesn't seem to advise me to do so. However, if the interview is available and your 751 is still pending, do they turn you away? Or do they just finish the civil test and just wait for one to inform the the approval of 751. I have heard mixed information as to what happens if that is the case. I just have this feeling that if the interview is available, and one is still waiting for 751 to be approved, mostly likely they won't do anything until one gets the 10 year green card. Maybe my lawyer was being conservative. An USCIS officer told me yes, i can apply when it is my time but there's no advantage to it. Most people here who want to do that is take a chance to see if there's an advantage to it, but my lawyer(very experienced one, she got my 601 waiver and everything else approved) seems to want to play it by the rules rather than taking a chance and depend on this notion of "You've got nothing to lose". So i will ask here again if I am in that situation.

You can File N-400 even if your I-751 is pending this is the law. The IO can not turn you away if you fullfill the criteria. In most cases they will take your I-751 and N-400 interview together or they might approve your I-751 before your N-400 interview. I have attached the updatated policy. 

2. Spouses with Pending Petitions and Naturalization Applications

An application for naturalization may not be approved if there is a pending petition for removal of conditions. If an applicant’s petition to remove conditions is pending at the time of filing or is filed prior to the interview, USCIS will adjudicate the petition to remove conditions prior to or concurrently with the adjudication of the naturalization application. ^[6] 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter5.html

[Zombie69 363]

4 hours ago, Name O Boy said:

You can File N-400 even if your I-751 is pending this is the law. The IO can not turn you away if you fullfill the criteria. In most cases they will take your I-751 and N-400 interview together or they might approve your I-751 before your N-400 interview. I have attached the updatated policy. 

2. Spouses with Pending Petitions and Naturalization Applications

An application for naturalization may not be approved if there is a pending petition for removal of conditions. If an applicant’s petition to remove conditions is pending at the time of filing or is filed prior to the interview, USCIS will adjudicate the petition to remove conditions prior to or concurrently with the adjudication of the naturalization application. ^[6] 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter5.html

So you are saying they could "expedite" it, I will attach this and let my lawyer see that. Thanks a lot.

[Name O Boy 511]

1 hour ago, Zombie69 said:

So you are saying they could "expedite" it, I will attach this and let my lawyer see that. Thanks a lot.

You are welcome, Yes in many cases they will expedite your case. I was reading one of a VJ thread and one of the petioner got his I-751 approval right before his N-400 interview. You don't have to wait for N-400 if you are permanent resident for 2 years and 9 months and with other requirements in consideration. Good luck and i am prerry sure you will have the last laugh. Regards 

Edited May 25, 2017 by Name O Boy

[Zombie69 363]

30 minutes ago, Name O Boy said:

You are welcome, Yes in many cases they will expedite your case. I was reading one of a VJ thread and one of the petioner got his I-751 approval right before his N-400 interview. You don't have to wait for N-400 if you are permanent resident for 2 years and 9 months and with other requirements in consideration. Good luck and i am prerry sure you will have the last laugh. Regards 

Thanks a lot, I appreciate it. I think I got nothing to lose by applying for 400 now that I have seen the direct quote form USCIS, thanks to you.

[Zombie69 363]

18 hours ago, shell20 said:

No one knows, I doubt its going to change until next month, however don't panic as according to statistics from the timelines on here, CSC are actually processing some applications dated June 30th, so there is movement. Remember that is March statistics and we are now in May, soon to be June.

Just have to keep waiting and waiting..

[Zombie69 363]

15 hours ago, Zombie69 said:

So you are saying they could "expedite" it, I will attach this and let my lawyer see that. Thanks a lot.

Hey, thank you so much for your information. I forwarded the link and highlighted the paragraph to my lawyer and we will file 400 at the beginning of August this year regardless of whether 751 is pending or not. I really appreciate it.    

[AustinCanada 681]

59 minutes ago, Zombie69 said:

Hey, thank you so much for your information. I forwarded the link and highlighted the paragraph to my lawyer and we will file 400 at the beginning of August this year regardless of whether 751 is pending or not. I really appreciate it.    

I'm sending my US Citizenship application on Aug 20!  

 

I've already filled out the application and gathered my supporting documents!  

 

I'm also studying for the US Citizenship exam!  

[Name O Boy 511]

1 hour ago, Zombie69 said:

Hey, thank you so much for your information. I forwarded the link and highlighted the paragraph to my lawyer and we will file 400 at the beginning of August this year regardless of whether 751 is pending or not. I really appreciate it.    

You are welcome, i am very happy for you and best of luck. Regards

Edited May 25, 2017 by Name O Boy

[Zombie69 363]

58 minutes ago, AustinCanada said:

I'm sending my US Citizenship application on Aug 20!  

 

I've already filled out the application and gathered my supporting documents!  

 

I'm also studying for the US Citizenship exam!  

I will file mine around 8/1 to 8/4. I have been gathering supporting documents since I turned in my 751. The citizenship exam is easy. I can just wait and memorize it when the time comes!

[Zombie69 363]

36 minutes ago, Name O Boy said:

You are welcome, i am very happy for you and best of luck. Regards

Good luck to you too, Thanks again.

[Pinkrlion 2,711]

3 hours ago, Zombie69 said:

I will file mine around 8/1 to 8/4. I have been gathering supporting documents since I turned in my 751. The citizenship exam is easy. I can just wait and memorize it when the time comes!

Filing in August as well.  Where do u find exam?

[Zombie69 363]

12 minutes ago, Pinkrlion said:

Filing in August as well.  Where do u find exam?

There is a study guide on USCIS' website. Have to look for it

[Zombie69 363]

3 hours ago, Pinkrlion said:

Filing in August as well.  Where do u find exam?

Here it is. https://www.uscis.gov/citizenship/learners/study-test