Applied for removal of conditions 1 year ago, they ask for additional evidence but now I qualify for Naturalization. What to do?

[Sol Mari 2]

Hello Everyone!

I waited exactly 365 days to hear from the USCIS about my removal of conditions. They sent a notification requesting additional evidence (a lot of it).

- Joint utility bills, joint installments

- a will, a trust or power of attorney

- affidavits from 3 separate people that can attest to our "good faith" marriage

- any other documents not mentioned previously

My issue is that as of last Monday, I qualify for naturalization since I am married to a US citizen and have been living in the US for 3 years. Now my question is, what do I need to do? Do I have to send the information they request for my removal of conditions or can I ignore that in go ahead and submit my n-400 for naturalization purposes??

 

I haven't been able to get a human being on the phone line for the last few days. I would really appreciate any information.

 

Thank you!!

 

Edited April 23, 2017 by Sol Mari

[ctracker 6]

I think you should get your RFE done first. You can also apply for Naturalization but your I-751 will have to be adjudicated first before N-400 can be approved. 

 

Source: from reading what others have done on here. 

[Mollie09 1,543]

Your N-400 can only be approved after your I-751, even if it forces the approval. A pending RFE means you aren't otherwise approvable. You need to respond satisfactorily.

[charmander 692]

I'd respond to RFE asap and also apply for naturalization asap as well. From what I see, VSC takes 2-3 months to process RFEs. Meanwhile N400 would probably need longer time. (Your info says state is NY, what field office are you from? If NYC, wait is much longer than 3 months, if Buffalo wait would be around 4-5 months I think) If they like your additional evidences, you'll get approved before your N400 interview. If not, you'll most likely do a joint I751/N400 interview. N400 would force them to give priority to your I751 interview in that case. 

 

Remember you need to respond to RFE no matter what. If you fail to respond, they'll deny your I751 and you'll have a much bigger headache to deal with. 

[milimelo 4,477]

You're not eligible for naturalization until you have successfully removed conditions. Do the RFE and respond fully for I-751. In the meantime you can apply for N-400. 

[Fabien Kobbar1990 0]

Hello my dear,

It is the process to removal your status and get your I-751. You need 3 people as references who will confirm by letter that your marriage is real. And if you can provide some pictures too that will good.

Your application is probably on stand by, it is why you are waiting too long now. The whole process usually takes between 3 and 6 months. Please provide them what they ask for and move forward. More you are going to wait and more they are going to think something is wrong.

After you are done with the I-751, you can apply for a N400.

 

Good luck,

[Ketsuban 1,034]

1 hour ago, Fabien Kobbar1990 said:

Hello my dear,

It is the process to removal your status and get your I-751. You need 3 people as references who will confirm by letter that your marriage is real. And if you can provide some pictures too that will good.

Your application is probably on stand by, it is why you are waiting too long now. The whole process usually takes between 3 and 6 months. Please provide them what they ask for and move forward. More you are going to wait and more they are going to think something is wrong.

After you are done with the I-751, you can apply for a N400.

 

Good luck,

You actually don't need letters from 3 people. Those are among the weakest evidence to submit and should only be done if you have literally nothing else to provide. For removal of conditions, the number 1 thing they need is proof of co-mingling finances.

[Mollie09 1,543]

1 hour ago, Fabien Kobbar1990 said:

Hello my dear,

It is the process to removal your status and get your I-751. You need 3 people as references who will confirm by letter that your marriage is real. And if you can provide some pictures too that will good.

Your application is probably on stand by, it is why you are waiting too long now. The whole process usually takes between 3 and 6 months. Please provide them what they ask for and move forward. More you are going to wait and more they are going to think something is wrong.

After you are done with the I-751, you can apply for a N400.

 

Good luck,

 

Also, the process hasn't taken "between 3 and 6 months" in a very long time, and you don't have to be done with the ROC to apply for naturalization.

Please don't post if you're not familiar with the process.

[SM84 6]

On 4/23/2017 at 4:08 PM, Sol Mari said:

Hello Everyone!

I waited exactly 365 days to hear from the USCIS about my removal of conditions. They sent a notification requesting additional evidence (a lot of it).

- Joint utility bills, joint installments

- a will, a trust or power of attorney

- affidavits from 3 separate people that can attest to our "good faith" marriage

- any other documents not mentioned previously

My issue is that as of last Monday, I qualify for naturalization since I am married to a US citizen and have been living in the US for 3 years. Now my question is, what do I need to do? Do I have to send the information they request for my removal of conditions or can I ignore that in go ahead and submit my n-400 for naturalization purposes??

 

I haven't been able to get a human being on the phone line for the last few days. I would really appreciate any information.

 

Thank you!!

 

Hi @Sol Mari, its really unfortunate that you had to get the RFE after such a long wait, however,could you help us with information regarding why they are requesting for the above evidence specifically? What documents did you initially submit when you filed your i-751?

[Sol Mari 2]

On 5/1/2017 at 0:55 AM, svb said:

Hi @Sol Mari, its really unfortunate that you had to get the RFE after such a long wait, however,could you help us with information regarding why they are requesting for the above evidence specifically? What documents did you initially submit when you filed your i-751?

Hello! Thanks everyone for your help!

To respond to one of the questions, I am in North Carolina now (haven't updated my profile, I apologize) and still fall under the Vermont Service Center.

I did end up calling USCIS and they said I can indeed apply for Naturalization at any time, but should promptly send all the paperwork requested in the RFE for lifting of conditions.

The person on the phone also recommended I set up an infopass to request an extension, since both my green card and my extension letter are expired and it's becoming a headache. I am going to the office next week.

To answer your question, here is what I submitted originally (they sent me this comprehensive list in the RFE, I am just typing it for you all):

 

Identification documents

2013,14 and 15 IRS joint partial tax documents with no evidence they were properly filed with IRS

a document addressed to your spouse from [insurance company] listing you as the beneficiary

miscellaneous joint mail

the [bank] statement lists you and your spouse as joint account holders, however only covers one month of your marriage

joint health insurance

a document from [bank] addressed to your spouse

and [energy company] bill addressed in your spouse's name

a change of address confirmation made by you

 

Further bona fides of the marriage are being requested.

 

Here it goes on to list about 20 items (including affidavits of support) of things I should be sending in as proof of marriage.

We have no kids, no mortgage and no loans together (we are debt free), so that's a bit unsettling. Although I can definitely do a better job at sending bank information that covers our entire marriage and the "proper" IRS paperwork (still unsure what that is).

I am thinking of writing a letter explaining the purpose of each piece of evidence like: "the envelopes addressed to both me and my spouse are proof that we have lived together for 3 years" It seems to me that they missed that point ("miscellaneous joint mail").

 

Anyway, thanks everyone for the advice and for taking the time to respond!

 

M.

 

[Lemon23 400]

@Sol Mari USCIS asked you the confirmation of your changed address?

[SparklePony 238]

You don't need mortgages or loans but are both your names listed on car/home deeds or rental? As for the tax stuff, maybe get transcripts from the IRS websites, since they say they want proper IRS paperwork? Transcripts are proof taxes were indeed filed.

[Sol Mari 2]

4 hours ago, Lemon23 said:

@Sol Mari USCIS asked you the confirmation of your changed address?

No, it was just the only letter I had at the time with my name on it, since we had just moved into our apartment in NC when I sent the paperwork for the lifting of conditions.

[Sol Mari 2]

4 hours ago, SparklePony said:

You don't need mortgages or loans but are both your names listed on car/home deeds or rental? As for the tax stuff, maybe get transcripts from the IRS websites, since they say they want proper IRS paperwork? Transcripts are proof taxes were indeed filed.

only our rental lease, which is just a piece of paper signed by the landlord and both of us. No notary signature or stamp. Would that serve as evidence?

I am doing the IRS online thing today.

 

[Pinkrlion 2,716]

They want documents since you got married.  Send bank statements for evry month, send tax transcripts for those years. Send multiple bills since u got married.