I-751 December 2017 Filers [merged threads]

[Stealth7x 3]

Hey guys, I just got a “your name has been updated” thrn a few min later it said “your DAte of birth has been updated” ......drum roll....... thoughts??????  My case was transferred from California to Nebraska in January 17th. 

[Amhara 460]

1 minute ago, Stealth7x said:

Hey guys, I just got a “your name has been updated” thrn a few min later it said “your DAte of birth has been updated” ......drum roll....... thoughts??????  My case was transferred from California to Nebraska in January 17th. 

Pretty good sign!  Do you have only one receipt number or two (from NOA & biometrics letter)?

[Stealth7x 3]

7 minutes ago, Amhara said:

Pretty good sign!  Do you have only one receipt number or two (from NOA & biometrics letter)?

I only have one WAC number and i just got in the mail a letter for biometrics for citizenship, it was sent recently

[Stealth7x 3]

1 hour ago, Amhara said:

Pretty good sign!  Do you have only one receipt number or two (from NOA & biometrics letter)?

I got a letter for biometrics for ROC at the beginning of last year saying they will use my old bios, then I got the 18mo letter right after 🤷🏻‍♂️ And on 2/24/19 I saw my case was updated but only the date changed. Today i got like 5 texts and i checked thr first one said name updated then dob updated. So yea Idk, only once a long time ago with DACA, I received name updated and then 10 days later my case was approved

[ML12 8]

Hello everyone!

I have been following this thread for a very long time and only  now decided to post.

I am a Vermont SC December 2017 filer from NY. Anyone else from New York? If so, did anyone from NY get approved?

Ughh this wait has been sooooo damn long I just have to vent haha 😪

Edited March 9, 2019 by ML12

[ML12 8]

7 hours ago, TZYe said:

Vermont December 2017 filer. Case number was EAC18083.

I just received notice that new card is being produced! It's been a looong and tumultuous journey.

Didn't get RFE or interview or transferred. No N-400. Not looking to become a citizen anytime soon.

Good luck, everyone! Hang in there!

Congrats!!!! Happy for ya😁

[Chiquitabella29 24]

An update on my husband’s N400, we filed on Wed 3/6 and just this morning received a notification of Biometrics appointment, I’m waiting for the document to be uploaded to “my USCIS account” to see when the appointment is. I was surprised to see such fast movement as we haven’t even received the NOA1 letter yet! It’s only been 3 days lol. However, No movements on the ROC yet.

The latest on the ROC: on mycase status it says “case transferred to local office on April 9, 2018” on the MyUSCIS page, it says “case transferred on February 27, 2018” I don’t know which one to believe. 

I’m also a little worried as our field office is Newark, NJ and not only do they take long to schedule an interview appointment, I read about another VJ member who went to his interview and expected to have a combo interview and the officer said “he wasn’t elegible for citizenship” when he clearly was, they even closed his case. 

I’m venting here because this has caused a little anxiety lately .

@Amhara I’m glad your husband got is interview appointment. I hope your strategy to get both cases joined works. I might try it too, I’m just afraid the Newark people are not competent enough to understand what we are requesting

[classyam 4]

21 hours ago, TZYe said:

Vermont December 2017 filer. Case number was EAC18083.

I just received notice that new card is being produced! It's been a looong and tumultuous journey.

Didn't get RFE or interview or transferred. No N-400. Not looking to become a citizen anytime soon.

Good luck, everyone! Hang in there!

Congrats! I got a notification yesterday too, except it was telling me my case was being transferred to another office.  After almost 15 months, ughrrr.

[Amhara 460]

9 hours ago, Chiquitabella29 said:

The latest on the ROC: on mycase status it

I’m venting here because this has caused a little anxiety lately .

@Amhara I’m glad your husband got is interview appointment. I hope your strategy to get both cases joined works. I might try it too, I’m just afraid the Newark people are not competent enough to understand what we are requesting

I will share the reference to the USCIS policy manual we included in the letter.  That instructs the officer to work the ROC with the application.

[mpmarks1975 7]

I received my new transfer notice today, in summary "we have completed a preliminary review of the application, as part of standard processing we transferred your case to Nebraska". No clue it went to California, then in June transferred to California, now Nebraska.

 

Case is WAC18075..... haven't applied for N400.

 

[Chiquitabella29 24]

1 hour ago, Amhara said:

I will share the reference to the USCIS policy manual we included in the letter.  That instructs the officer to work the ROC with the application.

That would be great! Thank you! 

[Amhara 460]

I cited it this way, "USCIS Policy Manual, Volume 12, Part D, Chapter 2 (B), Footnote 14."  You can read it HERE.  

 

This reads: 

B. Conditional Residence in the General Requirements (INA 316)
A conditional permanent resident (CPR) filing for naturalization under the general provision on the basis of his or her permanent resident status for five years [11] must have met all of the applicable requirements of the conditional residence provisions. [12] CPRs are not eligible for naturalization unless the conditions on their resident status have been removed because such CPRs have not been lawfully admitted for permanent residence in accordance with all applicable provisions of the INA. [13] Unless USCIS approves the applicant’s Petition to Remove Conditions on Residence (Form I-751), the applicant remains ineligible for naturalization. [14] 

 

So it sounds like bad news, right?  Nope, let's go to footnote 14:

See Part G, Spouses of U.S. Citizens [12 USCIS-PM G]; Part H, Children of U.S. Citizens [12 USCIS-PM H]; and Part I, Military Members and their Families [12 USCIS-PM I], for special circumstances under which the applicant may not be required to have an approved petition to remove conditions prior to naturalization.

 

By citing it this way, I am taking the officer to the right part of the policy manual, and referring to what applies to our situation.  Because really, it's Part G, Chapter 5 that is more in line with what we doing, so you may want to cite that too.  Since we have an interview scheduled, our letter was very concise.

 

But if you want to be extra careful, then cite Chapter 5 (B)(2), also.  Linked HERE .

 

This reads:

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] 

 

Footnote 6 is very, very, very important:

An officer should conduct the naturalization examination even if the petition to remove conditions is not in the CPR spouse’s A-file. The officer should follow internal procedures to request the petition. The officer must not approve the CPR spouse’s naturalization application until the officer has reviewed and approved the petition to remove conditions.

 

So this is clear that the naturalization adjudicating officer needs to review your case file.  There is a chance that the GC may get approved before the interview, though.  If the field office is a fast one, then expect a combo interview, but if it's a slow office, then based on the way the approvals are starting to come, you may not have to worry about it at all!

[GBOS 198]

11 minutes ago, Amhara said:

I cited it this way, "USCIS Policy Manual, Volume 12, Part D, Chapter 2 (B), Footnote 14."  You can read it HERE.  

 

This reads: 

B. Conditional Residence in the General Requirements (INA 316)
A conditional permanent resident (CPR) filing for naturalization under the general provision on the basis of his or her permanent resident status for five years [11] must have met all of the applicable requirements of the conditional residence provisions. [12] CPRs are not eligible for naturalization unless the conditions on their resident status have been removed because such CPRs have not been lawfully admitted for permanent residence in accordance with all applicable provisions of the INA. [13] Unless USCIS approves the applicant’s Petition to Remove Conditions on Residence (Form I-751), the applicant remains ineligible for naturalization. [14] 

 

So it sounds like bad news, right?  Nope, let's go to footnote 14:

See Part G, Spouses of U.S. Citizens [12 USCIS-PM G]; Part H, Children of U.S. Citizens [12 USCIS-PM H]; and Part I, Military Members and their Families [12 USCIS-PM I], for special circumstances under which the applicant may not be required to have an approved petition to remove conditions prior to naturalization.

 

By citing it this way, I am taking the officer to the right part of the policy manual, and referring to what applies to our situation.  Because really, it's Part G, Chapter 5 that is more in line with what we doing, so you may want to cite that too.  Since we have an interview scheduled, our letter was very concise.

 

But if you want to be extra careful, then cite Chapter 5 (B)(2), also.  Linked HERE .

 

This reads:

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] 

 

Footnote 6 is very, very, very important:

An officer should conduct the naturalization examination even if the petition to remove conditions is not in the CPR spouse’s A-file. The officer should follow internal procedures to request the petition. The officer must not approve the CPR spouse’s naturalization application until the officer has reviewed and approved the petition to remove conditions.

 

So this is clear that the naturalization adjudicating officer needs to review your case file.  There is a chance that the GC may get approved before the interview, though.  If the field office is a fast one, then expect a combo interview, but if it's a slow office, then based on the way the approvals are starting to come, you may not have to worry about it at all!

In Footnote #6 is also important to note that:

 

The officer must not approve the CPR spouse’s naturalization application until the officer has reviewed and approved the petition to remove conditions.

 

In most cases as it should be, both I-751 and N-400 should be together at the local office on the day of naturalization interview.  Many people have had it happened that way.

 

There are at least two instances reported on here where VJ members were rescheduled for a new N-400 interview date because I-751 file was not at the local office.

 

The manual is legally-oriented written, and they choose the wording very carefully.

 

You will note that it says the the officer “should” conduct naturalization interview — this means that the officer DOES NOT have to do it — when the I-751 file is not there.  The officer can choose to turn away the applicant and reschedule because N-400 cannot be approved without I-751 being approved anyway.

 

While it is clearly stated that, “the officer MUST NOT approve...” — this means that N-400 cannot be approved without I-751, and MUST is a stronger term than SHOULD.

 

I admire your proactiveness to try to make sure that I-751 file is there before N-400 interview and I would probably have done the same.  Knowing how USCIS works, you cannot force them to do anything.  If they do anything wrong, we the applicants suffer the consequences of longer wait.  Have been happening for 40 years.

Edited March 10, 2019 by GBOS

[Amhara 460]

1 minute ago, GBOS said:

You will note that it says the the officer “should” conduct naturalization interview — this means that the officer DOES NOT have to do it — when the I-751 file is not there.  The officer can choose to turn away the applicant and reschedule because N-400 cannot be approved without I-751 being approved anyway.

 

While it is clearly stated that, “the officer MUST NOT approve...” — this means that N-400 cannot be approved without I-751, and MUST is a stronger term than SHOULD.

 

I admire your proactiveness to try to make sure that I-751 file is there before N-400 interview and I would probably have done the same.  Knowing how USCIS works, you cannot force them to do anything.  If they do anything wrong, we the applicants suffer the consequences of longer wait.  Have been happening for 40 years.

2

Very true.  The USCIS does fairly decent, but when they mess up, they are really affecting that person's life big time!  I don't know how many interviews they expect an officer to have in one day, but if there are not enough documents, which would have caused an RFE, then that could certainly delay everything.  If the officer has to hold more than 4 interviews a day, then they still need to write up their report and other administrative stuff.  The caseload can get backed up and that leaves no additional time to review documents in a ROC case.  When I worked for the IRS, they wanted us to have six interviews a week and our calendars planned out for three weeks.  With a schedule like that, it's hard to fit in extra.

 

That leaves room to ignore a ROC petition!

[LCHANG 0]

On 2/22/2019 at 4:50 PM, Roy&Chanel said:

 

@LCHANG Thanks for the update, our list only note when case is move from State to State, but its really good news that your case is moving! Some of us are not moving since last year! (Like me  )

 

 

 

 

@Roy&Chanel, hope the best luck for you in this green card process!  

 

A quick updated,

My case was actually transferred to Nebraska instead. 

The case transferred notice resent at 3/6. 

i-751 card delivered at  3/9 without any approved noticed received.