N400 3 year rule - Lawyer said not to send evidence?

[Dashinka 24,849]

9 hours ago, Lelita said:

I filed online in July and I filed paper in June. U were done within 3 months and I just finished my process last Friday. That's a huge difference there are people waiting for over a year just to have an interview schedule. I will strongly recommend to everyone to file on line! 

We filed paper under the 3 year rule and the case was at interview and approved in 3 months.

[Dashinka 24,849]

10 hours ago, juliava said:

I recall reading about one case last month where the person filed in NJ based on 3 yr marriage rule, did not mail out supporting evidence of marriage, brought it all at the interview and the officer did not look at it at all but asked the person to go home and send everything by mail. The couple was very disappointed. That being said, I would say mail everything now and bring copies at the interview. You have nothing to lose but gain a peace of mind. 

They should have sent them an RFE since the marriage certificate is a required document for the N400.  Again, unlike the I751, the list of required documents for the N400 is relatively light compared to the other submissions (K1/CR1/AOS/ROC, etc.) many of us have experienced.  In my opinion, if someone has a pending I751 and are also filing the N400, it does not make sense to load the N400 submission with the same extra evidence that is contained in the I751 considering the two submissions will be combined at the local office anyway?

[juliava 80]

1 hour ago, Bill & Katya said:

They should have sent them an RFE since the marriage certificate is a required document for the N400.  Again, unlike the I751, the list of required documents for the N400 is relatively light compared to the other submissions (K1/CR1/AOS/ROC, etc.) many of us have experienced.  In my opinion, if someone has a pending I751 and are also filing the N400, it does not make sense to load the N400 submission with the same extra evidence that is contained in the I751 considering the two submissions will be combined at the local office anyway?

Marriage certificate was initially sent, that was not the issue. However, again, what was not mailed was additional evidence of marriage because they had similar opinions and judgment as yours. If I have to weigh the two options - to mail or not to mail the evidence, I would choose to mail the evidence. I would also make copies of everything and bring it with me at the interview. So what if you mailed out similar documentation in the past for I751? What do you have to lose, really? It will all go into the same place- the person's immigration file - but at the end of the day, it is a separate application!  Let USCIS sort everything out, it is their job to go through the application and retain what they need. Never heard here of a case where USCIS penalized someone because they sent too much evidence or because the evidence provided was redundant. 

Edited April 13, 2018 by juliava

[Dashinka 24,849]

1 hour ago, juliava said:

Marriage certificate was initially sent, that was not the issue. However, again, what was not mailed was additional evidence of marriage because they had similar opinions and judgment as yours. If I have to weigh the two options - to mail or not to mail the evidence, I would choose to mail the evidence. I would also make copies of everything and bring it with me at the interview. So what if you mailed out similar documentation in the past for I751? What do you have to lose, really? It will all go into the same place- the person's immigration file - but at the end of the day, it is a separate application!  Let USCIS sort everything out, it is their job to go through the application and retain what they need. Never heard here of a case where USCIS penalized someone because they sent too much evidence or because the evidence provided was redundant. 

Couldn't you run the risk of upsetting an IO with a bunch of unnecessary documents attached to a form that doesn't ask for them?  I guess I just follow the instructions, and in the case you brought up, the IO sounds like they were in the wrong, but we do not know the entire story.  Was there a pending I751?  Was it a suspicious marriage based on other submissions.  I guess everyone can do what they want, but in the case of the N400 I didn't think they were again adjudicating the validity of an immigration marriage which has already been done for most people a couple of times (AOS/CR1 step and ROC step).

[Lelita 74]

U should consider yourself very lucky since everybody here whom filed paper is taking almost a year to be donde with this process. You can check for yourself. Well I guess it also depend on your field office. 

I'm a NYC paper filer!