Is it possible if I can apply citizenship before ROC done?

[EamanA 3]

13 minutes ago, JulieJulie said:

We did n400 for my husband before ROC was approved. We applied 90 days prior to the 3 year anniversary of his greencard. We did not have to wait for ROC. They adjudicated the cases together. When he got the appointment for his citizenship interview the officer also had our ROC case as well. 

Exactly which means both cases were completed which leads back to the same thing ROC has to be done 

[JulieJulie 3]

2 minutes ago, EamanA said:

And that could be because the officer adjudicated both cases at his interview which is the new precedure. One interview for two cases 

Right. But it is their process to adjudicate together. They dont make you wait for ROC they pull it and send both cases together. This is how it was explained to us by USCIS that it would happen and this is the reality of how it happened.

[EamanA 3]

2 minutes ago, JulieJulie said:

Right. But it is their process to adjudicate together. They dont make you wait for ROC they pull it and send both cases together. This is how it was explained to us by USCIS that it would happen and this is the reality of how it happened.

Years ago they use to didn’t care about the ROC at the naturalization now this is their new standard 

[NikLR 13,232]

39 minutes ago, EamanA said:

Years ago they use to didn’t care about the ROC at the naturalization now this is their new standard 

What are you on about?

 

You still need an approved ROC to have an approved naturalization.  Right now they adjuducate both together.  You do not need to wait for ROC to be completed before sending the N-400.  

[Dashinka 24,803]

16 hours ago, iulia.matey said:

A positive decision on N400 would nullify the need for ROC, correct? So they won't need an ROC decision before a N400 decision can be made.

No, both the N400 and ROC are independent and both have to be adjudicated.  My wife received her N400 approval about 30 days prior to her ROC approval.  The only thing the N400 approval did was keep USCIS from actually making a 10 yr GC.

[Camelot13 63]

I agree with @Bill & Katya. I don't believe it is their policy to necessarily adjudicate the N400 and ROC together. This seems to happen for a lot of people, but not everyone, so I don't believe it is USCIS's official stance to pair them if your N400 interview comes up. We were told this when we called USCIS this week, but it doesn't surprise me that you were told something completely different @JulieJulie. However, yes, the ROC does need to be approved first. We had the same experience, recently having the N400 interview but being told it can't be officially approved until ROC comes through. That's encouraging to know that yours (Bill & Katya) came only 30 days after. I might send you a PM to ask more about your experience if that's ok, since we're now in the dark about when our ROC will get approved. 

Edited June 28, 2018 by Camelot13

[Dashinka 24,803]

1 hour ago, Camelot13 said:

I agree with @Bill & Katya. I don't believe it is their policy to necessarily adjudicate the N400 and ROC together. This seems to happen for a lot of people, but not everyone, so I don't believe it is USCIS's official stance to pair them if your N400 interview comes up. We were told this when we called USCIS this week, but it doesn't surprise me that you were told something completely different @JulieJulie. However, yes, the ROC does need to be approved first. We had the same experience, recently having the N400 interview but being told it can't be officially approved until ROC comes through. That's encouraging to know that yours (Bill & Katya) came only 30 days after. I might send you a PM to ask more about your experience if that's ok, since we're now in the dark about when our ROC will get approved. 

Sure, I am always happy to share our experience.  In short, my wife had her N400 interview scheduled while the ROC was pending.  I went to interview with her and the IO asked me to come back for a brief (5-10 minute ROC interview), then Katya had her N400 interview.  She was recommended for approval on the N400, but a few days later we received the ROC transfer notice to NBC.  Online her N400 changed to approved awaiting oath scheduling.  The IO told us that the oath would not be scheduled until the ROC was approved and 30 days later we received the NOA for the ROC approval.  The oath was scheduled a few days later for June 11th.  She never received the 10 yr GC.

[NikLR 13,232]

23 minutes ago, Bill & Katya said:

Sure, I am always happy to share our experience.  In short, my wife had her N400 interview scheduled while the ROC was pending.  I went to interview with her and the IO asked me to come back for a brief (5-10 minute ROC interview), then Katya had her N400 interview.  She was recommended for approval on the N400, but a few days later we received the ROC transfer notice to NBC.  Online her N400 changed to approved awaiting oath scheduling.  The IO told us that the oath would not be scheduled until the ROC was approved and 30 days later we received the NOA for the ROC approval.  The oath was scheduled a few days later for June 11th.  She never received the 10 yr GC.

Sounds like they were adjudicated together since you had both interviews at the same time.  They probably sent the ROC to NBC just because it was approved and they could cancel getting the 10 year card.  Some sort of paperwork thing. 

[Dashinka 24,803]

1 hour ago, NikLR said:

Sounds like they were adjudicated together since you had both interviews at the same time.  They probably sent the ROC to NBC just because it was approved and they could cancel getting the 10 year card.  Some sort of paperwork thing. 

Agreed.  Although the IO never definitely said the ROC was approved after that interview, it would seem that the NBC transfer was more of a formality.

[mindthegap 2,605]

3 hours ago, Camelot13 said:

I agree with @Bill & Katya. I don't believe it is their policy to necessarily adjudicate the N400 and ROC together. This seems to happen for a lot of people, but not everyone, so I don't believe it is USCIS's official stance to pair them if your N400 interview comes up. We were told this when we called USCIS this week, but it doesn't surprise me that you were told something completely different

Official policy is:

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

 

"B. Spouses who Must Have an Approved Petition Prior to Naturalization

In all cases, a CPR applying for naturalization on the basis of marriage must have an approved petition prior to naturalization if the CPR:

•Has a pending petition to remove conditions at the time of filing the Application for Naturalization; or

•Reaches the 90-day period to file the petition to remove conditions prior to taking the Oath of Allegiance.

 

1. Spouses who Reach Petition Filing Period Prior to Naturalization.

In most cases, the 90-day period for filing the petition to remove conditions will have passed prior to an applicant becoming eligible to apply for naturalization. However, in some cases involving applicants whose citizen spouse is employed abroad and in cases in which a late filing of the petition to remove conditions is permitted, the 90-day filing period will start after filing for naturalization. 

Under these circumstances, the applicant must file the petition to remove conditions and the petition must be adjudicated prior to or concurrently with the naturalization application.

 

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.

 

 

 

Some further clarification 

^{https://www.uscis.gov/sites/default/files/USCIS/Laws and Regulations/Memoranda/cond_perm_resident_.pdf}

[Camelot13 63]

Thank you @mindthegap!! It's great to see it in the official policy statement. I  hadn't seen that before. The wording is vague enough that it could still go both ways - it does seem to imply the N400 may trigger adjudication of I751 if it hasn't been approved by the time the N400 comes up. However, I suppose it could also be that the N400 will be paused (not officially adjudicated one way or other even after the interview, we didn't have the "recommended approval" or "rejection" checked on the form they give you, just "N14 - The I751 is still pending"  and "passed English and civics test") so that it's still technically true that the I751 is adjudicated first or alongside it when it eventually arrives on someone's desk. 

 

Our situation is slightly different than yours @Bill & Katya. My husband had I-751 case transferred to NBC near the start of May, before we were assigned N400 interview. Then he had his N400 interview last week (June 23), but they said the I751 had to be adjudicated at NBC (and may require another interview or not) and they couldn't do it at the N400 interview even though I was there too and we had all our docs. We called USCIS this week and were told that his I751 was still at NBC and we just had to wait for it to happen, with no indication that his interview had triggered the I751 to be pulled. My hope is that it does because the interviewer said he was sending a note to NBC, and hopefully like Bill & Katya, we'll be notified of some movement within 30 days. We've got an infopass appt on July 11 for another extension stamp and will ask about it there too. 

[Camelot13 63]

Oh ok, just read the memo attached and that seems to be clearer that even if the IO doesn't have the I751 and it's at a different office they will request it and finalize adjudification. Thanks again for pointing to this resource!

 

(i) Form N-400 with Pending Form I-751 at Different USCIS Office.

Generally, a Form N-400 should not be continued to await the final adjudication of a Form I-751 that is pending at a different USCIS office. The adjudicator should conduct the Form N-400 examination as scheduled and should request the pending Form I-751 from the other USCIS office. Once the adjudicator IMPORTANT: This policy memo has been partially or fully superseded by the USCIS Policy Manual. Please visit www.uscis.gov/policymanual for current policy. Conditional Permanent Residents and Naturalization under Section 319(b) of the Act (AD09-28) HQ 70/6.1.8; HQ 70/34.1 receives the Form I-751, the adjudicator may adjudicate to completion both the Form N-400 and Form I-751 in accordance with all applicable provisions.

[Camelot13 63]

So sorry for the multiple posts, but when I was copying the memo it included some extra info that's not in that section of text and now I can't edit. Here's a cleaner version of that statement: 

 

(i) Form N-400 with Pending Form I-751 at Different USCIS Office. 
Generally, a Form N-400 should not be continued to await the final adjudication of a Form I-751 that is pending at a different USCIS office. The adjudicator should conduct the Form N-400 examination as scheduled and should request the pending Form I-751 from the other USCIS office. Once the adjudicator receives the Form I-751, the adjudicator may adjudicate to completion both the Form N-400 and Form I-751 in accordance with all applicable provisions.

[mindthegap 2,605]

49 minutes ago, Camelot13 said:

 Thanks again for pointing to this resource!

No worries....

There are thousands of documents like this floating around on the USCIS and other sites delving into and clarifying all sorts of policies.. Unfortunately finding them can sometimes be a challenge....