Unique N400 319b / i751 situation.

[Oleksandra Ryan 2]

Hello all!

 

I wanted to write a summary of the unique situation I am having on my wife's path to citizenship.  My wife became a conditional resident on September 24th 2016.  Earlier this year I was offered a position overseas which I accepted.  After doing a lot of research I decided to file my wife's N400 under the 319b and requested that we have the interview at the Fairfax Va location.  I filed that in April and she had her bio appointment on June 1st.  I was hoping we might be able to get a interview before leaving to start work overseas but that didn't end up happening.  

 

Since she is a conditional resident we still needed to file her i751 before her green card expired if we hadn't gotten the n400 interview yet.  We decided to wait around two months into the three month window to see if we were going to get an interview before we were required to send the i751 in.  We sent the package in three weeks ago to California but still haven't received the acceptance notification and our check hasn't been cashed yet.

 

This is where it gets interesting....  

We received a notice that our N400 interview is scheduled but it's being done at our local office which happens to be Montgomery Alabama.  We wanted to have it done at Fairfax because from what I understand they have a lot of experience with these cases and they also do same day oath ceremonies.  I suppose they can decided where we have the interview but I thought it was odd that if you are filing under 319b you can request where to have the interview.  

I've found a lot of information about people applying for citizenship while their ROC was pending so they had to wait and have both applications approved at the same time but I've never seen a situation like ours where we filed the N400 before the i751, have the citizenship interview scheduled prior to receiving notice that our ROC application has been received.  

 

I wonder if the 319b will trump the i751 because in this case it was filed before the ROC.  The only thing I got from the USCIS site is the N400 can't be approved if a i751 was filed before the N400.  

 

I plan to update this post just in case others run into a similar situation. 

 

 

[Qian 33]

Thanks for the info. I am very interested. Please let us know if there's any updates

I noticed that 319b cases are not very common here, plus a i751 filed afterwards.

Thank you!

[afortunada 182]

Didn't realize the question was so old. Removed comment as OP definitely has moved forward.

Edited December 5, 2018 by afortunada

[Oleksandra Ryan 2]

15 hours ago, afortunada said:

Didn't realize the question was so old. Removed comment as OP definitely has moved forward.

I apologize for not updated the post earlier.  My wife had her interview in Alabama and it took them a little while to figure out how to proceed with our case because the supervisor thought 319(b) was only for military but they were able to verify everything and she in now a US citizen.  It was overall a nice experience.  Actually happy we ended up at the Alabama center.  

[Aqualika 3]

On 12/6/2018 at 1:41 PM, Oleksandra Ryan said:

I apologize for not updated the post earlier.  My wife had her interview in Alabama and it took them a little while to figure out how to proceed with our case because the supervisor thought 319(b) was only for military but they were able to verify everything and she in now a US citizen.  It was overall a nice experience.  Actually happy we ended up at the Alabama center.  

Hey! Great to hear that your wife is a citizen now. I also applied under 319b in October. Could you tell please,how long did you wait for the interview? How prior did you receive the notice about interview? Was it accurate  the estimate waiting time, that showed in your uscis account? Was it the same day ceremony?  I have so many questions))) I filed overseas, but I need to fly back to states for my interview, so I appreciate every shared experience here. Because its drives me crazy))) Thanks!!

[klmnl2000 18]

On 9/10/2018 at 8:15 AM, Oleksandra Ryan said:

Hello all!

 

I wanted to write a summary of the unique situation I am having on my wife's path to citizenship.  My wife became a conditional resident on September 24th 2016.  Earlier this year I was offered a position overseas which I accepted.  After doing a lot of research I decided to file my wife's N400 under the 319b and requested that we have the interview at the Fairfax Va location.  I filed that in April and she had her bio appointment on June 1st.  I was hoping we might be able to get a interview before leaving to start work overseas but that didn't end up happening.  

 

Since she is a conditional resident we still needed to file her i751 before her green card expired if we hadn't gotten the n400 interview yet.  We decided to wait around two months into the three month window to see if we were going to get an interview before we were required to send the i751 in.  We sent the package in three weeks ago to California but still haven't received the acceptance notification and our check hasn't been cashed yet.

 

This is where it gets interesting....  

We received a notice that our N400 interview is scheduled but it's being done at our local office which happens to be Montgomery Alabama.  We wanted to have it done at Fairfax because from what I understand they have a lot of experience with these cases and they also do same day oath ceremonies.  I suppose they can decided where we have the interview but I thought it was odd that if you are filing under 319b you can request where to have the interview.  

I've found a lot of information about people applying for citizenship while their ROC was pending so they had to wait and have both applications approved at the same time but I've never seen a situation like ours where we filed the N400 before the i751, have the citizenship interview scheduled prior to receiving notice that our ROC application has been received.  

 

I wonder if the 319b will trump the i751 because in this case it was filed before the ROC.  The only thing I got from the USCIS site is the N400 can't be approved if a i751 was filed before the N400.  

 

I plan to update this post just in case others run into a similar situation. 

 

 

 

How far prior your departure did you apply?

[Oleksandra Ryan 2]

On 5/9/2019 at 6:07 PM, klmnl2000 said:

How far prior your departure did you apply?

 

Two months

On 12/11/2018 at 10:53 AM, Aqualika said:

Hey! Great to hear that your wife is a citizen now. I also applied under 319b in October. Could you tell please,how long did you wait for the interview? How prior did you receive the notice about interview? Was it accurate  the estimate waiting time, that showed in your uscis account? Was it the same day ceremony?  I have so many questions))) I filed overseas, but I need to fly back to states for my interview, so I appreciate every shared experience here. Because its drives me crazy))) Thanks!!

Sorry I didn't respond to this I just saw it.  Do you still need the info?