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mseck8688

i 751 pending and separated

By mseck8688 in US Citizenship Case Filing and Progress Reports

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mseck8688 Enthusiast

mseck8688   16

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Filed: EB-1 Visa Country: Portugal
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i 751 joint pending and separation with possibility  reconciliation 

my window is opened to apply for citizenship 

 

can i apply for us citizenship without my wife . ?

i have all paperwork needed and we are not officially divorced . 

Cryssiekins Proficient

Cryssiekins   976

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Filed: Citizen (apr) Country: Canada
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If you’re headed for divorce, you should wait because you won’t qualify for another 2 years if you’re not married.  I realize you “may” reconcile, but if you don’t, it’s wasted $$ on the filing.  

MohU3 Explorer

MohU3   57

Posted
Filed: Citizen (pnd) Country: Egypt
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16 hours ago, mseck8688 said:

i 751 joint pending and separation with possibility  reconciliation 

my window is opened to apply for citizenship 

 

can i apply for us citizenship without my wife . ?

i have all paperwork needed and we are not officially divorced . 

I agree with Cryssiekins. I would wait to see what is going to happen in the relationship. If you get divorced or even stayed separated without a divorce. you won't be eligible and it will be a waste of money, time and energy. You will be eligible again in 2 years. Now I would put all my time and energy to get the 751 approved.

01I-751 #1 - March 2015 (Jointly filed)

April 2015: Bio-metrics completed

11/30/2018 Interview Notice for 01/07/2019

01/07/2019: Withdrawn at the interview due to divorce and another 751 filed after the divorce and switched to the waiver case

 

I-751 #2 - March 2017 (Waiver)

April 2017: Bio-metrics completed

01/07/2019: Interview

01/14/2019: Approval Notification via Email

03/15/2019: Had to file I90 since no card was sent

01/28/2020: Card is being produced (I751)

02/03/2020: Card in hand (I751)

 

N-400 #1 Feb 2016 (Pending)(3-year Rule) 

February 2016: N-400 filed under the 3 year rule.

February 2016: Bio-metrics completed

04/29/2016: Interview Notice in the mail For 06/08/2016

06/01/2016: Interview was cancelled due to unforeseen circumstances (probably cause the 751 was still pending)

01/16/2019: Case changed online again to interview was scheduled for 03/06/2019

03/06/2019 The Interview (Can't be approved since I'm not eligible for the 3 year rule anymore, will have to file again under the 5 year rule, FML)

03/09/2019: Official Deny letter Via certified mail

 

N-400 #2 March 2019 IOE (Pending)(5-year Rule) 

03/09/2019: N-400 filed online under the 5 year rule (Within 72 hours of the interview)

03/09/2019: NOA1 via web Portal

03/18/2019: NOA1 in the mail

03/19/2019: NOA2 via web Portal. Bio-metrics for 04/02/2019

03/21/2019: Successful early walk-in Bio-metrics

01/22/2020: Case changed to Interview was scheduled for 03/06/2020

03/16/2020: Denied for a dismissed criminal case 3 years ago

04/22/2020: Filled N336 to appeal the decision

 

afrocraft Rising Star

afrocraft   314

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Timeline
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You can apply for citizenship without your wife -- not just on the accelerated, 3-year timeline. You have to wait 5 years since becoming a LPR to apply. The reason is that, to quality for under the 3-year rule, you must be both 1) married to a US citizen for at least 3 years and 2) living in marital union for that period. In general, a separation violates the second criterion.

 
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