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Applying for Naturalization under 5 year rule with I-751 divorce waiver pending

By OhWait in Removing Conditions on Residency General Discussion

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OhWait Explorer

OhWait   12

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Hi everyone,

 

I wanna start by thanking you for all the help you've provided throughout the years. My story in short: I switched to a divorce waiver end of Sept 2019 and that is still pending. In the meantime I am eligible to apply for naturalization based on the 5 year rule. (90 days before my GC anniversary of Feb 2020). My lawyer says it would be prudent to apply for naturalization since that might push them to adjudicate the I-751 faster.(pending since Dec 2016) 

The N-400 application seems fairly straight-forward and I see so many apply without the assistance of a lawyer.
Do you think I should stick to having my lawyer apply for it since he applied for everything else so far? Should I wait for the 751 to be adjudicated first, which seems to be an endless process?
 

Any advice is much appreciated! 🙂

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OhWait Explorer

OhWait   12

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5 minutes ago, Georgia16 said:

Seems like a very long time your ROC have been pending? Any red flags?

Long indeed. No red flags on my part. They are telling me pending security checks when it comes to I-751. I involved senators, congressmen and Ombudsman and all got the same answer back. So my last resort is filling for citizenship to speed up this endless process. 

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Georgia16 Mentor

Georgia16   2,858

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11 minutes ago, OhWait said:

Long indeed. No red flags on my part. They are telling me pending security checks when it comes to I-751. I involved senators, congressmen and Ombudsman and all got the same answer back. So my last resort is filling for citizenship to speed up this endless process. 

Your problem will be that they can’t speed up security checks. You can file N-400 but you may end up getting stuck there also.

 

 

 

 

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OhWait Explorer

OhWait   12

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4 minutes ago, Georgia16 said:

Your problem will be that they can’t speed up security checks. You can file N-400 but you may end up getting stuck there also.

I am aware of that but I can't wait anymore for that darn 751 and hope they give me some sort of answer or combo interview. 

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mindthegap Experienced

mindthegap   2,590

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'Security Checks' is often their BS excuse for something else, either an error on their part, or something else going on behind the scenes.... or it could actually be security checks....

File the N-400. Nothing to lose.

Edited by mindthegap

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

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Georgia16 Mentor

Georgia16   2,858

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2 minutes ago, OhWait said:

I am aware of that but I can't wait anymore for that darn 751 and hope they give me some sort of answer or combo interview. 

Just file it and see what happens. I wouldn’t use a lawyer for it. 5 year rule is pretty simple. Online filing is the easiest.

 

 

 

 

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OhWait Explorer

OhWait   12

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4 minutes ago, mindthegap said:

'Security Checks' is often their BS excuse for something else, either an error on their part, or something else going on behind the scenes.... or it could actually be security checks....

File the N-400. Nothing to lose.

Yea, I'm pretty set on applying this week. 

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Pinkrlion Mentor

Pinkrlion   2,724

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The  only good thing about filing the N-400 is a new set of fingerprints to run for the background checks.  It depends upon where you live if they do a combo interview.  Some local offices will not approve your N-400 until I-751 is approved.  

Phase I - IV - Completed the Immigration Journey 

 

 

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Amadia Proficient

Amadia   711

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7 hours ago, OhWait said:

So my last resort is filling for citizenship to speed up this endless process. 

Naturalization does not speed up any process. You may very well have your Naturalization interview with a "we are unable to make a decision at this time" because of your pending i-751 which a Supervisor will have to thoroughly review....it sucks....but it happens.

Best of luck to you on this immigration journey :thumbs:

IR-1/CR-1
Spoiler

GOT MARRIED: 3-APR-2015 :wub:

HUSBAND FILED I-130: 29-MAY-2015

VISAS APPROVED: 15-JUN-2016

VISAS IN HAND; GREEN CARD FEES PAID: 21-JUN-2016

PORT OF ENTRY - FT. LAUDERDALE INTL AIRPORT: 06-AUG-2016
CONDITIONAL GREEN CARDS RECEIVED: 23-SEP-2016
 
I-751 FILER   
Spoiler
FILED REMOVAL OF CONDITIONS: 25-JUN-2018
FILE SENT TO NEBRASKA SERVICE CENTER 11-MAY-2019
10-YR GREEN CARDS APPROVED 17-JUN-2019 
10-YR GREEN CARDS RECEIVED 21-JUN-2019 :dance: 

N-400 FILER
Spoiler
FILED CITIZENSHIP ONLINE; RECEIVED NOA1: 8-DEC-2019
BIOMETRICS WALK-IN: 18-DEC-2019
INTERVIEW SCHEDULED: 26-OCT-2020
APPROVED/SAME DAY OATH CEREMONY: 26-OCT-2020
 
US PASSPORT
APPLICATION APPOINTMENT AT USPS (ROUTINE): 16-SEP-2021
PASSPORT APPROVED: 30-SEP-2021
PASSPORT RECEIVED: 5-OCT-2021
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geowrian Grand Master

geowrian   22,337

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5 hours ago, Pinkrlion said:

Some local offices will not approve your N-400 until I-751 is approved.  

No office will approve the N-400 without also approving the I-751 (if it is not approved yet - assuming they are not in a special category that can naturalize as a conditional resident). It would be against the INA for them to do so.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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OhWait Explorer

OhWait   12

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13 hours ago, Amadia said:

Naturalization does not speed up any process. You may very well have your Naturalization interview with a "we are unable to make a decision at this time" because of your pending i-751 which a Supervisor will have to thoroughly review....it sucks....but it happens.

Best of luck to you on this immigration journey :thumbs:

That's what I fear but I still have hope to see some movement on that front before I get old. :)

Thank you!

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