Suggest needed! Can I withdrawal the N-400 petition while I-751 is pending?

[Cathy Lee 8]

Hi Everyone! Hope all of you are doing well during the pandemic of Corona Virus! Here is my story, any suggestion or similar experience sharing are highly appreciated.

 

Right now I have a pending I-751 for longer than a year (please refer to my posted timeline) and I submitted  N-400 last month on Feb 5, 2020, hope to speed up the process of both I-751 and N-400. As you all know, in most of such cases there will be a combo interview scheduled in the next three months, while the interview could have been waived for an simple I-751 case if no N-400 get involved. Here comes the question, can I withdrawal the N-400 petition and keep the I-751 goes on as normal? How much chance a interview will still  be scheduled for the I-751 in this scenario?

 

The reason I am considering withdrawal the Naturalization Petition is because of the spreading of corona virus and the therefore caused racism led by Trump's administration discriminate against all Chinese by calling this virus "Chinese Virus". My relationship with my extremely right-wing US husband has been very fragile in the past three years, he basically hates all colored races and called them low class people, which is ironic because himself is Asian from Thailand and immigrate to the US in 80's by marrying an Caucasian US citizen (She divorced him after ten years marriage and two babies).  My husband thinks I took advantage of him and this country because I obtained the green card through this marriage. Usually I try my best to avoid the arguments, but you can image how hard my life has been to deal with this. Oh by the way, I didn't set him up to marry me at all, he met me on the plane when I came to the US for business trip in 2016 and started courting me after that until we stepped into marriage six month later, we had a short loving period after marrying each other, and then all the racist comments starts show up. Long story short, right now he has been brain washed by Fox News everyday and called me VIRUS or yell at me "your country and your people are dirty, you Chinese spread the virus all over the world and you should get the hell out of this country."

 

To be honest, I don't feel hurt anymore because those abusive words have been striking me constantly in the past few years, but my concern is, encouraged by the top leader of the country, this kind of racism and xenophobia will become more and more public and common. I doubt if the US will still be the diversified and inclusive country as I know that protect freedom of speech and human rights as always, especially under the administration of current government and president who is good at bragging about himself and blaming others. The dilemma I face is, I have to give up my Chinese Citizenship to become US citizen, which is a hard decision for me but I made my choice, but that was couple months ago before the explosion of the epidemic. Now I am worried about two things: First, if there is an interview scheduled for I-751, my US husband will not participate and I can hardly explain to the USCIS officer why he doesn't show. Second, even if I pass the interview and eventually get the US citizenship, the widely spread discrimination against Chinese in the US will make me suffer from every aspect of my life. 

 

So, back to the original question, do you think it is possible to withdrawal the N-400 petition and keep the I-751 case going on as normal? How much chance a interview will still  be scheduled for the I-751 in this scenario? Is anybody been through the same situation before? Thank you for any helpful suggestions. 

Edited March 19, 2020 by Cathy Lee

[LizzyGreen 110]

6 minutes ago, Cathy Lee said:

Hi Everyone! Hope all of you are doing well during the pandemic of Corona Virus! Here is my story, any suggestion or similar experience sharing are highly appreciated.

 

Right now I have a pending I-751 for longer than a year (please refer to my posted timeline) and I submitted  N-400 last month on Feb 5, 2020, hope to speed up the process of both I-751 and N-400. As you all know, in most of such cases there will be a combo interview scheduled in the next three months, while the interview could have been waived for an simple I-751 case if no N-400 get involved. Here comes the question, can I withdrawal the N-400 petition and keep the I-751 goes on as normal? How mach chance a interview will still  be scheduled for the I-751 in this scenario?

 

The reason I am considering withdrawal the Naturalization Petition is because of the spreading of corona virus and the therefore caused racism led by Trump's administration discriminate against all Chinese by calling this virus "Chinese Virus". My relationship with my extremely left-wing US husband has been very fragile in the past three years, he basically hates all colored races and called them low class people, which is ironic because himself is Asian from Thailand and immigrate to the US in 80's by marrying an Caucasian US citizen (She divorced him after ten years marriage and two babies).  My husband thinks I took advantage of him and this country because I obtained the green card through this marriage. Usually I try my best to avoid the arguments, but you can image how hard my life has been to deal with this. Oh by the way, I didn't set him up to marry me at all, he met me on the plane when I came to the US for business trip in 2016 and started courting me after that until we stepped into marriage six month later, we had a short loving period after marrying each other, and then all the racist comments starts show up. Long story short, right now he has been brain washed by Fox News everyday and called me VIRUS or yell at me "your country and your people are dirty, you Chinese spread the virus all over the world and you should get the hell out of this country."

 

To be honest, I don't feel hurt anymore because those abusive words have been striking me constantly in the past few years, but my concern is, encouraged by the top leader of the country, this kind of racism and xenophobia will become more and more public and common. I doubt if the US will still be the diversified and inclusive country as I know that protect freedom of speech and human rights as always, especially under the administration of current government and president who is good at bragging about himself and blaming others. The dilemma I face is, I have to give up my Chinese Citizenship to become US citizen, which is a hard decision for me but I made my choice, but that was couple months ago before the explosion of the epidemic. Now I am worried about two things: First, if there is an interview scheduled for I-751, my US husband will not participate and I can hardly explain to the USCIS officer why he doesn't show. Second, even if I pass the interview and eventually get the US citizenship, the widely spread discrimination against Chinese in the US will make me suffer from every aspect of my life. 

 

So, back to the original question, do you think it is possible to withdrawal the N-400 petition and keep the I-751 case going on as normal? How much chance a interview will still  be scheduled for the I-751 in this scenario? Is anybody been through the same situation before? Thank you for any helpful suggestions. 

Read your story and I'm touched. I think the interview for you I751, depends on the information you submitted to USCIS.

 

If it proves real cohabitation, then you might be approved and have no issue with that. Otherwise, get a lawyer to accompany you for your interview if you are requested to come with your hubby and explain the situation.

 

On your N-400, kindly put a hold on it, until this whole situation is softened. Everyone truly has an impression of your race but that doesnt change that you are who you are.

 

I'm hopeful, all will go well. 

Prayer up🙏

[Cathy Lee 8]

5 minutes ago, Angel4love said:

Read your story and I'm touched. I think the interview for you I751, depends on the information you submitted to USCIS.

 

If it proves real cohabitation, then you might be approved and have no issue with that. Otherwise, get a lawyer to accompany you for your interview if you are requested to come with your hubby and explain the situation.

 

On your N-400, kindly put a hold on it, until this whole situation is softened. Everyone truly has an impression of your race but that doesnt change that you are who you are.

 

I'm hopeful, all will go well. 

Prayer up🙏

Thank you for your supportive comments. I will consult the lawyer right away. Hope all of us will make though the hard time.

[Boiler 45,884]

N400 is no longer appropriate, you will need to apply under the 5 year rule and sounds like you are switching to a divorce waiver for Removing of Conditions.

[LizzyGreen 110]

2 minutes ago, Boiler said:

N400 is no longer appropriate, you will need to apply under the 5 year rule and sounds like you are switching to a divorce waiver for Removing of Conditions.

But she isn't divorced yet. She might get a waiver for hardship and remember she has forfeited her nationality, so with a good immigration attorney, she'll scale through. Atleast, she's been married for more than 3 years now. 

 

Like suggested earlier, I'll advice she puts the N-400 down for now until this whole coronavirus pandemic, calms down. Hopefully, an interview wont be requested.

 

[Cathy Lee 8]

4 minutes ago, Boiler said:

N400 is no longer appropriate, you will need to apply under the 5 year rule and sounds like you are switching to a divorce waiver for Removing of Conditions.

So far we still live in the same house even though we stopped talking since last week, but if we get officially separated/divorced I believe these are what I have to do next. Thank you for your advice.

[Boiler 45,884]

2 minutes ago, Angel4love said:

But she isn't divorced yet. She might get a waiver for hardship and remember she has forfeited her nationality, so with a good immigration attorney, she'll scale through. Atleast, she's been married for more than 3 years now. 

 

Like suggested earlier, I'll advice she puts the N-400 down for now until this whole coronavirus pandemic, calms down. Hopefully, an interview wont be requested.

 

Obviously she needs to get divorced. What waiver for hardship?

 

She has not forfeited her Nationality. What do you mean an interview is not requested?

[LizzyGreen 110]

12 minutes ago, Boiler said:

Obviously she needs to get divorced. What waiver for hardship?

 

She has not forfeited her Nationality. What do you mean an interview is not requested?

There are 3 waivers availability in this circumstance. 

 

Kindly go online and read.

 

She stated in her write up, she had to give up her present nationality. And that was done months before the pandemic

[Boiler 45,884]

16 minutes ago, Cathy Lee said:

So far we still live in the same house even though we stopped talking since last week, but if we get officially separated/divorced I believe these are what I have to do next. Thank you for your advice.

well you would need to be in marital union and your husband would need to participate, which from what you said seems unlikely.

[geowrian 22,338]

This seems more like a relationship/marital issue, not so much an immigration one at this time.

 

23 minutes ago, Angel4love said:

But she isn't divorced yet. She might get a waiver for hardship and remember she has forfeited her nationality, so with a good immigration attorney, she'll scale through. Atleast, she's been married for more than 3 years now. 

Nothing has been forfeited at this time. She would be stateless if that were the case.

It sounds like the marriage is pretty much over, formally divorced or not. I would not suggest sticking with a joint petition under the stated conditions...that can really backfire and make things more complicated than they need to be.

 

4 minutes ago, Angel4love said:

There are 3 waivers availability in this circumstance. 

I'm assuming you are referring to divorce, abuse, and extreme hardship.

The divorce one is a given...and likely the best option here.

The abuse one has all the requirements of the divorce one plus showing evidence of abuse, except for showing divorce. Usually not a good fit, but I guess something to talk about with a lawyer if they really want.

The extreme hardship one is a "Hail Mary". Likely not applicable here.

 

The divorce one really seems like the simplest, most-walked path.

 

4 minutes ago, Angel4love said:

She stated in her write up, she had to give up her present nationality. And that was done months before the pandemic

I think you need to re-read what was stated.

It's in future tense that she would need to do so in order to become a USC.

[py6 43]

He is sick, and a politically polarized relationship makes an already unhealthy marriage worse. Yes you can rescind your N400. You entered the marriage with good faith. I can hardly imagine how traumatizing it would be to be in a marriage with a person who holds the power on your immigration process while verbally abusing you. 

 

This country is what you make of it. When I came to the US I had a genuine hope and a vision. Everything was fresh and everything was getting better. Indeed there were huge progresses and I was able to legally marry my spouse because of those changes. Overtime I have lost some of that hope and saw the darker side of things. But that didn't make me want to leave. In fact I became more determined than ever to apply for N400 to become a citizen so that I can vote in every single election. In this country you must fight for your cause and for what you believe is right.

Best of luck with your I-751! Stay safe and be strong!

[African Zealot 1,455]

Sorry for what you are going through, quite heartbreaking. Word of advice to you, when posting on VJ asking for advice on an immigration problem I would suggest you leave the political (and perhaps partisan) opining out of your writeup as much as possible. There are some very knowledgeable VJ members who could guide you however some of them are also Trump supporters (nothing wrong with that) who might be offended by your opining and ignore your appeal for help.

 

That said your case seems pretty straightforward. You can withdraw the N400. I assume any reviewing officer who notices that will probably scrutinize your i751 a little more closely for evidence of fraud. As you have been told, you will have to switch your I751 from joint to divorce waiver.

 

I hope you and your husband (or soon to be ex) can reach a happy place together, however if you have to go your separate ways too so be it.

 

Good luck!

 

PS: There is an anything goes part of this website where you can let loose with political and even partisan talk. Quite an interesting place, I recommend it.

Edited March 19, 2020 by Ray.Bonaquist

[DELETEME1234 208]

5 hours ago, Ray.Bonaquist said:

Sorry for what you are going through, quite heartbreaking. Word of advice to you, when posting on VJ asking for advice on an immigration problem I would suggest you leave the political (and perhaps partisan) opining out of your writeup as much as possible. There are some very knowledgeable VJ members who could guide you however some of them are also Trump supporters (nothing wrong with that) who might be offended by your opining and ignore your appeal for help.

I feel this is rather out of place. OP is sharing what for her the real world consequences are of current ruling politicians and the sentiment they bring with them into the landscape, and is sharing how comments made by the current president make her feel. These are experiences and real life consequences, first and foremost and not so much 'opining'. She's not trading blows as we sometimes do in a different subforum.  

 

Additionally, I have butted heads frequently with said Trump supporters on this forum, but I know most of them to be reasonable people at the end of the day and as such they are often more than willing to use their vast knowledge and experience regarding the immigration process without feeling offended when the OP in question let their political preferences/affiliation shine through. 

 

In short: let's not make it bigger than it is, allow OP to express her feelings in regards to, what I can only presume, a very emotional situation and let's give our VJ members that support Trump a bit more credit, I know most of them to be able to separate immigration advise from politics.  

[Boiler 45,884]

Actually the main issue is that it was difficult to separate the facts, certainly one person was confused, best to keep to relevant facts, we have another section for Political issues.

[Cathy Lee 8]

Thank you guys for all your wise advises. I didn't mean to raise a political issue here by judging the president, if anybody get offended I apologize. But I still have to say his racist comments may/already put innocent people at risk of more hatred, discrimination and even violence. I never joined any party in the world and I came to the US for a better life, I worked hard and paid tax, now I feel very disappointed to be treat like virus after so much hard work just because of my race and nationality.