I-751 November 2020 filers

[0310 10]

Got my card in the mail today! 😃

[picaso34 9]

Hi everyone!!

Entered the US with CR1 visa (same sex marriage with US citizen)

Filed i751 in November 2020. Case is at MSC. 

Biometrics taken at ASC Manchester - NH on July/16/2021

On 10/15/2021 (next week) I will be entering the 90 days window prior my 3 years anniversary as LPR

Continually living with US spouse. 

QUESTION is: Should I go ahead and file N400 next week, or it's better  to wait for either get approved i751 or past over the 3 years anniversary date???

Thank you for any advice!!!

Leo

[da95826 387]

20 minutes ago, picaso34 said:

QUESTION is: Should I go ahead and file N400 next week, or it's better  to wait for either get approved i751 or past over the 3 years anniversary date???

Looks like you will be interviewed for the i751 due to CR1 visa entry, if you file for your n400 you would likely get a combo interview for both the i751 and then for the n400. That is the most likely outcome if you file your n400 in the near future. You would likely get your citizenship more quickly.

 

There is a small chance that your n400 interview would happen first, if so, that would complicate your n400 as it can not be approved until the i751 is approved. 

If you file while your i751 is still pending you would likely get your citizenship quicker but there is a small chance of complications in processing your USCIS cases if the n400 get an interview without your i751 interview.

 

 It is your choice if you are not in a hurry for naturalization you can wait to keep your immgration case simpler. If you would like to get the naturalization sooner you can file your n400 when you are able to.

[picaso34 9]

Thank you for your answer da95826!

That's the idea to get the combo interview and get done all together. What can happens in the case they schedule an n400 interview first? Can they have me done an i751 interview as well?

I am in a hurry to be done with all this honestly. But i don't want to fall in mistakes either.

Do i have to upload all kind of documents regarding proof of marriage again as i did for i751? 

Do i need a lawyer for this? 

Thanks again!

 

[da95826 387]

6 hours ago, picaso34 said:

I am in a hurry to be done with all this honestly. But i don't want to fall in mistakes either.

Do i have to upload all kind of documents regarding proof of marriage again as i did for i751? 

Do i need a lawyer for this? 

If you file the n400 based on the 3 year rule then yes you need to submit proof of your continued bona fide marriage. Joint tax returns, joint bills, joint mortgage or lease, common IDs for the same address... Much the same as i751. In addition you need to submit proof that the US citizen spouse was a citizen during the last 3 years of the marriage, submit a copy of a birth certificate or naturalization certificate, and bring the original to interview and information about time outside the USA.

 

We submitted the n400 online. It was easy to fill out the application and upload the proof, I don’t think you need a lawyer if there is no criminal history. 

If there are any legal issues with the applicant then yes hire a lawyer to review any criminal history.

 

What I have seen here is that most offices are able to deal with a combo interview doing the i751 and n400 interview at the same appointment so I think it is likely things will go smoothly. In the few cases I have seen where the local field office did not get the i751 case file in time to process them together does cause delay in the n400 case.

 

We have filed n400 with i751 pending so I think it will be faster than waiting for the i751 to be approved as it is taking over a year(some 18 months) for many local offices to get to a n400 interview so i figure there a good chance of getting the i751 approved before or at the same time as the n400. 

[carter2021 5]

Hi guys. I just received an interview notice for my removal of condition i751, But i am having issues with my wife and not sure she would want to attend the interview. please what are am i options ?

[da95826 387]

1 hour ago, carter2021 said:

But i am having issues with my wife and not sure she would want to attend the interview. please what are am i options ?

If your spouse does not show up for an joint i751 interview you would likely be denied, 

 

You would need to file a i751 waiver case to complete you ROC alone.

 

You can request an i751 waiver if your marriage end in devorce

You can request an i751 waiver if you been subject to abuse from your spouse

You can request a i751 waiver for humanitarian reasons. 

 

Getting a devorce waiver is likely the easiest waiver to get; you only need a final devorse decree to be approved.

 

You can convert your joint i751 case to a waiver case by sending a letter to the USCIS office handling your case (get address from recept notice). You can also convert you i751 at your interview with the officer (give officer the letter request a conversion to waiver)

 

All waiver cases require bona fide marriage proof up to separation along with proof of the reason you qualify for the waiver.

Edited October 12, 2021 by da95826

[carter2021 5]

6 minutes ago, da95826 said:

If your spouse does not show up for an joint i751 interview you would likely be denied, 

 

You would need to file a i751 waiver case to complete you ROC alone.

 

You can request an i751 waiver if your marriage end in devorce

You can request an i751 waiver if you been subject to abuse from your spouse

You can request a i751 waiver for humanitarian reasons. 

 

Getting a devorce waiver is likely the easiest waiver to get; you only need a final devorse decree to be approved.

 

You can convert your joint i751 case to a waiver case by sending a letter to the USCIS office handling your case (get address from recept notice). You can also convert you i751 at your interview with the officer (give officer the letter request a conversion to waiver)

 

All waiver cases require bona fide marriage proof up to separation along with proof of the reason you qualify for the waiver.

we are in the process of filling a divorce . uncontested but i dont think the divorce will be finalised before the interview

[da95826 387]

1 minute ago, carter2021 said:

we are in the process of filling a divorce . uncontested but i dont think the divorce will be finalised before the interview

You can go to the interview alone and request to convert your i751 to a devorse waiver there at the interview for i751 really it is your only your only option if your interview happens soon. Bring proof you have filed for devorce along with the request to convert your case. Hopefully the officer will give you time to get your final devorce decree and send an RFE later for the final decree.

 

If you get denied, refile a new i751 devorce waiver case  soon after the denial.

[carter2021 5]

5 minutes ago, da95826 said:

You can go to the interview alone and request to convert your i751 to a devorse waiver there at the interview for i751 really it is your only your only option if your interview happens soon. Bring proof you have filed for devorce along with the request to convert your case. Hopefully the officer will give you time to get your final devorce decree and send an RFE later for the final decree.

 

If you get denied, refile a new i751 devorce waiver case  soon after the denial.

Thank you for your reply. if i get denied, i hear i would be put in deportation proceedings. is that correct?

[da95826 387]

48 minutes ago, carter2021 said:

if i get denied, i hear i would be put in deportation proceedings. is that correct?

True you will be sent to removal after some time.

 

@mindthegap is working on his third i751 waiver application after two denials so it is more than possible to refile after i751 denial. Don't wait too long to refile to keep out of immgration court.

 

Contact @mindthegap to get info about how long you could wait to refile if needed.

[carter2021 5]

14 hours ago, da95826 said:

True you will be sent to removal after some time.

 

@mindthegap is working on his third i751 waiver application after two denials so it is more than possible to refile after i751 denial. Don't wait too long to refile to keep out of immgration court.

 

Contact @mindthegap to get info about how long you could wait to refile if needed.

Thanks for your reply. can i file for a waiver after i initiate the divorce proceeding. (it is an uncontested divorce. )

[da95826 387]

48 minutes ago, carter2021 said:

can i file for a waiver after i initiate the divorce proceeding. (it is an uncontested divorce. )

Yes you can, you will receive a request for more evidence (RFE) requesting the final devorce decree. I understand that would come months after filing, also you will get up to 87 days to respond to the RFE so it is likely your devorce will be final by then. Also during COVID RFE response time has been extended automatically so you may have even more time to respond, check to see how long you have to respond to RFE at the time you get it.

 

 I would submit proof you have a devorce underway, also you MUST submit proof of a bona fide marriage between when you were issued your green card and your separation. Do not skimp on proof of your good faith marriage from start of marriage to seperation; you can not get any i751 case (waiver or not) approved without it.

Edited October 13, 2021 by da95826

[carter2021 5]

Hi guys, Yesterday my i751 case showed it has been transferred and interview is ready to be scheduled. Today it changed to transferred to a new office, that new office now has jurisdiction over your case.

Any idea what this means? Anyone ever experienced this?

[Locito 85]

15 hours ago, carter2021 said:

Hi guys, Yesterday my i751 case showed it has been transferred and interview is ready to be scheduled. Today it changed to transferred to a new office, that new office now has jurisdiction over your case.

Any idea what this means? Anyone ever experienced this?

Perhaps someone who is more enlightened can give a more accurate reply, but I had understood that files are usually moved between service centres to balance their load. Let’s say Vermont has two zillion cases, and Texas only one zillion, so according to their present staffing/workload transfer half a zillion cases from Vermont to Texas.

 

Not sure why this would happen AFTER the file is ready to be interviewed, though. Did you move to the jurisdiction of another Field Office by any chance? Like here people living within the next ZIP code (like quarter of a mile to half a mile away) were previously assigned to a different office from us.

 

See https://www.uscis.gov/about-us/find-a-uscis-office/field-offices for a Field Office locator at the bottom of the page.