Filling early for N400

[Cardinal2020 0]

Hi guys, 

When I applied for the conditional greencard, the uscis made a mistake on the date of when the card was issued and put year behind. Later on I applied for N400 under 3 years role based on marriage. During that time my i-751 was pending. Then the uscis refunded the fees I sent for the i-751 and closed the case and sent to me a letter explaining that they made an error on the date of the first green card so I have to file again because it was early to file for i-751 with the wrong date. 

Today I went for N400 interview and I explained to the officer what happened and showed him the letter but he still interviewed me, and told me that I passed but no decision can be made. 

Do they will ask me to refile for N400? 

[HRQX 4,145]

20 minutes ago, Cardinal2020 said:

Do they will ask me to refile for N400? 

On which date was N-400 filed? And what is the correct "Resident Since" date?

[Cardinal2020 0]

01/31/2017 conditional greencard (wrong date). 

And that's the date I used to count the 3 years role from to apply for N400. 

03/20/2018  the uscis cancel my i-751 and asked to refile after they sent to me a letter explaining everything. 

I was expecting the same thing to happen with N400 but the officer interviewed me and told me that I passed but no decision yet coz my i-751 is pending. I'm confused 

[igoyougoduke 1,656]

if your i-751 was cancelled , there in no way they will approve n-400.  eventually they will deny your n-400 . it will happen once they look for i-751 status. they probably kept it pending cause they cannt approve n-400 before i-751 approval. 

 

 

[Cardinal2020 0]

I think you misunderstood me, 

I refile i-751 again and still pending for 8 months now with fingers print was applied to your case. 

My question is, when the window open for N400? 3 years since I got married or since i got my green card? 

If since I got my green card then I was supposed to be refile N400 with the correct date, but that doesn't happen, they interviewed me and no decision can be made

[Dashinka 24,505]

4 hours ago, Cardinal2020 said:

01/31/2017 conditional greencard (wrong date). 

And that's the date I used to count the 3 years role from to apply for N400. 

03/20/2018  the uscis cancel my i-751 and asked to refile after they sent to me a letter explaining everything. 

I was expecting the same thing to happen with N400 but the officer interviewed me and told me that I passed but no decision yet coz my i-751 is pending. I'm confused 

 

So the correct date on your GC should have been  1/31/2018?  When did you file the N400 based on the 3 year rule?  If using the incorrect date and filing the N400 application 90 days prior to 1/31/2020, then I assume it will eventually be rejected.

[HRQX 4,145]

5 hours ago, Cardinal2020 said:

My question is, when the window open for N400?

You'll have to refile N-400. USCIS Policy Manual is explicitly clear: https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-3 "Continuous residence in the United States as an LPR for at least 3 years immediately preceding the date of filing the application and up to the time of naturalization."

[Cardinal2020 0]

1 hour ago, Dashinka said:

 

So the correct date on your GC should have been  1/31/2018?  When did you file the N400 based on the 3 year rule?  If using the incorrect date and filing the N400 application 90 days prior to 1/31/2020, then I assume it will eventually be rejected

That what I was expecting, I went to the interview 11/09/2020 and before the officer started the interview I explained to him everything and showed him the i-751 letter about refile and correct the date and everything, but he still did the interview and told me that I passed but a decision can not be made

[Cardinal2020 0]

8 minutes ago, HRQX said:

You'll have to refile N-400. USCIS Policy Manual is explicitly clear: https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-3 "Continuous residence in the United States as an LPR for at least 3 years immediately preceding the date of filing the application and up to the time of naturalization."

That what I was thinking too, but I took the test and finished the interview, after I explained everything before we started. 

[Timona 4,207]

Doesn't the original GC issue date need to be corrected first by filing I-90 or something like that?

 

If that's the case, then OP has double problem. He needs that rectified first. I think OP went to the interview hoping that his candid verbal explanation and honesty about the issue will suffice.

[HRQX 4,145]

12 minutes ago, Cardinal2020 said:

but he still did the interview and told me that I passed but a decision can not be made

That is standard procedure. They can still deny the case days after interview/testing appointment.

[Cardinal2020 0]

4 minutes ago, Timona said:

Doesn't the original GC issue date need to be corrected first by filing I-90 or something like that?

 

If that's the case, then OP has double problem. He needs that rectified first. I think OP went to the interview hoping that his candid verbal explanation and honesty about the issue will suffice.

I didn't not file for the i-90, because I already file for i-751 again and I'm using the 18 months extension letter, which will expire on March, the officer said don't worry about it 

[HRQX 4,145]

8 minutes ago, Timona said:

Doesn't the original GC issue date need to be corrected first by filing I-90 or something like that?

At this point filing I-90 is futile since the corrected 2-year GC would have expiration date in Jan. 2020. Thus, USCIS won't now issue that corrected 2-year GC.

Edited November 10, 2020 by HRQX

[Cardinal2020 0]

7 minutes ago, HRQX said:

At this point filing I-90 is futile since the corrected 2-year GC would have expiration date in Jan. 2020. Thus, USCIS won't now issue that corrected 2-year GC.

If it was supposed to be rejected why the officer would did the interview, after I told him everything???!! I'm very confused

[HRQX 4,145]

8 minutes ago, Cardinal2020 said:

If it was supposed to be rejected why the officer would did the interview, after I told him everything???!! I'm very confused

Like I mentioned earlier, the IO was following standard procedure: "I eventually got my naturalisation interview scheduled for 14th January of this year. I dutifully attended, answered all questions and passed all the tests, but was told a decision could not be made. Well the decision was made tonight, and a denial notice popped up in my online USCIS account."

The "tonight" mentioned above was about 9 days after the N-400 interview.

(Just a quick note that in the case above the applicant was in the right and the decision was eventually reversed. That isn't the case in your circumstances.)

Edited November 10, 2020 by HRQX