I-751 October 2021 Filers

[Rearviewmirror 397]

2 hours ago, Mike E said:

At at least one field office it slows down the process.  

Which field office is that?

[Mike E 11,739]

8 minutes ago, Rearviewmirror said:

Which field office is that?

Seattle 

[OldUser 6,482]

@Elena & Craig FYI

 

Edited September 5, 2022 by OldUser

[LivFavor 17]

So guys correct me if I'm wrong:

 

There are consequences for not waiting for the conditions on the permanent resident card to be removed before applying for naturalization. And the consequences are:

 

1. Your Spouse must come for the Naturalization Interview. If you were eligible for a waiver on the i751 and waited for the conditionsto be removed from the greencard, you will not need to bring your spouse to the naturalization interview. But the moment you apply for naturalization while your i751 is still pending, your spouse must come with you.

 

2. The processing time for the i751 becomes irrelevant and USCIS will now work with the N400 processing time instead. So technically, this means the waiting time on the i751 will be extended. 

 

3. The waiting time on the Naturalization process might take longer as there might be operational/logistics issues in syncing your i751 and N400 application files.

 

Guys please I need your responses/opinion

[Crazy Cat 41,611]

6 minutes ago, LivFavor said:

So guys correct me if I'm wrong:

 

There are consequences for not waiting for the conditions on the permanent resident card to be removed before applying for naturalization. And the consequences are:

 

1. Your Spouse must come for the Naturalization Interview. If you were eligible for a waiver on the i751 and waited for the conditionsto be removed from the greencard, you will not need to bring your spouse to the naturalization interview. But the moment you apply for naturalization while your i751 is still pending, your spouse must come with you.

 

2. The processing time for the i751 becomes irrelevant and USCIS will now work with the N400 processing time instead. So technically, this means the waiting time on the i751 will be extended. 

 

3. The waiting time on the Naturalization process might take longer as there might be operational/logistics issues in syncing your i751 and N400 application files.

 

Guys please I need your responses/opinion

1.  Of course the spouse should attend if there is a pending joint I-751.  Ideally, the interview would be a "combo", resulting in approval of both the I-751 and the N-400.

2.  Depends on whether the local office has everything to do a combo interview. Technically, the I-751 must be approved before the N-400.

3.  See #2 above.

Good luck.

[Mike E 11,739]

15 minutes ago, LivFavor said:

So guys correct me if I'm wrong:

 

There are consequences for not waiting for the conditions on the permanent resident card to be removed before applying for naturalization. And the consequences are:

 

1. Your Spouse must come for the Naturalization Interview. If you were eligible for a waiver on the i751 and waited for the conditionsto be removed from the greencard, you will not need to bring your spouse to the naturalization interview. But the moment you apply for naturalization while your i751 is still pending, your spouse must come with you.

 

2. The processing time for the i751 becomes irrelevant and USCIS will now work with the N400 processing time instead. So technically, this means the waiting time on the i751 will be extended. 

 

3. The waiting time on the Naturalization process might take longer as there might be operational/logistics issues in syncing your i751 and N400 application files.

 

Guys please I need your responses/opinion

1. Most likely. Some have reported that the spouse is refused entry. 
 

2. Varies by field office 

 

3. Definitely possible. 

[LivFavor 17]

1 hour ago, Crazy Cat said:

1.  Of course the spouse should attend if there is a pending joint I-751.  Ideally, the interview would be a "combo", resulting in approval of both the I-751 and the N-400.

2.  Depends on whether the local office has everything to do a combo interview. Technically, the I-751 must be approved before the N-400.

3.  See #2 above.

Good luck.

Based on this, would you say it's best to hold off on applying for N400 until the conditions on the greencard is removed?

[LivFavor 17]

1 hour ago, Mike E said:

1. Most likely. Some have reported that the spouse is refused entry. 
 

2. Varies by field office 

 

3. Definitely possible. 

So based on this, would you advice against combo application? 

[Crazy Cat 41,611]

6 minutes ago, LivFavor said:

Based on this, would you say it's best to hold off on applying for N400 until the conditions on the greencard is removed?

No.  My wife's I-751 has been pending since March of 2019.  She filed her N-400 in early August of 2022.  We are hoping for a combo interview soon. I have seen no evidence which shows filing the N-400 causes delays.   I have seen some cases which seemed to indicate filing the N-400 helped.  I don't see any harm in filing the N-400 when eligible. My opinion.  YMMV.

Edited September 7, 2022 by Crazy Cat

[OldUser 6,482]

@LivFavor it is up to you which route you pick. There is no good or bad option.

Edited September 7, 2022 by OldUser

[LivFavor 17]

1 hour ago, OldUser said:

@LivFavor it is up to you which route you pick. There is no good or bad option.

I just want to know the pros and cons so I can make an informed decision. 

[Mike E 11,739]

1 hour ago, LivFavor said:

So based on this, would you advice against combo application? 

I advise combo unless you know your field office will slow down both applications 

[OldUser 6,482]

44 minutes ago, LivFavor said:

I just want to know the pros and cons so I can make an informed decision. 

The problem is nobody knows how your case is going to be processed by USCIS. There's multiple scenarios with different outcomes.

 

If you want to be naturalized sooner (not guaranteed), file N-400 while I-751 is pending. If you want fewer obstacles (not guaranteed), wait for I-751 approval and file N-400 under 5 year rule (would have to wait longer).

 

That's only my opinion, you may want to consult an attorney who may give you more accurate information.

Edited September 7, 2022 by OldUser

[OldUser 6,482]

@LivFavor FYI here is an opinion from Jim Hacking -> https://hackinglawpractice.com/filing-n-400-before-i-751-finished/

[Mike E 11,739]

3 minutes ago, OldUser said:

@LivFavor FYI here is an opinion from Jim Hacking -> https://hackinglawpractice.com/filing-n-400-before-i-751-finished/

TL;DR. Hacking says don’t.  
 

We disagree and will file next month.