SOS

[rocamey17 11]

Sincerely I appreciate everyone here..am grateful for y'all advice and taking time to deliberate on my issue..

Thank so much..

[Family 4,136]

 

2 hours ago, rocamey17 said:

My N400  application show 3months left to interview,cos I filed on line.

The processing time at my filing office is 11months to 16months,

Which means I am 3months away from N400.

I am really scared..a lawyer to told to wait and see what's comes up within the months ahead..

Am scared,confused and exhausted

DO NOTHING = best advice! 
Save your money for a good Divorce Attorney…to get through the divorce if the relationship is irreparably broken. 
You have no reason to fear anything about your status and after more than 4 years of marriage you have mountains of Joint Life Evidence. 

Wait out the I-751 decision or N-400 interview,  before you, yourself file for Divorce ( in case you are the one who wants out of the marriage). 

If your husband is the one who wants out and files for divorce, you can still wait out the I-751 approval get your 10 year card , even though you may be separated and have pending divorce proceedings as long as it’s not final. 
Get a Good Divorce Lawyer and wait out the divorce till you get your green card or N-400 interview 

 

I would show up to the N-400 interview ( duly carrying 4 years of joint taxes , marriage certificate only ) and be confident . Until the divorce is final, you are still legally married even if you don’t live together.  Attached is from USCIS. You were required to live together ONLY the 3 years BEFORE application date.

 

And if they had not yet adjudicated the I-751 , they will click a button approve it on the same day you pass your N-400.

B. Living in Marital Union for Spouses Residing in the United States

The spouse of a U.S. citizen residing in the United States must have been living in marital union with his or her citizen spouse for at least 3 years immediately preceding the time of filing the naturalization application. This provision requires that the spouse live in marital union with the citizen spouse during the entire period of 3 years before filing.^[4]

However, the statute does not require living in marital union for the period between the date of filing the application and the date of naturalization (date applicant takes the Oath of Allegiance). The corresponding regulation conflicts with the statute in stating that the spouse must have been living in marital union with his or her citizen spouse for at least 3 years at the time of the examination on the application, and not at the time of filing.

USCIS follows the language of the statute in requiring living in marital union only up until the time of filing.^[5]Accordingly, only the existence of a legally valid marriage is required from the date of filing the application until the time of the applicant’s naturalization.^[6]

[Chris&Ale 153]

On 3/18/2022 at 8:58 PM, Family said:

 

DO NOTHING = best advice! 
Save your money for a good Divorce Attorney…to get through the divorce if the relationship is irreparably broken. 
You have no reason to fear anything about your status and after more than 4 years of marriage you have mountains of Joint Life Evidence. 

Wait out the I-751 decision or N-400 interview,  before you, yourself file for Divorce ( in case you are the one who wants out of the marriage). 

If your husband is the one who wants out and files for divorce, you can still wait out the I-751 approval get your 10 year card , even though you may be separated and have pending divorce proceedings as long as it’s not final. 
Get a Good Divorce Lawyer and wait out the divorce till you get your green card or N-400 interview 

 

I would show up to the N-400 interview ( duly carrying 4 years of joint taxes , marriage certificate only ) and be confident . Until the divorce is final, you are still legally married even if you don’t live together.  Attached is from USCIS. You were required to live together ONLY the 3 years BEFORE application date.

 

And if they had not yet adjudicated the I-751 , they will click a button approve it on the same day you pass your N-400.

B. Living in Marital Union for Spouses Residing in the United States

The spouse of a U.S. citizen residing in the United States must have been living in marital union with his or her citizen spouse for at least 3 years immediately preceding the time of filing the naturalization application. This provision requires that the spouse live in marital union with the citizen spouse during the entire period of 3 years before filing.^[4]

However, the statute does not require living in marital union for the period between the date of filing the application and the date of naturalization (date applicant takes the Oath of Allegiance). The corresponding regulation conflicts with the statute in stating that the spouse must have been living in marital union with his or her citizen spouse for at least 3 years at the time of the examination on the application, and not at the time of filing.

USCIS follows the language of the statute in requiring living in marital union only up until the time of filing.^[5]Accordingly, only the existence of a legally valid marriage is required from the date of filing the application until the time of the applicant’s naturalization.^[6]

That's great stuff. Thank you for looking this up. I hope it helps the OP better understand their options. I'm thinking if citizen spouse wants a divorce, a good divorce lawyer could drag it out for six months to a year or more, giving the green card holder time to get through N400 interview or at least get approved for the 10 year green card.

[rocamey17 11]

Hey guys got an update..please what do I do next, has anyone being in this situation before...

 

Got my N400 interview update on fri for April 21st , got the physical letter today..

My spouse want to go ahead with the divorce, which leaves me alone to go the interview,but the letter never show for me to bring my spouse along, still no information on I751,

 

Can I go with the required documents without my spouse or my spouse have to be there..

 

 

Please Advice....

 

 

[Family 4,136]

24 minutes ago, rocamey17 said:

has anyone being in this situation before

I think for a better chance of having your post get many responses is looking at the I-751 pending forums/ threads. Perhaps post / repost there. You are in a non descript SOS heading ( help or s** I really need help ). 
My position stands. Hope you get many responses.
 

[rocamey17 11]

On 3/27/2022 at 10:50 PM, Family said:

I think for a better chance of having your post get many responses is looking at the I-751 pending forums/ threads. Perhaps post / repost there. You are in a non descript SOS heading ( help or s** I really need help ). 
My position stands. Hope you get many responses.
 

 Hey guys,

 

Got an update

I went for my combo interview today at Charlotte office at last with my spouse,the officer quiet told me I might not get approved today due to the my I751,

The interview was tensed,asking questions my previous marriage, how i met my wife,how i proposed,and i even told him my kids are now living with the usa,gave a copy of their green card,update tax.

I passed the N400 test easily,signed all need to be signed,but end up given me a paper that he couldn't approved the N400 until the I751 is approved which might takes some days,

I have been so sad since morning,I was looking forward to getting done with all this uscis brain draining waiting game.

I put all my faith in God to hear good news soon.

 

Is this a good sign

 

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• Quote

•  

[Family 4,136]

50 minutes ago, rocamey17 said:

Hey guys,

 

Got an update

I went for my combo interview today at Charlotte office at last with my spouse,the officer quiet told me I might not get approved today due to the my I751,

The interview was tensed,asking questions my previous marriage, how i met my wife,how i proposed,and i even told him my kids are now living with the usa,gave a copy of their green card,update tax.

I passed the N400 test easily,signed all need to be signed,but end up given me a paper that he couldn't approved the N400 until the I751 is approved which might takes some days,

I have been so sad since morning,I was looking forward to getting done with all this uscis brain draining waiting game.

I put all my faith in God to hear good news soon.

So you went with your spouse…did either of you File Divorce since your original post?
Did you leave the I-751 as Joint?

Did Officer ask if you are living together? 
 

DON’T worry the worry! It will all work out…sooner or later they HAVE TO MAKE a decision on the I-751 and no matter the delay, you will HAVE the N-400 waiting and already for you! 
 

[rocamey17 11]

29 minutes ago, Family said:

So you went with your spouse…did either of you File Divorce since your original post?
Did you leave the I-751 as Joint?

Did Officer ask if you are living together? 
 

DON’T worry the worry! It will all work out…sooner or later they HAVE TO MAKE a decision on the I-751 and no matter the delay, you will HAVE the N-400 waiting and already for you! 
 

Yes,we ended going together after family intervention,

I was previously married with 2 kids,I had my divorce decree in file from day one of my AOS application,

I751 was left as joint,my spouse was so cooperative even corrected me in place I forgot with a answer bcos I was so nervous 

We gave him all the records of still leaving together,

Told him about the kids being here now living with us,gave him most recent pictures of my spouse and my daughter..and some family one we took earlier this year.

He jotted some of my response down.

Later moved on to N400, which was smooth,he made signed all that needs to sign for N400.

Sincerely he told us b4 he started that I might not get approval today die to the I751,

And he repeated himself after and gave me a paper..

That states decision can not be made at this moment...

Few hours later got an update..on N400 actively reviewing your case..

 

I have had 4hours of fever...scared,exhausted and afraid..

 

@Family...thank you for your support from day 1..i really appreciate it..and grateful

[Family 4,136]

7 minutes ago, rocamey17 said:

I have had 4hours of fever...scared,exhausted and afraid..

You HAVE NOTHING to fear, as far as green card…but your physical/ emotional state is hyper activated and on overload from the  breakdown of your marriage …..bloody stress will kill us til the light bulb moment comes and we realize…it’s self induced . Stay well and keep posting…maybe take on the healthy mindset of other I-751 sufferers and get a bit ticked off at the delay! 

[rocamey17 11]

33 minutes ago, Family said:

You HAVE NOTHING to fear, as far as green card…but your physical/ emotional state is hyper activated and on overload from the  breakdown of your marriage …..bloody stress will kill us til the light bulb moment comes and we realize…it’s self induced . Stay well and keep posting…maybe take on the healthy mindset of other I-751 sufferers and get a bit ticked off at the delay! 

Lol....

 

[Family 4,136]

But do consider, I think it’s called updating your profile, to show the timeline..and you can share your experience / expertise on the immigration journey with others ! Share the misery , lol!…

[Family 4,136]

On 3/27/2022 at 7:06 PM, rocamey17 said:

Got my N400 interview update on fri for April 21st , got the physical letter today..

My spouse want to go ahead with the divorce, which leaves me alone to go the interview,but the letter never show for me to bring my spouse along, still no information on I751,

 

And I appoint as an expert on the LESS THAN TRANSPARENT tactics/procedures of USCIS. They were prepared to conduct a COMBO INTERVIEW ( I-751 and N-400) …but did NOT send you any notice on the I-751 interview taking place same day. 

[Rocio0010 5,599]

1 hour ago, Family said:

And I appoint as an expert on the LESS THAN TRANSPARENT tactics/procedures of USCIS. They were prepared to conduct a COMBO INTERVIEW ( I-751 and N-400) …but did NOT send you any notice on the I-751 interview taking place same day. 

They don’t have to. It’s the petitioner’s responsibility to know.

[Family 4,136]

19 minutes ago, Rocio0010 said:

They don’t have to. It’s the petitioner’s responsibility to know.

Ombudsman thinks it’s USCIS responsibility…and it has been more than challenging for applicants to guess if their particular interview is or it ain’t a combo …

 

https://www.dhs.gov/sites/default/files/publications/dhs_2021_ombudsman_report_med_508_compliant.pdf

 

N-400 interview notice is not tailored to address the pending Form I-751 petition. For example, if USCIS wants the CPR’s spouse to appear at the naturalization interview to adjudicate the Form I-751 petition, it needs to provide this instruction to avoid an unnecessary continuation of the case. Also, as USCIS assumes the Form I-751 will increase the interview length, USCIS is needlessly extending the interview time if the Form I-751 is eligible for an interview waiver, thereby reducing the number of Form N-400 interviews it can

[Rocio0010 5,599]

16 minutes ago, Family said:

Ombudsman thinks it’s USCIS responsibility…and it has been more than challenging for applicants to guess if their particular interview is or it ain’t a combo …

Sorry but could you please pinpoint exactly where in the 94 pages it says so? I don’t feel like reading the handbook (though it would be a good read to put me to sleep hahaha)

18 minutes ago, Family said:

N-400 interview notice is not tailored to address the pending Form I-751 petition. For example, if USCIS wants the CPR’s spouse to appear at the naturalization interview to adjudicate the Form I-751 petition, it needs to provide this instruction to avoid an unnecessary continuation of the case. Also

I agree that the N400 notice doesn’t address the pending I-751. But by now most CPRs should know that an N400 cannot be adjudicated with an unresolved I-751. Information is power. CIS can barely send the notices as they are, let alone tailor them to every case. You’re asking too much from them.

 

22 minutes ago, Family said:

Also, as USCIS assumes the Form I-751 will increase the interview length, USCIS is needlessly extending the interview time if the Form I-751 is eligible for an interview waiver, thereby reducing the number of Form N-400 interviews it can

Not clear