I-751 October 2022 - Filers

[J&E- 4]

Just had my N-400 , but they didn’t agree to make it combo, so I passed the exam and gave me a letter stating that , yet, told me they couldn’t make a decision because the I-751 was pending. And the officer basically preached me about who told me to file N-400… anyways , has anyone been in this situation ? Suggestions ? USCIS says that Vermont is 25 months , so 80% chance they’ll process my I-751 until January 2025  

[OldUser 6,455]

12 minutes ago, J&E- said:

Just had my N-400 , but they didn’t agree to make it combo, so I passed the exam and gave me a letter stating that , yet, told me they couldn’t make a decision because the I-751 was pending. And the officer basically preached me about who told me to file N-400… anyways , has anyone been in this situation ? Suggestions ? USCIS says that Vermont is 25 months , so 80% chance they’ll process my I-751 until January 2025  

Did you request combo when filing N-400 in cover letter? Or did you ask for combo on the day of interview? If the latter, no surprise IO was annoyed.

 

The good news, if you don't hear anything in the next 60 days, you can sue USCIS for decision (Writ of Mandamus).

 

Also, did you have spouse with you?

Edited April 5 by OldUser

[J&E- 4]

1 hour ago, OldUser said:

Did you request combo when filing N-400 in cover letter? Or did you ask for combo on the day of interview? If the latter, no surprise IO was annoyed.

 

The good news, if you don't hear anything in the next 60 days, you can sue USCIS for decision (Writ of Mandamus).

 

Also, did you have spouse with you?

I was there with my spouse , she didn’t let him in since the beginning when she came for me, I didn’t have a cover letter as it was filed online , I did ask for a combo interview and asked if there was anything I could do, but she said no and that’s when she was angry and preaching my about who is telling us (in general filers) we can file n400 without an i571 approved or what a bad lawyer I had, then she told me it was over and showed me the exit. 

[OldUser 6,455]

10 minutes ago, J&E- said:

I didn’t have a cover letter as it was filed online

Cover letter could have been uploaded to N-400 online application.

 

10 minutes ago, J&E- said:

I did ask for a combo interview and asked if there was anything I could do, but she said no and that’s when she was angry and preaching my about who is telling us (in general filers) we can file n400 without an i571 approved or what a bad lawyer I had, then she told me it was over and showed me the exit. 

Sorry you had to go through this experience. This is why I'm bringing a lawyer to the interview even though I have an easy case. I'm yet to hear a story about IO treating applicants like this in a presence of a lawyer.

 

You're almost done. Whether IO liked it or not, you had a right to file N-400 with I-751 pending.

Edited April 5 by OldUser

[Stacey Ann 519]

2 hours ago, J&E- said:

Just had my N-400 , but they didn’t agree to make it combo, so I passed the exam and gave me a letter stating that , yet, told me they couldn’t make a decision because the I-751 was pending. And the officer basically preached me about who told me to file N-400… anyways , has anyone been in this situation ? Suggestions ? USCIS says that Vermont is 25 months , so 80% chance they’ll process my I-751 until January 2025  

Oh my, so sorry you experienced this. @OldUser what should be their next course of action?

[Stacey Ann 519]

Just now, Stacey Ann said:

Oh my, so sorry you experienced this. @OldUser what should be their next course of action?

 

47 minutes ago, OldUser said:

Cover letter could have been uploaded to N-400 online application.

 

Sorry you had to go through this experience. This is why I'm bringing a lawyer to the interview even though I have an easy case. I'm yet to hear a story about IO treating applicants like this in a presence of a lawyer.

 

You're almost done. Whether IO liked it or not, you had a right to file N-400 with I-751 pending.

@OldUser seeking your opinion/advice. What would you suggest if a USC spouse has asked for a divorce after 5 years of marriage and the Conditional GC holder still has a pending I751 (w/48 month extension) and has not yet filed the N400? What happens if the divorce gets finalized before USCIS takes the next step on either the I75I or the GC holder files the N400?

[OldUser 6,455]

15 minutes ago, Stacey Ann said:

 

@OldUser seeking your opinion/advice. What would you suggest if a USC spouse has asked for a divorce after 5 years of marriage and the Conditional GC holder still has a pending I751 (w/48 month extension) and has not yet filed the N400? What happens if the divorce gets finalized before USCIS takes the next step on either the I75I or the GC holder files the N400?

N-400 under 3 year rule is not an option with divorce in progress or finalized.

 

You'd have to notify USCIS about divorce and convert I-751 petition from filed jointly to divorce waiver.

 

If you get I-751 approved without telling USCIS about the divorce, it can become a big problem when trying to naturalize.

Edited April 5 by OldUser

[Stacey Ann 519]

12 minutes ago, OldUser said:

N-400 under 3 year rule is not an option with divorce in progress or finalized.

 

You'd have to notify USCIS about divorce and convert I-751 petition from filed jointly to divorce waiver.

 

If you get I-751 approved without telling USCIS about the divorce, it can become a big problem when trying to naturalize.

The divorce hasn't yet been filed, it's just been requested. Knowing the spouse requested a divorce, would you advise the GC holder to file the N400 now?

[OldUser 6,455]

4 minutes ago, Stacey Ann said:

The divorce hasn't yet been filed, it's just been requested. Knowing the spouse requested a divorce, would you advise the GC holder to file the N400 now?

Absolutely not. That N-400 is dead on arrival (if under 3 year rule). The spouses have to live in marital union all the way until oath. Divorce in progress contradicts it.

Edited April 5 by OldUser

[Stacey Ann 519]

53 minutes ago, OldUser said:

Absolutely not. That N-400 is dead on arrival (if under 3 year rule). The spouses have to live in marital union all the way until oath. Divorce in progress contradicts it.

Ok.

[Ihatebaseboards 68]

On 4/5/2024 at 12:43 PM, J&E- said:

Just had my N-400 , but they didn’t agree to make it combo, so I passed the exam and gave me a letter stating that , yet, told me they couldn’t make a decision because the I-751 was pending. And the officer basically preached me about who told me to file N-400… anyways , has anyone been in this situation ? Suggestions ? USCIS says that Vermont is 25 months , so 80% chance they’ll process my I-751 until January 2025  

 

Not same but similar.  I did write a letter before my interview requesting for a joint interview (like 2 months before my interview). They did not answer or do anything. On the day of my interview there was a snowstorm, so at 6AM I received email from the local office that interview is cancelled and they will notify me when it will be rescheduled. The next day I see update on my  I-751 that it will be transferred to local office.  So basically the agent did not bother open my letter before my actual interview. Fast forward two months later on a day my interview my interviewer said they won't be able to provide the decision even if I pass my test as I-751 is not sent to them yet. So I received same letter as you - saying I passed the test but decision cannot be made.

 

I waited few days, saw no movement and contacted my congressman asking to check with USCIS on my cases. They immediately sent email to USCIS. In a week I received updates to my I-751, and my N400 was approved and  I was put on oath scheduling wait. Now 6 weeks later I am still waiting for my oath.... if you are not changing your name probably you won't wait this long for oath. Good luck!

[iamrswhite 1]

Oct 3 2022 - received

June 20 2024 - Previous biometrics applied to my ROC

July 11 2024 - New card has been processed.

 

Question: How long does it take for them to mail the new card? 

[OldUser 6,455]

46 minutes ago, iamrswhite said:

Oct 3 2022 - received

June 20 2024 - Previous biometrics applied to my ROC

July 11 2024 - New card has been processed.

 

Question: How long does it take for them to mail the new card? 

I got mine in about 2 weeks after approval. But can take 4-6

[A110 96]

1 hour ago, iamrswhite said:

Oct 3 2022 - received

June 20 2024 - Previous biometrics applied to my ROC

July 11 2024 - New card has been processed.

 

Question: How long does it take for them to mail the new card? 

Congrats. What Center?

[iamrswhite 1]

6 hours ago, OldUser said:

I got mine in about 2 weeks after approval. But can take 4-6

Okay thank you!!! 😊 

5 hours ago, A110 said:

Congrats. What Center?

Thanks! Potomac.. the slowest unfortunately.