N400 interview (Spouse 3 year rule): Is this normal?

[Newuser4453454 79]

My husband had his N400 interview at the Philadelphia office over the weekend. The process was rather simple, I was not allowed to go in but from what I was told the interview was rather normal.
First he was put through the reading/writing test which he passed, then the civics test which he also passed (as noted on his paperwork).

He was asked about any arrests, to which he mentioned some old traffic related convictions he had back in the UK over 15 years ago at this point (He also mentioned these on K1, AoS and RoC) and provided the information. The interviewer basically made these sound like a non issue.

He asked minimal questions about the marriage (When were you married, where do you live, who lives with you -- Provided a deed which he took)

Asked husband if he owed any taxes to which he said no and provided tax return information. 

Then he asked my husband if he owned any guns (Not sure that was one of the yes/no questions on the N-400). Husband said yes.

The interviewer asked legally?, to which my husband also says yes (He owns some firearms and has a concealed carry license same as me). 

The interview wrapped up, and the interviewer said that he passed the tests, and would not have to return for any further interviews, but needed 'his file' in order to approve him. Specifically, because his Removal of Conditions was still in "Case received" status (Since July 2021!) he'd have to correct that before being able to send an approval.

 

He said that this process may take 4-5 weeks. My husband asked about his overseas travel over christmas and he was told to continue to travel on greencard+passport+extension letter. 

 

 

What I wanted to know is is this normal? Can an outstanding RoC cause a delay of an approval? I assumed the file would be right there and they could handle the process all at once. Is there a reason this didn't happen?

 

This is the last leg of the process, and I feel like I'm right back at the start of K-1 where my husband was stuck in administrative processing hell. Any insight would be appreciated. Thanks!!!!

[Crazy Cat 41,656]

9 minutes ago, NearEthereal said:

What I wanted to know is is this normal? Can an outstanding RoC cause a delay of an approval?

Completely normal.  The ROC must be approved prior to the N-400 approval.  I, too, think the file should have been there.  The rest should just be a formality now.  Congratulations.  I hope to have good news concerning my wife's citizenship interview in exactly one month.

[OldUser 6,508]

This happens a lot nowadays. Hopefully I-751 will be reviewed and approved soon. Sometimes USCIS would schedule an interview specifically for I-751.

[Newuser4453454 79]

3 minutes ago, OldUser said:

This happens a lot nowadays. Hopefully I-751 will be reviewed and approved soon. Sometimes USCIS would schedule an interview specifically for I-751.

Hmm maybe that's why the interviewer specifically said my husband wouldn't need to come back for another one; just in case the i-751 prompted it.

[Crazy Cat 41,656]

3 minutes ago, NearEthereal said:

Hmm maybe that's why the interviewer specifically said my husband wouldn't need to come back for another one; just in case the i-751 prompted it.

Yep.  USCIS has a lot of discretion now.  His I-751 interview will, almost certainly, be waived.

[OldUser 6,508]

4 minutes ago, NearEthereal said:

Hmm maybe that's why the interviewer specifically said my husband wouldn't need to come back for another one; just in case the i-751 prompted it.

Yes, it seems there would be no more N-400 interviews. Just a slight chance of I-751 interview. If the IO didn't see your spouse's I-751 file, of course he could not give a definitive answer.

 

Good luck!

[da95826 387]

36 minutes ago, NearEthereal said:

What I wanted to know is is this normal? Can an outstanding RoC cause a delay of an approval?

It is pretty normal to wait for approval, in our case last May we had a combo interview and it took 3 weeks to approve the i751 &  n400. The officer's supervisor had to review our case and we brought additional evidence to the interview that needed to be reviewed. I am sure our i751 file was there in our case as I saw it on her desk.

Hopefully your approval will be near the short end of the estimation of processing time you were given.

[OldUser 6,508]

@da95826 Based on what I read I'm not sure if @NearEthereal's spouse had a combo interview. To me it looks like only N-400 was conducted. 

[Scandi 4,149]

2 hours ago, NearEthereal said:

What I wanted to know is is this normal? Can an outstanding RoC cause a delay of an approval? I assumed the file would be right there and they could handle the process all at once. Is there a reason this didn't happen?

Perfectly normal. When a person goes for an N-400 interview while also having a i-751 still pending, either of these scenarios can happen:

 

-A combo interview, ie both the N-400 AND the i-751 petition are present on the IOs desk and both are being processed together. This scenario is what most people with a pending i-751 hope for, that's why you see some members on here trying to get a combo interview by asking USCIS for one before being called for an interview. 

 

-An N-400 interview ONLY, this means the IO hasn't received the i-751 file yet but agrees to continue with the N-400 interview anyway. This means the person will be interviewed as usual and if passing the tests, will be approved once the i-751 file has been located and approved. No more interviews needed.

 

-No interview, the IO sends the applicant home again without interviewing him/her. The interview will be rescheduled once the i-751 has been located and it will then be a combo interview. This is the least desirable scenario as it can delay your case a lot. Luckily this doesn't seem as common anymore, most IOs know now that they can actually go through with the N-400 interview despite not having received the i-751 yet. 

 

 

The different parts of USCIS don't like to communicate with each other, so it's fairly common that an N-400 interview is scheduled while the pending i-751 is still stuck at a record center or at NBC. 

 

[OldUser 6,508]

@Scandi I think there is a low possibility of scenario 4:

 

- N-400 only was conducted

- I-751 lacks evidence, or USCIS have a doubt about marriage

- I-751 interview is conducted before approval / denial

 

Or we haven't seen those?

[Scandi 4,149]

3 hours ago, OldUser said:

@Scandi I think there is a low possibility of scenario 4:

 

- N-400 only was conducted

- I-751 lacks evidence, or USCIS have a doubt about marriage

- I-751 interview is conducted before approval / denial

 

Or we haven't seen those?

That would be extremely rare yes. Most N-400 interviews with a pending i-751 are based on the 3 year rule, which means evidence of a bonafide marriage is part of the N-400 process as well. Not saying it's impossible to get a second interview of course, but that does seem extremely unlikely (and yes, I personally have never heard of it). And if it's just a matter of not enough evidence USCIS won't be spending time on another interview but will instead just issue an RFE. 

[Crazy Cat 41,656]

10 hours ago, Scandi said:

Most N-400 interviews with a pending i-751 are based on the 3 year rule

My wife filed under the 5 year rule.  I'm hoping they just waive her ROC interview next month.

[Amcarica29 4]

7 hours ago, Crazy Cat said:

My wife filed under the 5 year rule.  I'm hoping they just waive her ROC interview next month.

It is unlikely to have it waived.

[Crazy Cat 41,656]

3 hours ago, Amcarica29 said:

It is unlikely to have it waived.

It is highly unlikely that you know. 

[Newuser4453454 79]

On 11/14/2022 at 7:40 PM, Scandi said:

Perfectly normal. When a person goes for an N-400 interview while also having a i-751 still pending, either of these scenarios can happen:

 

-A combo interview, ie both the N-400 AND the i-751 petition are present on the IOs desk and both are being processed together. This scenario is what most people with a pending i-751 hope for, that's why you see some members on here trying to get a combo interview by asking USCIS for one before being called for an interview. 

 

-An N-400 interview ONLY, this means the IO hasn't received the i-751 file yet but agrees to continue with the N-400 interview anyway. This means the person will be interviewed as usual and if passing the tests, will be approved once the i-751 file has been located and approved. No more interviews needed.

 

-No interview, the IO sends the applicant home again without interviewing him/her. The interview will be rescheduled once the i-751 has been located and it will then be a combo interview. This is the least desirable scenario as it can delay your case a lot. Luckily this doesn't seem as common anymore, most IOs know now that they can actually go through with the N-400 interview despite not having received the i-751 yet. 

 

 

The different parts of USCIS don't like to communicate with each other, so it's fairly common that an N-400 interview is scheduled while the pending i-751 is still stuck at a record center or at NBC. 

 

I wonder then, out of curiosity: how accurate is the time frame he gave us? How much faith can I put in that time frame (4-5 weeks). Can anyone who scours this forum or posts more than I do by personal experience let me know or have any anecdotal evidence regarding people in scenario 2 (Sounds most like us) and the amount of time it took for them to fish the i-751 out and approve it?