N400 interview scheduled while I751 is pending after interview

[MyNameIsEarl 13]

Hi All,

 

    I filed my I-751(SRC) in Jan,2020 and changed it to waiver in Nov, 2021. Interviewed in Jan, 2022 and still waiting for the result. Raised a service request in 2022 and  the reply was 'we are processing your case' . Applied for N400 in Dec, 2022 and my interview scheduled for next month. I still have no update on I-751 though, I raised another SR in February but didn't get any reply. 

 

    I assume it's not a combo interview as my i-751 interview is over last year. Should I inform the officer during the interview regarding my pending i-751 or is there something else I should do to get a decision on my I-751 as I read somewhere N-400 can't be approved with I-751 ?

 

    Your inputs are appreciated, thank you.

[OldUser 6,664]

3 minutes ago, MyNameIsEarl said:

I assume it's not a combo interview as my i-751 interview is over last year. Should I inform the officer during the interview regarding my pending i-751 or is there something else I should do to get a decision on my I-751 as I read somewhere N-400 can't be approved with I-751 ?

Be ready for a combo / stokes interview. Year is a long time, USCIS could have approved you already.

How did your I-751 interview go? Did you have your spouse with you?

And did you attach I-751 receipt in N-400 filing?

[Crazy Cat 41,857]

Seems like a very long time after your I-751 interview to still be pending.  A decision should have been made long ago.  You are correct that the I-751 must, technically, be approved before a decision can be made for the N-400.  Personally, I would lawyer up for this one.  Something seems amiss with the I-751.

Edited March 7, 2023 by Crazy Cat

[MyNameIsEarl 13]

29 minutes ago, OldUser said:

Be ready for a combo / stokes interview. Year is a long time, USCIS could have approved you already.

How did your I-751 interview go? Did you have your spouse with you?

And did you attach I-751 receipt in N-400 filing?

 

28 minutes ago, Crazy Cat said:

Seems like a very long time after your I-751 interview to still be pending.  A decision should have been made long ago.  You are correct that the I-751 must, technically, be approved before a decision can be made for the N-400.  Personally, I would lawyer up for this one.  Something seems amiss with the I-751.

 

Thank you, both.

 

My i-751 interview was quick. I filed a divorce waiver in Nov, 2021 and my interviewer didn't know this(asked where's my wife?). During the interview I said I am divorced and filed a waiver, the interviewer asked how long we were together and when I am divorced (we are married for 4.5 years). The interviewer asked me about my DV case from Jan,2018 which is dismissed. Then she said, will let me know soon and sent me a rfe asking for almost everything from the day of marriage. I sent all the proofs I can such as lease, tax documents, bank statements, amazon shopping history, tons of pics of from our domestic and international trips, pics with my family, and hers, utility bills and the dismissal copy of my DV case in Feb, 2022. 

 

Yes, I did attach my i-751 receipts and i-551 stamps during n-400 filing and even wrote a letter to the officer requesting to speed up things as I am getting my passport stamped every 6 months and I am waiting for a long time.

 

I did use lawyer for my i-751 waiver filing which I think is a mistake. He has great reviews but I didn't get any help from him like guidance during filing. Whatever the docs I sent, he forwarded them to USCIS. He sent his assistant to the interview and the assistant didn't prepare anything. The interviewer asked something about my DV case in legal terminology which I didn't understand and he started looking at my face and told the interviewer that he is not aware of the case (we discussed about the case twice before the interview). I googled it after I went home, my ex called cops during an argument when she is under heavy influence and she didn't even know that I got arrested and the Judge asked me to stay out of my house and not to contact her. She thought I was angry and I left as she called cops but when she knew she called the prosecuter and asked to cancel the case. The officer was asking us, why my wife called and asked the courts to dismiss the case. I should have replied if I understood the terminology. If I hire a lawyer, I think I need a better one this time. 

 

 

In cases like these, when the interview result is pending for 12+ months does that usually mean they are verifying something important or have some concerns? 

Edited March 7, 2023 by MyNameIsEarl

[Mike E 11,739]

22 minutes ago, MyNameIsEarl said:

He sent his assistant to the interview and the assistant didn't prepare anything. The interviewer asked something about my DV case in legal terminology which I didn't understand and he started looking at my face and told the interviewer that he is not aware of the case (we discussed about the case twice before the interview).

That’s terrible. You’ve potential grounds for ineffective assistance of counsel if your I-751 is denied.  
 

Find a better lawyer. If the new lawyer does not show up at the N-400 interview, don’t go through with it.  

[OldUser 6,664]

24 minutes ago, MyNameIsEarl said:

If I hire a lawyer, I think I need a better one this time.

I don't believe you should go to the interview yourself. Find a good lawyer and disclose truthfully everything you know about your case. DV could be a deportable offence. You need to be prepared for this interview.

[MyNameIsEarl 13]

14 minutes ago, Mike E said:

That’s terrible. You’ve potential grounds for ineffective assistance of counsel if your I-751 is denied.  
 

Find a better lawyer. If the new lawyer does not show up at the N-400 interview, don’t go through with it.  

 

12 minutes ago, OldUser said:

I don't believe you should go to the interview yourself. Find a good lawyer and disclose truthfully everything you know about your case. DV could be a deportable offence. You need to be prepared for this interview.

 

So, you guys think I need a lawyer..huh. I thought I don't need one because of my past experience with lawyers and my case is dismissed before going to the trail and also it's 5 years ago. Thanks for your inputs, I will start looking for a good attorney. 

[Crazy Cat 41,857]

43 minutes ago, MyNameIsEarl said:

 

 

So, you guys think I need a lawyer..huh. I thought I don't need one because of my past experience with lawyers and my case is dismissed before going to the trail and also it's 5 years ago. Thanks for your inputs, I will start looking for a good attorney. 

They are going to look back at everything in your N-400 case, especially since you file the I-751 with waiver.  and they can ask questions about EVERYTHING.

Edited March 7, 2023 by Crazy Cat

[Rocio0010 5,579]

6 hours ago, MyNameIsEarl said:

 

 

So, you guys think I need a lawyer..huh. I thought I don't need one because of my past experience with lawyers and my case is dismissed before going to the trail and also it's 5 years ago. Thanks for your inputs, I will start looking for a good attorney. 

Jim Hacking 100%

[SalishSea 17,829]

11 hours ago, MyNameIsEarl said:

 

 

So, you guys think I need a lawyer..huh. I thought I don't need one because of my past experience with lawyers and my case is dismissed before going to the trail and also it's 5 years ago. Thanks for your inputs, I will start looking for a good attorney. 

No, you definitely need one.  This is well beyond DIY.

[Pinkrlion 2,719]

They are going to deny your N-400 since you are divorced you no longer qualify for 3 year filing due to marriage. You will have to wait the 5 years. 

[Mike E 11,739]

16 minutes ago, Pinkrlion said:

They are going to deny your N-400 since you are divorced you no longer qualify for 3 year filing due to marriage. You will have to wait the 5 years. 

Hmmm

 

15 hours ago, MyNameIsEarl said:

filed my I-751(SRC) in Jan,2020 and changed it to waiver in Nov, 2021. Interviewed in Jan, 2022 and still waiting for the result

So Earl would have likely been an LPR since April 2018 because he filed a joint petition in Jan 2020. This filing was presumably 90 days before the 2 year gc expired April 2020.  
 

15 hours ago, MyNameIsEarl said:

Applied for N400 in Dec, 2022

Hopefully Earl’s “resident since” date is March 2018  or earlier. 

[MyNameIsEarl 13]

2 hours ago, Jorgedig said:

No, you definitely need one.  This is well beyond DIY.

May I know why do you think this is beyond DIY ?

[MyNameIsEarl 13]

50 minutes ago, Pinkrlion said:

They are going to deny your N-400 since you are divorced you no longer qualify for 3 year filing due to marriage. You will have to wait the 5 years. 

Thanks. I don't think they even accept the application if you are divorced and filing before 4 years and 9 months. They have the eligibility calculator on the website. I got married in Feb, 2017 and received my temporary gc in March,2018. 

[SalishSea 17,829]

Just now, MyNameIsEarl said:

May I know why do you think this is beyond DIY ?

Because:

- It is atypical for USCIS to not have made a decision 14 months after an interview.  This tells us something is amiss.

and: 

- You should have informed USCIS that it would not e a joint interview , and provided the decree prior to the interview.  They were obviously caught off guard by that change in circumstance.