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Posted (edited)

Today my wife went for her citizenship interview and she answered questions correctly and everything was fine on the test but before the test commenced the officer said she had a red flag.  My wife says the red flag was from a mossed appointment to remove the 3 year conditional status from her visa via marriage.  

 

We did file for removal of conditions 1751 however we never received any appointment letter or appointment time to appear.  So while we were waiting for multiple years she filed her n400.  Everything was going smooth as far as paperwork until her n400 interview today when she was notified that she had a red flag due to failure to appear for the removal of conditions.  Her passport stamp is in date still and we never received a failure to attend letter amd we never received a letter telling us when to appear for a removal of conditions.

 

We were under the impression that she could file for citizenship even while waiting for removal of conditions on green card.  Very strange.  Anyway is this red flag bad??

 

The other odd thing is that the officer still did the test and she passed the test.

Any clarity on what we should do?

Edited by TBoneTX
erroneous merge of other thread with this one; title edited
Filed: Citizen (apr) Country: Canada
Timeline
Posted

~~Moved to US Citizenship General Discussion, from IR1/CR1 P&P~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Filed: Citizen (apr) Country: Kenya
Timeline
Posted

How does she still have a stamp? Where did the stamp come from?

 

Did you guys change address? 

 

This to me, looks like a situation that you cannot prove that USCIS was at fault. That being the case, you'll may have to file a fresh I-751 and give reason for late filing. That rectifies the ship and then you have to file a new N400.

 

I will be surprised if her current N400 is approved.

There was a poster here a few months ago who missed I-751, got to N400 and was thrown back to fix I-751 first.

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

Posted
2 minutes ago, Timona said:

How does she still have a stamp? Where did the stamp come from?

 

Did you guys change address? 

 

This to me, looks like a situation that you cannot prove that USCIS was at fault. That being the case, you'll may have to file a fresh I-751 and give reason for late filing. That rectifies the ship and then you have to file a new N400.

 

I will be surprised if her current N400 is approved.

There was a poster here a few months ago who missed I-751, got to N400 and was thrown back to fix I-751 first.

My wife brought the stamp up and the guy at the n400 interview just said that the person stamping the passport doesn't look at missed appointments.  It's very odd.  We did change address during the years long waiting time however the latest letter we got regarding the i751was sent to our current address.  It just stated that they have scheduled an appointment and we will mail you instructions, we waited and waited for the letter and while waiting we did the n400.  The letter with the appointment time and date never came. We just assumed it was due to long wait.times.

 

We also never received any letter stating we missed any appointment.

Filed: Citizen (apr) Country: Kenya
Timeline
Posted (edited)

But when did your wife get this stamp? That's what I'm trying to understand. 

 

I guess you're the unlucky ones. The interview notice might have gone to your old address. 

 

Unfortunately, unless you can prove it's USCIS fault, you'll have to start at filing another I-751. Unless you're a lucky person, I don't see the N400 being approved without I-751

Edited by Timona

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

Posted
1 hour ago, IandI100 said:

We were under the impression that she could file for citizenship even while waiting for removal of conditions on green card.

Yes, that's true, but N-400 cannot be approved until I-751 is approved. And if you missed the I-751 interview, this can cause I-751 being denied, subsequently N-400. Then you have to refile I-751.

Posted
26 minutes ago, OldUser said:

Yes, that's true, but N-400 cannot be approved until I-751 is approved. And if you missed the I-751 interview, this can cause I-751 being denied, subsequently N-400. Then you have to refile I-751.

We have never been given a status on her i751, the latest update was that they are sending letter with instructions on an interview. We never got that letter and never got any other letter regarding the 1751.

Can the n400 be filed while waiting on the i751??  Or does the i751 have to be approved before filing for the n400?  I am a citizen by birth and my wife has been here since 2016.  Unless the uscis changed its rules I thought

1. My wife.could file for citizenship after 3 years

2. She could file file for citizenship while waiting on the i751.  

Filed: Citizen (apr) Country: Kenya
Timeline
Posted

1. After 3 years of being married to same USC & 3 years of having GC.

2. Yes

 

 

You still haven't answered my question...where did your wife's stamp come from? Or how did she come to get it in her PP?

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

Posted
44 minutes ago, Timona said:

1. After 3 years of being married to same USC & 3 years of having GC.

2. Yes

 

 

You still haven't answered my question...where did your wife's stamp come from? Or how did she come to get it in her PP?

My wife has has had a green card since 2016 and been married to me since 2016. She filed n400 assuming we could do that while her i751 was in years long wait time and status was stuck as "we will send you interview instructions" we filed the i751 back in 2019

Filed: Citizen (apr) Country: Canada
Timeline
Posted
2 hours ago, IandI100 said:

My wife brought the stamp up and the guy at the n400 interview just said that the person stamping the passport doesn't look at missed appointments.  It's very odd.  We did change address during the years long waiting time however the latest letter we got regarding the i751was sent to our current address.  It just stated that they have scheduled an appointment and we will mail you instructions, we waited and waited for the letter and while waiting we did the n400.  The letter with the appointment time and date never came. We just assumed it was due to long wait.times.

 

We also never received any letter stating we missed any appointment.

This here was your mistake. You didn't call when the letter never showed up.  After a few weeks a most your wife should have called to find out what happened. 

 

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Posted
11 minutes ago, Ontarkie said:

This here was your mistake. You didn't call when the letter never showed up.  After a few weeks a most your wife should have called to find out what happened. 

 

Ok but we didn't know we missed the letter since the uscis can take time doing things.  We still haven't received any letter regarding the i751.  So basically we have to file for the i751 all.over again?  It's been said that one can file the n400 while waiting on the i751 but it seems that confuses the uscis. What is the wait time for the i751 3 to 6 years? Lol 

Filed: Citizen (apr) Country: Argentina
Timeline
Posted
2 hours ago, IandI100 said:

We have never been given a status on her i751, the latest update was that they are sending letter with instructions on an interview.

Can you check your online status, take a screenshot, blur any personal information? 
If you check her case number, it will give you status updates. It usually goes from “case received” to “biometrics applied to your case” and then it goes to either RFE, or interview ready to be scheduled or interview scheduled if you do have an interview. 
What was the last status update you remember seeing?

 

If you access now her case number, what do you see?

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

Filed: Citizen (apr) Country: Canada
Timeline
Posted
1 minute ago, IandI100 said:

Ok but we didn't know we missed the letter since the uscis can take time doing things.  We still haven't received any letter regarding the i751.  So basically we have to file for the i751 all.over again?  It's been said that one can file the n400 while waiting on the i751 but it seems that confuses the uscis. What is the wait time for the i751 3 to 6 years? Lol 

But you did get a letter saying you would be getting the interview letter. That should have been enough for you to keep watching the mailbox and when it didn't come in shortly that is when your wife should have called. Not showing up for the interview stops everything. Before refilling I would call them to find out where the letter was sent and what the date was. How long ago was the first letter? Just maybe then you can beg them to reschedule it if it went to the wrong address as you did get the first one at the new address. You just might get lucky and get someone in a good mood. If not then yes you will have to start all over. 

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

 
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