My wife doesn't know if she passed her citizenship test.

[Rocio0010 5,579]

14 minutes ago, IandI100 said:

The notification just says "officer".  

 

Waiting would also mean my wife is here not lawfully after a certain period of time.  

Correct. Then your only option, if you don't want to wait, refile a 751.

[IandI100 31]

On 11/8/2022 at 1:45 PM, Rocio0010 said:

Correct. Then your only option, if you don't want to wait, refile a 751.

According to the n400 denial details, the I 751 interview was scheduled for May 2021and we didn't show up. However the n400 denial does not state on what date the i751 was denied.  Anyway since the i751 was filed to remove conditions of the green card, do we refile to remove a green card that is already so out of date? Just want to make sure refiling the i751 is the best course. We are refiling tomorrow, we will certainly include a letter explaining all this because I know they are going to wonder why the time gap.

[IandI100 31]

On 11/8/2022 at 1:45 PM, Rocio0010 said:

Correct. Then your only option, if you don't want to wait, refile a 751.

As far as we know we don't have any notice to appear in court either.

 

[Family 3,988]

25 minutes ago, IandI100 said:

On 11/8/2022 at 11:45 AM, Rocio0010 said:

Correct. Then your only option, if you don't want to wait, refile a 751.

According to the n400 denial details, the I 751 interview was scheduled for May 2021and we didn't show up. However the n400 denial does not state on what date the i751 was denied.  Anyway since the i751 was filed to remove conditions of the green card, do we refile to remove a green card that is already so out of date? Just want to make sure refiling the i751 is the best course. We are refiling tomorrow, we will certainly include a letter explaining all this because I know they are going to wonder why the time gap.

Not a sound decision to refile now.
All you need to do is wait since you have a service request to reschedule and if you want to use the time effectively, call every day and get an InfoPass ….plus of course pester your Congressman, the Field Office and omnbudsman ….I am not guessing here. 

 

Nothing will happen to your wife in the meantime…if you want to file something, then file the N-336 , that would put you in front of USCIS and give you a chance to argue again the Lack of Notice for I-751.
 

I hate to see you lose four bloody years of waiting..because you are worried and feel overwhelmed. You are better off consulting a few good attorneys if you want to feel more secure.

 

[IandI100 31]

4 hours ago, Family said:

Not a sound decision to refile now.
All you need to do is wait since you have a service request to reschedule and if you want to use the time effectively, call every day and get an InfoPass ….plus of course pester your Congressman, the Field Office and omnbudsman ….I am not guessing here. 

 

Nothing will happen to your wife in the meantime…if you want to file something, then file the N-336 , that would put you in front of USCIS and give you a chance to argue again the Lack of Notice for I-751.
 

I hate to see you lose four bloody years of waiting..because you are worried and feel overwhelmed. You are better off consulting a few good attorneys if you want to feel more secure.

 

Ok would I file the n336 for the i751 or the n400? 

[Dashinka 24,377]

3 hours ago, IandI100 said:

Ok would I file the n336 for the i751 or the n400? 

The N336 only applies to the N400, but it would give you an opportunity to argue the lack of notice regarding the I751 interview.  If you take this route, I would suggest consulting with a good immigration attorney.

 

Good Luck!

[IandI100 31]

27 minutes ago, Dashinka said:

The N336 only applies to the N400, but it would give you an opportunity to argue the lack of notice regarding the I751 interview.  If you take this route, I would suggest consulting with a good immigration attorney.

 

Good Luck!

Ok, we will refile the i751, however since it's been so long since the previous i751 filing, we can still.refile correct?  From the wording on the n400 denial I think they denied both on same day but we don't know for sure when the i751 was officially denied.

[Family 3,988]

3 hours ago, IandI100 said:

Ok would I file the n336 for the i751 or the n400? 

The N-336 is to appeal the citizenship and you would argue Service Error /Lack of Notice ..and as long as this appeal is filed you can preserve both the I-751 AND N-400 without starting over…

Edited November 10, 2022 by Family

[Dashinka 24,377]

2 minutes ago, IandI100 said:

Ok, we will refile the i751, however since it's been so long since the previous i751 filing, we can still.refile correct?  From the wording on the n400 denial I think they denied both on same day but we don't know for sure when the i751 was officially denied.

Did you find out the status of the first I751 yet?  I  thought you had notice that the I751 interview was to be re-scheduled?  I would not muck it up more at this point with a new I751.

 

Good Luck!

[Family 3,988]

6 minutes ago, IandI100 said:

Ok, we will refile the i751, however since it's been so long since the previous i751 filing, we can still.refile correct?  From the wording on the n400 denial I think they denied both on same day but we don't know for sure when the i751 was officially denied.

I almost want to giVe up here…

The I-751 has its own “ wording “ when denied…AND there was no reference in the N-400 on actual date BUT it would be 30 days after no show to to the no notice interview..

[IandI100 31]

19 minutes ago, Family said:

The N-336 is to appeal the citizenship and you would argue Service Error /Lack of Notice ..and as long as this appeal is filed you can preserve both the I-751 AND N-400 without starting over…

Which is more likely to be approved? I don't want to file one and not be the best choice.

[Family 3,988]

1 minute ago, IandI100 said:

Which is more likely to be approved? I don't want to file one and not be the best choice

You have grounds for I-751 to be rescheduled AND approved which gives you grounds for N-400 to be approved, so N-336 gives you the mechanism to solve BOTH. 
 

 

[IandI100 31]

33 minutes ago, Family said:

You have grounds for I-751 to be rescheduled AND approved which gives you grounds for N-400 to be approved, so N-336 gives you the mechanism to solve BOTH. 
 

 

Ok so if an n336 doesn't work, does that eliminate the chance of refiling and i751?  I don't want to lose my wife so I am going to ask alot of questions and worry.

[Rocio0010 5,579]

19 minutes ago, IandI100 said:

Ok so if an n336 doesn't work, does that eliminate the chance of refiling and i751?  I don't want to lose my wife so I am going to ask alot of questions and worry.

You are not going to lose her. 

You will file an N336 and you will back it up with a lot of evidence and "paper trail" of your efforts.

Worst case scenario she's given an NTA and a court date to appear in front of an immigration judge. Only the immigration judge can strip her off her status, but that's years down the road.

Did you call Hacking? He does this all the time. He's an immigration lawyer. He has his own firm, but he has a youtube channel where he does "free" consultations. If you have the money and are worried of doing it yourself, I would consult him.

[IandI100 31]

2 hours ago, Dashinka said:

Did you find out the status of the first I751 yet?  I  thought you had notice that the I751 interview was to be re-scheduled?  I would not muck it up more at this point with a new I751.

 

Good Luck!

The last notification we got on that was that it was assigned to an officer for review for rescheduling.