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

[IandI100 31]

24 minutes ago, Timona said:

 

Figure out where the letter went to. If it's your fault, refile ASAP. If you find out it's USCIS's fault, you weigh your options. I like taking the easy way out. So, even if it's USCIS's fault, I'd rather refile than waste time appealing. This is what you were to fix. 

 

You have been going "somewhere" to get these stamps. You should have inquired. I think you assumed that since you filed I-751, it isn't your fault so you're owed N400.

 

Anyway, if I were you, just file another I-751 over the weekend. There was a lady here a few months back who was denied N400 because of I-751.

Enquiring about wait Times for i751 yes we did that and thousands of people do as well.  Since the wait time for i751 had been more than 3 years so far, waiting for 3 months to get a letter with an appointment date wasn't alarming or unexpected.  So we just filed for n400 while waiting on i751. The fact that we never received any interview letter nor any other communication regarding the i751 then it sounds like the uscis just never sent it. Their isn't any update on the uscis website saying the sent the interview letter keep in mind.

 

Can the n400 and i751 be processed at the same time? Or does the 1751 process have to be completed before the n400 can be started?  

[OldUser 6,979]

27 minutes ago, IandI100 said:

Can the n400 and i751 be processed at the same time? Or does the 1751 process have to be completed before the n400 can be started?  

Yes, N-400 and I-751 can be in progress at the same time. However, N-400 can be only approved after I-751 approval. This can  happen on the same day (combo interview) or different days. In your wife's case, it looks like you guys missed the I-751 interview. You need to sort it out before N-400 can be approved.

[nastra30 2,295]

2 hours ago, IandI100 said:

That's what I don't understand, technically my wife filed her n400 while waiting on status of i751 which I thought she could.  I have a suspicion her citizenship will be granted, I doubt they ever sent a letter regarding Interview date for the i751.

Yes, you can file N400 (when you qualify) while a filed I751 is pending. However, N400 will NEVER be approved if the I751 hasn't been approved.

In your case, you guys were asked to attend a separate interview for I751 but you missed the interview because you claim appointment letter never arrived. I doubt her citizenship will be granted because the I751 hasn't been approved due to a missed interview.

Call USCIS ASAP and talk to a tier 2 rep to get to the bottom of this. I wonder why during your info pass appointments you never raise the issue of not receiving the appointment letter since you actually had physical access to USCIS agent.

 

Edited October 7, 2022 by nastra30

[Scandi 4,173]

1 hour ago, IandI100 said:

Enquiring about wait Times for i751 yes we did that and thousands of people do as well.  Since the wait time for i751 had been more than 3 years so far, waiting for 3 months to get a letter with an appointment date wasn't alarming or unexpected.  So we just filed for n400 while waiting on i751. The fact that we never received any interview letter nor any other communication regarding the i751 then it sounds like the uscis just never sent it. Their isn't any update on the uscis website saying the sent the interview letter keep in mind.

 

Can the n400 and i751 be processed at the same time? Or does the 1751 process have to be completed before the n400 can be started?  

You need to FORGET about the N-400 and focus on fixing your i-751 problem instead. The N-400 is completely uninteresting at this point, since there's a step before the N-400 that you haven't fixed yet. 

[Cathi 5,771]

9 hours ago, IandI100 said:

 My wife says the red flag was from a mossed appointment to remove the 3 year conditional status from her visa via marriage.  

 

 

It's 2 years, NOT 3.

[IandI100 31]

5 hours ago, OldUser said:

Yes, N-400 and I-751 can be in progress at the same time. However, N-400 can be only approved after I-751 approval. This can  happen on the same day (combo interview) or different days. In your wife's case, it looks like you guys missed the I-751 interview. You need to sort it out before N-400 can be approved.

Shouldn't missing an interview also result in another communication regarding her case? Her case never even went on to any other stage after "we have scheduled your appointment and will send you instructions.  No notifications that the instructions were sent and no notification that we missed an appointment and no notification that her i751 was canceled for any reason.  The lack of communication regarding her i751 just makes me think no appointment was scheduled at all. I am calling the tier 2 officer today later

 

[IandI100 31]

4 hours ago, Scandi said:

You need to FORGET about the N-400 and focus on fixing your i-751 problem instead. The N-400 is completely uninteresting at this point, since there's a step before the N-400 that you haven't fixed yet. 

Yeah i know. I am hearing conflicting statements regarding filing both i751 and n400 at the same time.  I am hearing:

1. You can file both n400 and i751 at the same time.

2. The n400 can't be approved until after the i751 is approved.

 

How are both of these statements accurate??

 

Anyway we are fixing the current issue then refiling the i751 if we have to.

[Rocio0010 5,580]

16 minutes ago, IandI100 said:

1. You can file both n400 and i751 at the same time.

2. The n400 can't be approved until after the i751 is approved.

They’re accurate.

 

16 minutes ago, IandI100 said:

Anyway we are fixing the current issue

What exactly do you mean? Or what do you identify as the “current issue”?

[Rocio0010 5,580]

29 minutes ago, IandI100 said:

Shouldn't missing an interview also result in another communication regarding her case? Her case never even went on to any other stage after "we have scheduled your appointment and will send you instructions.  No notifications that the instructions were sent and no notification that we missed an appointment and no notification that her i751 was canceled for any reason.  The lack of communication regarding her i751 just makes me think no appointment was scheduled at all. I am calling the tier 2 officer today later

 

Missing her interview would result in a denial, which will for sure guarantee another communication… years down the road. 751s are low priority and so anything with regards to them is slow, including denials

[Mike E 11,741]

The key issue is whether I-751 is denied.  If it isn’t then the N-400 is still in play and once I-751 is approved, the current N-400 can be approved.  So I agree with calling USCIS, saying “info pass”, and requesting a tier 2 officer call you registering the status of the I-751 case.  
 

If I-751 is denied, there is a case to be made that this was an administrative error on the part of USCIS. The fact that the online status doesn’t show the case was denied for failure to show up for interview might be a strong argument an attorney can use for appealing the I-751 denial.  
 

Was an interview notice even sent? If so, an attorney can demand USCIS produce a copy.  The copy will have the address.  The address will likely be wrong.  The attorney can show that  USCIS was given the correct address. 
 

 

Edited October 7, 2022 by Mike E

[Daphne . 1,901]

1 hour ago, IandI100 said:

Yeah i know. I am hearing conflicting statements regarding filing both i751 and n400 at the same time.  I am hearing:

1. You can file both n400 and i751 at the same time.

2. The n400 can't be approved until after the i751 is approved.

 

How are both of these statements accurate??

 

Anyway we are fixing the current issue then refiling the i751 if we have to.

Those aren’t contradicting statements because you can file for the n400 while the i751 is processing, but the i751 needs to be approved first in order to get a n400 approved. 

[nastra30 2,295]

1 hour ago, IandI100 said:

1. You can file both n400 and i751 at the same time. - the I751 has to be filed first at 2 years to remove conditions. Then N400 has to file at 3 years to naturalize. However, both applications can be pending at the same time.

2. The n400 can't be approved until after the i751 is approved. - 100% correct.

 

[African Zealot 1,455]

I think you seem fixated on whether N400 can be filed concurrently or not with 751. Yes it can but forget about that. There’s an important issue before you that you need to address, the issue of your un-adjudicated 751. The N400 will not be approved without the 751 being approved first. That means your N400 is essentially “automatically un-approvable”.

 

The decision you have to make now is whether to file a new 751 straight away or go to battle with USCIS (when they inevitably deny the N400) that it’s their fault you never got the interview notice. Focus, all the other stuff is extraneous. This is the meat of the matter because your N400 will and should by law be denied. It’s nonnegotiable.

 

You can be preemptive or reactive. The ball is in your court.

[Mike E 11,741]

Is there a real world example of an I-751 being filed after an N-400 is filed, and then that N-400 is ultimately approved? I’m skeptical. Hence my take on this isn’t I re-animate the original I-751

[Rocio0010 5,580]

You said you moved during the process... When you move, the beneficiary has 10 days to notify them... And they send the beneficiary an email confirming that they've successfully recorded the new address. Did your wife ever received that email?

 

My opinion on this is that proving a negative (i.e. "I never received an interview letter") can be... tricky to say the least, especially with a backlogged, very slow USCIS. So here is what I think should be done (and no, I am not an immigration attorney nor have I ever been in that situation so far and right now I am knocking on as much wood as I can).

 

Request to talk to a tier 2 officer. Don't listen to any advice the agent picking up the phone might give you. They are tier 1 agents and know as much about your case as you do. Demand (politely) to be connected to a tier 2 officer. Most likely they will call you back. Ask about the interview date, and the address the notice went to, if it did. Possibly, ask them to document this either via email or regular mail. You want to have hard evidence that this was their mistake in case you get denied and if you have energy to file a I-290b (waste of time imho but let's not go there yet)

If the notice went to the wrong address, explain to that officer what happened, and ask if they can reschedule an interview for you. 

 

Sign up for USPS informed Delivery... Yesterday!!!!! Keep us posted when you do talk to a tier 2 officer. Most likely they'll call you back in 30 days.