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

[Family 3,988]

40 minutes ago, IandI100 said:

Well the officer didn't, the officer said he will talk with his manager and get back with my wife in a couple of weeks by letter.  I am waiting on tier 2 uscis call now anyway

You can take some preemptive/ protection measures. Contact your congressman ( Google download case authorization and give them a call). State you need help and that you never received the I-751 March 2021 interview notice . Show you have been in contact w USCIS ( stamps obtained at InfoPass and N-400 app) and would have certainly attended . 

Absolutely fight denial for abandonment of I-751 ( worst case scenario) IF it comes to it because it means having to start over for both I-751 / N-400. ..you will win. 
 

[jakelake 222]

1 hour ago, IandI100 said:

Well the officer didn't, the officer said he will talk with his manager and get back with my wife in a couple of weeks by letter.  I am waiting on tier 2 uscis call now anyway

So you were able to reach that same officer? 

Anyway, if the manager is understanding and reasonable, then everything should clear itself out. You should have all the information that you sent in with the I-751 ready. and also have updated information, such as shared bank accounts, insurance, etc. Anything that shows that it is a valid marriage.

 

On the other hand, if the manager wants to be difficult, s/he can say that you missed the appointment and would have to start over. Disputing that can take some time.

 

Hopefully, you get a reasonable person.

 

Keep us posted.

 

 

[IandI100 31]

10 minutes ago, jakelake said:

So you were able to reach that same officer? 

Anyway, if the manager is understanding and reasonable, then everything should clear itself out. You should have all the information that you sent in with the I-751 ready. and also have updated information, such as shared bank accounts, insurance, etc. Anything that shows that it is a valid marriage.

 

On the other hand, if the manager wants to be difficult, s/he can say that you missed the appointment and would have to start over. Disputing that can take some time.

 

Hopefully, you get a reasonable person.

 

Keep us posted.

 

 

That's what the interviewing officer told my wife when she appear3d for the n400 interview.

[.yana 595]

2 hours ago, IandI100 said:

I can look at my wife's case by just inputting the receipt number in the uscis web page.  If a tier 1 can only see that information then again that means they are watching Netflix during the multiple holds or just chit chatting with friends.  Maybe he was trying to score with the chick in the next cubicle and i was in the way.  Who knows with those tier 1 guys... I am agreeing with you, he had to be doing something to fill time on the multiple holds I was put on. 

 

Most likely answering other dozens of callers.

You'd be surprised but you're not exactly the only person calling Tier 1.

[SalishSea 17,746]

12 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.

This is the crux of this entire situation.

[SalishSea 17,746]

4 hours ago, IandI100 said:

So if my wife has to refile an i751 then she can't get citizenship?

No one gets citizenship without having removed conditions.   That is what folks here have been trying to explain to you.

 

It doesn’t mean she has to have an interview for ROC (Removal of Conditions).   What it DOES mean is that until that step is completed (which could be achieved by USCIS issuing the green card tomorrow), no citizenship will be granted.

[discoverusa 258]

I am optimistic that the issue will be resolved without having to file a new I751. If you never received an interview notice and none was generated by the system on USCIS end you should be fine. This is assuming Tier 1 officer was correct. They can't claim you missed the interview you were never advised about. 

 

[Rocio0010 5,579]

2 minutes ago, discoverusa said:

I am optimistic that the issue will be resolved without having to file a new I751. If you never received an interview notice and none was generated by the system on USCIS end you should be fine. This is assuming Tier 1 officer was correct. They can't claim you missed the interview you were never advised about. 

 

It's all good, but how do you prove a negative?

[discoverusa 258]

Just now, Rocio0010 said:

It's all good, but how do you prove a negative?

USCIS would have to produce a copy of dated interview letter that was "sent" to OP or posted to online account. This would be proof that OP "missed" the interview. 

 

If the manager confirms such notice was never generated by the system, then OP should be approved hopefully for both processes (removal of conditions and Citizenship).

 

I work for state government and see similar situations happen quite a bit. My supervisor always asks herself what would happen if this case went to fair hearing, how would the government prove the interview notice was sent on a specific date if it wasn't. 

[Rocio0010 5,579]

5 minutes ago, discoverusa said:

USCIS would have to produce a copy of dated interview letter that was "sent" to OP or posted to online account. This would be proof that OP "missed" the interview. 

 

If the manager confirms such notice was never generated by the system, then OP should be approved hopefully for both processes (removal of conditions and Citizenship).

If you think that USCIS is going to engage in such efforts in a timely manner, then I guess we're not talking about the same USCIS.... On their end, OP missed the interview because it was scheduled.

[IandI100 31]

25 minutes ago, discoverusa said:

I am optimistic that the issue will be resolved without having to file a new I751. If you never received an interview notice and none was generated by the system on USCIS end you should be fine. This is assuming Tier 1 officer was correct. They can't claim you missed the interview you were never advised about. 

 

Me too, the tier 1 guy said he would be able to see what was sent from the uscis and he said he doesn't see any date and time sent for the interview. He may not know as much as a tier 2 but their Is no reason he would lie about anything.

[discoverusa 258]

14 minutes ago, Rocio0010 said:

If you think that USCIS is going to engage in such efforts in a timely manner, then I guess we're not talking about the same USCIS.... On their end, OP missed the interview because it was scheduled.

Ok, you win! 

 

Let's wait to see what Tier 2 is going to say. If the interview was scheduled, then why Tier 1 did not see the notice of interview. I guess USCIS can't prove a negative either.

[Family 3,988]

26 minutes ago, Rocio0010 said:

If you think that USCIS is going to engage in such efforts in a timely manner, then I guess we're not talking about the same USCIS.... On their end, OP missed the interview because it was scheduled.

Even if notice was mailed , OP would overcome and WIN, given his particular circumstances. 

[IandI100 31]

25 minutes ago, Rocio0010 said:

If you think that USCIS is going to engage in such efforts in a timely manner, then I guess we're not talking about the same USCIS.... On their end, OP missed the interview because it was scheduled.

How would anyone know if it was scheduled and who can know?

[Rocio0010 5,579]

9 minutes ago, IandI100 said:

How would anyone know if it was scheduled

The last notice you received says so. Mind you, the verbiage doesn’t say “interview ready to Be scheduled”. 
 

 

12 minutes ago, IandI100 said:

and who can know?

A tier 2 officer