N-400 interview Next month with I-751 pending

[Tommy john 9]

Hi guys,

 

After 5 months, I got notified that N-400 interview was scheduled on April 6th while I-751 still showed case was transferred to another office.

 

I and my wife live in two different states due to college. The letter didn’t say I should bring her with me for my interview. Also I wonder that they didn’t ask for RFE although we have been in different states since end of 2021 due to college and she is the caregiver for her dad who has disability.

 

What should I do now? They will approve my citizenship without I-751 ? 

[Allaboutwaiting 2,503]

No. They won't approve the N-400 without approving the I-751.

 

Ideally they should hold a combo interview for both ROC and citizenship -in which case you should both be there-. If not, your N-400 approval will remain pending until you both attend the I-751 interview.

Edited March 11, 2023 by Allaboutwaiting

[Tommy john 9]

11 minutes ago, Allaboutwaiting said:

No. They won't approve the N-400 without approving the I-751.

 

Ideally they should hold a combo interview for both ROC and citizenship -in which case you should both be there-. If not, your N-400 approval will remain pending until you both attend the I-751 interview.

Should I bring her to the interview ?

[Allaboutwaiting 2,503]

I would.

[OldUser 6,608]

1 hour ago, Tommy john said:

Should I bring her to the interview ?

Absolutely bring your spouse to the interview.

 

And there's a huge risk your N-400 (if filed under 3 year rule) will be denied, due to you not living in marital union. This may also have an effect on I-751. If I was in your position, I would have not filed N-400 without consulting with a lawyer. Ideally, you should have legal representation on your interview too. You and your spouse living separately with I-751 and N-400 pending may be way bigger than you think.

 

Please update us on how it goes and good luck!

 

 

Edited March 12, 2023 by OldUser

[OldUser 6,608]

Update: found your older thread.

 

You're in big mess... If you knew the relationship was going south in 2021, you should have divorced and converted or refiled I-751 on basis of divorce and good faith marriage. You had all this time to sort it out and get on a cleaner path for your N-400. Now there's real question whether IO is going to deny your I-751 and potentially put you in removal proceedings.

 

I know you said it's expensive in other thread, but your immigration path is very shaky, at least based on your posts.

 

[Tommy john 9]

30 minutes ago, OldUser said:

Absolutely bring your spouse to the interview.

 

And there's a huge risk your N-400 (if filed under 3 year rule) will be denied, due to you not living in marital union. This may also have an effect on I-751. If I was in your position, I would have not filed N-400 without consulting with a lawyer. Ideally, you should have legal representation on your interview too. You and your spouse living separately with I-751 and N-400 pending may be way bigger than you think.

 

Please update us on how it goes and good luck!

 

 

Yes bro before it was hard but now our relation is very stable thank god 

I know many people had to live apart due to life circumstances and still had marital union like shared accounts, insurances etc and the petitions got approved 

[OldUser 6,608]

9 minutes ago, Tommy john said:

Yes bro before it was hard but now our relation is very stable thank god 

I know many people had to live apart due to life circumstances and still had marital union like shared accounts, insurances etc and the petitions got approved 

Sir, firstly we're not acquainted so I would prefer you refraining from using "bro" when addressing me.

 

Secondly, marital union, e.g. living together under one roof in addition to co-mingling finances etc. is COMPULSORY for N-400 approval when filing under 3 year rule.

Edited March 12, 2023 by OldUser

[Rocio0010 5,579]

1 hour ago, Tommy john said:

Yes bro before it was hard but now our relation is very stable thank god 

I know many people had to live apart due to life circumstances and still had marital union like shared accounts, insurances etc and the petitions got approved 

Unfortunately filing under the three year rule does not care about “life circumstances”. One of the requirements for an N400 based on marriage to a USC is to have been a resident and have been living IN MARITAL UNION for three years up until the moment of the submission. Unfortunately yours will be denied. 
If I were you, I’d withdraw the application this Monday. The problem is that they will want to know why, and you’ll have to explain your living arrangements. Which will jeopardize your 751. 

You’ve put yourself in a very tough spot unnecessarily.

[OldUser 6,608]

26 minutes ago, Rocio0010 said:

living IN MARITAL UNION for three years up until the moment of the submission.

Marital union required all the way up to the oath!

[Rocio0010 5,579]

3 minutes ago, OldUser said:

Marital union required all the way up to the oath!

Yep. OP is in a hot mess

[SalishSea 17,801]

3 hours ago, Rocio0010 said:

Yep. OP is in a hot mess

He was told all of this in previous threads. He went ahead and did it anyway.   SMH.

[usmsbow 801]

Gotta admit, this is how i feel about the interview date next month.

[Crazy Cat 41,812]

13 hours ago, Tommy john said:

Hi guys,

 

After 5 months, I got notified that N-400 interview was scheduled on April 6th while I-751 still showed case was transferred to another office.

 

I and my wife live in two different states due to college. The letter didn’t say I should bring her with me for my interview. Also I wonder that they didn’t ask for RFE although we have been in different states since end of 2021 due to college and she is the caregiver for her dad who has disability.

 

What should I do now? They will approve my citizenship without I-751 ? 

Is college the only reason you are living apart?  I seem to remember your posts back in November 2021.  The Immigration Officer is likely to grill you about living apart and such infrequent time together. I would have contacted an attorney long ago.  Good luck.

Edited March 12, 2023 by Crazy Cat

[Rocio0010 5,579]

19 minutes ago, Crazy Cat said:

Is college the only reason you are living apart?  I seem to remember your posts back in November 2021.  The Immigration Officer is likely to grill you about living apart and such infrequent time together. I would have contacted an attorney long ago.  Good luck.

College and the wife taking care of a disabled parent. Which was not mentioned back in the old thread. 
Yep, I’d have contacted an attorney back in the day and I’d also waited 5 years to apply.