N400 Approval before I-751 Adjudication- how is this possible?!?

[ultrasoul 51]

Sharing what I thought was a total impossibility but just happened- my brother’s N400 case status changed to  approved and scheduled for naturalization ceremony even though his I-751 interview has yet to be scheduled much less even approved.

 

On August 2021, my brother filed his I-751 to remove conditions on his 3 year conditional PR status.

On July 2022, he was eligible to file for N400.

 

On October 2022, due to the N400 USCIS transferred his I-751 case file to the Queens local field office (to prepare for what I was assuming a combo interview).

 

 On Jan 2023, he was scheduled and attended his N400 interview. Anticipating a combo interview, he brought all I-751 evidence (photos, bank records of married life) but officer shockingly did not do a combo interview- recommending his N400 for approval pending a future scheduled I-751 interview decision.

 

 On March 2023, he reached out to congressman to assist with moving his I-751 along since it was filled over 18 months ago and the paperwork has been sitting in the local FO at the time of his N400 interview and still remains there for 6 months now.

 

 Today April 2023, USCIS Queens FO reviews the congressional inquiry and changes status of N400 case to “recommended for approval in line for ceremony scheduling” with no update/ waiver approval to the i-751.

 

 Chatted with level 1 USCIS chat agent via Emma and agent states adamantly that N400 can be approved and naturalization can take place before I-751 approval which doesn’t sound right.

 

 I’m going to advice my brother to ask the congressional liaison to send a followup message to the local Queens FO to approval the I-751 or schedule the I-751 if they require an interview because I’m pretty sure my brother will be turned away at the N400 ceremony if the system hasn’t have record of a i-751 approval.

 

Baffles me that a conditional resident can be scheduled for naturalization with 2 different USCIS staffers (field office plus chat agent level 1)  not seeing this as a paradox?

 

[Mike E 11,739]

5 minutes ago, ultrasoul said:

my brother’s N400 case status changed to  approved and scheduled for naturalization ceremony

Is there an actual date, time, and place?

[ultrasoul 51]

Just now, Mike E said:

Is there an actual date, time, and place?

Not yet. Status shows N400 is approved and in line for scheduling

[Mike E 11,739]

1 minute ago, ultrasoul said:

Not yet. Status shows N400 is approved and in line for scheduling

Then it means nothing.

 

Legally he cannot take oath without I-751 being approved.

 

 

[ultrasoul 51]

That’s what I thought. Better to go back to congressional liason to mention this to get movement in the i-751.

 

 Do local FO still waive I-751 interviews these days in 2023?

[Verrou 1,961]

call live center, request for tier 2 to call ur brother back. just said that tier 2 can help you  better in this case

utilize inbox message on myuscis account to reach out to tier 2

contact congressperson

 

Do local FO still waive I-751 interviews these days in 2023? 

sometimes.especially if he got the Conditional GC with interview - this is unrelated with N-400 interview

Edited April 14, 2023 by Misscloud

[Mike E 11,739]

1 minute ago, ultrasoul said:

Do local FO still waive I-751 interviews these days in 2023?

Yes. 

[Crazy Cat 41,774]

So, he did not have a combo interview?  

Edited April 14, 2023 by Crazy Cat

[ultrasoul 51]

Thanks @Mike E and @Misscloud. 
 

Already my brother had an L2 call back in Jan after his N400 interview but was given the precanned wait for your I-751 scheduling reply.

 

Opened several escalation out of timelines processing tickets that went straight to the Queens FO on both N400 and I-751 cases and same responses as well.

 

N400 status change thanks to congressional inquiry was the only way things changed lol

[Verrou 1,961]

ur brother can try to send letter to the field office attention field office director to address the issue + attach the receipt letter

on the envelope type " do not open in mailroom"

[ultrasoul 51]

11 minutes ago, Crazy Cat said:

It is now common for combo interviews to be completed.  Wife's I-751 status didn't show up as approved until a few days after the N-400 status changed to "In line for Oath.."

 

Naturalization CANNOT take place before the I-751 is approved. 

We tested the theory that Queens FO officer who approved the N400 must surely know that an I-751 approval is a prequisite- so my bro chatted with a L1 chat rep via Emma to see when was the last time someone touched the I-751 hoping the FO would have approved the I-751 today at the same time they accessed the N400 case to approve it but it does not look to be the case.

 

Yes combo interviews should be the standard as confirmed in the DHS 2020 public webinar given by USCIS leader https://www.dhs.gov/publication/uscis-processing-concurrently-pending-forms-n-400-and-forms-i-751

 

judging from the site where people ask immigration lawyers questions- the reason why a combo interview is not done is because the N400 officer is new and does not know how to handle I-765 lol

 

Edited April 14, 2023 by ultrasoul

[beloved_dingo 1,976]

It's always possible that the I-751 will update to "approved" soon. The I-751 has to be approved before the oath, but it doesn't require a separate interview. 

[Sarge2155 4,586]

15 hours ago, ultrasoul said:

Sharing what I thought was a total impossibility but just happened- my brother’s N400 case status changed to  approved and scheduled for naturalization ceremony even though his I-751 interview has yet to be scheduled much less even approved.

 

On August 2021, my brother filed his I-751 to remove conditions on his 3 year conditional PR status.

On July 2022, he was eligible to file for N400.

 

On October 2022, due to the N400 USCIS transferred his I-751 case file to the Queens local field office (to prepare for what I was assuming a combo interview).

 

 On Jan 2023, he was scheduled and attended his N400 interview. Anticipating a combo interview, he brought all I-751 evidence (photos, bank records of married life) but officer shockingly did not do a combo interview- recommending his N400 for approval pending a future scheduled I-751 interview decision.

 

 On March 2023, he reached out to congressman to assist with moving his I-751 along since it was filled over 18 months ago and the paperwork has been sitting in the local FO at the time of his N400 interview and still remains there for 6 months now.

 

 Today April 2023, USCIS Queens FO reviews the congressional inquiry and changes status of N400 case to “recommended for approval in line for ceremony scheduling” with no update/ waiver approval to the i-751.

 

 Chatted with level 1 USCIS chat agent via Emma and agent states adamantly that N400 can be approved and naturalization can take place before I-751 approval which doesn’t sound right.

 

 I’m going to advice my brother to ask the congressional liaison to send a followup message to the local Queens FO to approval the I-751 or schedule the I-751 if they require an interview because I’m pretty sure my brother will be turned away at the N400 ceremony if the system hasn’t have record of a i-751 approval.

 

Baffles me that a conditional resident can be scheduled for naturalization with 2 different USCIS staffers (field office plus chat agent level 1)  not seeing this as a paradox?

 

Don't sweat this same happened to us they recommended approval of the N400 without addressing the pending I-751. A few days later the I-751 was approved and we got status. Seems it just takes a couple of days for the I751 to catch up. When you have a pending I-751 and you submit a N-400 on top of it, it seems as though they treat the I751 as an after thought, but it does get looked at. At the Dallas office they either do a combo interview where they tell you before to bring your spouse to the N400 interview or like in our case they say nothing keep you guessing then once the spouse has the N400 interview alone its turns out to be a combo, but with only one spouse. Give it a bit longer for the status to catch up!

Edited April 15, 2023 by Sarge2155

[ultrasoul 51]

Wanted to circle back and provide an update. Earlier today on April 17 Monday, my brother got an update on his N400 confirming the quality checks were completed, N400 is fully approved, and the oath ceremony is scheduled for next month.

 

Interesting, there was still no status updates on his I-751 which still shows waiting to be scheduled a ROC interview but an L1 chat agent was able to confirm that the Field office touched his I-751 last Saturday when the officer was doing the quality checks on the N400 approval and scheduling the oath before so it definitely feels like the I-751 approval status change should happen any day now.

 

Many thanks everyone for allaying this concern cheers!

 

 

Edited April 17, 2023 by ultrasoul