N336 or I751? Denied N400 and I751 terminated!!

[Renato D 5]

Hi everyone!

Briefly, I applied for ROC I-751 last year, and this year I applied for N-400 Naturalization. I went to the naturalization interview without knowing it would be for both cases (I did not receive confirmation of the interview date for ROC and could not reach any USCIS assistance by phone).
 

The reason my N-400 was denied was because my wife was not present and they could not remove my conditions. Simple as that. The immigration officer told me she should be there, even though she continued with both interviews with me, alone.

Yesterday, I just received a notification saying that N-400 was denied and my permanent residency status was terminated (which I presume was denied also, right?).

The notice suggests applying for an N-336 request for a hearing.

I don't know what the best option. Take the risk and time for N-336, reapply for I-751...
Or if there is any other better way to proceed
Please, any help is welcome.

 

 

Edited June 26 by Crazy Cat

[SalishSea 17,801]

1 hour ago, Renato D said:

Hi everyone!

Briefly, I applied for ROC I-751 last year, and this year I applied for N-400 Naturalization. I went to the naturalization interview without knowing it would be for both cases (I did not receive confirmation of the interview date for ROC and could not reach any USCIS assistance by phone).
 

The reason my N-400 was denied was because my wife was not present and they could not remove my conditions. Simple as that. The immigration officer told me she should be there, even though she continued with both interviews with me, alone.

Yesterday, I just received a notification saying that N-400 was denied and my permanent residency status was terminated (which I presume was denied also, right?).

The notice suggests applying for an N-336 request for a hearing.

I don't know what the best option. Take the risk and time for N-336, reapply for I-751...
Or if there is any other better way to proceed
Please, any help is welcome.

 

Are you still married?   Did you really not understand that your wife needed to be there?

 

You need an immigration lawyer at this point, it’s now beyond DIY.

Edited June 26 by Crazy Cat

[Crazy Cat 41,812]

@Renato D

 

Can you post a copy of the I-751 denial? That is the root of the issue.

Edited June 26 by Crazy Cat

[Crazy Cat 41,812]

***Moderator Note****

***OP's attachment edited to remove a personal case number****

Edited June 26 by Crazy Cat

[Crazy Cat 41,812]

50 minutes ago, Renato D said:

I don't know what the best option. Take the risk and time for N-336, reapply for I-751...

I don't think an I-336 is going to help with the N-400 case as the denial is a domino of the I-751 denial.  You could just re-file a proper I-751 if it was due to lack of spouse's participation or evidence, and then re-file an N-400 at some point in the future.   The I-751 is the urgent matter.

I'm eager to hear the thoughts of other members....and attorneys.

Edited June 26 by Crazy Cat

[Scandi 4,166]

When you have a pending i-751, your spouse should ALWAYS attend the interview with you - even if you don't receive an interview letter for the i-751 but only for the N-400 (this is the most common scenario, most people only get a letter for the N-400 and nothing for the i-751, but they get interviewed for both at the same time). 

I too am curious to see the denial letter/reason for the i-751 - it seems a bit extreme to terminate your status just because your wife didn't attend, when they could have rescheduled your interview instead. While yes, they absolutely CAN do that, it still seems unusual.
 

Are you and your spouse no longer living together?
Did you give the IO enough evidence of your marriage?
Did it seem the IO suspected the marriage wasn't bonafide? 

Your N-400 is a non-issue here, the N-400 denial is solely based on your i-751 denial. 

[Crazy Cat 41,812]

13 minutes ago, Scandi said:

it seems a bit extreme to terminate your status just because your wife didn't attend, when they could have rescheduled your interview instead. While yes, they absolutely CAN do that, it still seems unusual.

I agree 100%.  

[OldUser 6,608]

23 minutes ago, Scandi said:

I too am curious to see the denial letter/reason for the i-751 - it seems a bit extreme to terminate your status just because your wife didn't attend, when they could have rescheduled your interview instead. While yes, they absolutely CAN do that, it still seems unusual.

+1

[Sweetdreaming 397]

Might this be a possible downside of "skipping" completing the 751 process before a naturalization interview? At least the 10 year GC would be a fallback option if a mistake was made?

Edited June 26 by Sweetdreaming

[Renato D 5]

 

1 hour ago, Crazy Cat said:

Can you post a copy of the I-751 denial? That is the root of the issue.

I did not receive I-751 denial specifically. Just on N400 denial, saying my conditional permanet residence was terminated.

 

59 minutes ago, Crazy Cat said:

***Moderator Note****

***OP's attachment edited to remove a personal case number****

Thanks!!

 

42 minutes ago, Scandi said:

Are you and your spouse no longer living together?
Did you give the IO enough evidence of your marriage?
Did it seem the IO suspected the marriage wasn't bonafide? 

Your N-400 is a non-issue here, the N-400 denial is solely based on your i-751 denial. 

We are living together since I got married, 2020. 
Full of evidences, pictures, bank account and credit card, DL with same address, etc...
She doesn't show any sign she was suspecting, at all.
Just my wife wasn't there. Our mistake she wasn't there but extreme resolution.

[Crazy Cat 41,812]

5 minutes ago, Renato D said:

I did not receive I-751 denial specifically.

You will get a separate denial for it.

[Renato D 5]

7 minutes ago, Crazy Cat said:

You will get a separate denial for it.

Should I apply for ROC even without the I-751 denial?

Edited June 26 by Renato D

[Crazy Cat 41,812]

***A quote containing a personal case number has been edited to remove attachment***

[Crazy Cat 41,812]

6 minutes ago, Renato D said:

Should I apply for ROC even without it?

Personally, I would wait to see what it says.  You should see it posted on your online account soon.

[Liam2021 583]

2 hours ago, Renato D said:

The reason my N-400 was denied was because my wife was not present and they could not remove my conditions. Simple as that

Seem like this reason is not valid. The main reason is I-751 has been denied. However, USCIS will never denied a petition without sending RFE first. So, I-751 was denied, buy for what reason?