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Renato D

N336 or I751? Denied N400 and I751 terminated!!

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3 minutes ago, Liam2021 said:

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? 

Maybe I didn't explain it correctly. The I-751 was denied because my wife was not present at the ROC interview (this is a 100% obligation).
There is nothing with her presence for the N400 interview. And the point is that the two interviews were carried out at the same time. That was the first question IO made: "where is your wife"... I hope I made it clear.

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1 minute ago, Renato D said:

"where is your wife".

What was your response?

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: Citizen (apr) Country: Taiwan
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1 hour ago, Renato D said:

The I-751 was denied because my wife was not present at the ROC interview

I am still interested in what the denial will say.  Your spouse wasn't present, but your spouse signed the joint I-751, meaning she was a participant in the ROC.  The officer should have had all the previous evidence there.  You also brought updated evidence regarding the marriage, correct? 

 

I also find it odd that the officer continued with the interviews if the officer thought her absence was cause for a denial.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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10 minutes ago, Crazy Cat said:

What was your response?

I mean at this point no detail will clear this up, the officer clearly just made a decision based on vibes. It wouldn't be the first time an officer did something just to prove they have all the authority.

 

Unfortunate that OP wasn't aware to being the spouse for a possible combo interview (something I did myself) however I will have to point out that people on this forum are more aware and have "ins" in a way that it's not spelled out by USCIS whatsoever. There are many cases reported here that the ROC file wasn't available, the N-400 interview goes on without a hitch and the ROC is adjudicated later.

 

Specially if OP didn't get a combo interview notice/letter, which should be standard for USCIS and it isn't. This is another hurdle we face as immigrants, having to know all the rules plus the invisible ones, to the point of being more knowledgeable than people who work with immigration law.

 

Wait for the denial to come but start calling lawyers, the termination of residency content of your letter made this beyond DIY. Appealing the N-400 is useless, is the ROC that needed fixing, if there is a way to fix it. You're still married to an US citizen so your overstay without status has some protections in case you have to start over, but any encounter with law enforcement could be messy, heads up.

Edited by jackiegringa

event.png

 

N-400 3 year marriage based (IOE)

Jan 22, 2024 - Submitted online 

Jan 22, 2024 - Biometrics waived

Mar 6, 2024 - Interview scheduled for Apr 11 COMBO I-751/N-400

Apr 11, 2024 - Combo interview - approved N-400

May 1, 2024 - Approved ROC, received 10 GC on May 20.

May 7, 2024 - Oath scheduled for June 14 (requested later ceremony at interview)

June 14, 2024 - Special Flag Day Oath ceremony - I'm a citizen!!!

 

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2 hours ago, Scandi said:

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). 

 

Perhaps it would have been better that the spouse went along to the N400 interview. The spouse should ALWAYS BRING the other spouse along with to the N400 interview and inform the IO that your spouse is there with you. My wife had an active ROC  which had not been adjudicated, we requested a combo interview (wrote a letter) and submitted it during the submission of the N400 documents. Never got an answer nor did USCIS say it was going to be a combo interview. I accompanied my wife anyway and told her to tell the IO that I was out in the parking lot. The IO interviewed her without me and approved both the I-751 and the N-400.  I guess its best to say that the spouse which is not being interviewed should ALWAYS accompany the spouse that is being interviewed to the N-400 interview. Does that make sense?


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Citizenship Complete!

USCIS is like a box of chocolates, you never know what kind of answer you are going to get!!!!

 

 

                                    

 

 

 

 


                                                             

 

 

 

 

 

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2 minutes ago, Sarge2155 said:

Perhaps it would have been better that the spouse went along to the N400 interview. The spouse should ALWAYS BRING the other spouse along with to the N400 interview and inform the IO that your spouse is there with you. My wife had an active ROC  which had not been adjudicated, we requested a combo interview (wrote a letter) and submitted it during the submission of the N400 documents. Never got an answer nor did USCIS say it was going to be a combo interview. I accompanied my wife anyway and told her to tell the IO that I was out in the parking lot. The IO interviewed her without me and approved both the I-751 and the N-400.  I guess its best to say that the spouse which is not being interviewed should ALWAYS accompany the spouse that is being interviewed to the N-400 interview. Does that make sense?

For the i-751, yes, absolutely. Just like the OP, your spouse had a combo interview as well. VERY important for the USC spouse to come along for that (even in the cases it turns out they're not "needed"). Whether the i-751 is a stand-alone interview, or it's combined with an N-400 interview doesn't matter - the USC spouse should always be there in those scenarios. 

K-1: 12-22-2015 - 09-07-2016

AP: 12-20-2016 - 04-07-2017

EAD: 01-18-2017 - 05-30-2017

AOS: 12-20-2016 - 07-26-2017

ROC: 04-22-2019 - 04-22-2020
Naturalization: 05-01-2020 - 03-16-2021

U.S. passport: 03-30-2021 - 05-08-2021

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https://www.youtube.com/watch?v=WBs3G1PvyfM&ab_channel=Sabaton

 

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1 hour ago, Liam2021 said:

USCIS will never denied a petition without sending RFE first. 

 

That is absolutely not true.. I have had three I-751 filings, three denials, and only one of them - the third - received an RFE.

I won't get into whether they legally should do or not (as we all know that many agents make this up on the spot), but the fact is that they do routinely deny stuff without an RFE, or a NOID, or an interview. 

 

 

 

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

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Filed: Citizen (apr) Country: Taiwan
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50 minutes ago, Renato D said:

She, with no doubt, would be here, if we knew about ROC inteview was going to be made...

Great answer.  I think that might be the key to getting USCIS to reschedule the I-751!!!  I would certainly try for a re-schedule as first option.  

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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4 hours ago, Crazy Cat said:

OK, I found the answer as to why the I-751 was denied.  The officer was acting strictly by the USCIS guidelines as stated below.  Note the highlighted areas.  I would check the options in the I-751 denial, then IMMEDIATELY appeal that you had a good cause for spouse not attending.  Then, hopefully, USCIS will re-schedule. 

 

Chapter 3 - Petition to Remove Conditions on Residence | USCIS

G. Interview

CPRs who file a Form I-751 must appear for an interview at a USCIS field office, unless USCIS waives the interview requirement.[42] USCIS officers may consider waiving the interview in cases where:

  • The officer considers they can make a decision on the petition based on the record because the record contains sufficient evidence about the bona fides of the marriage and that the marriage was not entered into for the purpose of evading the immigration laws of the United States;
  • There is sufficient evidence in the record of the CPR’s eligibility for waiver of the joint filing requirement, if applicable;
  • There is no indication of fraud or misrepresentation on the Form I-751, in the supporting documentation, or elsewhere in the record;
  • There are no complex facts or issues that require an interview or sworn statement to resolve questions or concerns; and
  • There are no criminal bars rendering the CPR removable.

When determining whether to waive an interview, the considerations listed above apply regardless of whether the Form I-751 is filed as a joint petition, individual filing request, or a waiver. For a joint petition, the statute requires USCIS to interview both the CPR and petitioning spouse.[43] If the CPR is filing an individual filing request or waiver, only the CPR must appear for the interview.[44]

If the required party or parties fail to appear for the interview, USCIS denies the Form I-751, terminates the CPR’s status, and initiates removal proceedings, unless the CPR establishes good cause for the failure to appear and USCIS reschedules the interview.[45] USCIS determines whether there is good cause on a case-by-case basis.

Key being “good reason.”    Being unaware that both parties must attend a joint ROC interview won’t fly.

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4 hours ago, Renato D said:

She, with no doubt, would be here, if we knew about ROC inteview was going to be made...

I guess they would wonder how you thought that an N-400 would be approved without removing conditions.

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17 hours ago, Crazy Cat said:

OK, I found the answer as to why the I-751 was denied.  The officer was acting strictly by the USCIS guidelines as stated below.  Note the highlighted areas.  I would check the options in the I-751 denial, then IMMEDIATELY appeal that you had a good cause for spouse not attending.  Then, hopefully, USCIS will re-schedule. 

 

Chapter 3 - Petition to Remove Conditions on Residence | USCIS

G. Interview

CPRs who file a Form I-751 must appear for an interview at a USCIS field office, unless USCIS waives the interview requirement.[42] USCIS officers may consider waiving the interview in cases where:

  • The officer considers they can make a decision on the petition based on the record because the record contains sufficient evidence about the bona fides of the marriage and that the marriage was not entered into for the purpose of evading the immigration laws of the United States;
  • There is sufficient evidence in the record of the CPR’s eligibility for waiver of the joint filing requirement, if applicable;
  • There is no indication of fraud or misrepresentation on the Form I-751, in the supporting documentation, or elsewhere in the record;
  • There are no complex facts or issues that require an interview or sworn statement to resolve questions or concerns; and
  • There are no criminal bars rendering the CPR removable.

When determining whether to waive an interview, the considerations listed above apply regardless of whether the Form I-751 is filed as a joint petition, individual filing request, or a waiver. For a joint petition, the statute requires USCIS to interview both the CPR and petitioning spouse.[43] If the CPR is filing an individual filing request or waiver, only the CPR must appear for the interview.[44]

If the required party or parties fail to appear for the interview, USCIS denies the Form I-751, terminates the CPR’s status, and initiates removal proceedings, unless the CPR establishes good cause for the failure to appear and USCIS reschedules the interview.[45] USCIS determines whether there is good cause on a case-by-case basis.

Man, that is being a real horse's rear.  I remember stories of others who had no notice of a joint interview (can't find the specific post), the spouse did not attend, and the IO and CPR called the spouse.

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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Filed: Citizen (apr) Country: Russia
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Is it worth having the OP file an I290B?  I know, probably lawyer territory, but could be done DIY.  Based on the fact that there was no notice of the I751 interview (based on my reading of the OP and responses), how can an I751 be denied simply because a spouse was not present at an unannounced interview.  I know, the overall VJ recommendation (which I agree with) is to have the USC accompany an LPR spouse to an N400 interview when an I751 is pending, but that is not always practical.  I know in our case, we were in the same boat in early 2018.  Now this was right when the processing of I751s were slowing to a crawl and we were just starting to hear about combo interviews.  I did go with my wife to her N400 interview, and the IO decided to do a short I751 interview (I got the feeling the IO would have still approved things even if I was not there, but of course that was just a feeling).  Back then there were other stories of spouses being called on the phone, or I751's simply being approved and it is all good as we all know USCIS is nothing if not inconsistent.

 

As to the OP, I found this and it does give options.  I am not terribly familiar with the I290B, but it appears an option.  I was just wondering if anyone think it is worth it.

 

https://www.hummelaw.com/2020/06/27/what-if-my-i-751-petition-to-remove-conditions-on-residence-is-denied/

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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