N336 or I751? Denied N400 and I751 terminated!!

[Renato D 5]

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.

[Crazy Cat 41,770]

1 minute ago, Renato D said:

"where is your wife".

What was your response?

[Crazy Cat 41,770]

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 June 26 by Crazy Cat

[jackiegringa 419]

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 June 26 by jackiegringa

[Crazy Cat 41,770]

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.

Edited June 26 by Crazy Cat

[Renato D 5]

41 minutes ago, Crazy Cat said:

What was your response?

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

[Sarge2155 4,586]

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?

[Scandi 4,166]

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. 

[mindthegap 2,589]

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. 

 

 

 

[Crazy Cat 41,770]

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 June 26 by Crazy Cat

[SalishSea 17,791]

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.

[SalishSea 17,791]

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.

[Dashinka 24,466]

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.

[Dashinka 24,466]

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/

[Crazy Cat 41,770]

13 hours ago, SalishSea said:

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

The issues, as I see them, are that there were never any written USCIS instructions for the spouse to attend the N-400 interview, and there was never any notice that an I-751 interview was going to be conducted. It can be argued that this is an error on the part of USCIS.  Whether USCIS will admit that is another story.

 

Note:  I checked wife's N-400 interview letter.  It instructs the applicant what to bring if filing as a spouse of a US citizens, but it doesn't instruct the USC spouse to be there....at least I couldn't find it anywhere on the official notice.   In our case, the local office notified us 2 days prior to the N-400 interview (via an email) that I had to attend, and that we would have a combo interview.  

 

It appears, to me, that USCIS expected the OP to read between the lines.....to somehow know that an I-751 interview would be conducted.  I think that is grounds for a re-schedule.  But, as you said, it might not fly.

Edited June 27 by Crazy Cat