Should I withdraw my n400 or wait for a notice?

[Prettyinpink 1]

Hope you guys are all having a good day. I need some advice on my n400 application.

 

so, I applied 90 days early my n400 under 3 years marriage. I went to my interview and I was told that my case was denied because the 90 days early didn’t apply to me and i had to wait 3 years. However, they also told me that at that time of the interview it was over 3 years so I should reapply as soon as I am ready.

 

so I reapplied my n400, but I have not heard from my old case. Online status is still “interview was scheduled.” As of now I am waiting for an interview to be scheduled for my new n400.
 

so should I withdraw my old application or just leave it as is.

 

good luck everybody with your N400 and happy holiday season to all.

 

Respectfully,

[Liam2021 582]

8 minutes ago, Prettyinpink said:

my case was denied because the 90 days early didn’t apply to me and i had to wait 3 years

Something not right in here. You can apply 90 days early before meeting the 3 years.

[Prettyinpink 1]

I am putting down more info.
 

So 6-7 months before I got married to a U.S. citizen, I already established my green card through work. So when I filed my n400 it was 90 days prior 3 year anniversary and at that time my green card was 3 years 7 month old.

[Liam2021 582]

7 minutes ago, Prettyinpink said:

I already established my green card through work

This is your issue. You getting green card through work, so it will be 5 years, not 3.

Edited October 16 by Liam2021

[OldUser 6,591]

1 hour ago, Liam2021 said:

This is your issue. You getting green card through work, so it will be 5 years, not 3.

No it's not. If OP is married to US citizen they can apply for N-400 regardless on how they got GC. As long as they've been married to US citizen for 3 years and were a LPR for 3 years, they can do it.

 

OP's mistake was applying 90 days based on LPR status, when they should have factored in later marriage to US citizen and calculate 3 years from that point.

[OldUser 6,591]

To OP: I wouldn't worry about old petition. I guess you got denial letter for that case? If yes, online status is irrelevant and is often out of date.

[Prettyinpink 1]

26 minutes ago, OldUser said:

To OP: I wouldn't worry about old petition. I guess you got denial letter for that case? If yes, online status is irrelevant and is often out of date.

Thanks for the reply! Unfortunately, I have not received the denial letter yet. Should I go ahead send out a withdraw letter to the local field office?

[Family 3,988]

5 minutes ago, Prettyinpink said:

I am putting down more info.
 

So 6-7 months before I got married to a U.S. citizen, I already established my green card through work. So when I filed my n400 it was 90 days prior 3 year anniversary and at that time my green card was 3 years 7 month old.

You will be ok on this next interview as you now meet the 3 years ‘ marital union ‘ prong as well as the 3 year LPR . They were correct in denial of 1st app. 
 

It won’t make a difference if you withdraw , but correspondence may get eyes on your file and nudge the new one along. Quote the officers denial grounds as told to you at interview, as reason for withdrawing 

[Family 3,988]

19 minutes ago, Prettyinpink said:

Thanks for the reply! Unfortunately, I have not received the denial letter yet. Should I go ahead send out a withdraw letter to the local field office?

Yes, same assess as was on your interview letter 

[Prettyinpink 1]

Thanks all for replies! Wish you guys all good luck with your petitions.