I-751 denied and n400 pending

[Das001 2]

I got my conditional green card in 2017. Applied i751 in 2019 - applied n400 on July 2021 and passed n400 interview in Jan 2022 with no decision at interview. Got i751 interview in oct 2022 without spouse. Spouse didn’t attend and i751 got denied in Feb 2023. But n400 decision is still pending. Submitted divorce (uploaded on n400 application online) divorce decree in November 2023. I didn’t submitted i751 divorce waiver yet. Keep getting i551 ADIT stamp every year. I don’t know what should I do ? My n400 is still pending no decision is made. Keep calling USCIS and same answer as usual case in progress. Didn’t receive any request for evidence from them. So my n400 decision is pending since January 20222. Any thoughts on it?

[Family 4,081]

4 minutes ago, Das001 said:

I got my conditional green card in 2017. Applied i751 in 2019 - applied n400 on July 2021 and passed n400 interview in Jan 2022 with no decision at interview. Got i751 interview in oct 2022 without spouse. Spouse didn’t attend and i751 got denied in Feb 2023. But n400 decision is still pending. Submitted divorce (uploaded on n400 application online) divorce decree in November 2023. I didn’t submitted i751 divorce waiver yet. Keep getting i551 ADIT stamp every year. I don’t know what should I do ? My n400 is still pending no decision is made. Keep calling USCIS and same answer as usual case in progress. Didn’t receive any request for evidence from them. So my n400 decision is pending since January 20222. Any thoughts on it?

You need to refile I-751 with divorce waiver TODAY. ..definitely before administration changes. 
‘Do cover letter requesting Good Cause Late Filing Exception.

 

An N-400 is not going to be approved unless/until ROC is approved. Since your I-751 denial was Feb 2023, I-751 is too stale to revive 

‘Your current N-400 was filed in 2021 under the 3 year rule and based on failed marriage . No matter you attempting to amend it post 2022 interview, this too is a dead horse.
 

Coming soon is a return to USCIS practice of automatic NTA for all denied applications as well as a likely purge of so called purgatory stuck cases. 
 

So best thing you can do is 

1. File I-751 ASAP . Request it be accepted late

 

2. As soon as you have a new case number for I-751 , prepare a New N-400 under 5 year rule . Include a signed letter requesting the 1st N-400 ( case #xyz ) be withdrawn 
 

Did you not consult any immigration attorneys during this time ? Or at least research on DIY forums as you are doing now?

[OldUser 7,035]

45 minutes ago, Family said:

2. As soon as you have a new case number for I-751 , prepare a New N-400 under 5 year rule . Include a signed letter requesting the 1st N-400 ( case #xyz ) be withdrawn 
 

I'd say applying for new N-400 is optional at this stage. It's far more important to remove conditions. Withdrawing pending N-400 is a good idea.

Edited 22 hours ago by OldUser

[Family 4,081]

1 hour ago, OldUser said:

I'd say applying for new N-400 is optional at this stage. It's far more important to remove conditions. Withdrawing pending N-400 is a good idea.

Ok, I ‘ll play😂. ..here’s my reasoning behind doing both, what is YOURS?

 

I-751 take longer to process, will definitely slow to a crawl again . N-400 will continue to be fast tracked…thanks to grassroots movement of a while back by volumes of DIYers who went against immigration attorneys advising’wait for ROC’ decision.

Most importantly, credit due to the Class Action Lawsuit to speed up N-400 a couple of years back. 

‘Strategy is to get as many eyes/hands on his file as possible, as soon as possible.

 

 

[OldUser 7,035]

15 minutes ago, Family said:

N-400 will continue to be fast tracked…

It was fast tracked because of elections year. Why would it be fast tracked now? I don't see next administration having urgency to naturalize people. Probably more checks in places in general too. 

How would class action apply to new cases? Thanks 

[Family 4,081]

17 minutes ago, OldUser said:

It was fast tracked because of elections year. Why would it be fast tracked now? I don't see next administration having urgency to naturalize people. Probably more checks in places in general too. 

How would class action apply to new cases? Thanks 

N-400 was always speedier…election year or not.

Class action and Lots of WOM action by those stuck in FBI name checks , salt caves , black holes  or certain countries on radar has made the opaque vetting delays more transparent, especially for N-400
Kudos to new grassroots WOM DIYErs.
Anytime there is possibility of judicial review, there’s light at end of the tunnel

 

 

[OldUser 7,035]

7 minutes ago, Family said:

N-400 was always speedier…election year or not.

 

But it depends on I-751 speed?

Technically, can't USCIS say that we'll sit on N-400 until I-751 is adjudicated, and by the way normal processing times for ROC is 44 months (just as an example).

 

It could make sense for a regular case, OP's history is messy with I-751 denial. I'd really focus on solving that and even filing WoM if it gets stuck VS trying to get new clean N-400 pulled into this mess.

Edited 19 hours ago by OldUser

[Das001 2]

I didn’t consult any lawyer since beginning. I did everything myself. I guess this is the time to find a lawyer and file i751 waiver with new n400 on 5 years rule. 

[Family 4,081]

1 hour ago, Das001 said:

I didn’t consult any lawyer since beginning. I did everything myself. I guess this is the time to find a lawyer and file i751 waiver with new n400 on 5 years rule. 

You are ok to DIY , if you have lots of joint life evidence , beyond what you sent in the first time. ..be it with legal representation or DIY, gathering and developing that evidence is your task, anyway.
So resubmit whatever you filed w the 1st time, add and update everything up until date of separation/divorce.

 

I would not delay filing I-751 quickly , with whatever evidence you have on hand . ..and send in additional evidence later. 

You can also take your time , look for a good attorney, without being rushed into selection. Crucial will be to bring an attorney with you to a future interview.

 

 

 

 
 

Edited 11 hours ago by Family