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da95826

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  • Posts

    760
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Profile Information

  • Gender
    Male
  • City
    Sacramento
  • State
    California

Immigration Info

  • Immigration Status
    Naturalization (approved)
  • Place benefits filed at
    National Benefits Center
  • Local Office
    Sacramento CA
  • Country
    Iran
  • Our Story
    Filed for i751 joint application 5/2020, Approved

    Fingerprints reused 10/2020, and 2/2021 and 6/2021 (Yes 3 notices)

    Case move to National Benefits Center 12/2020 for quicker processing from California Service Center



    Filed for Naturalization May 2021, Approved

    Fingerprints reused May 2021

    Combo i751/n400 interview at USCIS Office Sacramento

Immigration Timeline & Photos

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  1. Try to walk into the USCIS service center, take the bio appointment letter. There is a good chance they will take your bio data then.
  2. Yes, USCIS will issue an RFE for the divorce decree if you file the waiver case without one. Hopefully, you will have the decree in hand by the time you need to respond. Not sure of the timeline USCIS will ask for it so I would make sure the divorce is fast tacked. I751 cases are slow so hopefully it will some time before you get the RFE. Also, when you file the i751 waver you will need to provide good faith proof of the marriage for the time between the time you were married to the time of separation. So, you will need proof of cohabitation and commingling of finances. Joint lease, joint taxes, joint bills, photos, affidavits, joint bank statements, joint insurance and so on during the marriage when you were together.
  3. If you are still married when you filed, the waiver (filed for divorce but no decree yet issued) then it would be no.
  4. In our n400 case we submitted a service inquiry for the ROC being over processing time for the California Service Center, which it was. We got a response months later, shortly before the interview stating the i751 would be addressed at the n400 interview. The appointment letter only indicated the n400 interview nothing about the i751 interview, but when we arrived, USCIS officer had a combo l751/n400 interview ready for us. If your i751 is out of processing time a service inquiry may help as it did in our case, but the cover letter to notify USCIS of the pending i751 is the best you can do to make sure USCIS is ready to do a combo interview.
  5. No, you file the i765 with the AOS. The work permit allows you to work but also you will get a social security number and be able to get a driver's license in every state. The i131 AP application also does not require travel plans, you should file it also with the AOS package. If you have not filed either yet go ahead and file for each with a copy of the i485 receipt notice, currently the AOS fee paid includes cost of i765 and i131 applications.
  6. When did you get your original Green Card? Sometime in 2011?? This is critical info to know, check the start date on your green card, if it is dated before your second anniversary of your marriage then you got your 10 green card in error. It would be unusual for someone to get a 10-year green card when entering the US on a K1 visa and adjusting status, but it can happen in slow AOS cases. Since your green card expires in July, that implies you are good to go on naturalization, if you got married in 2010 or even early 2011 (before July 2011) your green card was issued July of 2013 then you do not need to remove conditions on your LPR.
  7. Yes, you need to wait, the requirement for an n400 is, be a LPR (green card holder) AND married to a US citizen AND be cohobating with US citizen spouse for all three years and meet the US residency, and good moral charter requirements.
  8. All that is good, but you should add more evidence that you are living with your spouse as one of the central requirements to file under the 3-year rule is cohabitation with your USA citizen spouse for all three years. So, include: Copies of both of your state ID with common address W2/1099 forms for each year during last 3 years plus from both of you -- should have your common home address -- Joint mortgage statements during year Property Tax bills in both names Copy of deed for your home (Should in closing docs) Monthly statement from joint bank accounts with deposit/joint bills paid Good luck
  9. Great news congratulations, glad you did not need to wait any longer.
  10. Most likely this summer, the AOS case was delayed 6 months due to the RFE. It can take 2 to 10 months to get an EAD. No one knows when you will get the EAD, anytime from tomorrow to the end of the year, maybe you will get a green card approved first, it happens sometimes.
  11. Yes, it is 100% okay to bring a lawyer with you. If you have any complications in your naturalization case like any criminal record, arrests, or complications in your marriage during the AOS/ROC cases, you should bring a lawyer. We did not bring a lawyer to our interview as we had a straightforward case, and if you have had no issue with your background to raise an issue with your good moral character then you can get by without a lawyer there. It never hurts to bring a lawyer, it's just expensive. In some cases, they are needed to protect your rights, but in most cases, they would just be there to reassure their clients. My understanding is most n400 applications do not have lawyers at the interview and get approved every day. Good luck
  12. You should check that your i130 is connected to the i485. Sometimes a standalone i130 is sent to the national visa center for overseas processing by the state department at your home county embassy. You have an EAD so your AOS is probably okay but check and make sure the approved i130 is in fact connected with the pending i485. How far apart in time did you file the i130 before the i485? You may need to file to renew the expiring EAD this summer. Good luck.
  13. Yes, you should mention the pending i751. However, you should assume you will have a combo i751/n400 interview. If your ROC is a joint application, then you should bring your spouse to the interview, along with additional updated good faith marriage proof. It is common for the USCIS field office not to indicate on the appointment letter that it will be a combo interview will happen. At our interview in Sacramento last May the invitation did not indicate a combo i751/n400 interview but in fact it was. So, you should expect that it is a combo interview. Sometime USCIS field office is not prepared to do the combo interview and will only do the n400, if so, your case will take longer to get approved as your n400 cannot be approved until the i751 case is approved. Bring what you are directed to bring in the n400 invitation. The original documents you use as evidence submitted with the n400 application like US birth certificate, naturalization certificates, wedding certificate, divorce decrees, latest tax transcripts... I would also bring current IDs for you and your spouse. With a n400 under the 3-year rule it is always good to being your spouse just for that interview. But with a possible i751 interview it is 100% required to bring the spouse or your i751 & n400 cases may be denied.
  14. Do you have a conditional green card? If you don't have your conditional green card, how do you know your i130 was approved? Did you have an i130 interview? It is unusual for an i130 to be approved separately from the i485, is that the case here? Did you file the i130 and the i485 separately? Your case seems to have some inconsistencies which may indicate problems with your case. If you got a conditional green card after your adjustment of status was approved, then you are LPR not on an EAD. As legal permanent resident then withdrawing the F1 was okay because green card holders can go university and work. However, if in fact you are on an EAD and not a green card and still have the AOS still pending then withdrawing the F1 was likely not a good idea. Not sure you can be admitted to school on a work permit only. Also, if your AOS is not approved then you have no backup to allow you to stay in the USA and no status to work or go to school. Most AOS cases sent to NBC are heading to the field office for an interview. Some AOS cases interviews are waived but it is unlikely. No way would a congressional office know whether or not the case would be sent to field office for an interview.
  15. You can file for adjustment status, you will need to wait until you get a work permit (3 to 9+ months to get), and advance parole for travel outside the USA to be readmitted to US and to keep the AOS alive, if you leave the USA without AP you will abandon the i485 (AP are taking 4 to 10 months), green cards are taking 12 to 18 months. So, when you file the i130, i131, i765, i131, and i864 (the adjustment of status application) you need to wait to get permission to work and travel out of the USA before you can do either and will need to wait to get a USA divers license until you get the work permit. USCIS has speeded up some applications post COVID backlogs. A few new AOS filers getting work authorization a relative quick 60 days or so after filing but you can't count on that. Consular processing: If you file an i130 only you will need to leave the US and get a visa from your local US consulate in your home county to return to the USA and get a green card on arrival, most likely 18 months or so after filing. Please note, if you overstay your current visa, you could get a bar to entering the USA which will complicate this option.
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