MohU3
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MohU3 reacted to mindthegap in Can I file second N400 now? Please help me understand.
Yes.
No. The letter states your status is terminated, but this is not factually and legally correct.
No.
You were not.
Your LPR status is not terminated until a final order of removal by an immigration judge, despite what the letter says.
Your lawyer is correct (unlike SO MANY 'lawyers' who are not).
You have filed a new I-751, which is the important thing to do. Since the N-400 CANNOT be approved without the I-751 being first approved, when your second i-751 is approved there will be no gap in status or broken continuity for naturalization purposes. There is case law and legalese showing this (I have it buried somewhere)
Your I-751 was denied because you did not provide the divorce decree. This is correct.
The N-400 was denied because you were no longer eligible under the three year rule because you were no longer living in marital union to the petitioning US citizen spouse - this is correct.
You are now eligible under the five year rule (you also could have used the 90 day early filing window for this).
You will have to do biometrics (again!) and at some point you will have a combination interview for the N-400 and I-751. They won't adjudicate the I-751 without it, as it becomes linked to it. Hopefully you aren't waiting as long as I have been....
😘
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MohU3 reacted to Just Paul in what should i do for N-400 interview after Green card arrival
Click on case assistance.
https://www.dhs.gov/topic/cis-ombudsman
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MohU3 got a reaction from Studentss in what should i do for N-400 interview after Green card arrival
I had the same situation. The same day my 751 was approved they also scheduled me for the N400 interview. They don't need to put you back in line they squeeze you in I think
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MohU3 reacted to N400NYC in Register to vote while waiting for oath ceremony
I'm not a lawyer, but you aren't a citizen until you take the oath. That should answer the question!
Register to vote only AFTER you are officially a US citizen.
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MohU3 reacted to mindthegap in I-751 - Petition to Remove Conditions on Residence
I wouldn't listen to your lawyer about not attending.....did he get his law degree free in a cereal box?
So you did notify USCIS of the divorce as required after it happened and before approval.....just in a very backwards and weird way - so this now needs proper attention.
Just not showing up could end up in a world of hurt and hassle to sort out.
Attend the interview, explain it clearly in person. This is a FAR better option than attempting to do it via mail or an infopass - at interview you will be directly in front of someone who will actually have the power to do things or correct things, and tend to be more clued up. It is presumably a couple of hours out of your life - better than the alternative of months or years trying to get it sorted after they issue a denial for the no-show.
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MohU3 reacted to igoyougoduke in Moved to another state after becoming a US citizen
dont worry NSA has your address. just kidding.
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MohU3 reacted to Chev9 in 4+ year i-751 finally approved today. I'm so relieved.
Long, long time lurker here. I filed my 751 originally in 2016.
It's been a long ride, my 751 status didn't update from case recieved in 2016 to transferred to office in 2018. .
As I watched fellow filers get interview notices within a year, and acceptance I recieved no notification. I tried my best to be patient and not stress, but that is very hard.
I was married for almost 5 years, but my marriage collapsed before I recieved an interview notice, so ultimately switched to a divorce waiver.
There's been over 10 service request enquiring why my case was taking so long, and to expedite my case, with no joy until this month.
I filed my N-400 based on 5 years last year with my 751 pending and I got both 751 and 400 interview letters the same week (751 today, 400 next week).
I was approved today, I am relieved beyond belief. Only you fellow immigrants know the stress we go through when we have to attend an interview that decides wether we get to keep our lives.
One day I may write up the exact details of what happened with my case, but it will be very long.. and maybe boring to most of you.
At the end of the day, when I was most stressed I had to remind myself 'have faith in the process'. That's honestly the best advice I can give you from my experience.
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MohU3 got a reaction from N400NYC in N-400 March 2019 Filers
My interview is scheduled for March 6th 2020 at the Philadelphia office at 10:40 am
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MohU3 reacted to mindthegap in PLEASE HELP I751/N400 MESS
Put bluntly, none of this matters.
You could be a toothless crackhead with a credit score of 2 living in the back of dodge day van with a blown engine and it still shouldn't affect your I-751, or your N-400 eligibility.
Also, less is more. If they don't ask for something, don't volunteer it.
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MohU3 got a reaction from ascazubi in I-751 Combo Interview
If the 751 was transferred to NBC, pretty much you WILL have a combo interview
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MohU3 reacted to mindthegap in N-400 interview was not taken because I-751 is pending
Shouldn't be an issue...should be in the same A# file, and each I-751 is reviewed and adjudicated on its merits.
Besides, lack of evidence was not the issue or the reason for denial with the first one!
Ombudsman were zero help - told me to speak to a lawyer - and senator, no reply.
Should have entire contents of my A# file in a few weeks when my FOIA is completed (it helpfully gives you an estimated completion date in the request portal once filed) and once I have reviewed that I am thinking maybe writ of mamandus time... this has gone on long enough now, given the first I-751 was filed a few months shy of five years ago now....
Anyway, wasn't trying to hijack the OPs thread.
Not much you can really do - if you call or write request a new date, you will get the standard 'in line for rescheduling, cannot give you a date for this' pro-forma response or a variation of it. You can't speed up the I-751 and can't file for outside of processing time until it is.
It is stupid as they are supposed to be adjudicated together, and a pending I-751 is not a reason for cancelling an N-400 interview, which can proceed and be approved in principal but just not be formally approved until the underlying I-751 is. They are supposed to be combined, and this standard procedure happens all the time . I would possibly hazard a guess that being from Pakistan may have left you subject to additional scrutiny & delays and they are giving you lame excuses 101 as is standard for USCIS , but that is only a guess....
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MohU3 got a reaction from Ben & Katy in Advantages / Disadvantages of becoming a US Citizen.
As a citizen, there's no limit of staying outside the US Vs. GC holder you can't stay outside the US for more than 6 months unless you have a re-entry permit. US citizens have guaranteed admission at the borders. That's one advantage.
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MohU3 got a reaction from OhWait in interview descheduled by uscis
Well, I had my first 751 filed in 2015 and was adjudicated in 2019. It's just ridiculous. The late was from them not me and then all the sudden I'm not eligible because while I was waiting because of them not me my eligibility changed
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MohU3 got a reaction from OhWait in interview descheduled by uscis
Mine had the same. It just said that due to unforeseen circumustances the interview was cancelled. I waited 3 years for another one. I don't wish what happened to me to happen to you. Good luck
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MohU3 reacted to Liam2021 in Can I still work if I751 gets denied? (merged)
You should file for a divorce now and switch to divorce waiver interview. As above, your N400 will be clearly denied since you're no longer qualify under 3-years rules.
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MohU3 reacted to Nitas_man in Need help, please. I-751 was approved but failed to inform USCIS.
A waiver for what? The purpose of a waiver is for an applicant to waive the requirement to file jointly. Both parties filed jointly, acknowledged (and proved) jointly that the marriage was entered into in good faith, and at the time of application were married.
Where do the rules require a waiver unless the beneficiary/applicant needs one?
The reason that it is not there is that it is not required (unless) the applicant needs to waive the joint filing requirement.
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MohU3 reacted to Mollie09 in Need help, please. I-751 was approved but failed to inform USCIS.
In my mind, the purpose of the I-751 is to verify that you didn't enter into the marriage for immigration purposes, so if you proved that with the evidence you submitted there's no fraud in not notifying USCIS of your divorce. If you had been required to interview, you would have to switch to a divorce waiver because it would mean the evidence you submitted wasn't enough to approve outright, but if that's not the case I really don't think it's a big deal you didn't report the divorce, the petition was approvable.
ETA: Yes, ideally you would have notified USCIS, but there's no point crying over spilled milk now. I doubt you'll get nailed for "fraud" or anything because of this.
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MohU3 reacted to Fluffy_cat in Will living in a different state affect my Naturalization process?
Thank you for your response. I am aware of the requirements, I don’t have issues or questions regarding it because I am eligible based on marriage. I am 3 year LRP and married for 3 years.
It was just this situation with a school because I got accepted recently. I was wondering if people had similar experience. I have a hard time finding information about such experience. So, I think I will just apply and see what happens. I think they will understand that sometimes people leave to study in another state.
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MohU3 reacted to spring333 in N 400 pending 3 years
My case is still under "normal processing time" which is 19 mntsh for Chicago now. So I cant send inquiry. I am working with congressmen to send inquiry.
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MohU3 reacted to Cryssiekins in i 751 pending and separated
If you’re headed for divorce, you should wait because you won’t qualify for another 2 years if you’re not married. I realize you “may” reconcile, but if you don’t, it’s wasted $$ on the filing.
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MohU3 got a reaction from OhWait in Infopass appointments no longer available?
Don't even bother with the walk-ins specially in the Philly office. They want you to call in and verify that you really need the stamp and your status will expire within 30 days not more then they will schedule you over the phone. No more online appointments
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MohU3 reacted to chars in N400 APRIL 2019 FILERS
N400 Interview Experience at Philadelphia USCIS' Field Office October 9, 2019 @ 10am
So my situation is not strange to every original filer on this group. I had earlier on intended to withdraw my N400 application at the interview due to bitter marriage confusion that I thought would've led to an immediate divorce. Well, two (2) days before my interview, I made the decision not to withdraw based on advise from people like you, immediate relatives, and two (2) lawyers.
had my interview in Philadelphia today (filed late March, 3 years rule).
I arrived 3 hours early before my interview to avoid any unforeseen circumstances. I played it rather safe than sorry because of traffic, mechanical breakdown, traffic stop, etc. I didn't check in until it was time. Check in was super easy and then the wait started. There are three doors out of which the officers will come and call your number. Mine was number 1. The receptionist will let you know which door or/section is yours when you checked in. Please be informed that even though you arrived early, they will not call you in until it's your time.
I waited for about 20 minutes after I checked in before my number was called. The officer, an African American woman in her 50s came out, called my name and walked me through the door that leads to her office.
NOTE: I took every single document related to my immigration history. Always play it safe.
She placed me under oath, and then requested my diver's license, green card, and passport. She took my picture and my fingerprints.
First up was the test.
My six questions were:
1. Who is the father of our country?
2. If the President can no longer serve, who becomes President?
3. Name one branch of the government?
4. There are how many justices on the supreme Court?
5. Who veto bills?
6. We vote US senator for how many years?
The 'read' sentence was ' Who was the first president of the United States?'
The 'write' sentence was ' Washington was our first president.
Then we went through the application, asked me to state my full name, date of birth, whether I'm working, my wife's name, and she made some corrections for me (for example I put in that my wife was married '1' time, which obviously she was married before. It should've been 2 times and not 1. (This was honest misunderstanding of that question) She also asked me for the full name of wife's prior spouse, if we have any kids. She asked me whether my traffic citation was paid. She asked if I'm still married and living with my spouse. She didn't ask me when I became permanent resident, what date I got married, what date I started work or how long I been there. She didn't ask me for any dates on my application with the exception of my date of birth.
NOTE: I memorized all the dates on my application.
She then went to the 'YES' and 'NO' questions and asked every single question. As others have said, they go through all questions again.
At the end I had to sign for the changes she made and then sign for the oath.
For some reason, she couldn't find my tax returns' documents, marriage certificate, divorce decree, and our son's birth certificate on her system. I told her I did upload all of them, but she insisted she can't find it. I kindly ask her to check to (Upload additional evidence tab)... and yes behold it was right there. I took deep breath of relieve. She looked at the supporting documents I had uploaded. She didn't ask for any of the originals that I brought (wife's's passport or naturalization cert or anything).
Then she took the piece of paper with the boxes and marked 'passed civic and history and recommending my application for approval'.
My officer was super really really nice, friendly, professional, and interactive. She made me feel at ease; even though I was 10% nervous and 90% anxious which is normal for this process. We talked about the weather, how she was feeling hungry and planned on going for lunch right after her next interview.
FUN FACT:
The officer who interviewed me for my N400 is the best friend to the lady who interviewed us during our Adjustment of Status interview but has since retired.
What were my tips.
1. I maintained eye contact and smile throughout the interview
2. I was truthful
3. I only answered questions that were asked (I didn't volunteer answers or talk too much)
4. I prepared very well ( studied the civics and history and memorized all the answers.
5. I reviewed my N400 application and knew my responses
Each case is unique and different. Don't read too much into people's negative interview experiences and conclude that yours will be the same as theirs. Be yourself, be positive, keep the 'WHY IF' out of your mind. Be respectful, professional, truthful and honest. Sometimes the little things that we intend to hide doesn't matter or wouldn't affect USCIS' decision about your case.
However, this journey is not over yet but my anxiety has dropped to 10%. Good luck to everyone and be blessed.
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MohU3 reacted to DrKa in N-400 Jan 2019 Filers
My wife and I are finally US citizens :)
Here is a snapshot of our timeline:
- Application date: 15-JAN-2019 (based on > 5 years US permanent residency); online application, IOE#
- Field office: Philadelphia, PA
- Receipt notice sent: 16-JAN-2019
- Biometrics appointment scheduled: 19-JAN-2019
- Biometrics completed: 07-FEB-2019
- Interview scheduled notice: 21-JUN-2019
- Interview completed: 08-AUG-2019 (requested Oath ceremony after 05-SEP due to travel)
- Oath ceremony scheduled notice: 06-SEP-2019
- Oath completed: 16-SEP-2019
Everything went pretty well. We had to delay an international travel to be present for our Naturalization interview. The interview was pretty easy; we prepared for the civis questions, and watched a few youtube videos showing interview experience. During the interview, the officer was really happy with the fact that we attached all our tax transcripts at the time of filing and also appreciated that I disclosed my traffic ticket citations (even though he conceded that not everyone does so). We requested our oath dates to be set together, and also requested a date after 05-SEP due to travel. My IO kindly accomodated our requests and got in touch with my wife's IO to make a note.
There was a minor hiccup in the last week. I had received an email on 06-SEP indicating that action was taken (oath ceremony scheduled), but I was unable to login to myUSCIS account due to a computer error (ERR_TOO_MANY_REDIRECTS) for 4 days. So I was unable to see my oath ceremony date. I called the 1-800 number to inquire and was told that I was originally scheduled for 16-SEP, but subsequently de-scheduled (even though my wife remained scheduled for 16-SEP)! A day later, myUSCIS login worked again. I kept checking if a de-schedule notice was issued - but never saw one. We also received our physical oath letters on Friday, for the Monday ceremony! I decided to show up at the ceremony anyway not knowing if it was de-scheduled or not. Thankfully, my name was on the list today and we both got our Naturalization certificates. So not sure what this 1-800 support person (Level 1 officer) saw, and why she thought that my ceremony was de-scheduled!!
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MohU3 reacted to mindthegap in What should I filled I-751 or a new I-130? I-751 is almost 3 years late
None at the hearing if you have a pending I-751.
No. A final order of removal cannot legally be made with a pending I-751, and the judge cannot influence or direct a decision on that.
USCIS must adjudicate it without prejudice, although a review of it and the decision may well be expedited.
I-751s are adjudicated on the evidence of bona-fide-ness provided.
Filing late is not a reason for denial
Try not to worry too much - although this is unfortunately and undoubtedly going to get a little more stressful for you with hearings and what not, you have rights as a LPR.
Just get that I-751 in as soon as possible, and then once you have a receipt number, go to an infopass for a stamp as proof of that status so you have something to provide should you need it.
For a court appearance you may want to strongly consider having a lawyer there.
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MohU3 got a reaction from weiwei1902 in N400 APRIL 2019 FILERS
I think they'll be understandable about the moving a lot due to military service and I don't think it will be a problem if he didn't fly back for the interview due to military. They have a lot of understanding and respect for the people who are serving the country. That's my personal opinion not a professional one