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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.

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.

If you are still married when you filed, the waiver (filed for divorce but no decree yet issued) then it would be no.

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.

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.

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.

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.

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

Great news congratulations, glad you did not need to wait any longer.

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.

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

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.

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.

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.

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.

Yes, you wait for a combo i751/n400 interview, hopefully. It is normal to send ROC case to NBC when you file the n400 to get ready to send your i751 case to the local field office. If all goes well both the i751 and n400 cases will be at the field office together for a combo interview in 6 months to a year. Good luck

You are getting bad information from people who you don't know. A minor under 18 will become a citizen the moment they meet all the conditions to become a US citizen by law. So, the moment they --- Child has LPR status, has a green card Under 18 years old In the care and custody of a US citizen parent (must live with US citizen parent) Child and parent resides is in the USA The minor child is a bio child or adopted child of the US citizen parent At least one legal parent become a US citizen So the moment when a qualified minor meets all the requirements above, they become a US citizen by law automatically, that would be the date they became a US citizen.

I wonder if USCIS takes a cursory look at the circumstances of the parent's naturalization and if they suspect that they did not meet all the qualifying requirements for citizenship by law for their children at the time i.e. minors living in the care and custody of US citizen parent, did the minor have LPR status at the time, or the minor being too old, they require the certificate of citizenship to force proof of citizenship. They should be constant on the requirements for proof of citizenship for the sponsoring US citizen spouse.

Did your wife get a certificate of citizenship when becoming a citizen? If not, you may not be able to file under the 3-year rule because many USCIS agents require it during the n400 for a spouse under the 3-year rule. You should check with your mother-in-law that your wife has a certificate of citizenship (filed an n600 for her back in 1996) and if so, provide a copy of it for your n400 application, it is a required document. You should not file under the 3-year rule without 1st knowing she has her certificate of citizenship and providing a copy of it in the application. If she does not have her certificate of citizenship you may wish to wait and file under the 5-year rule.

I have heard reports of this happening on immigration call in shows, probably Hacking's but could have seen it here as well, I can't site a specific case. I'm not sure if it is a hard rule/law or more likely a policy USCIS is using when reviewing the statutory period when assessing n400 eligibility, in any case I would recommend they simply delay their n400 application to avoid the possible issue in the future.

It should be okay if she returns within 6 months, and before her visa stamp runs out. It may be an issue down the road when applying for citizenship. USCIS may not count her LPR start date until she comes and stays in the USA for more than a few days. So, I would have her wait until 3 or 5 years after she started staying in the USA for more than a couple of months to apply for naturalization.

Is your AOS case marriage based? If you are already working for them, do you already have work authorization? If so, why would that authorization end? If your work authorization ended, when did it end or when will it end? If you had work authorization that had a scheduled end date, then USCIS could go with the opinion that that is what you and your employer signed up for, it was not an unexpected event. If you are currently working without authorization not sure you want to highlight that with an expedite request. If you were on F1 OPT, a J1 or other non-immigrate visa that ran out or is running out then I guess you can go ahead and request an expedite for the EAD. But pointing out a desperate need for a work authorization and ultimately the desperate need for the green card may undermine your case of getting a green card for a good faith marriage. You should consider carefully what you submit, it may have the opposite effect as you intend in your case. Also, a number EADs are coming much more quickly in recently filed AOS cases. You may get an EAD in a couple of months with a strong AOS application.

Yes, he should consult a competent immigration attorney, drug offenses often have negative consequences on immigration cases. If he has the option, he may want to sue USCIS for his naturalization, or maybe if he is not eligible for naturalization, he may want to withdraw his case n400. No one with criminal history should apply for naturalization without the help of a good immigration lawyer.

It is unusual for an n400 decision not to be made in a year. They can make case inquiries with USCIS as USCIS has 120 days to make a decision on the n400 case after an interview, so USCIS is way beyond their own standards to make a decision within 120 after a n400 interview. They may wish to consult with an immigration attorney to check out his options to take USCIS to court. They could sue for the delay in deciding the case (Mandamus action) or possibly get a judge to review the case and issue them citizenship. Consulting an immigration attorney about any possible issues with their n400 case would be a good idea also; going over any criminal issues, good faith marriage, or time outside of the US during statutory period issues they may have. Given the delay in the n400 case I would be concerned that USCIS is considering denying the case. The question is where they qualified for naturalization when they filed? Possible issues: Being out of the USA too long or too much Any criminal history If marriage case, was there issue with marriage during green card process.

If she files her n400 under the 5-year rule she does not need to show she lives with her spouse. Separate set tax transcripts filed married filing separately should be okay. She will need to bring her marriage certificate because the certificate of naturalization indicates your marital status at the time issued. USCIS will want to confirm her marital status.