filing N 400 while awaiting ROC interview results

[wakwanza 0]

we filed for ROC and were called for interview. Interview wasnt too good imo, was a stokes interview and IO said we'll receive something in the mail for RFE or next steps -- it'll be a week next monday. i've posted on topic in a diff forum but highlights are husband was arrested during 2nd year of marriage on drug related charges. I always made more than him, and we worked in diff cities but were in process of relocating until he got arrested. line of questioning from IO was driving towards suspicion about the income difference etc. I'm eligible to apply for citizenship in a month. My question is, have you seen any cases similar to this and what are thoughts on filing for citizenship if we dont hear back from IO in next month? should i just wait it out for them to conduct whatever investigation/'research' theyre doing or should i keep moving with next filing steps? what is worst case scenario and should i hire a lawyer? I'll be glad to provide additional info if needed.

[JimmyHou 610]

we filed for ROC and were called for interview. Interview wasnt too good imo, was a stokes interview and IO said we'll receive something in the mail for RFE or next steps -- it'll be a week next monday. i've posted on topic in a diff forum but highlights are husband was arrested during 2nd year of marriage on drug related charges. I always made more than him, and we worked in diff cities but were in process of relocating until he got arrested. line of questioning from IO was driving towards suspicion about the income difference etc. I'm eligible to apply for citizenship in a month. My question is, have you seen any cases similar to this and what are thoughts on filing for citizenship if we dont hear back from IO in next month? should i just wait it out for them to conduct whatever investigation/'research' theyre doing or should i keep moving with next filing steps? what is worst case scenario and should i hire a lawyer? I'll be glad to provide additional info if needed.

People do occasionally file their N400 applications while the I751 is still pending. In those cases, if the interview is successful, they will approve the ROC first, then approve the N400. In many cases, during the N400 interview, they will look into your marriage again. Actually, even if you waited two more years and didn't apply based on marriage, they could still look into how you got your green card. In your case, it'd say there's a very good chance that they'll dig into all this again

This part is just opinion: You said your husband was arrested but I don't know if he is currently incarcerated. if you guys have been reunited and have been living together, then expect a tough interview, but an eventual positive outcome. If you are not living together at this time, you might want to consider putting off your application until you have some more evidence of a legitimate marriage. Remember that under the 5 year rule, they may be interested in seeing that you got your green card through a legitimate marriage but that under the 3 year rule they will also want to see that you are currently living in a legitimate marriage.

Unfortunately this isn't a black and white issue; yours is not a straight-forward N400 application, and a pending I751, won't make things easier.

[wakwanza 0]

thanks a lot JimmyHou. this is very helpful. He was released in December but has been remanded to a transitional home until June. So we're still not living together. so i guess i'll keep gathering evidence. I've provided Deed of trust showing home ownership with both our names, joint bank statments, 2 year tax returns, credit card statements, life insurance, car insurance, letters from him in prison, phone calls, joint utility bills, mail coming to both of us, pictures. What else do you think i should prepare? I appreciate your input. I see you're in Houston. I went to the Houston office as well.

[S_R 148]

It May take time but I don't see you being denied. You can definitely go ahead and file for citizenship.That will force them to adjudicate your I751 also.

Edited March 14, 2015 by S_R

[wakwanza 0]

Thanks a lot S_R. That's a bit reassuring. As you can imagine, i'm going through multiple scenarios in my mind.