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Hello --- I had a few questions on understanding what happens after the N400 background check. Could someone please guide me?

Background

* My wife and I had filed together for N400 in early May (90 days prior to 5 year GC anniversary) and were fingerprinted in early June on the same day

* My wife's status has changed online to "Inline for interview" as of late last week while my status hasn't changed

* Our field office status online says 5 months

- Does the above mean that my background check is still in progress and that my wife's is complete?

- Is my understanding correct that an interview will be scheduled only after the background check results arrive AND none who filed earlier is still waiting? Or does the GC 5 year anniversary has to be completed as well?

- Could we end up with different interview dates for the two of us already, even if my fingerprinting results are obtained shortly?

Thanks!

Filed: Citizen (apr) Country: Egypt
Timeline
Posted

Hello --- I had a few questions on understanding what happens after the N400 background check. Could someone please guide me?

Background

* My wife and I had filed together for N400 in early May (90 days prior to 5 year GC anniversary) and were fingerprinted in early June on the same day

* My wife's status has changed online to "Inline for interview" as of late last week while my status hasn't changed

* Our field office status online says 5 months

- Does the above mean that my background check is still in progress and that my wife's is complete?

- Is my understanding correct that an interview will be scheduled only after the background check results arrive AND none who filed earlier is still waiting? Or does the GC 5 year anniversary has to be completed as well?

- Could we end up with different interview dates for the two of us already, even if my fingerprinting results are obtained shortly?

Thanks!

1) This means that your wife's background check is most probably done. In rare cases, applicants have been told at the interview that their background checks are still in progress.

2) In almost all cases applicants are not placed inline and interviews are not scheduled until the background check is done.

3) You could jump ahead of applicants who applied earlier than you at the same field office, but only if your background check is done and theirs is not. If all the background checks are done, they seem to go in order of priority date. There are probably exceptions to this, but not usually. However, if you haven't reached your anniversary date, you will probably wait longer.

4) Legally, you can be interviewed, but cannot become a citizen, before your 5 year anniversary. Most offices will not, however, schedule an interview before that date. This is office policy, not immigration law. Those offices that do schedule interviews before the anniversary date will usually hold off on a decision on your case until after the anniversary and then approve you and schedule an oath ceremony. Some offices are very strict about this; in Houston, applicants who are accidentally scheduled before the anniversary are sent home and asked to wait for a new interview letter.

5) Yes, your applications are unrelated, even applicants whose schedules line up exactly can end up with different interview dates. A couple in the December 2015 applicants group recently got interviews on a Friday and a Saturday (just one day apart).

For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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