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Basbosa

Waiting for ROC approval...can we also submit N400?

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Filed: IR-1/CR-1 Visa Country: Egypt
Timeline

Dear all, 

wanted to get some feedback about possibly applying for citizenship while we wait to get the approval for our 10 yr green card. So, my husband entered the US in May 2014, and we have applied to remove the conditions on his residency in Feb 2016 (in the 90 days window before his 2yr GC expired). As of now, we haven't gotten a decision, and I checked on the USCIS website, and the delay is typical. 

 

We are now considering filing for citizenship based on our marriage. My question is: do we have to wait until May 2017 (when he would have been in the US for three years), or can we submit our application in Feb 2017 (within 90 days window like we did when we filed for ROC)? Also, would the N400 adversely affect our ROC petition, since we haven't officially received a decision about it yet? 

 

Thanks for for all of your help! 

 

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You can file the N-400 in the 90 day window of your three year anniversary of becoming a PR.

N-400 will force the adjudication of your ROC if still no action at that time.

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

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14 minutes ago, mindthegap said:

You can file the N-400 in the 90 day window of your three year anniversary of becoming a PR.

N-400 will force the adjudication of your ROC if still no action at that time.

I had no idea that you can file for citizenship within the 90 day window. I always assumed you have to actually surpass the 3 year mark. Good to know!

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4 hours ago, jeffkadrliktorr said:

I had no idea that you can file for citizenship within the 90 day window. I always assumed you have to actually surpass the 3 year mark. Good to know!

Me too! I had no idea. We have to research on this more!

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I have a similar question: what if your case is about to be approved - it's just a matter of a few days, maybe some supervisor to look over it, etc. - when you file the N-400?  Does that "freeze" the approval of your ROC and you never get the 10-year card but instead they wait to approve at the same time as your naturalization interview (e.g. 7-8 months after they would have normally approved it)?  

 

We're trying to decide if maybe we should wait for the 10-year card instead of filing this week (when my wife is eligible) just to play it safe in terms of being able to renew driver's license, travel, etc.

 

Any insight into this would be greatly appreciated!  Thank you!

AOS Journey

01/14/14 (Day 0) - sent AOS + I-130 + I-765

01/17/14 (Day 3) - package received by USCIS (USPS tracking)

01/27/14 (Day 12) - NOA x 3 in the mail

01/30/14 (Day 15) - biometrics appointment letter in the mail

01/30/14 (Day 15) - walk in biometrics Alexandria, VA

01/30/14 (Day 15) - online notification that RFE was issued

02/05/14 (Day 21) - RFE for I-864 in the mail (more evidence for petitioner income)

02/14/14 (Day 30) - sent response to RFE

02/20/14 (Day 36) - online status changed to response to RFE review

03/03/14 (Day 47) - online notification that another RFE was issued

03/07/14 (Day 51) - RFE for I-485 in the mail (copy of marriage certificate; initially we submitted certified copy)

03/07/14 (Day 51) - Sent response to RFE

03/11/14 (Day 55) - Online status changed to response to RFE review

03/20/14 (Day 64) - EAD card delivered

03/28/14 (Day 72) - Online notification that interview is scheduled for 05/05/2014

03/31/14 (Day 75) - Hard copy of interview notice in the mail

05/05/14 (Day 110) - Interview

05/13/14 (Day 118) - GC delivered

ROC Journey

02/05/16 (Day 0) - sent ROC package to VSC

02/08/16 (Day 3) - VSC received package (USPS tracking)

02/11/16 (Day 6) - VSC cashed check

02/13/16 (Day 8) - NOA1 delivered (dated 02/09/16)

02/25/16 (Day 20) - Biometrics letter delivered (dated 02/20/16)

02/18/17 - Approved

N-400 Journey

02/15/17 - sent N-400 package to NSC

02/17/17 - NOA date

02/25/17 - Biometrics letter delivered for 3/10/17

02/28/17 - Biometrics walk-in

03/23/17 - In line for interview

06/07/17 - Interview letter arrived in mail

06/21/17 - Interview

07/23/17 - Oath ceremony

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Filed: K-1 Visa Country: Russia
Timeline
24 minutes ago, nmic7 said:

I have a similar question: what if your case is about to be approved - it's just a matter of a few days, maybe some supervisor to look over it, etc. - when you file the N-400?  Does that "freeze" the approval of your ROC and you never get the 10-year card but instead they wait to approve at the same time as your naturalization interview (e.g. 7-8 months after they would have normally approved it)?  

 

We're trying to decide if maybe we should wait for the 10-year card instead of filing this week (when my wife is eligible) just to play it safe in terms of being able to renew driver's license, travel, etc.

 

Any insight into this would be greatly appreciated!  Thank you!

Wondering about the same. 

 

 

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Filed: Citizen (apr) Country: Australia
Timeline

I think this is what happens:

 

When your ROC has not been adjudicated yet, and your file your N-400, then the ROC has to be finalized before the N-400 can be adjudicated.  I'm pretty sure the N-400s are sent to your local ASC for processing because that is where you will take the test, and be interviewed for citizenship.

 

What I DON'T know, is whether USCIS bundles your I-751 AND your N-400 paperwork together and sends BOTH of them off to your local ASC for a decision, or whether it means your I-751 is pulled out of the pile at USCIS and dealt with sooner.  As you know, some people get 10-year Green Cards without having to go through an interview.  But if you ARE scheduled for an I-751 interview, then it is at your local ASC.

 

Some people say wait.  Some people say send in the N-400 as soon as possible.  If you had to file at VSC, then you are already waiting about 14 months for your 10-year Green Card.  If it were me, I'd get that N-400 in ASAP and force them to deal.

 

Sukie in NY

Spoiler

 

Spoiler

Our Prior Journey

N-400 Naturalization

18-Feb-2018 - submitted N-400 online, credit card charged

18-Feb-2018 - NOA1

12-Mar-2018 - Biometrics 

18-June-2018 - Notice of interview received

26-July-2018 - Interview  - APPROVED!!!

26-July-2018 - Oath Ceremony Scheduled

17-Aug-2018 - Oath Ceremony

 

 

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10 hours ago, Sukie said:

I think this is what happens:

 

When your ROC has not been adjudicated yet, and your file your N-400, then the ROC has to be finalized before the N-400 can be adjudicated.  I'm pretty sure the N-400s are sent to your local ASC for processing because that is where you will take the test, and be interviewed for citizenship.

 

What I DON'T know, is whether USCIS bundles your I-751 AND your N-400 paperwork together and sends BOTH of them off to your local ASC for a decision, or whether it means your I-751 is pulled out of the pile at USCIS and dealt with sooner.  As you know, some people get 10-year Green Cards without having to go through an interview.  But if you ARE scheduled for an I-751 interview, then it is at your local ASC.

 

Some people say wait.  Some people say send in the N-400 as soon as possible.  If you had to file at VSC, then you are already waiting about 14 months for your 10-year Green Card.  If it were me, I'd get that N-400 in ASAP and force them to deal.

 

Sukie in NY

Thank you Sukie!

AOS Journey

01/14/14 (Day 0) - sent AOS + I-130 + I-765

01/17/14 (Day 3) - package received by USCIS (USPS tracking)

01/27/14 (Day 12) - NOA x 3 in the mail

01/30/14 (Day 15) - biometrics appointment letter in the mail

01/30/14 (Day 15) - walk in biometrics Alexandria, VA

01/30/14 (Day 15) - online notification that RFE was issued

02/05/14 (Day 21) - RFE for I-864 in the mail (more evidence for petitioner income)

02/14/14 (Day 30) - sent response to RFE

02/20/14 (Day 36) - online status changed to response to RFE review

03/03/14 (Day 47) - online notification that another RFE was issued

03/07/14 (Day 51) - RFE for I-485 in the mail (copy of marriage certificate; initially we submitted certified copy)

03/07/14 (Day 51) - Sent response to RFE

03/11/14 (Day 55) - Online status changed to response to RFE review

03/20/14 (Day 64) - EAD card delivered

03/28/14 (Day 72) - Online notification that interview is scheduled for 05/05/2014

03/31/14 (Day 75) - Hard copy of interview notice in the mail

05/05/14 (Day 110) - Interview

05/13/14 (Day 118) - GC delivered

ROC Journey

02/05/16 (Day 0) - sent ROC package to VSC

02/08/16 (Day 3) - VSC received package (USPS tracking)

02/11/16 (Day 6) - VSC cashed check

02/13/16 (Day 8) - NOA1 delivered (dated 02/09/16)

02/25/16 (Day 20) - Biometrics letter delivered (dated 02/20/16)

02/18/17 - Approved

N-400 Journey

02/15/17 - sent N-400 package to NSC

02/17/17 - NOA date

02/25/17 - Biometrics letter delivered for 3/10/17

02/28/17 - Biometrics walk-in

03/23/17 - In line for interview

06/07/17 - Interview letter arrived in mail

06/21/17 - Interview

07/23/17 - Oath ceremony

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Filed: Other Timeline

My wife and I are in the exact same situation. We're going to see if we can get an InfoPass appointment regarding the whole thing and get some answers. My wife has the extension while we wait for the removal of conditions, but she wants to head home as we just found out she's pregnant. We filed at the VCS and it seems we still have a few more months to wait. Maybe the N-400 will help expedite things? I can update here after we've had our appointment.

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Filed: IR-1/CR-1 Visa Country: Egypt
Timeline
21 hours ago, mindthegap said:

You can file the N-400 in the 90 day window of your three year anniversary of becoming a PR.

N-400 will force the adjudication of your ROC if still no action at that time.

Thanks!

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Filed: IR-1/CR-1 Visa Country: Egypt
Timeline
16 hours ago, nmic7 said:

I have a similar question: what if your case is about to be approved - it's just a matter of a few days, maybe some supervisor to look over it, etc. - when you file the N-400?  Does that "freeze" the approval of your ROC and you never get the 10-year card but instead they wait to approve at the same time as your naturalization interview (e.g. 7-8 months after they would have normally approved it)?  

 

We're trying to decide if maybe we should wait for the 10-year card instead of filing this week (when my wife is eligible) just to play it safe in terms of being able to renew driver's license, travel, etc.

 

Any insight into this would be greatly appreciated!  Thank you!

Thanks for asking this! Our timeline is so similar (with the minor exception that my husband and I do not know when we will be approved).  

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3 hours ago, Basbosa said:

Thanks for asking this! Our timeline is so similar (with the minor exception that my husband and I do not know when we will be approved).  

You're welcome!  Actually I also have no idea when we will be approved, it was just a "best case scenario" hypothetical.  Good luck!

AOS Journey

01/14/14 (Day 0) - sent AOS + I-130 + I-765

01/17/14 (Day 3) - package received by USCIS (USPS tracking)

01/27/14 (Day 12) - NOA x 3 in the mail

01/30/14 (Day 15) - biometrics appointment letter in the mail

01/30/14 (Day 15) - walk in biometrics Alexandria, VA

01/30/14 (Day 15) - online notification that RFE was issued

02/05/14 (Day 21) - RFE for I-864 in the mail (more evidence for petitioner income)

02/14/14 (Day 30) - sent response to RFE

02/20/14 (Day 36) - online status changed to response to RFE review

03/03/14 (Day 47) - online notification that another RFE was issued

03/07/14 (Day 51) - RFE for I-485 in the mail (copy of marriage certificate; initially we submitted certified copy)

03/07/14 (Day 51) - Sent response to RFE

03/11/14 (Day 55) - Online status changed to response to RFE review

03/20/14 (Day 64) - EAD card delivered

03/28/14 (Day 72) - Online notification that interview is scheduled for 05/05/2014

03/31/14 (Day 75) - Hard copy of interview notice in the mail

05/05/14 (Day 110) - Interview

05/13/14 (Day 118) - GC delivered

ROC Journey

02/05/16 (Day 0) - sent ROC package to VSC

02/08/16 (Day 3) - VSC received package (USPS tracking)

02/11/16 (Day 6) - VSC cashed check

02/13/16 (Day 8) - NOA1 delivered (dated 02/09/16)

02/25/16 (Day 20) - Biometrics letter delivered (dated 02/20/16)

02/18/17 - Approved

N-400 Journey

02/15/17 - sent N-400 package to NSC

02/17/17 - NOA date

02/25/17 - Biometrics letter delivered for 3/10/17

02/28/17 - Biometrics walk-in

03/23/17 - In line for interview

06/07/17 - Interview letter arrived in mail

06/21/17 - Interview

07/23/17 - Oath ceremony

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Filed: IR-1/CR-1 Visa Country: Egypt
Timeline
17 hours ago, Sukie said:

I think this is what happens:

 

When your ROC has not been adjudicated yet, and your file your N-400, then the ROC has to be finalized before the N-400 can be adjudicated.  I'm pretty sure the N-400s are sent to your local ASC for processing because that is where you will take the test, and be interviewed for citizenship.

 

What I DON'T know, is whether USCIS bundles your I-751 AND your N-400 paperwork together and sends BOTH of them off to your local ASC for a decision, or whether it means your I-751 is pulled out of the pile at USCIS and dealt with sooner.  As you know, some people get 10-year Green Cards without having to go through an interview.  But if you ARE scheduled for an I-751 interview, then it is at your local ASC.

 

Some people say wait.  Some people say send in the N-400 as soon as possible.  If you had to file at VSC, then you are already waiting about 14 months for your 10-year Green Card.  If it were me, I'd get that N-400 in ASAP and force them to deal.

 

Sukie in NY

Sukie, thanks for the advice... My husband and I are seriously considering this option, since we didn't realize any word (besides our extension letter) from VSC yet... while I hate to "force" any one to look at our application, but given the political climate and the probable increase in applications (I assume), I'd rather get started on the N400 process as soon as we can. 

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Filed: IR-1/CR-1 Visa Country: Egypt
Timeline
6 minutes ago, nmic7 said:

You're welcome!  Actually I also have no idea when we will be approved, it was just a "best case scenario" hypothetical.  Good luck!

Oh totally! Good luck to you too!!

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Filed: IR-1/CR-1 Visa Country: Egypt
Timeline
6 hours ago, RemoteControl said:

My wife and I are in the exact same situation. We're going to see if we can get an InfoPass appointment regarding the whole thing and get some answers. My wife has the extension while we wait for the removal of conditions, but she wants to head home as we just found out she's pregnant. We filed at the VCS and it seems we still have a few more months to wait. Maybe the N-400 will help expedite things? I can update here after we've had our appointment.

Yes! Please keep us posted. I am worried that this is what we will have to do as well, because we would like to visit Egypt this summer.

Congrats on the pregnancy :):):)

Edited by Basbosa
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