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N-400 based on Military Services while pending I-751

By Phamstudy in US Citizenship General Discussion

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Phamstudy Newbie

Phamstudy   0

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Timeline
Posted

hi all - hope you guys can help me with this:

I got my GC based on my former marriage. We divorced after 4 years, and I filed I-751 with a waiver 1.5 years ago. Since then, I joined the US Army and was qualified for N-400 under section 329 - so I filed for N400 anyway. Typically N-400 under military services is pretty easy, however, in my case, I got a notification that since my I-751 is pending, they had to administratively close my N-400 until my I-751 is adjudicated.

I-751 takes forever - so my question is: Should I withdraw my I-751 and file a motion to re-open my N-400 under military qualification? Then my N-400 can be adjudicated without having to worry about I-751 anymore?

Thanks in advance. Any suggestion/analyses on this is greatly appreciated.

 

Starkilla09 Proficient

Starkilla09   366

Posted
Filed: Citizen (apr) Country: Cameroon
 Timeline
Posted

No your I-751 has to be adjudicated first before you can naturalize. Withdrawing it would have devastating consequences and there’s no going around this. As as military service member the best you can do is try to have USCIS expedite the processing of your I-751, you should have a much better luck doing so since you need your citizenship for security clearances in the military for certain jobs. If you had joined with your conditional green card still valid before removing conditions, it could’ve been a whole different scenario not requiring you to file I-751 but rather transitioning to citizenship skipping that process. Since you activated the gunlet now you must finish it before moving forward. Good luck!

Adjustment of Status From F-1 Visa.

8/14/2014: Mailed AOS package: I-130, I-485, I-765.

8/18/2014: Accepted in Chicago. Transferred to Nebraska Service Center.

8/21/2014: Received NOA 1. I-130, I-485, I-765 in mail.

8/25/2014: Received biometrics in mail. Scheduled for 9/8/2014

9/24/2014: EAD approved. 36 Days!

10/01/2014: EAD mailed.

10/03/2014: Received EAD card.

10/14/2014: I-485 moved to testing and interview.

1/28/2015: Interview scheduled for 3/4/2015.

1/31/2015: Received interview notice.

3/4/2015: Interview completed and APPROVED!

3/5/2015: Welcome notice mailed and I-130 Approved.

3/10/2015: Welcome notice and I-130 approval notice received.

3/12/2015: Green card mailed.

3/14/2015: Green card delivered.

Removal of Conditions: 

12/14/2016: Mailed I-751.

12/19/2016: NOA issued.

01/26/2017: Biometrics.

05/03/2018: I-751 transfered to NBC.

02/27/2019: Joint I-751/N-400 Interview.

05/14/2019: I-751 APPROVED.

Naturalization:

12/02/2017: Mailed N 400 to Phoenix, AZ Lockbox. (I-751 still pending)

12/05/2017: Package delivered in Phoenix, AZ. Transferred to Harrisonburg Processing Center.

12/07/2017: Notice of action issued. (IOE)

12/26/2017: Biometrics.

01/23/2019: Interview Scheduled for 2/27/2019.

02/27/2019: Joint I-751/N-400 interview. N-400 recommended for approval.

05/16/2019: N-400 APPROVED! Placed in line for oath ceremony.

05/17/2019: Oath ceremony notice mailed.

06/12/2019: Swearing in Ceremony! Finally a U.S. citizen!

 

 

 

 

 

 

 

Holt Community Regular

Holt   73

Posted
Filed: Citizen (apr) Country: Hong Kong
 Timeline
Posted
5 hours ago, Starkilla09 said:

No your I-751 has to be adjudicated first before you can naturalize. Withdrawing it would have devastating consequences and there’s no going around this. As as military service member the best you can do is try to have USCIS expedite the processing of your I-751, you should have a much better luck doing so since you need your citizenship for security clearances in the military for certain jobs. If you had joined with your conditional green card still valid before removing conditions, it could’ve been a whole different scenario not requiring you to file I-751 but rather transitioning to citizenship skipping that process. Since you activated the gunlet now you must finish it before moving forward. Good luck!

Why they closed his N400 while N751 is pending? I meant they could be able to remove his condition on his Green Card first, then also make a decision on N400 like everyone out there does? 

 

N-400 Naturalization Journey SAN FRANCISCO FIELD OFFICE

Total processing time from last successful submission to Oath Ceremony: 253 days (8 months and 11 days)

Spoiler

02/26/2012: Arrived SF airport. 

11/28/2016: Eligible for early-filling.

Day 00 - 12/23/2016: Sent N-400 + I-942 to Phoenix, AZ lockbox via USPS.

Day 03 - 12/26/2016: N-400 application marked delivered.

Day 25 - 01/17/2017: Sent email to support regards to application.

Day 26 - 01/18/2017: N-400 rejected because incorrect payment amount.

Day 32 - 01/24/2017: N-400 + I-942 resent.

Day 34 - 01/26/2017: N-400 application marked delivered.

Day 49 - 02/10/2017: N-400 rejected again because incorrect payment amount.

Day 52 - 02/13/2017: Email form USCIS support responded package was rejected in error (!?) for the first and second time submissions, they requested 3rd resubmission + tracking number in order to apply my earliest priority date. 

Day 52 - 02/13/2017: N-400 + I-942 resent on the same day, also sent a response to Lockbox to provide information to USCIS.

Day 54 (Day 0) - 02/15/2017: N-400 application marked delivered.

Day 62 (Day 8) - 02/23/2017: E-notification, E-mail from USCIS, E-mail from Support announced Resubmission was accepted.

Day 66 (Day 12)- 02/27/2017: Notice of Acceptance as Fees Waiver Approval received. (All fees were waived instead of reduced by half as supposed by filing form I-942)

Day 69 (Day 15) - 03/02/2017: Online Status Update: Fingerprint Appointment was scheduled. 

Day 70  (Day 16) - 03/03/2017: Fingerprint Appointment Letter received. Biometric will be on 3/15/17. 

Day 70  (Day 16) - 03/03/2017: Early Walked-In for Biometric at 3:45 PM.

Day 87 (Day 33) - 03/20/2017: Online Status Update: Case was placed in line for interview. 

Day 234 (Day 180) - 08/14/2017: Online Status Update: Interview has been scheduled.

Day 239 (Day 185) - 08/19/2017: Interview Letter received.

Day 269 (Day 215) - 09/18/2017: Interview 2:30 PM at USCIS SF Field Office. Recommended For Approval. 

Day 280 (Day 226) - 09/29/2017: Oath Ceremony Letter received. N400 is approved.

Day 291 (Day 237) - 10/10/2017: Last Online Status Update: Oath Letter was mailed. Too late!

Day 307 (Day 253) - 10/26/2017: Oath Ceremony in Oakland, CA. Citizenship granted.

Day 307 (Day 253) - 10/26/2017: Passport applied.

Day 321 (Day 267) - 11/09/2017: Passport Booklet received. 

Day 321 (Day 267) - 11/09/2017: Naturalization Certificate received. Journey done.

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

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