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MohU3

Changing Eligibility in a pending N400

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Hey Guys,

 

Long story short, I had a 751 pending for a long time and my attorney suggested that I apply for N400, so I did so under the 3 year rule and it was pending since April 2016. After that I got divorced and finally the 751 waiver got approved yesterday and I saw the N400 changed online to scheduled an interview. Now I'm not eligible for the 3 year rule since I'm divorced, but I am eligible for the 5 year rule. What should I do to change my eligibility to make them treat the N400 under the 5 years rule instead of the 3 years rule ?


I-751 #1 - March 2015 (Jointly filed)

April 2015: Bio-metrics completed

11/30/2018 Interview Notice for 01/07/2019

01/07/2019: Withdrawn at the interview due to divorce and another 751 filed after the divorce and switched to the waiver case

 

I-751 #2 - March 2017 (Waiver)

April 2017: Bio-metrics completed

01/07/2019: Interview

01/14/2019: Approval Notification via Email

 

N-400 Feb 2016( Pending)(3-year Rule) 

February 2016: N-400 filed with the 3 year rule.

February 2016: Bio-metrics completed

04/29/2016: Interview Notice in the mail For 06/08/2016

06/01/2016: Interview was cancelled due to unforeseen circumstances (probably cause the 751 was still pending)

01/16/2019: Case changed online again to interview was scheduled for 03/06/2019

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hi there, you need to withdraw your current citizenship petition and reapply when you qualify under 5 year rule

that or go to the interview, where your petition will be denied, and you can reapply when you qualify under the 5 year rule


Spoiler

 

Married December 19, 2014

I-130 Petition sent January 14, 2015
NOA1 date January 20, 2015 (NSC)

NOA2 date May 28, 2015 :dance::dance::dance:

Mailed to NVC June 4, 2015

NVC Received June 10, 2015

NVC Case Number Assigned June 23, 2015

NVC AoS Invoice via Mail June 24, 2015

NVC Selected Agent Over Phone June 30, 2015 (Unable to logon to CEAC)

NVC IV Invoice via email received July 1, 2015

NVC AoS/IV Package Mailed July 2, 2015

NVC AoS & IV Fee Paid Online (CEAC is working) July 6. 2015

NVC Document Scan Date July 6, 2015

NCV AoS & IV Fee marked as paid in CEAC July, 7 2015

NVC DS 260 Completed July 8, 2015

NVC CC July 30, 2015 (24 days after scan date, about 2 months post NOA2)

Interview Scheduled on August 26, 2015

Interview P4 Email Received August 27, 2015

Medical in Islamabad September 2, 2015

Interview Date September 22, 2015 CANCELLED (Embassy is Over scheduled) :cry: :cry: :cry: :cry: :cry:

Interview Scheduled on September 10, 2015

Interview Date October 14, 2015 APPROVED

Visa Issued October 16, 2015, 9 months start to finish

POE JFK October 26, 2015

GC in Hand Jan 8, 2016

RoC I-751 NOA1 August 31, 2017 (Vermont Service Center)

Biometrics October 2, 2017

I551 Stamp in Passport August 2, 2018

18 Month Extension Letter August 3, 2018

Applied for Naturalization N-400 Online July 30, 2018

Biometrics August 23, 2018

10 year GC is in production September 17, 2018

 

 
 
 
 
 
 
 
 
 
 
 
 

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when you qualify under 5 year rule

Hey Kastrs, Thank you for replying to my post. I am already eligible for the 5 years. it's been actually 6 years since my conditional GC. I just wanted to know if there's a way to make them treat my application with the 5 year rule instead of the 3 so I won't have to apply for another petition and wait another year.


I-751 #1 - March 2015 (Jointly filed)

April 2015: Bio-metrics completed

11/30/2018 Interview Notice for 01/07/2019

01/07/2019: Withdrawn at the interview due to divorce and another 751 filed after the divorce and switched to the waiver case

 

I-751 #2 - March 2017 (Waiver)

April 2017: Bio-metrics completed

01/07/2019: Interview

01/14/2019: Approval Notification via Email

 

N-400 Feb 2016( Pending)(3-year Rule) 

February 2016: N-400 filed with the 3 year rule.

February 2016: Bio-metrics completed

04/29/2016: Interview Notice in the mail For 06/08/2016

06/01/2016: Interview was cancelled due to unforeseen circumstances (probably cause the 751 was still pending)

01/16/2019: Case changed online again to interview was scheduled for 03/06/2019

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3 hours ago, MohU3 said:

Hey Kastrs, Thank you for replying to my post. I am already eligible for the 5 years. it's been actually 6 years since my conditional GC. I just wanted to know if there's a way to make them treat my application with the 5 year rule instead of the 3 so I won't have to apply for another petition and wait another year.

You need to call USCIS office. 

 

 

  1. Call 1-800-375-5283;
  2. Press 1 to continue in English;
  3. Press 2 for case status;
  4. Press 1 if you know your receipt number

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Thank you. I'll call then and I'll let you know guys.

Edited by MohU3

I-751 #1 - March 2015 (Jointly filed)

April 2015: Bio-metrics completed

11/30/2018 Interview Notice for 01/07/2019

01/07/2019: Withdrawn at the interview due to divorce and another 751 filed after the divorce and switched to the waiver case

 

I-751 #2 - March 2017 (Waiver)

April 2017: Bio-metrics completed

01/07/2019: Interview

01/14/2019: Approval Notification via Email

 

N-400 Feb 2016( Pending)(3-year Rule) 

February 2016: N-400 filed with the 3 year rule.

February 2016: Bio-metrics completed

04/29/2016: Interview Notice in the mail For 06/08/2016

06/01/2016: Interview was cancelled due to unforeseen circumstances (probably cause the 751 was still pending)

01/16/2019: Case changed online again to interview was scheduled for 03/06/2019

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23 hours ago, MohU3 said:

Hey Kastrs, Thank you for replying to my post. I am already eligible for the 5 years. it's been actually 6 years since my conditional GC. I just wanted to know if there's a way to make them treat my application with the 5 year rule instead of the 3 so I won't have to apply for another petition and wait another year.

I believe you have to be eligible AT THE TIME OF FILING- not the same as being eligible at the time of adjudication. Otherwise everyone would send in their 5yr applications at the 4yr mark knowing it will take a year to process and when its ready they would be eligible...

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 believe you have to be eligible AT THE TIME OF FILING

I hope this is true. I believe I'm getting the letter in the mail today to know the date exactly. If this is true so I was eligible for the 3 year rule when I filed. If it's by the time of the adjudication, then I'm eligible now with the 5 year rule then.


I-751 #1 - March 2015 (Jointly filed)

April 2015: Bio-metrics completed

11/30/2018 Interview Notice for 01/07/2019

01/07/2019: Withdrawn at the interview due to divorce and another 751 filed after the divorce and switched to the waiver case

 

I-751 #2 - March 2017 (Waiver)

April 2017: Bio-metrics completed

01/07/2019: Interview

01/14/2019: Approval Notification via Email

 

N-400 Feb 2016( Pending)(3-year Rule) 

February 2016: N-400 filed with the 3 year rule.

February 2016: Bio-metrics completed

04/29/2016: Interview Notice in the mail For 06/08/2016

06/01/2016: Interview was cancelled due to unforeseen circumstances (probably cause the 751 was still pending)

01/16/2019: Case changed online again to interview was scheduled for 03/06/2019

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5 minutes ago, MohU3 said:

I hope this is true. I believe I'm getting the letter in the mail today to know the date exactly. If this is true so I was eligible for the 3 year rule when I filed. If it's by the time of the adjudication, then I'm eligible now with the 5 year rule then.

Its actually both have to be true-- I know I said it a little weird. 

You have to be eligible at the time of filing AND at the time of adjudication. For citizenship I believe that means the interview/decision being made (so you must be in marital union up until the interview. Between the interview/approval and oath you can divorce or separate but not before then. You can check the adjudicators guide for n400 but I believe you will need to refile under 5yr eligibility. 

So what Im saying is you have to be eligible for the 5yr when you filed. Perhaps if you had waited to file when you were eligible for both 3 and 5yr but chose 3yr rule they may switch it to the 5yr one, but they can not switch you from a 3 to 5 when you werent eligible for the 5 when it was filed. Does that make more sense?

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Does that make more sense?

 

It makes total sense. The only thing is I don't wanna wait another year if I applied a new case. The other thing is I just had my 751 interview 2 weeks ago. When I was there he had the N400 file in front of him but he said we just gonna do the 751 for today. And he knew that I was divorced. Then once the 751 was approved, the same day they scheduled me for the N400. That's why I'm hoping that they know the whole situation and still scheduled me.


I-751 #1 - March 2015 (Jointly filed)

April 2015: Bio-metrics completed

11/30/2018 Interview Notice for 01/07/2019

01/07/2019: Withdrawn at the interview due to divorce and another 751 filed after the divorce and switched to the waiver case

 

I-751 #2 - March 2017 (Waiver)

April 2017: Bio-metrics completed

01/07/2019: Interview

01/14/2019: Approval Notification via Email

 

N-400 Feb 2016( Pending)(3-year Rule) 

February 2016: N-400 filed with the 3 year rule.

February 2016: Bio-metrics completed

04/29/2016: Interview Notice in the mail For 06/08/2016

06/01/2016: Interview was cancelled due to unforeseen circumstances (probably cause the 751 was still pending)

01/16/2019: Case changed online again to interview was scheduled for 03/06/2019

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