Changing Eligibility in a pending N400

[MohU3 57]

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 ?

[Kastrs 723]

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

[MohU3 57]

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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.

[bestluck 71]

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

[MohU3 57]

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

Edited January 22, 2019 by MohU3

[Villanelle 4,122]

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...

[MohU3 57]

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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.

[Villanelle 4,122]

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?

[MohU3 57]

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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.