Filed N400 while waiting for I-751 - a bad decision?

[yk90 1]

Hi everyone,

We filed my wife’s I-751 in April 2019, she completed biometrics and received her extension letter that expires in January 2021. Our lawyer advised us to file N400, so we did so in June 2020. Immediately after that we received a notice that her I-751 case had been transferred to the NBC.
 

Does this now mean that both cases will be resolved with one interview? And if so, does this mean we don’t really have a chance of receiving a 10 year GC or her having her citizenship interview before her extension letter expires given citizenship timelines, necessitating an InfoPass appointment to keep working after Jan?

 

I may be over interpreting things so I was wondering what the wise folks of this community think is going on.

[NancyNguyen 1,657]

That extension letter will be expired but her status is not. You can ask for a stamp if you need to travel or work related issue. N400 with pending I751 usually ends up interview for BOTH of you. Good luck.

[yk90 1]

Thank you! However COVID means that USCIS currently requires you to prove an emergency which honestly just seems annoying and vague, so it does have me worried about getting the stamp. Would be better to receive the GC, but I think now that we filled the N400 there’s no chance of that before the end of the year is there?

[Dashinka 23,375]

On 8/15/2020 at 10:01 AM, yk90 said:

Thank you! However COVID means that USCIS currently requires you to prove an emergency which honestly just seems annoying and vague, so it does have me worried about getting the stamp. Would be better to receive the GC, but I think now that we filled the N400 there’s no chance of that before the end of the year is there?

I would think an emergency would be pending international travel, or job change where LPR status proof is required.  As to filing the N400 with an I751 pending, I look at it in terms of processing clocks.  The I751 and N400 process on different clocks and if the ultimate goal is becoming a USC, then why not start that clock as soon as you can.  The overall processing of the two will most likely happen together at your local field office, but I have heard stories where folks still received their 10yr GC even with a pending N400.

 

Good Luck!

[yk90 1]

Thank you! I'll hope for the best.