N400 interview (not oath ceremony) before 3 year mark?

[Visalife 2]

Hello, my spouse came in on CR-1, applied for i751 and has interview for ROC scheduled. Also now applied for N400 as soon as they became eligible 90 days before the 3 year mark. Biometrics have been taken, was given the study guide and told to wait for interview, and online status has updated to the same. The question is, is it possible that the upcoming ROC interview can be a combo interview, with oath ceremony scheduled after the conclusion of 3 years of permanent resident status? Field office is Kansas City which as I understand doesn't do same day oath ceremony anyway. Thank you!

Edited April 13, 2022 by Visalife
Added clarification

[Mike E 11,723]

18 minutes ago, Visalife said:

Hello, my spouse came in on CR-1, applied for i751 and has interview for ROC scheduled. Also now applied for N400 as soon as they became eligible 90 days before the 3 year mark. Biometrics have been taken, was given the study guide and told to wait for interview, and online status has updated to the same. The question is, is it possible that the upcoming ROC interview can be a combo interview,

Yes.  However some IOs are not fully trained in the process and might try to deny N-400 if the interview is held before the 3 year mark.  i advise bringing an experienced attorney to the N-400 interview if held before the 3 year mark.  

18 minutes ago, Visalife said:

 

with oath ceremony scheduled after the conclusion of 3 years of permanent resident status?  

Yes that would be correct procedure. 

[Visalife 2]

34 minutes ago, Mike E said:

Yes.  However some IOs are not fully trained in the process and might try to deny N-400 if the interview is held before the 3 year mark.  i advise bringing an experienced attorney to the N-400 interview if held before the 3 year mark.  

Yes that would be correct procedure. 

What would an attorney do differently than if we just presented with a copy of all relevant evidence? Interview is in a few days, is it really a risk to go without an attorney?

[Mike E 11,723]

27 minutes ago, Visalife said:

What would an attorney do differently than if we just presented with a copy of all relevant evidence?

An attorney would quote chapter and verse from INA, USCIS field manual, and case law as to why USCIS cannot deny an N-400 because it decided to hold the interview before the 3 year statutory period. In addition if the IO still indicates you will be denied for the 3 year rule the attorney can say he will race to federal court and file a motion to move the case to federal judicial jurisdiction.  The threat of a federal case might cause the IO

to reconsider (because now the boss has to come up with budget to allocate a defense attorney) and just maybe ask another IO with some grey hair who actually knows the process.
 

What would you without a lawyer do if denied because of the 3 year rule? At the interview you’d say “that’s not fair”. You’d be correct and it wouldn’t make a difference.  You’d then have to decide between appeal or file a new N-400. The IO might even encourage you to withdraw.  
 

Remember: you decided to file 90 days early. Those 90 days must have been important to you.  So how much are the worth?
 

Quote

Interview is in a few days

Well that’s new data. 
 

Quote

 

is it really a risk to go without an attorney?

I’ve see it happen. I don’t know how high the risk is.  In the golden age of INS cases such as yours weren’t a problem because interviews in under 90 days were the norm.  Now you have all these post 9/11 IOs not used to such fast adjudication.   
 

If you go without representation and the IO recommends approval  then you  can say I was wrong.  😂

[Mike E 11,723]

If you don’t get representation then before you take the oath required to start the interview, ask the IO if the N-400 case will be denied because you have not been an LPR for 3 years.  If so, ask to reschedule the interview then and there. 

[Family 3,479]

46 minutes ago, Mike E said:

If you don’t get representation then before you take the oath required to start the interview, ask the IO if the N-400 case will be denied because you have not been an LPR for 3 years.  If so, ask to reschedule the interview then and there. 

Excellent suggestion given the recent denial for” marital union “

[Visalife 2]

3 hours ago, Mike E said:

If you don’t get representation then before you take the oath required to start the interview, ask the IO if the N-400 case will be denied because you have not been an LPR for 3 years.  If so, ask to reschedule the interview then and there. 

Thanks for the responses, this is probably what we'll do then, especially since we're not certain they are even planning a combo interview. Appreciate your help!

[Family 3,479]

And to give you some more ammunition IF you get stuck in delays, please read a post made by VJ member @Libertate where detailed contact and info is given AIC ( American Immigration Council) is offering FREE legal rep for cases and class action lawsuit upcoming for the delays. Someone should definitely ask @Crazy Catto investigate directly w AIC and perhaps put a spotlight on who can get help. 
 

 

[JeanneAdil 6,195]

your timeline says NOA1 4/8/2019 and received by consulate 3/11 2019

 

to answer any questions VJ community would have to know when he arrived in the USA for his green card date 

with correct info

 

when was the interview?

when was the POE ?

Edited April 14, 2022 by JeanneAdil

[Visalife 2]

6 minutes ago, JeanneAdil said:

your timeline says NOA1 4/8/2019 and received by consulate 3/11 2019

 

to answer any questions VJ community would have to know when he arrived in the USA for his green card date 

with correct info

 

when was the interview?

when was the POE ?

Green card date was June 15th, 2019, applied for n400 90 days before the 3 year anniversary. Interview is next week for i751. What do you mean by POE? Thanks!

[Dashinka 23,242]

1 hour ago, Visalife said:

Green card date was June 15th, 2019, applied for n400 90 days before the 3 year anniversary. Interview is next week for i751. What do you mean by POE? Thanks!

POE = Port of Entry as those arriving on an immigration visa such as a CR1 activate their Green Card upon entry in the US using that visa.  In your case your spouse must have entered the US on June 15th 2019 based on the date on the GC so I assume your spouse filed the N400 on or after March 17, 2022.  Stranger things have happened, but I doubt USCIS will be ready for an N400 interview in a month or two (you didn't give the date of the scheduled ROC interview).

 

Good Luck!

Edited April 14, 2022 by Dashinka

[JeanneAdil 6,195]

20 hours ago, Visalife said:

Green card date was June 15th, 2019, applied for n400 90 days before the 3 year anniversary. Interview is next week for i751. What do you mean by POE? Thanks!

wow 

fast process to do from PD date of April 2019 to june 2019 green card