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mymarriagejourney

EB-2 NIW Visa

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Filed: Citizen (apr) Country: Jordan
Timeline

I can't believe I just found out about this visa.

 

My US citizen husband petitioned for his brother for F4 visa in 2015.  As we all know, there are many more years of waiting for that.

 

His brother has a master's degree (computer science), and has a PMP certification (project management professional) and is doing well in his career.  There are many jobs here in the US for which he has the experience and qualifications, however, very few employers are willing to sponsor.  

 

Could this EB-2 NIW could be the answer for him?  

 

 

07/19/12 - Married

Adjustment of Status from F-1 Student Visa: Day 00 - 07/20/12 - Sent I-130, I-485, I-765, I-131

Day 03 - 07/23/12 - Confirmation from USPS that package was received in Chicago - signed for by D Colonna

Day 11 - 08/03/12 - Acceptance confirmation texts and emails

Day 14 - 08/06/12 - Checks cleared

Day 18 - 08/10/12 - Received biometrics appointment notice (dated 08/06/12 for appointment on 08/30/12)

Day 22 - 08/14/12 - Completed biometrics via successful walk-in at Columbus, OH office (We were the only ones there!)

Day 25 - 08/17/12 - Received NOAs

Day 36 - 08/28/12 - Notice via text of interview on 10/02/12

Day 38 - 08/30/12 - Received interview notice hard copy

Day 65 - 09/24/12 - Notice via text of I-131 approval

Day 71 - 10/02/12 - Interview

Day 71 - 10/02/12 - Text messages of APPROVAL of I-130 and I-485 - Card in Production

Day 78 - 10/09/12 - Received Welcome Notice

Day 80 - 10/11/12 - Received Conditional Green Card

Removal of Conditions: Day 00 - 07/07/14 - Sent I-751

Day 03 - 07/10/14 - Confirmation from USPS that package was received in California

Day 07 - 07/14/14 - Check cleared

Day 07 - 07/14/14 - Received NOA (dated 07/10/14)

Day 14 - 07/21/14 - Received biometrics appointment notice (dated 07/17/14 for appointment on 08/01/14)

Day 18 - 07/25/14 - Completed biometrics via successful walk-in at Columbus, OH office (We were the only ones there...again!)

Day 38 - 08/14/14 - Text message of APPROVAL of 1-751 - Card in Production

Day 43 - 08/19/14 - Notice via text indicating card has been mailed

Day 44 - 08/20/14 - Notice via text with USPS tracking number

Day 46 - 08/22/14 - Received Permanent Green Card

Naturalization: Day 00 - 08/21/15 - Sent N-400

Day 03 - 08/24/15 - Confirmation from USPS that package was received in Arizona

Day 07 - 08/28/15 - Check cleared

Day 10 - 08/31/15 - Acceptance confirmation text and email

Day 14 - 09/04/15 - Received NOA (dated 08/28/15)

Day 24 - 09/14/15 - Received biometrics appointment notice (dated 09/05/15 for appointment on 09/21/15)

Day 28 - 09/18/15 - Completed biometrics via successful walk-in at Columbus, OH office

Day 32 - 09/22/15 - Notice via text and email indicating in line for testing and interview

Day 35 - 09/25/15 - Notice via text and email indicating interview is scheduled

Day 41 - 10/01/15 - Received interview appointment notice (dated 09/28/15 for appointment on 11/03/15)
Day 73 - 11/03/15 - Interview

Day 74 - 11/04/15 - Text message of APPROVAL of N-400 - Oath Ceremony Scheduled

Day 75 - 11/05/15 - Received Oath Ceremony appointment notice (dated 11/04/15 for appointment on 11/17/15)

Day 87 - 11/17/15 - Oath Ceremony - US CITIZEN

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26 minutes ago, mymarriagejourney said:

I can't believe I just found out about this visa.

 

My US citizen husband petitioned for his brother for F4 visa in 2015.  As we all know, there are many more years of waiting for that.

 

His brother has a master's degree (computer science), and has a PMP certification (project management professional) and is doing well in his career.  There are many jobs here in the US for which he has the experience and qualifications, however, very few employers are willing to sponsor.  

 

Could this EB-2 NIW could be the answer for him?  

 

 

Does he work in the medical field (doctor, surgeon, OBGYN etc?) that’s normally the only professions that are approved for that visa. 
 

Just having a masters degree doesn’t make you eligible for that. 

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Filed: Citizen (apr) Country: Jordan
Timeline
2 minutes ago, Cw1977 said:

Does he work in the medical field (doctor, surgeon, OBGYN etc?) that’s normally the only professions that are approved for that visa. 
 

Just having a masters degree doesn’t make you eligible for that. 

No, he is not in the medical field.  As I listed, he is in the computer science field.  I replied that he does have some publications that come up on google. 

07/19/12 - Married

Adjustment of Status from F-1 Student Visa: Day 00 - 07/20/12 - Sent I-130, I-485, I-765, I-131

Day 03 - 07/23/12 - Confirmation from USPS that package was received in Chicago - signed for by D Colonna

Day 11 - 08/03/12 - Acceptance confirmation texts and emails

Day 14 - 08/06/12 - Checks cleared

Day 18 - 08/10/12 - Received biometrics appointment notice (dated 08/06/12 for appointment on 08/30/12)

Day 22 - 08/14/12 - Completed biometrics via successful walk-in at Columbus, OH office (We were the only ones there!)

Day 25 - 08/17/12 - Received NOAs

Day 36 - 08/28/12 - Notice via text of interview on 10/02/12

Day 38 - 08/30/12 - Received interview notice hard copy

Day 65 - 09/24/12 - Notice via text of I-131 approval

Day 71 - 10/02/12 - Interview

Day 71 - 10/02/12 - Text messages of APPROVAL of I-130 and I-485 - Card in Production

Day 78 - 10/09/12 - Received Welcome Notice

Day 80 - 10/11/12 - Received Conditional Green Card

Removal of Conditions: Day 00 - 07/07/14 - Sent I-751

Day 03 - 07/10/14 - Confirmation from USPS that package was received in California

Day 07 - 07/14/14 - Check cleared

Day 07 - 07/14/14 - Received NOA (dated 07/10/14)

Day 14 - 07/21/14 - Received biometrics appointment notice (dated 07/17/14 for appointment on 08/01/14)

Day 18 - 07/25/14 - Completed biometrics via successful walk-in at Columbus, OH office (We were the only ones there...again!)

Day 38 - 08/14/14 - Text message of APPROVAL of 1-751 - Card in Production

Day 43 - 08/19/14 - Notice via text indicating card has been mailed

Day 44 - 08/20/14 - Notice via text with USPS tracking number

Day 46 - 08/22/14 - Received Permanent Green Card

Naturalization: Day 00 - 08/21/15 - Sent N-400

Day 03 - 08/24/15 - Confirmation from USPS that package was received in Arizona

Day 07 - 08/28/15 - Check cleared

Day 10 - 08/31/15 - Acceptance confirmation text and email

Day 14 - 09/04/15 - Received NOA (dated 08/28/15)

Day 24 - 09/14/15 - Received biometrics appointment notice (dated 09/05/15 for appointment on 09/21/15)

Day 28 - 09/18/15 - Completed biometrics via successful walk-in at Columbus, OH office

Day 32 - 09/22/15 - Notice via text and email indicating in line for testing and interview

Day 35 - 09/25/15 - Notice via text and email indicating interview is scheduled

Day 41 - 10/01/15 - Received interview appointment notice (dated 09/28/15 for appointment on 11/03/15)
Day 73 - 11/03/15 - Interview

Day 74 - 11/04/15 - Text message of APPROVAL of N-400 - Oath Ceremony Scheduled

Day 75 - 11/05/15 - Received Oath Ceremony appointment notice (dated 11/04/15 for appointment on 11/17/15)

Day 87 - 11/17/15 - Oath Ceremony - US CITIZEN

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Just now, mymarriagejourney said:

No, he is not in the medical field.  As I listed, he is in the computer science field.  I replied that he does have some publications that come up on google. 

Ok. He wouldn’t be eligible for the national interest waiver then 

 

I think he could try the regular EB2 but that’s longer and a slightly different set of requirements 

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Doesn't sound like he'd qualify to me tbh, particularly as you say 'very few employers are willing to sponsor'. Frankly, if he had skills that really are needed in the US (which is what he'd need to show for the EB2 NIW) then he'd be being headhunted on a regular basis for jobs in the US.  It's also not great that the first thing that comes up when you Google his name is his own LinkedIn profile (our lawyers said that's the first thing the immi officer will do). 

 

From the USCIS site:

 

"Factors USCIS Considers for National Interest Waiver

  • The proposed endeavor has both substantial merit and national importance.
  • You are well positioned to advance the proposed endeavor.
  • On balance, it would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification."

 

Do you think he meets that criteria? If so, I'd suggest a consultation with an immigration attorney that is well versed in EB immigrant visas and can advise what he may be eligible for (if anything). We used Fragomen and they were great. It may be that a job offer is needed though, has he tried job hunting?

Edited by appleblossom
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Filed: Citizen (apr) Country: Jordan
Timeline

It's nearly impossible to find an employer willing to sponsor a EB2.  I've literally never found one, especially since he does not live in the US already.

07/19/12 - Married

Adjustment of Status from F-1 Student Visa: Day 00 - 07/20/12 - Sent I-130, I-485, I-765, I-131

Day 03 - 07/23/12 - Confirmation from USPS that package was received in Chicago - signed for by D Colonna

Day 11 - 08/03/12 - Acceptance confirmation texts and emails

Day 14 - 08/06/12 - Checks cleared

Day 18 - 08/10/12 - Received biometrics appointment notice (dated 08/06/12 for appointment on 08/30/12)

Day 22 - 08/14/12 - Completed biometrics via successful walk-in at Columbus, OH office (We were the only ones there!)

Day 25 - 08/17/12 - Received NOAs

Day 36 - 08/28/12 - Notice via text of interview on 10/02/12

Day 38 - 08/30/12 - Received interview notice hard copy

Day 65 - 09/24/12 - Notice via text of I-131 approval

Day 71 - 10/02/12 - Interview

Day 71 - 10/02/12 - Text messages of APPROVAL of I-130 and I-485 - Card in Production

Day 78 - 10/09/12 - Received Welcome Notice

Day 80 - 10/11/12 - Received Conditional Green Card

Removal of Conditions: Day 00 - 07/07/14 - Sent I-751

Day 03 - 07/10/14 - Confirmation from USPS that package was received in California

Day 07 - 07/14/14 - Check cleared

Day 07 - 07/14/14 - Received NOA (dated 07/10/14)

Day 14 - 07/21/14 - Received biometrics appointment notice (dated 07/17/14 for appointment on 08/01/14)

Day 18 - 07/25/14 - Completed biometrics via successful walk-in at Columbus, OH office (We were the only ones there...again!)

Day 38 - 08/14/14 - Text message of APPROVAL of 1-751 - Card in Production

Day 43 - 08/19/14 - Notice via text indicating card has been mailed

Day 44 - 08/20/14 - Notice via text with USPS tracking number

Day 46 - 08/22/14 - Received Permanent Green Card

Naturalization: Day 00 - 08/21/15 - Sent N-400

Day 03 - 08/24/15 - Confirmation from USPS that package was received in Arizona

Day 07 - 08/28/15 - Check cleared

Day 10 - 08/31/15 - Acceptance confirmation text and email

Day 14 - 09/04/15 - Received NOA (dated 08/28/15)

Day 24 - 09/14/15 - Received biometrics appointment notice (dated 09/05/15 for appointment on 09/21/15)

Day 28 - 09/18/15 - Completed biometrics via successful walk-in at Columbus, OH office

Day 32 - 09/22/15 - Notice via text and email indicating in line for testing and interview

Day 35 - 09/25/15 - Notice via text and email indicating interview is scheduled

Day 41 - 10/01/15 - Received interview appointment notice (dated 09/28/15 for appointment on 11/03/15)
Day 73 - 11/03/15 - Interview

Day 74 - 11/04/15 - Text message of APPROVAL of N-400 - Oath Ceremony Scheduled

Day 75 - 11/05/15 - Received Oath Ceremony appointment notice (dated 11/04/15 for appointment on 11/17/15)

Day 87 - 11/17/15 - Oath Ceremony - US CITIZEN

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Filed: Citizen (apr) Country: Jordan
Timeline

He would easily find a job if he was in the US and already had work eligibility.  There seems to be a shortage of computer science professionals.  He has a lot of experience.  I can direct him to ask an attorney to ask if they think he qualifies if this is not a DIY process like my husband's immigration.

Edited by mymarriagejourney

07/19/12 - Married

Adjustment of Status from F-1 Student Visa: Day 00 - 07/20/12 - Sent I-130, I-485, I-765, I-131

Day 03 - 07/23/12 - Confirmation from USPS that package was received in Chicago - signed for by D Colonna

Day 11 - 08/03/12 - Acceptance confirmation texts and emails

Day 14 - 08/06/12 - Checks cleared

Day 18 - 08/10/12 - Received biometrics appointment notice (dated 08/06/12 for appointment on 08/30/12)

Day 22 - 08/14/12 - Completed biometrics via successful walk-in at Columbus, OH office (We were the only ones there!)

Day 25 - 08/17/12 - Received NOAs

Day 36 - 08/28/12 - Notice via text of interview on 10/02/12

Day 38 - 08/30/12 - Received interview notice hard copy

Day 65 - 09/24/12 - Notice via text of I-131 approval

Day 71 - 10/02/12 - Interview

Day 71 - 10/02/12 - Text messages of APPROVAL of I-130 and I-485 - Card in Production

Day 78 - 10/09/12 - Received Welcome Notice

Day 80 - 10/11/12 - Received Conditional Green Card

Removal of Conditions: Day 00 - 07/07/14 - Sent I-751

Day 03 - 07/10/14 - Confirmation from USPS that package was received in California

Day 07 - 07/14/14 - Check cleared

Day 07 - 07/14/14 - Received NOA (dated 07/10/14)

Day 14 - 07/21/14 - Received biometrics appointment notice (dated 07/17/14 for appointment on 08/01/14)

Day 18 - 07/25/14 - Completed biometrics via successful walk-in at Columbus, OH office (We were the only ones there...again!)

Day 38 - 08/14/14 - Text message of APPROVAL of 1-751 - Card in Production

Day 43 - 08/19/14 - Notice via text indicating card has been mailed

Day 44 - 08/20/14 - Notice via text with USPS tracking number

Day 46 - 08/22/14 - Received Permanent Green Card

Naturalization: Day 00 - 08/21/15 - Sent N-400

Day 03 - 08/24/15 - Confirmation from USPS that package was received in Arizona

Day 07 - 08/28/15 - Check cleared

Day 10 - 08/31/15 - Acceptance confirmation text and email

Day 14 - 09/04/15 - Received NOA (dated 08/28/15)

Day 24 - 09/14/15 - Received biometrics appointment notice (dated 09/05/15 for appointment on 09/21/15)

Day 28 - 09/18/15 - Completed biometrics via successful walk-in at Columbus, OH office

Day 32 - 09/22/15 - Notice via text and email indicating in line for testing and interview

Day 35 - 09/25/15 - Notice via text and email indicating interview is scheduled

Day 41 - 10/01/15 - Received interview appointment notice (dated 09/28/15 for appointment on 11/03/15)
Day 73 - 11/03/15 - Interview

Day 74 - 11/04/15 - Text message of APPROVAL of N-400 - Oath Ceremony Scheduled

Day 75 - 11/05/15 - Received Oath Ceremony appointment notice (dated 11/04/15 for appointment on 11/17/15)

Day 87 - 11/17/15 - Oath Ceremony - US CITIZEN

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2 minutes ago, mymarriagejourney said:

It's nearly impossible to find an employer willing to sponsor a EB2.  I've literally never found one, especially since he does not live in the US already.

Unfortunately that’s the answer to your question then I suspect. 
 

He would need that sponsor and the company has to prove why they need him over an American employee in order for him to get that

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2 minutes ago, mymarriagejourney said:

It's nearly impossible to find an employer willing to sponsor a EB2.  I've literally never found one, especially since he does not live in the US already.

 

There are many for those with skills in demand, but that's the point and why he may not be eligible - if he can't find an employer prepared to sponsor an EB2 for him, how would he qualify for the NIW? The whole point of that visa route is that his skills are so needed in the US, but that he doesn't have time to go through labor cert etc. 

 

 

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Filed: Citizen (apr) Country: Jordan
Timeline
Just now, Cw1977 said:

Unfortunately that’s the answer to your question then I suspect. 
 

He would need that sponsor and the company has to prove why they need him over an American employee in order for him to get that

This is why I was interested in this NIW option.  He has been told by several that "we don't do those" but if he had a work visa without them having to do it, they would hire him.

07/19/12 - Married

Adjustment of Status from F-1 Student Visa: Day 00 - 07/20/12 - Sent I-130, I-485, I-765, I-131

Day 03 - 07/23/12 - Confirmation from USPS that package was received in Chicago - signed for by D Colonna

Day 11 - 08/03/12 - Acceptance confirmation texts and emails

Day 14 - 08/06/12 - Checks cleared

Day 18 - 08/10/12 - Received biometrics appointment notice (dated 08/06/12 for appointment on 08/30/12)

Day 22 - 08/14/12 - Completed biometrics via successful walk-in at Columbus, OH office (We were the only ones there!)

Day 25 - 08/17/12 - Received NOAs

Day 36 - 08/28/12 - Notice via text of interview on 10/02/12

Day 38 - 08/30/12 - Received interview notice hard copy

Day 65 - 09/24/12 - Notice via text of I-131 approval

Day 71 - 10/02/12 - Interview

Day 71 - 10/02/12 - Text messages of APPROVAL of I-130 and I-485 - Card in Production

Day 78 - 10/09/12 - Received Welcome Notice

Day 80 - 10/11/12 - Received Conditional Green Card

Removal of Conditions: Day 00 - 07/07/14 - Sent I-751

Day 03 - 07/10/14 - Confirmation from USPS that package was received in California

Day 07 - 07/14/14 - Check cleared

Day 07 - 07/14/14 - Received NOA (dated 07/10/14)

Day 14 - 07/21/14 - Received biometrics appointment notice (dated 07/17/14 for appointment on 08/01/14)

Day 18 - 07/25/14 - Completed biometrics via successful walk-in at Columbus, OH office (We were the only ones there...again!)

Day 38 - 08/14/14 - Text message of APPROVAL of 1-751 - Card in Production

Day 43 - 08/19/14 - Notice via text indicating card has been mailed

Day 44 - 08/20/14 - Notice via text with USPS tracking number

Day 46 - 08/22/14 - Received Permanent Green Card

Naturalization: Day 00 - 08/21/15 - Sent N-400

Day 03 - 08/24/15 - Confirmation from USPS that package was received in Arizona

Day 07 - 08/28/15 - Check cleared

Day 10 - 08/31/15 - Acceptance confirmation text and email

Day 14 - 09/04/15 - Received NOA (dated 08/28/15)

Day 24 - 09/14/15 - Received biometrics appointment notice (dated 09/05/15 for appointment on 09/21/15)

Day 28 - 09/18/15 - Completed biometrics via successful walk-in at Columbus, OH office

Day 32 - 09/22/15 - Notice via text and email indicating in line for testing and interview

Day 35 - 09/25/15 - Notice via text and email indicating interview is scheduled

Day 41 - 10/01/15 - Received interview appointment notice (dated 09/28/15 for appointment on 11/03/15)
Day 73 - 11/03/15 - Interview

Day 74 - 11/04/15 - Text message of APPROVAL of N-400 - Oath Ceremony Scheduled

Day 75 - 11/05/15 - Received Oath Ceremony appointment notice (dated 11/04/15 for appointment on 11/17/15)

Day 87 - 11/17/15 - Oath Ceremony - US CITIZEN

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6 minutes ago, mymarriagejourney said:

He would easily find a job if he was in the US and already had work eligibility.  There seems to be a shortage of computer science professionals.  He has a lot of experience.  I can direct him to ask an attorney to ask if they think he qualifies if this is not a DIY process like my husband's immigration.

 

Definitely not DIY! Much tougher than a spouse visa which is very much a tick box exercise. Unlike a spouse visa where if you meet the criteria you should be approved, an employment based visa without a job offer will be very subjective and dependent on the visa officer. He'll need to have a really good case compiled - mine was over 400 pages long (FWIW, it included proof of almost daily contact from recruiters or companies on my LinkedIn profile asking about hiring me in the US, to show the demand for my area of specialism there). So definitely contact a couple of lawyers with lots of experience of EB IV's, and they should be able to tell him his chances. 

 

Good luck to him. 

Edited by appleblossom
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Just now, mymarriagejourney said:

This is why I was interested in this NIW option.  He has been told by several that "we don't do those" but if he had a work visa without them having to do it, they would hire him.

Understood. I can see why you’re keen to explore every option. 
 

However as I say, it doesn’t sound like he qualifies for NIW though from what you say. 

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Oh, and I would suggest you edit your post with his Linked In details in - you may have taken his name out, but it brings his profile straight up! Does he have his profile set as open to work with the US as the location? 

 

And looks like his most recent publication was a decade ago? So that's no good. He'll need much more recent publications if he wants to use those as evidence.

Edited by appleblossom
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Filed: Citizen (apr) Country: Jordan
Timeline

Ugh.  can't find an edit button.

07/19/12 - Married

Adjustment of Status from F-1 Student Visa: Day 00 - 07/20/12 - Sent I-130, I-485, I-765, I-131

Day 03 - 07/23/12 - Confirmation from USPS that package was received in Chicago - signed for by D Colonna

Day 11 - 08/03/12 - Acceptance confirmation texts and emails

Day 14 - 08/06/12 - Checks cleared

Day 18 - 08/10/12 - Received biometrics appointment notice (dated 08/06/12 for appointment on 08/30/12)

Day 22 - 08/14/12 - Completed biometrics via successful walk-in at Columbus, OH office (We were the only ones there!)

Day 25 - 08/17/12 - Received NOAs

Day 36 - 08/28/12 - Notice via text of interview on 10/02/12

Day 38 - 08/30/12 - Received interview notice hard copy

Day 65 - 09/24/12 - Notice via text of I-131 approval

Day 71 - 10/02/12 - Interview

Day 71 - 10/02/12 - Text messages of APPROVAL of I-130 and I-485 - Card in Production

Day 78 - 10/09/12 - Received Welcome Notice

Day 80 - 10/11/12 - Received Conditional Green Card

Removal of Conditions: Day 00 - 07/07/14 - Sent I-751

Day 03 - 07/10/14 - Confirmation from USPS that package was received in California

Day 07 - 07/14/14 - Check cleared

Day 07 - 07/14/14 - Received NOA (dated 07/10/14)

Day 14 - 07/21/14 - Received biometrics appointment notice (dated 07/17/14 for appointment on 08/01/14)

Day 18 - 07/25/14 - Completed biometrics via successful walk-in at Columbus, OH office (We were the only ones there...again!)

Day 38 - 08/14/14 - Text message of APPROVAL of 1-751 - Card in Production

Day 43 - 08/19/14 - Notice via text indicating card has been mailed

Day 44 - 08/20/14 - Notice via text with USPS tracking number

Day 46 - 08/22/14 - Received Permanent Green Card

Naturalization: Day 00 - 08/21/15 - Sent N-400

Day 03 - 08/24/15 - Confirmation from USPS that package was received in Arizona

Day 07 - 08/28/15 - Check cleared

Day 10 - 08/31/15 - Acceptance confirmation text and email

Day 14 - 09/04/15 - Received NOA (dated 08/28/15)

Day 24 - 09/14/15 - Received biometrics appointment notice (dated 09/05/15 for appointment on 09/21/15)

Day 28 - 09/18/15 - Completed biometrics via successful walk-in at Columbus, OH office

Day 32 - 09/22/15 - Notice via text and email indicating in line for testing and interview

Day 35 - 09/25/15 - Notice via text and email indicating interview is scheduled

Day 41 - 10/01/15 - Received interview appointment notice (dated 09/28/15 for appointment on 11/03/15)
Day 73 - 11/03/15 - Interview

Day 74 - 11/04/15 - Text message of APPROVAL of N-400 - Oath Ceremony Scheduled

Day 75 - 11/05/15 - Received Oath Ceremony appointment notice (dated 11/04/15 for appointment on 11/17/15)

Day 87 - 11/17/15 - Oath Ceremony - US CITIZEN

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