N400 Withdrawal and Reapply

[TBoneTX 47,924]

4 hours ago, JD2 said:

file 90 days early but recommended we wait a couple business days after that date to be safe

This has been the recommendation here, up to now.

[ManefMelissa 29]

14 hours ago, JD2 said:

So I emailed a local attorney asking for a quote on my spouse's upcoming N-400 and also I asked when can she file.  I gave the date of our marriage, the date she got her GC and the date we started living together (same as GC date).  The attorney said we can file 90 days early but recommended we wait a couple business days after that date to be safe.  I'm pretty sure I gave them all the info needed to tell us she should wait the full 3 years but I didn't want to bias their answer by telling them about these cases linked in this thread.

 

So it seems like even immigration attorneys are unaware of this.  I may send a follow up email but their prices are very high and I don't want to pay that much so I don't know if it's ethical to waste their time now.

Its tricky !

[appleblossom 4,894]

14 hours ago, JD2 said:

So I emailed a local attorney asking for a quote on my spouse's upcoming N-400 and also I asked when can she file.  I gave the date of our marriage, the date she got her GC and the date we started living together (same as GC date).  The attorney said we can file 90 days early but recommended we wait a couple business days after that date to be safe.  I'm pretty sure I gave them all the info needed to tell us she should wait the full 3 years but I didn't want to bias their answer by telling them about these cases linked in this thread.

 

So it seems like even immigration attorneys are unaware of this.  I may send a follow up email but their prices are very high and I don't want to pay that much so I don't know if it's ethical to waste their time now.

 

Sounds like a immi attorney that just isn't aware of the law. It's not like it's a new thing, they may be applying it more strictly now but it's been in existence for a long time. I'd just ask them to clarify and say you thought you had to be living in marital union for 3 years so couldn't file early, and see what they say. 

Edited August 24 by appleblossom

[ManefMelissa 29]

4 minutes ago, appleblossom said:

 

Sounds like a immi attorney that just isn't aware of the law. It's not like it's a new thing, they may be applying it more strictly now but it's been in existence for a long time. I'd just ask them to clarify and say you thought you had to be living in marital union for 3 years so couldn't file early, and see what they say. 

The policy is very clear about it and and Im seeing applicants got denied for that marital reason , so this is what I request them to withdraw my case and I will reapply again clean and fresh the point is that I want to reapply asap to be ahead of any test change or any stupid things they can do

[Rhema1 392]

4 hours ago, ManefMelissa said:

The policy is very clear about it and and Im seeing applicants got denied for that marital reason , so this is what I request them to withdraw my case and I will reapply again clean and fresh the point is that I want to reapply asap to be ahead of any test change or any stupid things they can do

Yeah, your concerns are very correct.

Hope you will get your withdrawal as quickly as possible for you to able to send  the new form.

But don't send it until the former one is cleared.

My thoughts in all this is that, once an officer wants to give you hard times with your interview, that's where he starts considering those facts. There are also many people who have gotten their N-400 approved with cases as yours without any problems and withdrawals.

Some officers are more procedural than others. That's my thoughts on that.

 

[ManefMelissa 29]

19 minutes ago, Rhema1 said:

Yeah, your concerns are very correct.

Hope you will get your withdrawal as quickly as possible for you to able to send  the new form.

But don't send it until the former one is cleared.

My thoughts in all this is that, once an officer wants to give you hard times with your interview, that's where he starts considering those facts. There are also many people who have gotten their N-400 approved with cases as yours without any problems and withdrawals.

Some officers are more procedural than others. That's my thoughts on that.

 

Correct its walking over the glass situation also the USCIS cab trigger my new n400 application as duplicate and it cab be rejected which its easy to do for them those days , pray for me to get it done btw I asked my congressman and my senator to get involved so Im following up but still not enough cuz there is no withdrawal processing time I can track Please if you see any withdrawal cases to see how much it took let me know leaving the post links in here , thank you   

[Babu Frik 1,195]

I'm in the same boat,  ultimately we decided to wait it out knowing there's a very good chance of a denial.

A withdrawal request can take just as long,  they princely don't see it until they get your case. 

I saw a video where a lawyer said it took 8 months,  and that's with them correcting USCIS multiple times. 

 

I thought the site didn't let you file another one of the 1st one is still active. 

[ManefMelissa 29]

10 hours ago, Babu Frik said:

I'm in the same boat,  ultimately we decided to wait it out knowing there's a very good chance of a denial.

A withdrawal request can take just as long,  they princely don't see it until they get your case. 

I saw a video where a lawyer said it took 8 months,  and that's with them correcting USCIS multiple times. 

 

I thought the site didn't let you file another one of the 1st one is still active. 

Well I have tries everything with them , calling , send messages , chat with Emma , contacting my congressman but nothing make them do something , I dont know what Im going to do to reapply and if I will there is a big chance to get rejected as duplicate …. No sense at all

[Babu Frik 1,195]

9 minutes ago, ManefMelissa said:

Well I have tries everything with them , calling , send messages , chat with Emma , contacting my congressman but nothing make them do something , I dont know what Im going to do to reapply and if I will there is a big chance to get rejected as duplicate …. No sense at all

It's normal that it takes long unfortunately, and I don't think you can speed it up, that's why we just decided to wait, although the chances seem less than 50/50 for us now. The only upside being we won't have to wait for biometrics next time.

I haven't tried, but I had heard that if you try to submit another application online it doesn't let you if there's one active. I think you're doing the right thing though.

 

Here's the one video I saw about withdrawing. You can do the withdrawal through your account online though.

 

[ManefMelissa 29]

45 minutes ago, Babu Frik said:

It's normal that it takes long unfortunately, and I don't think you can speed it up, that's why we just decided to wait, although the chances seem less than 50/50 for us now. The only upside being we won't have to wait for biometrics next time.

I haven't tried, but I had heard that if you try to submit another application online it doesn't let you if there's one active. I think you're doing the right thing though.

 

Here's the one video I saw about withdrawing. You can do the withdrawal through your account online though.

 

I saw the video already I did check every possible information about the withdrawal process and timeframe its hole really its , and I did all what I can to process it correctly also I would do it cuz I don't want any denial in my record and yes the new application can be rejected as duplicate