i751 pending since 2006 i wanna file N400

[tumbin 0]

wanna file n400 now my i751 is pending since april 2006 (TSC) married with a us citizen, i heard if i file n400 do you think on my interview on a n400 they can approve my i751 , and another thing do should i take my with me on the Interview, And last thing should i E-File or mail it.

[tiffaney 0]

wanna file n400 now my i751 is pending since april 2006 (TSC) married with a us citizen, i heard if i file n400 do you think on my interview on a n400 they can approve my i751 , and another thing do should i take my with me on the Interview, And last thing should i E-File or mail it.

Have they given you a reason why they haven't given you a response on your I-751? I have also been waiting since early 2006 for I-751 approval (NSC) so I wrote them a letter inquiring about the delay. NSC wrote me back and gave me a new 13 digit reference number - it's a special number for those who are beyond the normal processing times and said to keep waiting. Also, they said you can schedule an infopass appointment and get a second extension letter to allow for travel if your first 1 yr extension letter is expired (which mine is).

[Jasman0717 8]

Why so long? Maybe you should do an info pass

[mawilson 2,133]

I say file it!

N-400 approvals are not instant, and hopefully by the time they get around to

processing your N-400, the I-751 will have been approved!

Worst case scenario, they will return your N-400 and you will have to start

again when your I-751 is approved.

[lucyrich 19]

I say file it!

N-400 approvals are not instant, and hopefully by the time they get around to

processing your N-400, the I-751 will have been approved!

Worst case scenario, they will return your N-400 and you will have to start

again when your I-751 is approved.

Actually, this used to be common, when the typical backlog for the I-751 was longer than it currently is. They don't return your N-400. The N-400 forces adjudication of the I-751. IOW, the N-400 adjudicator has to dig up your I-751 paperwork and issue a decision on it before the decision on the N-400 can be made. There used to be stories of them both being approved at the naturalization interview. Filing the N-400 is actually one way to get them to speed up a stalled I-751.

But the practical advice is the same. You can file that N-400 as soon as you're eligible, whether or not the I-751 is approved.

And it IS worth investigating why the I-751 is taking so long. That's not common these days.

[tumbin 0]

No they have not gave me anyreason yet i called them 50 times already they said we e-mailed them and find out whats happening with you case. my attorney send them a inquiring letter but the responce was case is pending, so i went to Ins office got my passport stamped for 6 months now which is expiring in november. so i guess no choice but to apply a N400.

Have they given you a reason why they haven't given you a response on your I-751? I have also been waiting since early 2006 for I-751 approval (NSC) so I wrote them a letter inquiring about the delay. NSC wrote me back and gave me a new 13 digit reference number - it's a special number for those who are beyond the normal processing times and said to keep waiting. Also, they said you can schedule an infopass appointment and get a second extension letter to allow for travel if your first 1 yr extension letter is expired (which mine is).

[tumbin 0]

thanks for the Advice Gus and girls, i am fixing to apply end of this month so i will update you all, this is site is full of knowledgeable people.

so thats why i came here and heard the same too that they will speed up my case after filing N400 i hope that works.

I say file it!

N-400 approvals are not instant, and hopefully by the time they get around to

processing your N-400, the I-751 will have been approved!

Worst case scenario, they will return your N-400 and you will have to start

again when your I-751 is approved.

Actually, this used to be common, when the typical backlog for the I-751 was longer than it currently is. They don't return your N-400. The N-400 forces adjudication of the I-751. IOW, the N-400 adjudicator has to dig up your I-751 paperwork and issue a decision on it before the decision on the N-400 can be made. There used to be stories of them both being approved at the naturalization interview. Filing the N-400 is actually one way to get them to speed up a stalled I-751.

But the practical advice is the same. You can file that N-400 as soon as you're eligible, whether or not the I-751 is approved.

And it IS worth investigating why the I-751 is taking so long. That's not common these days.

[Feliz 0]

thanks for the Advice Gus and girls, i am fixing to apply end of this month so i will update you all, this is site is full of knowledgeable people.

so thats why i came here and heard the same too that they will speed up my case after filing N400 i hope that works.

My case is pending since October 2006 due to my absence out of country and after this discussion i also plan to file N400 when i become eligible mid October 2007, so let's keep in touch! I hope there's light in the end this long immigration tunnel!

[jandalg 0]

We were interviewed in Atlanta, GA for our n400 in November 2005. My husband took the English and History test, passed both. Our Attorney was with him while I waited outside. Originally our notice from USCIS said they will interview us for the I - 751 AND the N-400. When the n400 interview was over, the uscis officer said he could not make a decision on the n400 because the FBI namecheck did not come back yet and he is not qualified to interview for the i 751 and neither was no one else there that day and for us to wait for another letter from USCIS to come back for the i 751. It's been two years and no letter to come back for the i 751 came from USCIS. During the last two years we contacted our Senator (who wrote but couldn't help us, he got the same answer as us and was told the i 751 is still pending), we contacted the USCIS ombudsman at Homeland Security and he couldn't help us and we went to the local USCIS office here in Atlanta, Ga 3 times since 2005 only to be told different things:

1 - the FBI namecheck is not back and USCIS does not follow up on it for no one (we tried but the FBI does not entertain us because we did not request the namecheck from the FBI) and our i 751 case is pending...

2 - the n400 and the i 751 is combined into one file and for us to continue waiting for a letter from the USCIS to come in for the i 751, and then they will make a decision on the n400, so our cases are still pending and to just continue waiting, there is nothing they can do for us also until the FBI namecheck comes back,...

3 - we were told we did interview for the i - 751 and the n400 but no decision will be made until the FBI namecheck comes back so our cases are still pending and to continue waiting until the FBI namecheck comes back and the USCIS will send us a letter telling us to come back for the i751 and n400 intervies.

To make a long story short, if you got interviewed for your n400 and they did not remove the conditions of marriage before the interview whether or not the FBI namecheck came in or not... take the USCIS to court (with a lawyer)! After the n400 interview, you are given a paper saying in very small type at the bottom of the paper that it is a law that "within 120 days after the n400 interview a decision MUST be made!!!!!"

So let's hope they do interview you for the n400 (hopefully they will also give you the English and history test which helps everything... or be ready to do it in court) then after 120 days you can take them to court.

When you file (with your attorney, don't do this alone) the USCIS will have 60 days to respond. Normally, close to the 60 day mark the USCIS will ask for another 60 days extension to prepare the case (always granted) and when they show up in court, especially without an FBI clearance the judge may either tell them to give you your citizenship (provided you had nothing stopping you like you didn't file an important application with the USCIS or some other dumb thing) OR tell them they have so many days to decide in your favor under the watchful eye of the court.

This argument in court has been very successful in granting US citizenships all around the country.

We are close to the first 60 days and waiting right now. Good luck to all and hope for an n400 interview as soon as possible.

jandalg

[noone 0]

Wow, what a crazy story jandalg. I can not believe you went through all of that. Good thing to know though that the court can actually do something about it, I never knew that. Also, how long it took you to do your AOS? I always thought that long pending FBI checks are connected with I-485 not I-751, obviously that's not the case.

[James 2]

Wow, what a crazy story jandalg. I can not believe you went through all of that. Good thing to know though that the court can actually do something about it, I never knew that. Also, how long it took you to do your AOS? I always thought that long pending FBI checks are connected with I-485 not I-751, obviously that's not the case.

They're called petitions for writ of mandamus. If say, your I-751 is in USCIS bureaucratic limbo, your lawyer can file one and you'll generally have your I-751 approved within about four months if it's just a case of USCIS dithering. Note that the court doesn't necessarily have anything to do with it -- it's just the USCIS not having a leg to stand on in any response to the petition. So they cave and adjudicate the petition and the case is then dismissed by stipulation.