geff44

On 6/5/2019 at 4:15 PM, Jimbo09 said:

My wife's N400 case updated with the oath scheduled for 6/19 and the green card is on the way.  Would there be an issue with the green card doesnt arrive in tiem and she just turn in her expired green card?  So glad this journey is coming to an end soon....

Not an issue at all.  During the oath ceremony they will take your wife's conditional green card.  

My wife has an oath taking today and we will get an expedited US passport for her after she gets her naturalization certificate.  She wants to take up my last name.  Has anyone experience to use their married name instead of their maiden name on their US passport but naturalization paper shows her maiden name?  Her marriage certificate still shows her maiden name too as well as on her conditional greencard.  My wife requested on her N400 application a name change, that is to use my last name .During the N400 interview the IO told her USCIS can only use  name it appears on the marriage certificate eventhough she requested a name change.  Here in the San Jose office they have stopped judicial oath taking so the only way to get a name change is thru our country court. TIA.

On 5/11/2019 at 9:03 AM, Cam54 said:

Sooo I didnt realise my husband had to be with me for my interview and he was 60 miles away watching our baby so I got rescheduled, any idea if I can bring my baby? I'm already frustrated that we are gona lose work pay to attend another interview so I'd rather not have to pay for a sitter too.

During my wife's interview on joint I 751/N400 my two year old son was with us. He still breastfeed and also he is a very active little one.  During the interview the USCIS officer allowed all three of us into her office.  She was very accommodating even when I was hinting if I should take out my son from her office once we  were done with the I 751 part.  She said she is fine for us to stay. Anyway  she had no problem that we stayed on the room for both the interviews.   My wife even breastfed my son right in front of the officer (my wife uses a cover for breastfeeding when in public) and she was OK with it.  During the N400 part of the interview to lessen any distraction I carried my son close to the door while my wife sat in front of the officer.  We were out of her office in less than 20 minutes.  No issues whatsoever.  The people at the local San Jose office thought my son was adorable.  These are people too who have families and do understand how it is to have a baby/toddler.  But anyway this was just our experience so YMMV.

3 hours ago, LeoFromBR said:

Good to know. Presumably, they would have left a voice mail or called again to reschedule the I-751 interview.

 

How many days before the interview did they call to reschedule?

My wife's original N400 interview was Feb 2019.  However due to her pending I 751 they cancelled the N400 and rescheduled a combo I 751/N400 interview last April 2019.  Local USCIS office called a month before the rescheduled interview date.

21 hours ago, LeoFromBR said:

Does USCIS ever contact via phone calls?

 

I have the habit of ignoring any unknown numbers since I started receiving lots of scammy phone calls in the last year. If there's a chance USCIS might contact  via phone, I would like reconsider my old habit...

My wife got a call from our local USCIS office to let her know that they were scheduling her I 751 interview.  At first when I picked up the cell phone I thought it was a telemarketer  coz it says Unknown caller which I have a habit of hanging up. But seeing the last 4 digits of the number ending in all 0's  calling from our local area code   prompted me to  pick up the phone. 

2 hours ago, IsabelleFredrick said:

Please could someone give me a detailed list of what docs to take to my interview, for financial stuff. 

My fiance (USC) has sent me income tax return summary pages for last 3 years (6 pages total), and i134.

 

Which of these do I also need to take:

Full income tax returns

w2 (he's employed)

letter of employment

bank statements

Tax transcripts

 

I need to know what to get from him, as I have  heard what I have is insufficient? Now Im getting bits from different people.

 

These are the financial documents we brought with us during my fiancee's interview  when we were at the K1 stage : 3 years of IRS transcripts, my employment letter that shows my annual salary and length of employment writen on the company's official letter, summary of my bank accounts for the last two years, W2's.During her interview at the Manila embassy non of the financial documents were asked. As have been said as long as your fiance is  125% above the US set poverty level , financially this will not be an issue to the USCIS. . I think you have enough financial documentation to bring with you at the US embassy. YMMV.

When we filed for my wife's N400 back in May 2018 (online filing) the estimated completion time was at 10 months . Her first N400 interview was set for Feb. 2019. However due to her pending I 751 they had to move both interviews in April 2019 at the San Jose USCSI office.  Both I751 and N400 was approved April 2019. Now she got her oath taking letter  a few days after her N400 application was approved and  oath scheduled for May 2019.  On her online account this still shows up :

13 hours ago, Tunisian_tunisia said:

as of evidences i have:

2 cars joint insurance

1 joint car title

3 bank account statements (2 checking and 1 savings)

1 statement from the hospital showing me as a parent for my step kids 

1 release of information form from the hospital (a form stating that the hospital can release my wife's medical information for me and vice versa)

1 joint lease and history of payment for the one and only apartment we rented since 2017

daycare and school papers showing me as a the emergency contact for my step kids

pictures together and with family and the kids

some mail for both of us showing same address

i recently purchased a credit card and i added my wife as an authorized user (2days ago) by the time i file for Roc i'll probably have two statements under both names

2017+2018 tax return jointly filed

statement showing my wife as my emergency contact at work and at the hospital 

is this enough ? because i'm not really ready to buy a life insurance at this point

on more thing does any of these documents need to be notarized ??

Life insurance is not necessary for the filing. We filed my wife's AOS without one . USCIS did not look for it. I would add your DMV issued license or ID of both of you showing a common address. Any 401K or retirement from work showing your wife as a beneficiary?  Any other utility bills you can show them both your names?  What about cell phone bills that can show both of you on the account?

6 hours ago, Trishalyn said:

we live together with my sister in law, the contract of lease was named to my sister in law and my hubby with quote “live together with wife and children”, but my name was not put in there. Is that okay? 

 

And also my hubby have a bad credit so there’s no way we can get phone line under our name (we got under my sister in law), car insurance also under my uncles name. 

 Do you at least share or rent a room from your sister in law?  Do you share phone line with her too and pay your share for the line?  Do you share for the car insurance?  Although they are not under your name have them write an affidavit that is notarized  explaining your living arrangement  with both of you and hubby names on it plus whatever monthly amount you pay and the length of time .  

6 hours ago, Good boy said:

Hi Everyone, I have been following this thread for long time so here is my experience about today n400 interview. 

  So me and my wife went to interview today morning for n400 with pending i 751 . IO decline to take my n400 interview and told me to come back june for my i751 interview. I was hoping combo interview but he said they don’t have IO for i 751 interview so I could not able to do my interview today. So i am again on waiting game.

 So i have question, Do anyone else had same experience? Should I worried? Or its just normal ?  Thank you and plz reply me back

My wife had the same experience as you.  She was originally scheduled for N400 interview last February.  We showed up thinking it would be a joint I 751/ n400 interview.  However we were told they could not do the N400 interview with a pending I 751. We were told further that they will notify us within 90 days of the I 751 interview then N400 will follow since different officers will perform the interview.  In mid March we got a call from our local USCIS office (San Jose) that they are scheduling my wife's I 751 interview  in April  I should  be present . There was no mention of the N400 however. So we thought it would delay it farther.

A week before her I 751 interview we got NOA  that they will also conduct the N400 on same day as the I 751.  Fast forward on the day of her interview: both I 751 and N400 conducted by same officer . Done within 20 minutes.  She passed both interviews and was approved.  Hang in there you're almost done.  Good luck.

1 hour ago, MAXX1 said:

My I-400 interview is next month based on 3 year rule K-1 visa. We have not had an interview since initial K-1 in Cambodia. No RFE's. Just waiting time.. No letter requesting my husband to attend but he will be there anyway. What should we expect? Thanks

It is hard to tell what to expect. It seems to be case by case basis, varies from one local USCIS office to another or even from interviewing officer. From what I have gathered in this forum these scenarios could happen.  a) it can be a combination I 751 and N400 interview  b) they can interview you for the N400 but  not approve it until they decide on your I 751 c) postpone the N400 for a latter date so they can do a combination I 751/N400 interview. My wife who also entered the US as a K-1 had her original N400 interview moved to another date since her I 751 was pending.  It is good that you are bringing your husband with you.  Also be prepared to bring additional evidences that you can add on your I 751  case after you have submitted your application just in case the immigration officer ask you to present additional proof of co-mingling.  Good luck.

3 hours ago, VanDerFran said:

Hello guys,

 

In the State of Florida a Marriage Certificate does not print the name the spouse or spouses wish to change to,  it is up to each person to change where they want and when they want. like SSA, DMV, etc...
 

So this make me question what Last Name to use on AOS, AP and EA forms (i.485, i.131, i.864 and i.765)?

 

Any Florida filler and other state with similar situation ?

Thanks

 

It is the same thing in New Jersey . Our marriage certificate has my wife's maiden name written on it . She was able to use my last name on her SS card, DMV, IRS but when we filed for forms I 485, I 751 and eventually N400 my wife used her maiden name since we thought we had to follow what was written on the marriage certificate and her Phil passport.   If we had known at that time that it was OK to use my last name we would have  avoided the hassle that we are facing right now.  My wife recently passed both I 751 and N400 interviews.  On our N400 form we requested  a change of name (i.e. my wife to use my last name) . However we were told by the interviewing IO,  in Santa Clara county , Ca, they don't have any judicial oath taking so if my wife wants to take up my last name on her nat cert we have to go thru  the local court first then re apply for a new naturalization certificate ($$$) . She still can use my last name on the other legal documents per the IO . However  for  her naturalization certificate it will have to be whatever is written on the marriage certificate as this is the document that USCIS will follow.

7 minutes ago, Se&Se said:

yeah I mean we are going to do this after 90 days period where technically out of status but married within the 90 days?

Since you are doing this past 90 days after marriage yes technically you are out of status.  I am assuming by this time you have filed or will file for the adjustment of status to permanent residency. If you have not do it ASAP to protect your status of stay in the US.  You might also want to apply for the EAD card together with your I 485 if you want to work.  Once you get a receipt from USCIS on your pending adjustment go to your local SSA. Bring the NOA of the adjustment and EAD if you applied for one, your passport with K1 stamped on it and marriage certificate.  You should be able to apply for the SS card and use your husband's last name.  

2 minutes ago, Se&Se said:

Getting documents ready...want to change my last name into husband own after 90days at social security office...Will there be any problems since the 90 days status is over?

My wife did not have any problems using my last name after we got married both at the SSA and DMV.  Make sure to bring your marriage certificate to show your proof of marriage.

On 4/21/2019 at 1:06 PM, Becci391 said:

Do we have to send in monthly bank statements?

I'd rather send in quarterly statements than one from every month.

Also after we got married I opened my own bank account but we opened a joint savings account My husband did not add me to his checking account until a few months after.

Do we send in those separate statements too or just the ones from the joint checking and savings account?

We sent quarterly on both of our checking and savings accounts.  It was too  bulky if it was monthly since our banking joint account  spanned  over two years  from the time we got married till the time we sent for the lifting of conditions. Aside from the bank account we sent other evidences to prove our financial co-mingling.

23 minutes ago, LeoFromBR said:

Hi geff44,

 

Thank you for sharing your experience. Your "wasted day" is essentially what I would like to avoid. It seems like it would be on USCIS's best interest if there was a mechanism to "remind" them that both applications are in their possession and both should be going to the same office for the purposes of the interview.

 

I mean, the system is already so slow because of the sheer amount of applications... It would be nice to avoid these "clerical slip-ups", but if the majority advocate calm and patience, then I shall follow those suggestions. 

 

Having said that, would it make sense for me to contact USCIS solely based on the fact that my I-751 is outside normal processing time? (The last update on my I-751 was a transfer to Lee's Summit in December 2018).

I have a feeling yours could be a combo interview. Have a wait and see attitude.    The only field office I have read in this forum anyway  that had to  postpone the N400 interview  if the I 751 is pending is the San Jose USCIS office.  Of course this is such a small sample to conclude so it could or might not ever  happen to any other local office.  

On 4/16/2019 at 4:44 PM, Henry5555 said:

Can someone who included their 2 years old baby's birth certificate (showing both parents names) when filling i-751 still receive a RFE letter?

As what have been already advised you should send additional evidences that shows both of you have a strong relationship . Financial records should show both of your names on it.  We have a two year old son who was born at that time a month before we filed for my wife's conditional greencard.  We submitted my wife's application for I 751 not just with son's birth certificate that showed both of our names as parents. We had the following documents sent with the application : 

1. three years of IRS tax transcript with both our names appearing on it.

2. Both our DL and state ID with common address

3. Quarterly statements from our bank since we got married that showed both of our names and address

4. Lease copy from previous apartment we lived with both our names

5. Current house rent with both of us on it notarized by the owner attesting for us

6. Our son's birth certificate with our names on it.

7. Wireless phone bills showing my wife cell phone included on our bill

8 Credit cards statement showing my me and my wife's name on it

9. Medical and dental insurance from work with me, my wife and son showing as members on it

10. 401k. other investments showing my wife and son as my beneficiaries

11. Various pictures were also presented to show all travel we made since she first came to the USA in 2014.

12. Pictures of me and my wife in chronological order from the time we found out she was pregnant until our son's first birthday

13. Attestation letter from family members (notarized) that we are married.

14. copies of our passport 

15. My divorce certificate from previous marriage

16. Our marriage certificate.

17 utility bills with both our names on previous apartment

18 a printout of my work's beneficiary page with my wife and my son's name appearing as beneficary for accidental as well as disability insurance offered at work

We did not get any RFE but instead my wife was called for an interview recently. I don't know if our financial evidence was strong enough or applying for N400 triggered the I 75 interiew. We were already interviewed during the adjustment of status phase so were thinking that they would just approve the conditional removal and give us the 10 year green card.  During the interview on the I 751 part  inspite of my son's presence, the interviewing officer did not just say I am approving you on the spot. She asked if we wanted  to present additional evidence that could help our case.  We were ready though coz I already gathered additional proof of our relationship that spans the almost two years we waited for the lifting of conditions. What I showed her was a photo  album with both of us that has over 100 pictures which she peruse and seems satisfied with what she saw. After that she approved the GC.  The bottomline:  be prepared and present your case as strong as possible.  There is no one proof that can satisfy USCIS . You must present as much evidence related to your case.  Good luck.

18 hours ago, LeoFromBR said:

Hello everyone,

 

I have been scheduled for a N-400 interview next month while my I-751 is still pending (filed April 2017, or 2 years ago!). 

 

Although I don't mind waiting (I understand this process takes long for everyone), I am worried that if I show up for my N-400 interview without a resolution on my I-751, neither application will move forward. How can I ensure this will not be the case?

 

I want in the very least my I-751 application to move forward. How can I contact a USCIS/Field Office to explain my situation? I tried to do it over the phone, but all the Operator said is that the Agent will make a decision on the day of my N-400 interview. This seems odd since I'd hate to waste their time. There must be a proper course of action to avoid this.

 

Any thoughts?

 

I want to share with you my wife's experience on her I 751/N400 journey. Just be aware and if ever this happens to you don't get stressed out like we did.  Originally she was set for an interview date of Feb 2019 just for N400.  Her I 751 at this point was already transferred back on Dec 2018 to Lee's Summit then to a new office per USCIS online updates.  She also got a notice letter about this.  We were thinking at that time our local USCIS office will be conducting a combination I 751/N400 interview.  However when we arrived and our turn was called (after 1 hour of waiting), the officer told us they have to reschedule her interview to another day, but within 90 days. They could not proceed with the N400 since the I 751 was pending.  The next time it would be I 751 first followed by N400.  I was specifically told to come with my wife for the I 751 portion. She further said two different officers will conduct the interview.  We left the building unhappy .  At this time due to delays we already experienced, we were not expecting them to reschedule the interviews within 90 days. . We were hoping the least they could have done was proceed with the N400 interview then wait for the I 751 to adjudicate before approving the N400.  I wasted a day off from work just to be sent home empty handed.

By mid March 2019, my wife got a call from the  local USCIS office that they are conducting her I 751 on April 15.  There was no mention of N400 even with the email letter they sent her.  When we received the official NOA for the interview it just said I 751 to be conducted at their AOS unit.  We were alarmed since we don't know what's going to happen now to the N400.  Will it be schedule several months later after the adjudication of  I 751 or will they conduct it same day? Or worse case scenario just get lost in limbo?  I wrote USCIS about the N400 but never got a response back.  A week prior to my wife's I 751 interview we got got NOA letters from USCIS: one letter stating they have cancelled the original interview for the N400 and one NOA for the new interview date of April 15, an hour after they conduct the I 751 .  On April 15 her interview was conducted by same officer for both I 751 and N400.  She passed both and now she has a schedule for oath taking. We're happy that this journey is over. 

I don't think our case was an isolated one.  On the same USCIS office ( San Jose) there were two other cases with the same issues.  Hopefully my wife's experience this will shed some light and help others. YMMV.  Good luck.

2 hours ago, labangela said:

I am the petitioner (US citizen) and my husband is waiting for his interview for N400 and also I751 (which we have no updates about). I am planning to go for a 3 month trip for my fieldwork (I am a PhD student) so wasn't planning to be around when my husband does his interview(s). Is that a problem? I have heard nothing from USCIS about both having to be there for the interview so had assumed I wouldn't need to be there but... should I plan to fly back once the interview date is set? Thanks in advance.

If you can be with him during the interview it will be a moral boost and might also help strengthen his case. Your present is not a requirement unless specified but If I were you should be present. 

On 4/19/2019 at 5:08 PM, Dzenana said:

n have N400 interview on May 9th. NOA doesn’t mention anything about I751, which is pending from March 2018 (received to local office), no RFE, no transfer. 

- I called USCIS two times, they don’t see anything. I asked how come there is no info about I751, when I have N400 interview, she told me it all depends from the officers who will interview me, and “those are two completely different cases”. Thank you, I knew that 🙄🙄

When my wife received her N400 interview letter back in February there was no mention of the I 751 either . However we did get a letter in Dec 2018 that her I 751 was transferred to Lee's Summit then online it said   transferred to a new  office. Previously it had been  to the local office  since Feb 2018! We showed up for her Feb interview for the N400 but they had to reschedule a new interview this time for both I 751 and N400 within 90 days since they cannot conduct the N400 without I 751 being approved. Furthermore she told us it will be different officers who will do the interview and the spouse(American Citizen) should come during the I 751 interview.  Fast forward April 15 during her updated interview for the joint I 751 and N400 , same officer conducted the interview.

If I were you during  the interview bring the spouse with you (the petitioner) in case they conduct a combo I 751 / N400. Good luck.

16 hours ago, Vera Vera said:

I'm married and I have a conditional green card for two years.  I'm unemployed, my husband has a good salary.  Joint tax return, joint bank account, bought two cars during the marriage.  But we don't  have mixed finance, because I have no income, I spend my husband's money.  How it may affect the removal of conditions?

Thanks 

My wife has not work since she came to the US and it is really a non issue for USCIS.  As long as you submit a strong proof of co-mingling you should be alright. She recently passed her I 751 interview as well as US citizenship .  These are what we have submitted on the conditional removal stage application : 3 years of tax transcripts (joint filing), joint bank accounts , joint credit card statements, my 401 K and other investments showing her as my beneficiary, our house rental with both our names certified by the owner, both our driver and dmv id showing same address, both medical and dental insurance from work showing her included on it, some photos of us together on trips that we took as well as pictures with family member, our son's birth with both of our names as parents showing on it. During the I 751 interview we were ask if we wanted to present additional evidence.  We brought with us an album with more than 100 photos taken after the I 751 application was submitted.  The officer was satisfied at this point and told us she is approving her I 751.  Good luck.

3 hours ago, Ontarkie said:

 

 

She is already using her married name. During the N400 you did not need to do a name change, but you screwed up by not using her married name on the forms. No big deal it's nothing to stress over. 

 

Here's why- When someone changes their name by marriage they don't actually change their legal name. The law allows it to assume the spouses last name as another legal name. Now if you went through the courts to change her name to your married name you are legally changing the name she was given at birth. If she was the USC she would then change her birth certificate. That is not your goal. At least not from what I have read in your post so far. You want her to have your married last name in her US Passport. No problem apply for the passport in her married name and show the marriage certificate with her social and DL using the new last name. 

 

So stop thinking you need to do a court name change it's not the same thing as assuming the spouses last name. 

I wished we have known that it is OK to use her married name on both the I 751 and N400 applications!  I was just afraid that her Philippine passport was still using her maiden name so I thought we should follow whatever it says .  And our marriage certificate has her maiden name too since that's what the county where we used to reside in New Jersey required on the certificate.

1 hour ago, sind27 said:

Wow  that is good God Is good, why you were in the interview with her? Where was that??

I was with her because of the I 751 application. We were  told by the USCIS officer when we got reschedule for the N400 to be present when they do the I 751 interview.

1 hour ago, littleitaly said:

congrats! Thanks for the detailed walk through of the process. Very helpful! I am a joint filler too. Which office did you file? I was told they will do mine a combo. 

Thanks.  San Jose field office. Good luck  on your interview.