afrocraft

You bet. There's no good way to say this, but please tell your friend not to attempt to hide the fact that her spouse is deceased. That would be material misrepresentation and grounds for denaturalization. Better to reapply under the 5-year rule.

Wow. That's harsh. Give her a hug for the rest of us. Here's what the USCIS Policy Manual says:
 
2. Loss of Marital Union due to Death, Divorce, or Expatriation
Death of U.S. Citizen Spouse
An applicant is ineligible to naturalize as the spouse of a U.S. citizen if the U.S. citizen dies any time prior to the applicant taking the Oath of Allegiance. However, if the applicant is the surviving spouse of a U.S. citizen who died during a period of honorable service in an active-duty status in the U.S. armed forces, the applicant may be eligible for naturalization based on his or her marriage under a special provision.

Has USCIS actually issued a formal request for evidence (RFE)? If so, post it here after redacting for privacy.
 
We weren't in the room to hear the testimony, but I think the request for marriage evidence is administrative overreach (since she's not claiming eligibility based on marriage) and I'd be surprised if USCIS actually makes that request in writing. The dates thing can be explained away as a simple error. But then again, we don't know what your friend said in the interview.

Surely one can imagine other similar documents that have just one name but are good evidence for marriage bona fides. Like:
Cohabitation: Official correspondence (including the envelope) from government agencies (e.g., IRS, SSA) addressed separately to each spouse Co-mingled finances: Separately owned financial statements with every-day transactions that go to same address, show sharing of financial responsibilities, and are explained in a cover letter Shared life experiences: Hotel reservation, obviously in one spouse's name, that support other travel bookings for joint trips Respectfully, your blanket don't-bother-with-stuff-with-only-one-name advice was not well thought through, and could hinder creative thinking by petitioners who lack routinely cited documentation.

Exactly. 
 
And with a previous denial on that very basis, he now has a giant bullseye on his back.

Uhm, I'm not sure about this. Driver's licenses with the same address are strong evidence of residence, but obviously bear only one name.
 
OP: Send whatever you have that shows 1) cohabitation, 2) co-mingled finances, 3) shared life experiences, and 4) planning for the future together, and that do so from marriage to the present. Those are the essential elements of a bona fide marital relationship. Use your cover letter or an "Evidence Guide" to explain any deviation from expectation. 

Uhm, I'm not sure about this. Driver's licenses with the same address are strong evidence of residence, but obviously bear only one name.
 
OP: Send whatever you have that shows 1) cohabitation, 2) co-mingled finances, 3) shared life experiences, and 4) planning for the future together, and that do so from marriage to the present. Those are the essential elements of a bona fide marital relationship. Use your cover letter or an "Evidence Guide" to explain any deviation from expectation. 

Based on OP’s posts, it seemed the denial was primary due to lack of evidences for  3-yr marital relationship and not on the legitimacy of LPR admission. If that’s the case, then going with 5 year option with 5 yr tax transcripts (that too if asked during the interview) would work.
 
It is definitely recommended that OP at least keeps marital evidences just in case they ask about marriage during the interview.
 
If OP could share what he submitted/brought during the first application, it might clarify the reason behind denial and whether it would come up again or not.

Ah. "Should" and "examples" are the important terms here. It's merely a suggestion. Contrast with the wording on submitting your green card:
 
Or with the wording on the signature or fee:
 
 

When VJ truly shines... Thanks for taking the time to write this.

When VJ truly shines... Thanks for taking the time to write this.

When VJ truly shines... Thanks for taking the time to write this.

Hi all,
This thread has been immensely helpful so I wanted to sign up and share my timeline/experience:
Filed: 11/19/2018
Bio: 12/03/2018 (walk in) 
Interview letter: 04/01/2019
Interview: 05/07/2019 
 
I live in DC proper and seeing some delay in folks’ oath ceremonies. According to US district court of DC, ceremonies in 2019 are held on the following dates:
 
Naturalization Dates for 2019
January 8, 2019
February 12, 2019
February 26, 2019
March 12, 2019
March 19, 2019
April 9, 2019
May 14, 2019
May 21, 2019
June 11, 2019
July 9, 2019
August 13, 2019
August 16 , 2019
September 10, 2019
October 8, 2019
November 12, 2019
December 10, 2019
 
Hoping to be included in the June 11th oath ceremony although it would more realistically be July 9th. 
 
Wishing you all the best!
 

When VJ truly shines... Thanks for taking the time to write this.

OK. Still, I would present evidence of residence in your current state. People have been known to switch residence just to get faster processing of immigration benefit applications, and USCIS frowns on that. Expect some questioning on the reason for your move. Take evidence I suggest above, as well as other supporting your move (employment contracts, business incorporation, etc.) Good luck!
 
Just realized you'll be interviewing in DC office. The very first request I got at my interview was to produce green card + DL.

Right, I have had a cup of tea, and some chocolate (proper english dairy milk, natch, not that horrid hershey rubbish you get over here), so here is some potentially useful info for you. 
I suggest you also get a cup of tea, as this is a long one......
 
 
As one of the few on here who has unfortunately experienced a denial, and is still going through this hell in some form, I can offer the following advice, with the caveat that I am not an immigration attorney.
 
 
 
 
Firstly, don't panic. Yes it is a scary letter. I was a f***ing suicidal mess when I received one, and spent three days initially without any sleep whatsoever reading every single thing I could possibly find on the legalities of this stuff, which served me very well, and I can hopefully help you out now too, as I have learnt a lot more in the time since.
 
All is not as it appears... USCIS have no authority to formally terminate your status. Yes, you heard me. Only an immigration judge can formally terminate your LPR status, in court, and issue a final order of removal at which point your status is terminated for good. You currently remain a conditional LPR (with caveats). The law does sort of contradict itself in some respects, but between an I-75 denial and a final order of removal, you remain a LPR with the right to work.
You are also entitled to proof of status in the form of a stamp. This is backed up by case law and also clarification by USCIS and the EOIR as you will read below. DO NOT LEAVE THE US UNTIL YOU HAVE A STAMP - not Mexico, not Canada. You are in a world of hurt if you do so...and it will be a lot harder for you.
 
 
The general standard process of denial, and process for revocation of status and an order of removal is:
Denial letter (or notice of intent to deny) --> NTA (notice to appear in court)  ---> court date ----> upheld/overturned --> appeal if upheld --> final determination and final order of removal.
 
Now, an NTA can take years to appear. The immigration courts are so backlogged, and these cases are low priority vs asylum or other deportable or criminal aliens. So you could continue with this stamp for as long as necessary, but it is no way to live, so there are things you can and should do to protect yourself.
 
 
So, file an I-751. Prepare the I-751 exactly as you would normally, filling it out correctly, making sure you both sign it, and get it sent in, I suggest by fedex overnight as it is very secure and properly trackable. I would suggest you to get this sent in the next day or so if possible - time is of the essence at this moment. Amassing every bit of evidence can wait until later, just get it in with the main bulk of evidence you already have.
The most important thing is with this I-751, is that you MUST enclose a letter stating the reason for failing to file your I-751 on time, and why you are filing late at this time. Don't bother with a full contents list of evidence and all that rubbish  - just a simple, clear and to the point letter, stating why it is being filed late, and enclosing the main bulk of evidence you already have, should suffice. 
As long as you enclose that letter. It *should* be accepted, you will receive the receipt/extension notice, followed by the usual biometrics appointment. If you have any letters, say from a Dr or shrink at that time signing you off work, or stating you were depressed/medicated due to grief, then that only strengthens your case. 
I would say the death of a parent while pregnant is a pretty real and valid reason IMHO. 
 
 
As soon as you receive the extension letter, go to an infopass and obtain an I-551 stamp, showing them the letter, and stating that you require unambiguous proof of status, which is clarified below, taken from USCIS  https://www.uscis.gov/sites/default/files/files/pressrelease/CRwaiver041003.pdf
"If an alien’s conditional resident status is terminated because he or she could not timely file a Form I-751, and he or she is placed in removal proceedings, then he or she may request a continuance from the immigration judge to allow for the finalization of the divorce or annulment proceedings. It is noted that the conditional resident whose status has been terminated should be issued a temporary I-551 during the pendency of his or her case before the immigration judge (see Genco Opinion 96-12)."
 
And Genco Opinon 96-12 itself:
""Genco Opinon 96-12 - Status of a conditional permanent resident after denial of I-751 during pendency of review by EOIR
August 6, 1996 
 
Status of a Conditional Permanent
resident after denial of I-751 during
pendency of review by EOIR

Office of the
General Counsel

I. QUESTIONS

The Benefits Division requests a legal opinion concerning the following questions:
1) What is the status of a conditional permanent resident after his I-751 has been denied by the director and his case is under review by the EOIR? Is the alien entitled to an I-551 stamp, adapted to show that his case is pending? Is the alien entitled to any other benefits associated with legal permanent resident status?

2) If an Order to Show Cause has not been issued, what is the alien's status and what documentation is the alien entitled to possess?
II. SUMMARY CONCLUSION

The director should issue the Order to Show Cause at the time he or she provides written notice to the alien of the decision to deny the Form I-751.

Strictly speaking, a conditional permanent resident whose Petition to Remove Conditions on Residence (Form I-751) has been denied by the director is no longer a lawful permanent resident, as of the date of the director's notice of termination. However, because the alien has a right under statute and regulation to request review of such determination in deportation proceedings, the conditional permanent resident whose status has been terminated should be issued a temporary I-551 during the pendency of such review. INS should not approve any Petition for Alien Relative (Form I-130) filed by the alien on behalf of another alien during the pendency of such proceedings.

III. ANALYSIS

Section 216 of the Immigration and Nationality Act (INA), 8 U.S.C. § 1186a, provides that an alien spouse who is granted permanent resident status by means of marriage to a United States citizen which took place less than two years earlier shall be granted such status on a conditional basis. Unless otherwise specified by the statute or regulations, an alien granted permanent resident status pursuant to section 216 enjoys the same rights, privileges, responsibilities, and duties as other legal permanent residents. 8 C.F.R. § 216.1

The conditional basis of residence is removed via the approval of a Petition to Remove the Conditions on Residence (Form I-751) filed by the alien and spouse within 90 days before the second anniversary of the date on which the alien obtained lawful admission for permanent residence. The director of the regional service center has been delegated sole authority to adjudicate the Form I-751. 8 C.F.R. § 216.4(c). Where the director finds derogatory information pertaining to the validity of the marriage, he or she must offer the alien the opportunity to rebut such information. Id. If the alien is unable to overcome such derogatory information, the director ''may deny the joint petition, terminate the alien's permanent residence and issue an order to show cause to initiate deportation proceedings.'' Id. (emphasis added). Moreover, if the director proceeds to deny the Form I-751, he or she must provide written notice specifying the basis for the denial to the alien ''and shall issue an order to show cause why the alien should not be deported from the United States.'' 8 C.F.R. § 216.4(d)(2) (emphasis added). This regulatory language clearly provides that once the director denies the joint petition and terminates the alien's permanent residence, an order to show cause must follow.

The regulations further specify that the alien's lawful permanent residence status is terminated as of the date of the director's written decision. 8 C.F.R. § 216.4(d)(2). As of the date of denial, the alien is ''instructed to surrender any Alien Registration Receipt Card previously issued by the Service.'' Id. Accordingly, an alien whose Form I-751 has been denied has no status as a conditional permanent resident and is not entitled to an Alien Registration Receipt Card. Therefore, in light of the termination date of an alien's lawful permanent residence, and the gap that ensues if an order to show cause is not issued, failure to timely issue the order to show cause leaves INS vulnerable should an alien file an action in mandamus to compel performance of that requirement.

Concomitantly, an alien whose Petition to Remove Conditions on Residence has been denied by the director may seek review of the decision in deportation proceedings. INA § 216(c)(3)(D), 8 U.S.C. § 1186a(c)(3)(D), 8 C.F.R. § 216.4(d)(2). In fact, the statute specifically conditions termination of permanent resident status upon review in deportation proceedings. 1 Therefore, the terminated conditional lawful permanent resident should be issued a temporary Form I-551, during the pendency of the deportation proceedings. Cf. Etuk v. Slattery, 936 F.2d 1433, 1447 (2d Cir. 1991)(''To revoke an LPR's green card pending completion of the deportation process would severely undermine the integrity of the process itself and impose significant hardship on the alien involved''). To that end, the INS' policy of placing an I-551 stamp on an alien's I-94 arrival card or passport is considered appropriate temporary evidence of legal permanent resident status during the duration of the deportation proceedings. Memorandum from James J. Hogan, INS Executive Associate Commissioner (Nov. 11, 1992), reported and reproduced in 69 Interpreter Releases 1560 (Dec. 14, 1992). Further, the temporary I-551 may be used to travel, to establish employment eligibility, or to establish lawful permanent resident status for purposes of obtaining school financial aid and other benefits.

However, because an alien whose Petition to Remove Conditions on Residence has been denied by the director is, strictly speaking, no longer a lawful permanent resident, the Service should not approve any Form I-130 filed by such an alien after issuance of the termination notice, but before resolution of the deportation proceeding. 8 C.F.R. § 216.4(d)(2). Nonetheless, as final termination of the alien's lawful permanent resident status is subject to review of the director's decision in deportation proceedings, we advise that if an alien in this situation does seek to file a Petition for Alien Relative, the Service should accept the petition as filed, but not adjudicate it pending conclusion of the deportation proceeding. Thus, if the alien recovers lawful permanent resident status in the deportation proceeding, the Form I-130 could be approved based on the priority date established when filed. Similarly, should the alien prevail before the immigration judge, the restoration of lawful permanent resident status would relate back to the date of termination. Thus, the period from the date of the director's notice of termination and the date of restoration of status would count as time accrued for purposes of eligibility for naturalization. Cf. INA § 216(e), 8 U.S.C. § 1186a(e)."
 
 
 
 
 
Still with me? Good. Get yourself another cup of tea.
 
Within a couple of days of receiving my scary denial letter, I had sent a new I-751, and I then received my receipt, then biometrics letter, and I went to get a stamp. Since then, I have left and returned to the US multiple times, with no issue - bar a quick and polite visit to secondary each time to verify my status (as my stamp is annotated with 'TC-1' , telling them it has been denied/re-opened). I am awaiting my citizenship interview now, which unfortunately has been delayed slightly due to this. 
 
To date I have had no NTA, and when I call the automated line, it shows nothing. The phone line is 1-800-898-7180. Have your A# to hand, and use the automated system, which will tell you if an NTA has been issued or there are any proceedings underway.
My suspicion is that if you file quickly enough (and within the 30 days allowed for an I-290B to be filed), it stops the file being passed to the courts for an NTA. As yours is a very recent denial letter, you stand a good chance of this also happening to you. 
 
Even if you do receive an NTA, any proceedings would be immediately stayed (paused) with a still-pending I-751 (which is why you must file it). This will be adjudicated on its merits and the evidence provided, without prejudice.
 
 
But ultimately my point is, DON'T PANIC....all is not lost, you have rights, and you won't be sent on the next plane home, or arrested in the street. Just get that 751 in asap and see what happens then.
 
 

When VJ truly shines... Thanks for taking the time to write this.

Ah, that's clear. Your expiration should be Sep 2020, not 2019, thanks to a USCIS administrative error.
 
Ignore the I-751 notice. (I know it sounds crazy, but when it comes to immigration, always follow the law/regulations, not just what USCIS tells you.) Your status is determined by the law, not any document/card. Your immediate priority is to correct the green card dates.
 
File a paper I-90 ASAP. Emphasis on the soon. File paper, not online, because you must surrender the green card as well, and it's best it goes with your application. Choose the admin error option so the fee is waived. Include your AOS approval notice.
 
Before sending the I-90, or as soon as you get the receipt notice, call USCIS and ask to create a "service request for expedited processing because of a USCIS administrative error on your green card." Those magic words allow you to leapfrog the year-long I-90 queue.
 
Good luck!

When VJ truly shines... Thanks for taking the time to write this.

Ah, that's clear. Your expiration should be Sep 2020, not 2019, thanks to a USCIS administrative error.
 
Ignore the I-751 notice. (I know it sounds crazy, but when it comes to immigration, always follow the law/regulations, not just what USCIS tells you.) Your status is determined by the law, not any document/card. Your immediate priority is to correct the green card dates.
 
File a paper I-90 ASAP. Emphasis on the soon. File paper, not online, because you must surrender the green card as well, and it's best it goes with your application. Choose the admin error option so the fee is waived. Include your AOS approval notice.
 
Before sending the I-90, or as soon as you get the receipt notice, call USCIS and ask to create a "service request for expedited processing because of a USCIS administrative error on your green card." Those magic words allow you to leapfrog the year-long I-90 queue.
 
Good luck!

When VJ truly shines... Thanks for taking the time to write this.

Hi I just want to add something. 
 
Always make copies and maybe even scan them and put the documents on the Cloud in case your harddrive gives out. Scan the front and back of your green card since you'll be giving it up. Also see if you can get an infopass for a I-551 stamp so you have proof of status in the meantime. Your I-90 NOA will be important as well.
 
Do you still have the initial approval notice? 
What date does your approval notice for the Green card say? Also how did you get a green card from F1 status? I assume you got married and adjusted status? 

When VJ truly shines... Thanks for taking the time to write this.

When VJ truly shines... Thanks for taking the time to write this.

You start counting from the date you are able to prove you move to the other state with a driver license, rental agreement/lease, utilities, etc..