Crazy Cat

I watched MSNBC reactions this morning. The delusion of Joy Reid continues to run deep. I didn't watch the debate, but I am impressed with some of Trump's answers I've heard in highlight clips. I don't think either side will be motivated to participate in another debate. Note to democrats: Be careful when you choose a candidate for....Vice President.

Guy on The Young Turks said "This is so much worse than my worst nightmare"....... They can no longer just lie about Biden's mental condition.

Most I-601s I recall took 1 to 2 years to process. No other downside for filing. I don't see that it would speed up his immigration progress much, if any.

Wife's certificate was flat....and pristine...

Actually, that might be the most effective route to officially push it up the ladder, so to speak.

It's within the paragraph section (b)(3) "Termination of status for failure to appear for interview." "The alien shall be provided with written notification of the termination and the reasons therefor, and a notice to appear shall be issued placing the alien under removal proceedings. The alien may seek review of the decision to terminate his or her status in such proceedings, but the burden shall be on the alien to establish compliance with the interview requirements. If the alien submits a written request that the interview be rescheduled or that the interview be waived, and the director determines that there is good cause for granting the request, the interview may be rescheduled or waived," Hopefully, there will be instructions on the denial notice if OP can write a letter. Maybe the options are (not necessarily in this order): A. Write a detailed letter requesting a re-schedule B. I-290B C. Refile I-751 D. Argue in removal court before an immigration judge

The law says the following. I think, from the text, the OP can write a letter without having to file an I-290B. Need to know how the denial is worded. eCFR :: 8 CFR 216.4 -- Joint petition to remove conditional basis of lawful permanent resident status for alien spouse. "If the alien submits a written request that the interview be rescheduled or that the interview be waived, and the director determines that there is good cause for granting the request, the interview may be rescheduled or waived, as appropriate."

The issues, as I see them, are that there were never any written USCIS instructions for the spouse to attend the N-400 interview, and there was never any notice that an I-751 interview was going to be conducted. It can be argued that this is an error on the part of USCIS. Whether USCIS will admit that is another story. Note: I checked wife's N-400 interview letter. It instructs the applicant what to bring if filing as a spouse of a US citizens, but it doesn't instruct the USC spouse to be there....at least I couldn't find it anywhere on the official notice. In our case, the local office notified us 2 days prior to the N-400 interview (via an email) that I had to attend, and that we would have a combo interview. It appears, to me, that USCIS expected the OP to read between the lines.....to somehow know that an I-751 interview would be conducted. I think that is grounds for a re-schedule. But, as you said, it might not fly.

Yellow form means consulate needs more time to make a decision. Every case is different.

Does his current income qualify? CURRENT income is king...not what was earned in past years.

The father is not a US citizen, and is not inside the US.

Administrative Processing can be neither waived nor expedited. The only thing you can do is to file Writ of Mandamus. That can be expensive, and it does not guarantee a favorable outcome. However, I think you are way too early for that.

Great answer. I think that might be the key to getting USCIS to reschedule the I-751!!! I would certainly try for a re-schedule as first option.

OK, I found the answer as to why the I-751 was denied. The officer was acting strictly by the USCIS guidelines as stated below. Note the highlighted areas. I would check the options in the I-751 denial, then IMMEDIATELY appeal that you had a good cause for spouse not attending. Then, hopefully, USCIS will re-schedule. Chapter 3 - Petition to Remove Conditions on Residence | USCIS G. Interview CPRs who file a Form I-751 must appear for an interview at a USCIS field office, unless USCIS waives the interview requirement.[42] USCIS officers may consider waiving the interview in cases where: The officer considers they can make a decision on the petition based on the record because the record contains sufficient evidence about the bona fides of the marriage and that the marriage was not entered into for the purpose of evading the immigration laws of the United States; There is sufficient evidence in the record of the CPR’s eligibility for waiver of the joint filing requirement, if applicable; There is no indication of fraud or misrepresentation on the Form I-751, in the supporting documentation, or elsewhere in the record; There are no complex facts or issues that require an interview or sworn statement to resolve questions or concerns; and There are no criminal bars rendering the CPR removable. When determining whether to waive an interview, the considerations listed above apply regardless of whether the Form I-751 is filed as a joint petition, individual filing request, or a waiver. For a joint petition, the statute requires USCIS to interview both the CPR and petitioning spouse.[43] If the CPR is filing an individual filing request or waiver, only the CPR must appear for the interview.[44] If the required party or parties fail to appear for the interview, USCIS denies the Form I-751, terminates the CPR’s status, and initiates removal proceedings, unless the CPR establishes good cause for the failure to appear and USCIS reschedules the interview.[45] USCIS determines whether there is good cause on a case-by-case basis.

I am still interested in what the denial will say. Your spouse wasn't present, but your spouse signed the joint I-751, meaning she was a participant in the ROC. The officer should have had all the previous evidence there. You also brought updated evidence regarding the marriage, correct? I also find it odd that the officer continued with the interviews if the officer thought her absence was cause for a denial.

What was your response?

Personally, I would wait to see what it says. You should see it posted on your online account soon.

***A quote containing a personal case number has been edited to remove attachment***

You will get a separate denial for it.

I agree 100%.

I don't think an I-336 is going to help with the N-400 case as the denial is a domino of the I-751 denial. You could just re-file a proper I-751 if it was due to lack of spouse's participation or evidence, and then re-file an N-400 at some point in the future. The I-751 is the urgent matter. I'm eager to hear the thoughts of other members....and attorneys.

***Moderator Note**** ***OP's attachment edited to remove a personal case number****

@Renato D Can you post a copy of the I-751 denial? That is the root of the issue.

Thanks for the info. As @nastra30 stated, the child cannot currently adjust status after entering via VWP.

So, the Father is not a US citizen, and he is not inside the US, correct?