fromthewater

N-400 Question 22. 

8 hours ago, NJMarch18 said:

😆 I know crazy fast! My 3 year anniversary as a LPR isn’t till late March and my I-751 is still pending (combo interview I guess). 
Field office is Manchester NH

Wow! Congratulations on the fast timeline!

I wonder if the interview scheduling is depending on local office case load?

Which processing center issued your receipt?

On 4/23/2021 at 7:41 PM, MoreMoolahMoreMoi said:

Hi @fromthewater , I'm on the same boat with you! And I also wonder if there would be any chance that the interview would be waived for filers who applied ROC with abuse waiver. Could you please let me know how it goes? I would love to share info and updates with you, we should totally keep in touch! Thx

There is no guarantee whether an I-751 applicant will have an interview or not. But here is safe bet, if one had an interview during I-485 for their first green card, then it is likely that they will be approved for I-751 without an interview, of course, subjected that your marriage was bona fide and you're providing substantial proofs.

Another way to guess is based on your receipt number letters. For example, in places where California Service Center is where issues your receipt, MSC would likely to get an interview, whereas WAC is likely to be without an interview. People who got WAC receipts usually were interviewed when applying for their CPR.

It is common that they issue an RFE. So as long as you are legit and are able to provide sufficient amount of evidence, there is really nothing to worry about. 

Again, this is just a general trend, not absolute, and there are definitely cases where it is not aligned with what I stated above. So, please only take this as a general guess and do not take it as 100% or try to argue about it.

On 4/12/2021 at 6:58 PM, MoreMoolahMoreMoi said:

 I wonder in my case, if I got approved on both Divorce and Abuse ground for my I-751, will I be eligible to apply for N-400 90 days before 01/2023?

You will only know if you are eligible for N-400 under 3-year rule once your I-751 is approved.

1) If it states on your Approval Letter that you're approved under "section 216(c)(4)(C)", then it is very clear.

2) If not, you will have to do a FOIA request to get your I-751 records from USCIS. You will get a copy of the approved I-751 forms, on which you will see whether the adjudicator officer who approved your case ticked the box where it says "Approved under section 216(c)(4)(C) Battered Spouse/Child". If ticked, congrats; otherwise, wait.

7 hours ago, littlefrench said:

Hi @Villanelle @fromthewater, I just got approved on both grounds! Waiting for the actual notice in the mail. Curious to see if it says section 216(c)(4)(C).

Congratulations! I'd be interested to know what your approval letter says also!

I see that you originally filed late 2018 and got RFE early 2020? Could you share what took them so long to make a decision on your case?

Does that mean you are about to hit 5-year of a PR anyway whether you can file N-400 under abused 3-year qualification or not?

On 1/25/2021 at 1:06 PM, millefleur said:

I'm super confused....why not just get married, then change your name that way? That is by far the easiest because then all you need is the marriage certificate as proof.

If getting married before N-400, wouldn't you have to change your name on the GC with USCIS before applying for N-400? And this could take forever as anything with USCIS?

So changing the name via N-400 then would skip the step of name changing process?

On 1/28/2021 at 7:14 AM, newyorker94 said:

Hello everyone, I have some news to share. I tried my best to stay out of the forums before today.

 

After countless hours of research on forums and even pushback from my lawyer saying not to apply for the N-400 since they don't do combo interviews for I-751 waiver cases, I still did it because I swore what I was reading was accurate and I concluded it was actually possible. I'm happy to say that yesterday, January 27th, I became an American citizen!

Wow! Congratulations! This is an incredible story and the only 3-yr naturalization under DV I have seen. So happy for you!!!

Is it possible to also keep your green card? 😅

I would suggest OP to consult with an attorney.

Sounds like you don't want your divorce to affect your husband's eligibility to stay in the US.

- People stay married and Remove Condition together - Joint Filing.

- People also get divorced and Remove Condition alone - Divorce Waiver.

Generally speaking, if the marriage was true and real, entered in good faith and not to trick the immigration system for benefits, you should have nothing to worry about.

Of course, in practice, that's easier said than done.

You will have to consider - do you guys have enough evidence to prove that you intended to spend the rest your lives together? Evidence including but not limited to - joint bank/credit accounts, bills, lease, insurance plans, ownership of cars or car insurance, loans, mortgages, wills, being each other's beneficiary on life insurance, photos of you two with family/friends, able to get family or friends to write and affidavit letter attesting your relationship and marriage was real, and many other mails or drivers license showing the same address that you have lived together etc.

You need the above regardless of filing together or separately. However, the amount and quality of evidence would seriously impact the likelihood of one getting approved under divorce waiver. Vice versa, if you don't have good evidence, even if you try to stay married and make it, there's also a chance that you just can't hide the fact that your marriage is falling apart.

On the other hand, even if you chose to stay together until 10-yr GC is granted, are you guys able to endure staying together for that long?

Remember, if you chose to stay together and file jointly, you have to stay together until the I-751 Removal of Condition is approved. Currently, it takes 18~24 months for RoC to be adjudicated depending on your service center/local office. So are you able to stay together until 2 years after the 2-year GC expires?

The other issue is if you stay together for the benefits of getting a 10-year green card, that could be considered as fraud.

There are a lot to think about. And asking on the forum to get few pieces of advice isn't going to cut it! Professionals will be able to assess your situation and the things you have to provide you the best legal advice. They will know how USCIS handles/looks at certain things.

On 12/10/2020 at 3:15 PM, newyorker94 said:

Hey guys, when I had my InfoPass Appointment, the officer said that my case was not in Vermont but rather in the local office. Wish me luck on my interview on Monday! I really don't know what's going to happen.That's the only thing I'm so nervous about - will they even do a combo or if they don't, they might just deny my N-400.

Would love to know if there's any news on your case!

On 12/30/2020 at 9:20 AM, Villanelle said:

The above was taken from -https://www.dhs.gov/publication/follow-questions-and-answers-uscis-processing-concurrently-pending-forms-n-400-and-forms (Oct 2020) So its current.

@Villanelle

I actually read this page a while back. However, it is believed that in practice, this policy is not rolled out consistently among USCIS officers across the country...

I suppose I will just have to do an FOIA request to find out what ground it was based on.

Anyone?

5 minutes ago, Villanelle said:

Dont apologize for asking questions  Thats why we are all here right?

 

In what you wrote above #2 is incorrect "2) You can check multiple boxes, but in the end, USCIS will approve based on ONLY ONE ground." This statement is NOT true.

 

So lets start over. When you submit a form they are required to process it as you submitted it. They can not make changes to it on their own. I think this is the part you are missing. Changes can be made to the form but they can not change it on their own. You can request a change to what you submitted if theres an error or you checked off the wrong box somewhere, and you can do this at anytime before its adjudicated by sending a signed written letter in the mail, or correcting it in person at the interview either verbally or in writing. Remember USCIS is very bureaucratic. There has to be something from you showing the change.

 

So if you send a 751 with the abuse and divorce waiver boxes checked off thats what it is and it wont change unless you know about it. 

 

possible scenarios:

You check abuse and divorce - approved for both

You check abuse and divorce - denied for both

You check abuse and divorce - told you dont qualify for abuse so you can either send additional evidence or drop the abuse box in which case--->

You change from abuse and divorce to divorce only - which is then approved or denied or

You do not change and keep both divorce and abuse and send additional evidence- which brings us back to approved or denied result above. 

 

 

 

 

Thank you, @Villanelle.

So what you are saying is that if you checked both divorce and abuse, and were approved, then you are approved for both. In that case, you qualify for N-400 under the 3-year rule?

I just know that sometimes you check multiple boxes and were approved without unticking anything, the approval notice would still say something like "approved as a waiver of the joint filing requirement under INA 216(c)(4)(C)" for example. In that case it kind of suggest even though you ticked 2, you were approved based on only one of them.

It would also be interesting that so many attorneys out there are saying you need to find out which ground you were approved based on, when in fact, if you did not untick anything, you were approved based on ALL grounds...

37 minutes ago, TBoneTX said:

If both were checked, it's this.

On 12/27/2020 at 7:54 AM, Villanelle said:

As stated whatever waiver boxes you check off is what they will adjudicate. They will not remove check boxes on their own, so if you check off divorce + abuse they will evaluate you for both divorce and abuse and you must establish both. ...

So you have to assume if you checked off abuse and did not ask to having it removed then you were approved for what you submitted. If no changes were made you were approved under what you submitted.  

On 11/26/2020 at 3:57 AM, Villanelle said:

Many people select multiple boxes and are told they qualify for approval on some but not all the boxes they checked. The form has to either be amended or additional evidences added because at the end USCIS needs to have a form that contains only the boxes checked that can and are approved. 

On 11/19/2020 at 6:53 PM, Demise said:

Only assuming the abuse waiver is approved. Considering that I-751 allows you to seek multiple waiver grounds on one application, you can end up with an application that's essentially "Approved in part and denied in part".

Lets say that you filed I-751 seeking a waiver filing on following grounds:

Entered marriage in good faith, was subjected to abuse during it (VAWA waiver)

Entered marriage in good faith, divorced

Removal would cause you extreme hardship

 

It is possible that USCIS would approve the first two grounds but decide that you do not meet the extreme hardship ground. In this case you get your 10 year green card and your N-400 remains prima facie eligible for approval, meaning that it can proceed, you are legally eligible to naturalize under the 3 year rule due to the VAWA waiver.

 

It is also possible that USCIS would only approve the second ground. You will get the 10 year green card, but since you don't fall under VAWA you need to wait until 5 years are up to naturalize, meaning the N-400 has to be denied.

Sorry for going on circles here.

I am seeing 2 different theories in regard to this topic, and would love to find out what is actually how USCIS works.

1) If you are approved without unchecking any boxes, then you are approved based on ALL boxes checked in the form.

2) You can check multiple boxes, but in the end, USCIS will approve based on ONLY ONE ground.

I have also heard from multiple immigration attorneys from different geo-locations that agree with the 2) scenario, which is even though they did not suggest you to untick any box, you were approved based on ONLY ONE ground. And they suggest calling/infopass/writing letter/FOIA to find out which ground was the exact and only one USCIS approved based on.

However, on the forum, I am seeing people saying both, and some say you fulfilled ALL grounds.

So I just would really like to know what is actually true to USCIS in order to know N-400 eligibility.

I would have tried to send N-400 and see if they cash it, except that I have been told by attorneys and reading on the forum that they sometimes would just cash it anyway without checking your eligibility, and some worse cases include they did were not rejected until later in the process or during the interview to be told that they filed early... So they had to restart all over......

If only USCIS always specified which ground/grounds they approved based on in the approval notice to save this confusion...

On 12/27/2020 at 7:54 AM, Villanelle said:

So you have to assume if you checked off abuse and did not ask to having it removed (either because you asked for it to be removed on your own or they suggest you are not eligible and ask if you want to remove it and you agree- which is basically asking them to remove it yourself as well) then you were approved for what you submitted. If no changes were made you were approved under what you submitted. 

So if an approval was made to a form checked with both "divorce" and "abuse", it is assumed that case was approved based on "abuse" or both "divorce and abuse"?

USCIS did not ask or suggest to untick any box before approving.

On 11/30/2020 at 9:30 AM, Villanelle said:

Currently the n400 online system can be used by those who are filing under 3 year LPR + marriage to USC or 5 yr LPR status only. If you are filing based on any other reason then you must use paper. So for those filing at 3yrs based on approved VAWA 360 or approved 751 needs to file on paper. Im not sure if the reason you cant use the online system is specifically because of the DV privacy regulations or just a poor design. Those in the military often qualify for naturalization outside of the standard 3/5yrs and they also need to file on paper and can not use the online system.  

Hello @Villanelle

If a CR6 holder filed I-751 with both Divorce-Good Faith and DV and was approved, how do they know if they were approved based on Divorce-Good Faith or DV?

Does their CoA change?

For example, if their Approval Notice with CoA: IR6, does this mean it was approved based on Divorce or does it mean it was approved based on DV? Or does this say nothing?

On the contrary, should their CoA change if they were approved based on DV? Like changing from CR6 to IB0 or IB5?

If the notice doesn't say, would the next step be to mail USCIS to find out what ground or file for an FOIA?

Could they find out over the phone or online? Or can they not because they have a DV case and all correspondence has to be on paper?

How to find out what ground was approved in order to know the eligibility for N-400?

On 12/10/2020 at 3:15 PM, newyorker94 said:

Hey guys, when I had my InfoPass Appointment, the officer said that my case was not in Vermont but rather in the local office. Wish me luck on my interview on Monday! I really don't know what's going to happen.That's the only thing I'm so nervous about - will they even do a combo or if they don't, they might just deny my N-400.

Any update on your interview and application status?

11 hours ago, milimelo said:

Copies are fine for everything. I never sent original documents. 

In N-400. it specifically asked for "Original or Court Certified" though.....

1 hour ago, bing10 said:

 

I don't have an ex-spouse, first and only marriage, and nothing in my background that I know of. Everything else went smoothly during the rest of the immigration process so if there was some issue with my background, I would have thought they would have picked that up before now.

 

My lawyer also has no idea what is taking so long. I'm guessing I will end up having to sue them for a decision soon.

 

 

 

Have you tried Ombudsman, Reps, and Senators?

I am sure you probably mentioned this somewhere but I don't remember.

7 hours ago, bing10 said:

 

No change what-so-ever, it's now 10 months since the interview, and still no idea why my case is delayed.

 

Is it possible that your ex-spouse filed or provided USCIS/ICE any accusations against you?

I had seen 2 people who had that happened to them, and their case just went into limbo for years.

Or maybe they found something bad in background check?

I have also heard USCIS delayed someone's case only because the background check caught something from someone else that had the same names as the applicant...

6 hours ago, Fudge said:

Thanks and I will.  Hope someone can give me advice.

My wife and I got back together as soon as the judge lifted the order.  I never thought about them questioning our staying together for immigration benefits, but I can see that being an issue for them.  I can also see where they may think I'm preventing her from work, she worked in the school system all of her life.  Her last position was demanding, and she doesn't regret being out of it.  
The early days of our marriage were not spent treating each other very nicely, and she could also be abusive.  By our own choice (not the judge), we went to see a counselor.  Then we decided if we were going to make it, it would have to be us making changes and working on the marriage.  She had written USCIS a statement/affidavit and in it she told them she was in the truck outside should they want to call her in for a stoke interview.  I just wasn't given the opportunity to hand over anymore papers.  It is possible for people to turn things around and learn from their mistakes.  Thank you for your thoughts, I hadn't looked at it hat way.

Taking a second look on your story, it is likely because the incident happened within your statutory period for Good Moral Character of 3 years that you are applying based on.

So even though you had no charges or conviction, you still had some kind of DV restraining order against you within that period. And that could make USCIS question the GMC requirement.

Let's say by Jan 2021, if there are no more bad records for you since Jan 2018, USCIS may be able to give you a decision then. Fingers crossed!

They look at things like that comparing the total time you're here in the US and the time you have here with clean records. Right now all they can see is a relatively short 3-4 years you are here with such incident.

And it sucks how they refused to take more evidence.

Does anyone know what would have happened if you insisted that they took it and took into consideration?

Is it okay for USCIS to refuse to let the applicant provide more information to build their case? Is it then suggested that you prepare ALL things that you can think of that can come up, and submit altogether in your initial N-400 filing?

On 10/10/2020 at 12:34 PM, bing10 said:

 

Yes, I keep pushing the Senator and Congress person (only 1 Senator responds though, Schumer in NY is useless). The Congress person is great though.

 

I checked around the forums, and $5k seems to be reasonably standard. My lawyer is very good, so I'll likely stay with him for it.

 

Is there any update on your case? What was the reason that your case got stuck?

On 10/8/2020 at 9:44 AM, Miamidade said:

Hey there, still waiting for the answer )) since August 6th )

Any update on your case? I hope you get good news soon if not. Best of luck!

9 hours ago, Fudge said:

I moved back home, informed USCIS about the move, and dissolved my lease with the apartment complex. In Feb. 2019, we filed to remove conditions and eventually I got my 10 yr GC. Feb. 2020, I filed the N400 and I just had my interview.

I filed on the 3 year rule and I wasn't trying to hide anything.

This all took place in civil court and there has been no more issues between my wife and myself.

The officer asked if she work and I said not for some time. I work a swing shift, sometimes 8, 12 or 16 hours. She carries out a more traditional role. She had worked in the past. I'm not sure why the officer asked about her work?

Good luck to you! And please keep us updated!

I am also curious, so you and your wife are back together? Maybe that's what USCIS is looking into?

I am not a professional here. But maybe they question whether you stay together for immigration benefits until you naturalize? Or maybe they suspect that you are controling your wife from not working or exert some kind of financial abuse so that she cannot leave you?

That's just my wild guess... if I were in your shoes.

Has anybody ever sent and requested a Return of Original Documents after I-751 approval or any other kinds of petition/applications?

For example, Original Court Certified Divorce Decree/Judgement, Marriage Certificate, or any other Court Certified/Legal Documents?

Because when you file for N-400 to naturalize, it is asking for the Original documents. So can you request them from your I-751 case, in order to submit with your N-400?

I know you could go back to the wherever you got those documents from and request for more copies, but if that is not possible or inconvenient because of COVID or because you moved away, wouldn't it make sense to request for original documents back? USCIS are probably not going to use them anymore and may even destroy them...

How long does G-884 get processed and you get your documents back?

Or is there a way you can tell USCIS in your N-400 that, "Hey, can you use my original documents that I gave you previously during my I-751 or I-485?"

Greatly appreciate if you can share your experience!

Can anyone help?

If I will be going through Naturalization and have the opportunity to change my name.

I also anticipate getting married sometime after my naturalization.

Should I take advantage of the Naturalization process and change my name to my future spouse's name or hyphenated? So that on my Naturalization Certificate and Passport, I will have the name I want in the future, instead of having to change it after getting married on my passport AND naturalization certificate, and other things such as banks etc.?

BUT, if I change my name to my spouse's name before getting married, would it be weird because technically when we get married, we would be A Robinson marrying B Robinson? Or can I use my old name to get married?

I am just trying to make this as easy as possible in term of process. Therefore, I thought the easiest way is doing it during naturalization. And I won't have to change name on important stuff (like passport) that could have had my future name.