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da95826

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Everything posted by da95826

  1. The spouse was not mentioned in our n400 invitation but was admitted through security anyway. If you indicate to security, you are there for an n400 under 3-year rule they may be admitted. There is a chance they will not be admitted if COVID cases spike, but I think it may be worth a try as COViD restrictions have eased.
  2. You need to show co-habitation with your spouse for the past 3 years so slightly different evidence than the i751 or AOS. Your list evidence is good, provide some evidence for all 3 years You may wish to add... Some photos of doing things together, family event together, and travel together Proof of travel together. Documents and mail for both of you with shared address (some inform delivery emails from post office showing joint mail deliver to home address). W2 have home address on them and come out each year.
  3. Should have no effect per say. The LPR is still an LPR regardless of whether they have an ROC filed or not. As long as the conditional green card holder travels with an expired green card and an extension letter or an i551 stamp they should be good to go. Thier Schengen visa would be up to the county they are visiting to issue one based on the nationality of passport holder and possibly their LPR status in the USA. They would still be an LPR with a ROC on file so no difference.
  4. No I don't think so, it took 2 years plus for our i751 to be approved and I think our n400 application may have kicked it to an interview. Hang in there, Sacramento field office/NBC/California Service Center are slow.
  5. It is optional but under the 3-year rule I would encourage the spouse to go to the interview, it is not required but there is a small chance the interviewing officer may want the opportunity to talk to them. It is unlikely they will be admitted to the interview and maybe not admitted to the field office at all due to COVID restrictions but having the spouse there is a plus for your case when the IO calls you into your appointment and sees you both together in the waiting room. I know some immigration lawyers encourage spouses to go to n400 cases under the 3-year rule. I did see most applicants in the USCIS waiting room at our n400 interview in May were accompanied by a spouse or family so there is a good chance your spouse will be admitted through security, especially under the 3-year rule n400 case.
  6. No, you will likely get an RFE you need 3 years of tax returns for 2021, 2020, and 2019 with adjusted gross income that meets the income guidelines and a job letter. Basically, you should get a co-sponsor that will meet the income requirements. You should submit tax transcripts for each of the last 3 years (file tax returns if needed no matter what the income) for yourself and a co-sponsor. Good luck.
  7. We had an n400/i751 combo interview last May, interview went well for us, it took Sacramento USCIS field office 3 weeks to approve our n400 and i751cases after the interview and then scheduled the oath ceremony for 6 weeks after the interview. See our timeline in signature below. In our case I am sure the case was reviewed by the IO's supervisor for approval which delayed approval for three weeks. Hang in there, I am sure you will be approved soon once your evidence you submitted gets reviewed and the IO's supervisor reviews the case.
  8. It is impossible to predict how long any specific case will take to be processed by USCIS, it is anywhere from 3 months to 20 months plus, and it is not possible to know how long it will take for your case. USCIS indicates 16.5 months for 80% of the cases to be adjudicated.
  9. You should be worried... You come from a high immigration fraud county that USCIS looks at all immigrants very carefully at. 1) If you stated you were married when you filed the B1 visa application and you got a divorce in Nigeria USCIS find many fraudulent Nigeria divorces so that will raise a red flag that you were never married legally in the USA in either case. If you stated that you were married when you were not married during the B1 visa application USCIS will get you for misrepresentation or take you at your word and take the stand that you are still married in Nigeria making your US marriages invalid. 2) USCIS already suspects the first marriage is not genuine (hence the Stokes interview), your AOS was never approved so I don't believe that USCIS is satisfied with your first marriage, if marriage fraud is suspected that would be a problem. If you are found to have committed misrepresentation at any stage of your immigration history, you would need a waiver(s) if you are currently married to a US citizen. If USCIS finds immigration fraud you could be barred from getting any immigration benefit from USCIS no matter what.
  10. The point is your husband is now a US citizen automatically by law, he cannot be naturalized by filing an n400 because legally he is already a US citizen. You just need to prove he is a citizen by filing the n600 proving his father became a citizen when he was a minor green card holder and he lived with and in the custody of his us citizen father at the time. The correct legal action to take is to apply for his n600 with the proof needed to be approved, it may not be easy, but it is the only real option. The state department (the passport agency) will likely issue a passport to him with the proper proof of his citizenship, but USCIS has the final word on citizenship. It is best to get the certificate of citizenship by filing the n600, he may need it down the road. Getting proof of his citizenship may be a bit of a chore, naturalization certificate of father, FOIA of dad's immigration history, your school records, family photos, mom's death certificate, his parents wedding certificate, husband birth record and so on. Good luck
  11. No one really knows how long it will take, some naturalizations are happening more quickly (within 6 months) these days, but most cases will take much longer, and it is hard to know how long any specific case USCIS will take to adjudicate. Our case took a year to get our n400 combo interview after filing, check out our timeline in signature section below. A friend n400 case took 19 months to get his n400 (5-year rule) interview at the Sacramento office a couple of months after our case. USCIS publish processing time for n400 at the Salt Lake City field office is 18 months currently for 80% completion. Good luck! https://egov.uscis.gov/processing-times/
  12. Do what @Mike E indicates you should go to the combo interview and amend your i751 part of your case to a waiver case. But your n400 case cannot be approved if separated from your spouse as co-habitation is a requirement for the n400 case, unless you get VAWA (i751 abuse waiver) case approved. If you are converting to an i751 divorce waver case only your n400 will be denied, you may wish to withdraw it. If you can prove an abuse case and convert your i751 case to an abuse waiver case, you can first get the conditions removed without a divorce and second possibly get the n400 approved as well under VAWA (ROC abuse waiver) with the 3-year rule. You need proof of the abuse and as much good faith marriage proof you can get your hands on. An i751 divorce waiver case is easier to get approved, you just need a divorce decree and some good faith marriage proof, an i751 abuse waiver case is a bit harder as you need abuse proof (severe emotional and/or physical abuse proof) as well as good faith marriage proof. I would advise getting legal help with your now complicated cases. Sorry, this happened to you, good luck.
  13. No, just update IO at the interview of current employment status. Being employed is not required for naturalization. Unemployment benefits are earned benefits paid for by my employers and employees and have no impact on public charge rules. So, no impact affidavit of support or citizenship. There are no income requirements for citizenship or employment requirements. As long as you pay taxes, child support, and pay their bills in general they will be good to go citizenship.
  14. Did the n400 interview in May, a combo i751/n400 interview, and no name change Sacramento field office did not accommodate our name change request. The interviewing officer indicated the Sacramento field offices do not support name change requests during naturalization and updated our n400 application and removed the name change request during our interview. The we, petitioner and spouse, were admitted into the field office, we waited 45 minutes, and we were both called in to the combo interview. The IO was cordial and friendly throughout the interviews, the petitioner and spouse remained throughout i751 and n400 interview and test. You can see our timeline below.
  15. You can get your spouse a state issued ID with your common address. You can submit mail received at your home address to both of you' Some documents have your home address on them like W2/1099 forms, correspondence from school, state tax docs, medical bills, so provide some with your spouse's name and address on them. You can only provide what evidence you have so don't worry too much about a few pieces of "missing evidence" it is really the totality of the evidence that will bring an approval.
  16. It is common for USCIS to transfer an ROC case to NBC just after filing an n400. They move ROC cases to NBC to set up an interview at the local field office, the NBC acts a clearing house and cues up i751 cases going to the local field office for an interview holding then until local office has an opening to adjudicate the ROC case. Looks like your case did not go through that process so it did not make it to the field office for a combo i751/n400. Your ROC case is likely on its way to your local USCIS field office that handled your n400 case. You may be called in for an ROC interview, or the field office may wave your interview approving both cases. Sorry for the delay in your case looks like you will need to wait until the NBC/local field office deals with your ROC case.
  17. Release Date 12/09/2022 Effective Dec. 12, 2022, U.S. Citizenship and Immigration Services (USCIS) is updating the USCIS Policy Manual to allow USCIS to automatically extend the validity of Permanent Resident Cards (commonly called Green Cards) for lawful permanent residents who have applied for naturalization. This update (PDF, 307.54 KB) is expected to help naturalization applicants who experience longer processing times, because they will receive an extension of lawful permanent resident (LPR) status and may not need to file Form I-90, Application to Replace Permanent Resident Card (Green Card). LPRs who properly file Form N-400, Application for Naturalization, may receive this extension without regard to whether they filed Form I-90. USCIS will update the language on Form N-400 receipt notices to extend Green Cards for up to 24 months for these applicants. The receipt notice can be presented with the expired Green Card as evidence of continued status as well as identity and employment authorization under List A of Employment Eligibility Verification (Form I-9), if presented before the expiration of the 24-month extension period provided in the notice. https://www.uscis.gov/newsroom/alerts/uscis-updates-policy-to-automatically-extend-green-cards-for-naturalization-applicants ***This is for 10-year green card holders whose green card is expiring soon they can file an n400 instead of renewing their green cards with a i-90. Not helpful for conditional green card holders because it is the same 2-year extension to the old green card expiration date that i751 applicates gets with the i751 receipt notice.
  18. I think the same in our n400/i751 case, filing our n400 case seem to sped up our i751 case & the pending i751 seemed to sped up our n400 case by six months or so as we have a friend who filed their n400 5-year case with 10-year green card 7 months or so before we filed our n400 case and they got their naturalization two months after our case was adjudicated at the same USCIS office in Sacramento. Our more complicated n400 based on 3-year rule, pending ROC, and with the LPR is from Iran was 7 months faster to get an interview and approval than our LPR friend with a 10-year rule n400 case from Ireland at the same USCIS field office. Congratulations on your wife's approval, it has been a long time coming.
  19. In that case it really is not overlapping evidence, one is showing how you are supporting each other and sharing in paying expenses and the other is showing saving together for a future together so I would include both. If you have a joint checking account include a copy of the check, you paid the i751 fee in the i751 application hopefully you have checks with both your names on them (Scan the check and print out on letter sized paper place it with the bank statements for the account).
  20. You have a 2-year conditional green card returning to the USA is not an issue, if you return within 180 days (six months) no issue at all. If you return between six months to a year you will be fine to enter the USA, but you have broken the continuous residency requirements for naturalization pushing back when you can file n400. If you are out of the USA more than a year, then you can have issues maintaining your green card, you risk abandoning your LPR status. Good luck with your marriage and I hope it all works out well for you. As for your goal of staying in the USA you have options, you don't need to be married to get the conditions removed from your green card. You will need to file to remove the conditions on your LPR status within 90 days before the expiration of your 2-year green card if you are still married by filing a i751 joint application with evidence of the ongoing bonified marriage (being on lease, joint tax returns, joint bank records, joint bills, joint insurance, photos together and so on) so you need to collect evidence of your good faith married relationship now until you file. But you can file to remove the conditions on your LPR yourself by filing an l751 divorce waiver application any time after a divorce is final. There is no time limit to when you can file an i751 waiver application, but you need a final divorce decree to be approved along with good faith marriage proof. So, if your spouse and you do not get back together and you wish to live in the USA you can plan to do that. You just need a divorce decree and bonified marriage evidence proof between the time you got married to when you separated and file an i751 divorce waver case. If you separate you will need to file for divorce quickly as you will need the divorce decree in hand for your immigration case.
  21. 3 years is the fastest a LPR can become a citizen if married to and resides with a US citizen spouse for all three years since getting the green card. The only faster way to go for naturalization, in just one year, is if the LPR is a member of the US military.
  22. If you are filing for an adjustment of status through marriage, then yes C9 would be correct.
  23. I would not worry much about submitting old evidence you already submitted, maybe have it with you just in case but you are unlikely to need it. Bring and submit new updated evidence since you filed both i751 and n400 after all your i751 was submitted maybe 18 months ago, and the 3-year n400 case needs overlapping evidence that you live together with your spouse for three-year rule right up to the interview. Bring the original documents used in the n400 application and your latest tax transcripts.
  24. It took one year to get a combo i751/n400 interview in Sacramento, and a friend filed 6 months before myself and got his citizenship a couple of months after mine; his case was a simple 5-year n400 application after being in USA for many years and it took nearly 18 months to get an interview. Every local USCIS field office is different San Francisco is a busy office so it may take a while to be scheduled. https://egov.uscis.gov/processing-times/
  25. Be prepared to do a combo interview when your new interview date comes around. It is not unusual that they just send the n400 appointment letter and end up doing a combo i751/n400 interview. That is what happened in our case. So, both show up for the appointment with updated bonified marriage evidence, joint tax transcripts for every year of your marriage, the original copies of documents requested (spouses' birth or citizenship certificates) divorce decrees, marriage certificates, and so on. They will likely check both of your IDs noting they have the same address. Hopefully, they will reschedule you soon. Good luck.
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