da95826

It is pretty normal to wait for approval, in our case last May we had a combo interview and it took 3 weeks to approve the i751 & n400. The officer's supervisor had to review our case and we brought additional evidence to the interview that needed to be reviewed. I am sure our i751 file was there in our case as I saw it on her desk. Hopefully your approval will be near the short end of the estimation of processing time you were given.

I would provide copies of the photo of the front of the missing green card, the i-90 receipt notice, the i551 stamp, and the police report of the missing card. An explanation in the cover letter indicating your green card was lost. Just file within the 90 day window for the joint i751 application filing (the expiration date on the conditional green card).

You have the option to change your name with an n400 and likely the best time to do it. Some USCIS offices don't do name changes currently ( we were unable to do a name change in the Sacramento office last May). I believe most USCIS field offices are doing name changes currently.

Sadly I don't think USCIS has a standard procedure for an n400 with a pending i751. I do think a combo interview is a most common occurrence for these n400/i751 cases. But it is possible that the ROC i751 file may not be at the office when the n400 interview occurs. It is also possible the IO may approve the i751 without an interview and just does the n400 interview without the need for the spouse. So your only choice is to go to the interview and be prepared to do both the i751/n400 combo interview with your spouse and bring additional evidence ready as needed.

Did you have a combo interview? We did have a combo interview and we were both called in for it, I saw our i751 file on the desk. We did bring updated evidence for both cases so a review of that and the need for s signoff from the IO supervisor caused the delay of approval in our case. There is a good chance you will be approved soon without an i751 interview, it took three weeks for our approval of both ROC and naturalization cases. Good luck.

Yes, to take the oath you must have an approved i751. Naturalization can not happen until the i751 is approved. In our case it took 3 weeks for both the i751 and the n400 to be approved. Then the oath ceremony was scheduled for 3 weeks after approval.

Yes we were both allowed into the field office by security, and both called into the combo interview from the waiting room for the combo i751/n400 interview. We only had an n400 invitation but both of us were admitted into the FO and both called in for the interview It does not always work out that the interviewing officer is ready to do both i751 and n400 interviews (may not have i751 file at office) but I think in most cases they do have the complete immigration file for the combo interview that is what happens most commonly. If not, request IO to do an i751 interview while you are both there.

In our case we started out at California Service Center (WAC) then moved to NBC, we kept getting fingerprint reuse notices from WAC even though it moved to NBC. So we made a service request when our case was outside processing time for the WAC. Months later we got a response that our case would be handeled at the local field office with our n400 case. See our timeline below.

File for the i751 divorce waiver case whenever you can hopefully at the time you get your divorce decree. Right now you need to collect and maintain proof of your bona fide marriage from marriage to separation. You need to show you had a shared a home with a common address provide a copy of a joint lease or mortgage, provide some mail to common address sent to each of you home address, W2/1099 forms for each of you will have home addresses on them, state ID with common address for each, affidavit affirming you live together in a shared home if needed. You need to show shared finances with joint bank statements that show you were both paying for common bills and placing money earned into bank accounts throughout marriage. Joint bills, Joint tax returns IRS transcripts, insurance together… collect financial statements and bills throughout the marriage until separation. Collect things you did as a couple, travel, photos together on holiday, photos together with family, kids birth documents, any big purchases together. If possible you can obtain an affidavit from your spouse indicating that that the marriage was bona fide but it just did not work out. It is a good time to collect and preserve your evidence needed for your i751 divorce waiver application.

You can withdraw i129f and affdavit of support. The I485 package the green card holder is the applicant so you can’t withdraw those applications except for the i129F and affidavit of support that are your applications for the K1 visa holder. That won't stop him from getting a green card however he can modify the adjustment of status under the Matter of Sesay. K1 visa holders who get married have an option to adjust their status even if the US spouse withdraws from the case and divorces the K1 holder. He would need to hire a good lawyer to get the case through. His other option for a green card would be a VAWA case if he can prove abuse. What is Matter of Sesay? It is a special way to get a green card for people who came on K-1, fiance visas who ultimately didn't have a successful marriage.

You hold a British passport now, that does not change if you get a US citizenship. You can have both as your child is already a US and British citizen/subject. US citizens do not need to reside in the USA; you could come and go as needed or not set foot in the USA ever again and keep US citizenship. You have an opportunity to get dual citizenship US and British that could be handy if your family life spans the US and Britain. Your child is a dual US/English citizen. They may choose to live their life in the US. In the future you would be able to join them. If you get US citizenship it will have no effect on your English citizenship. Many people have dual citizenship, myself, my spouse and most all naturalized Americans do. There are only a few countries in the world that do not allow dual citizenship but the US and Englad do.

I would avoid this option from happening, travel to the US from outside is not geared to use a certificate of naturalization for travel. As @Olly_ indicates airlines are unlikely to allow you to board because that document type is not on the list of acceptable documents to fly to the USA. Take the option of doing your oath ceremony after your return to the USA, I expect USCIS will accommodate you. Good luck on your interview.

In your n400 invitation it indicates you should bring originals of any documents used in the n400 application. If you filed under the 3 year rule you need to show the US citizen spouse has been a citizen for more than 3 years. This info below about what should be brought to the interview is from our n400 invitation sent to us... Check out the last sentence below.

With an i751 interview you must attend together, I would go to the appointment together from the start. The i751 will likely be conducted first, once done you leave the interview and return to your car once the interviewing officer is done with you. You waited so long to get to this point you should prioritize USCIS requirements to complete your case. You should be prepared to do both the i751 and the n400 interviews. Remember you need to provide original documents requested for the n400 interview like the original US citizen birth records, updated tax transcripts for joint tax returns, and should provide updated bona fide marriage proof for the i751. And most of all a joint i751 interview requires the spouse to attend with the petitioner to be approved.

Generally there would not be a conflict with the naturalization interview per say. You would do the interview when you pass USCIS and do one of three things. 1) Approve you and offer you the oath ceremony the same day, you would leave the field office a US citizen. Keep in mind you would need to get a US passport to travel out of the USA as you would no longer be a green card holder, it is hard to get a US passport in a week or so. 2) Approve you and indicate they will schedule you for an oath ceremony. You should indicate to USCIS your travel plans and schedule the oath ceremony after you return, you remain a green card holder until your oath ceremony in January. 3) USCIS may take the case under consideration (they can’t approve your case right away) usually the supervisor has to review and approve the case (In our case it took 6 weeks to get scheduled for the oath ceremony). Go to the n400 interview and apprise the interviewing officer of your travel plans. I believe they will schedule your oath ceremony after you return from your trip.

We got a combo interview with lots of evidence and no RFE, so in your case an i751 interview is likely needed. We also just got n400 invitations with no indication a spouse was needed for our combo interview in Sacramento in May. We were both called into the interview room together. It is going to be 55 degrees in Dallas Monday, the dog should be good in the car. Our i751/n400 interview took about 2 hours. You can just attend the i751 interview and go stay with the dog during the n400 interview. Good luck

Keep in mind that USCIS needs to know your marital status because your marital status is on the Certificate of Naturalization so it would be best to make an efforts to confirm your marital status by providing all the original copies of marriage and divorice documents as requested by USCIS to avoid delays in your n400 case.

Not sure if it is true or not I do believe that once the n400 interview has taken place a de novo review can happen. If the OP finds themself awaiting a decision six months or a year after the interview they should consult with a lawyer for their legal options to take the n400 case to court for either a de novo or a mandamus. Hopefully the OPs case will be approved after a reasonable period of time of review by USCIS. Cases like this can have excessive delays with USCIS unable to make a decision with cases stuck in background checks or investigation.

Yes, bring her, it would be a good idea to bring your spouse in case you get a i751/n400 combo interview. With our case we got an n400 invitation with no indication of the combo i751/n400 that happened when we arrived at the field office. We were both called in to the interview. So if you have a pending ROC case with your naturalization case you should expect an i751/n400 combo interview with your spouse needed to attend, bringing updated evidence for both cases. I think combo interview is the most common thing to happen with ROC and n400 both pending but there is a chance USCIS may adjudicate the i751 at a different time but I think that is rare.

With naturalization cases you can get a federal judge to review your case and they can approve it. This type of civil court case is called a de novo review. You would need to hire a lawyer and file a case with the correct court. It is the administrative appeal for naturalization cases. It is different from a mandamus case which simply forces USCIS or the State Department to make a decision on a immigration case.

I don't think so, I expect your n400 will be approved. You provided your court disposition of your case dismissal and you provided additional information. You may need to provide more information through an RFE. Mostly I think your approval will be delayed as the field office supervisor will need to sign off on your case. If your case is not decided after 120 days you can consider filing a de novo review court case since you have had your n400 interview. You would take your case to a immigration judge who can issue your citizenship.

I am an USA/Irish citizen. On a trip to Brazil I needed a visa with a USA passport and no visa on the Irish passport so I used my Irish passport for the trip. I used the Irish passport to check into a flight to Brazil and the Irish passport to enter and exit Brazil. I used my US passport to check in for the flight home and to enter the USA.

Your evidence for the n400 goes back 3 years from when you filed so your evidence should go back 3 years. You need to show your spouse has been an US citizen for all three years (USA birth certificate or naturalization certificate) You need to show you reside together with your US citizen spouse for all three years. W2 for each year with a common address for each of you, joint tax return transcripts for each year for the last 3 years, any mail at the same address for each of you. State issued IDs with the same address over the period (drivers licenses), photos together on holiday for past 3 years.

You should be good, I doubt they will need anything with that timeline. USCIS will be interested in your marriage status because it is on the naturalization certificate. Bring original marriage documents, divorce decrees, IRS tax transcripts, and any other requested documents needed.

If you were in the USA for any period of time in a day, even just one minute, it is not counted as time out of the USA. So only days where all 24 hours are out of the USA are counted against your continuous residency.