OldUser

On May 31st, 2023, were you an LPR for over 5 years? Or did you file before you had full 5 years of residency? Many are eligible to file 90 days early. If you filed 90 days early and your interview is before you have full 5 years of residency, this gives USCIS right to deny N-400.

Sometimes applying for N-400 can lead to you losing GC if conditions were not removed properly. Where you married living together when your I-751 got approved? Do you have proof of that? If yes, full steam ahead at 5 year mark (with good preparation and potentially legal representation).

Yes, of course. Life doesn't stop while I-751 is pending. Yes, it preferred method for I-9. Use valid state ID / DL and unrestricted SSN card to avoid re-verification in the future. Good luck!

@Pbchief2 did you send all pages of every bank statement / bill? Did you send every month or skipped some? It may also be a case of USCIS wanting to see some fresh evidence since you filed the case.

Sorry for generalized reply, I'd follow the principle "If in doubt - keep as is". If it's that important you'd wait whatever it takes, right?

Hi @Kristy1456 Some I-751 petitions take years to get approved. No wonder you have this question. After filing I-751, few weeks later (2-6 weeks) you will receive a I-797 form, aka "extension letter". It will extend the green card by 48 months. You can reenter the US with it, but need to have it with you as well as expired green card. It's best to travel to Europe via big hubs such as Paris CDG. They'd know how to deal with it. Also big US airlines such is United can help eliminating issues. Here is thread discussing travelling on such extension letter:

As long as extension letter is valid, original and expired GC is with you, you should be OK.

Thank you, Mike. Not sure how would oath ceremony would be relevant for the kids in this case?

If this was the case the children either: - Would be US citizens already and won't need the oath - Or still need to file N-400 (which they didn't) if their father naturalized after their birth and or didn't spend enough time in the US etc. I think neither makes sense.

I guess this answers your question?

That's what my understanding is also. Either this is error due to incompetence of somebody at USCIS or dirty tactic to complicate your son's immigration path.

Couldn't agree more with @Mike E

Not sure what other would suggest, I'd adjust NOW, before any travel to avoid misrepresentation issue. Now you guys have the intent of her adjusting, so leaving and re-entering on F-1, especially if already married, can lead to undesirable consequences. She may be questioned by CBP and denied entry any time. What happens then?

Congratulations with approval! Sometimes it's all about waiting 🙂 Are you not eligible for N-400? I doubt the fees will ever go down. At least I am not aware of this ever happening. Most likely, with current rate of inflation, they'll double in 10 years.

This is very confusing situation to be in @Lyz I think USCIS is made a mistake arranging their oath ceremony. I'd consult with a lawyer, but it looks like your kids may be granted citizenship in error. That's a bad thing to happen. You probably need to clarify this with USCIS and let them know your kids aren't eligible for naturalization yet and require their green cards!

Looks like the OP hasn't naturalized yet!

Did your and your husband answers match? Did you provide new evidence of bonafide marriage? Did you have a lawyer with you?

Get it in writing from him.

Get it from them in writing saying it's fine. See how the lawyer reacts. By the way, if you have the previous lawyer's advice not to inform USCIS about divorce in writing, maybe that could be used in your defence when your N-400 is filed. It would be shaky evidence, but maybe a strong lawyer could use that to your advantage. E.g. "my client did not intend fraud and asked lawyer about the procedure but was misinformed." I am not sure this argument would fly, but it's worth considering. Do not apply for N-400 on your own. Only with good legal representation. You're right to be "a little scared". The cosequences of applying for N-400 can be huge in your case. Do you have plenty of good evidence of bonafide marriage with your ex spouse?

Hi @Charmss, if you're eligible, file under 5 year rule. You still will need to provide tax return transcripts for the last five years to show your good moral character. I think you still need to provide marriage certificate to prove your marital status. For N-400 under 5 year rule, you wouldn't need to provide bonafide marriage evidence. However, if you're I-751 is still pending, you and your spouse can still be interviewed or get RFE asking for more bonafide marriage evidence.

What do you mean? I-751 can only be filed on paper as of today.

That I don't know. I wouldn't think it's a problem though. There's a reason multiple fingers are fingerprinted.

No, this status change is normal. Your case can be in this status for a long time.

You mean I-751 approval? This can take from few days to 4+ years. Every case is different. You can also take a look at processing times to get an estimate: https://egov.uscis.gov/processing-times/

Was his name changed as part of naturalization in the US? Perhaps a FOIA request could help? Do you have a copy of his naturalization certificate?