Announcement

Collapse
No announcement yet.

TO DANIEL, have you had your N-400 interview yet/I-751 approval??

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • TO DANIEL, have you had your N-400 interview yet/I-751 approval??

    To anyone who missed previous posts on this subject, I am placing a huge emphasis on the upcoming naturalization interview for Daniel who seems to frequent this discussion board. Basically from what Daniel told me, he was in the situation that many of us, if not already in, will be in when we come up for our naturalization interviews whereby our I-751s have yet to be adjudicated ........especially if you are stuck with Vermont. I was told by a lawyer that the BCIS officer will now be forced to adjudicate the I-751 at the same time as naturalization. Of course we have not had the opportunity to confirm this until now. Simply put, if this does in fact happen at daniel's interview then it will be a huge relief because then when I apply for naturalization next year there won't be a delay caused by the I-751. If I waited until I was approved by Vermont, it would probably take until 2005 and so Im wouldn't get my citizenship until 2006 or later which is ridiculous. So come on Daniel, if you have had your interview please put us out of our misery and tell us one way or the other regarding the issue of the I-751 in conjunction with the N-400.
    paddy

  • #2
    To anyone who missed previous posts on this subject, I am placing a huge emphasis on the upcoming naturalization interview for Daniel who seems to frequent this discussion board. Basically from what Daniel told me, he was in the situation that many of us, if not already in, will be in when we come up for our naturalization interviews whereby our I-751s have yet to be adjudicated ........especially if you are stuck with Vermont. I was told by a lawyer that the BCIS officer will now be forced to adjudicate the I-751 at the same time as naturalization. Of course we have not had the opportunity to confirm this until now. Simply put, if this does in fact happen at daniel's interview then it will be a huge relief because then when I apply for naturalization next year there won't be a delay caused by the I-751. If I waited until I was approved by Vermont, it would probably take until 2005 and so Im wouldn't get my citizenship until 2006 or later which is ridiculous. So come on Daniel, if you have had your interview please put us out of our misery and tell us one way or the other regarding the issue of the I-751 in conjunction with the N-400.
    paddy

    Comment


    • #3
      Not yet. I will post the outcome by the 20th of the month.

      Comment


      • #4
        You can have your interview concurrent with your I-751 processing, but you can't naturalize (take oath) untill the removal of condition is final! The purpose and wait of the whole wait process is obvious: it's to prevent fraudelent marriages for the sole purpose of gaining U.S. citizenship!

        Comment


        • #5
          acelaw,

          You are right, I agree with your statement that the purpose of the I-751 is to prevent fake marriages, but why then BCIS does not require I-751 approved before N-400 could be filed by the conditional residents. This would make everything clear. After my last conversation with the BCIS (2 weeks ago) I found out that if the citizenship is granted, the oath could be taken soon after and I-751 would be voided. Even the BCIS is not clear on this issue. Once, I called BCIS twice in a row and talked to two different people, and I got two different responses (one positive and one negative). I do not what to think.

          Comment


          • #6
            Personally, I think acelaw is wrong but then the impression I am getting from all of the posts on this website is that no one really knows including the BCIS. Saying that, I cannot believe that providing you meet all of the requirements of citizenship including passing the interview and tests that the BCIS would hold up the granting of naturalization for a pathetic 2 page document. Don't get me wrong, I fully agree with the purpose of the I-751, just not its administration which seems to vary greatly depending on where you live in this great nation. Daniel, good luck mate in the interview........I will be waiting with baited breath to hear your outcome......I am sure that everything will go smoothly....Just out of curiousity, which BCIS local office is the interview at and how long did it take from sending in your application to getting the interview date???
            cheers,
            Paddy

            Comment


            • #7
              I-751 is a Joint petition to remove the condition of marrige this should hav done after 2years of marriage between the US and LPR. It has nothing to do with the Naturalization.
              I think Now BCIS is also screwed up like INS.

              Comment


              • #8
                sab34:


                The problem is that the I-751 is taking A LONG TIME TO PROCESS (IN VERMONT ALMOST 2 YEARS) an in that waiting the alien becomes eligible for naturalization, so the issue is that they are calling people up for naturalization interview who still have their I-751 pending, see the issue?

                Comment


                • #9
                  sab34,
                  you are either totally ignorant or you don't have a clue or you are just blind. A sizable portion of the posts on this website have been devoted to the problem of the processing times for the I-751. You are right in the fact that the I-751 and N-400 have nothing to do with each other. However as aguila rightly stated, both of these applications are now connected because people are having to wait so long to get approved for the I-751, that they find themselves in the situation of turning up for a naturalization interview still having the I-751 wrapped around their ankles..... which is a ridiculous situation to occur........hence the reason for this post and many other posts before it......so do me a favor mate......read the actual words of a post before replying to it or just don't bother to start typing........your post was not only pathetic and ignorant but it was an insult.

                  Comment


                  • #10
                    Too All,

                    I have some bed news. I received a letter
                    from my local BCIS office stating that my naturalization interview has been descheduled, and I quote "due to an unforseen circumstances", end of quote. BCIS did not informed me why. I called the national serivce center and they did not know why either. I'm very disappointed, but I guess I should expect this coming. I think the reson is the I-751, which is still pending. I'm back to square one.

                    Comment


                    • #11
                      To Daniel:

                      I am SO SORRY..about what happened...hopefully everything will work out.

                      However you should write a letter and ask and explanation because it might be something else and not the I-751 the cause of this.

                      Did you get to speak to an Immigration Officer at the National Customer number or just spoke with the first kind of people that got your called? I make a point on this, because the Immigration Officer have access to more information on their systems...

                      Perhaps everything is not so bad and you will hear about your I-751 soon, since by filing your N400 you make then open their eyes that you have it pending.

                      Keep us updated, I APPRECIATE A LOT THAT YOU COME INTO THIS BOARD AND PUT YOUR EXPERIENCES IT REALLY HELPS ME AND OTHERS.

                      Comment


                      • #12
                        To aquila18,

                        When I called the National Service Center I pressed option 9 and I talked to the Immigratio Officer, but she told me that she cannot access this kind of information (she said that she did not have access???). The officer could not help me. I also tried to access my case status on line, and I got a message that my case could not be found. This scares me. CAN ANYBODY ELSE ACCESS THEIR CASE STATUS ON LINE?

                        Comment


                        • #13
                          heh Daniel, that is gut wrenching mate. Personally Daniel, if it was me in your situation, I would go down to your local office immediately and confront the BCIS to get some answers because this must be devastating to you to get so close to the goal line only for the goaline to be moved a further 100 yards away for no stated reason.......talking to the service center is like getting blood out of a stone.....they are completely useless.

                          Your local office has your file and they are the ones that set the interview, so they must have the answer as to why it was was cancelled. In reality, I think the nightmare has born reality whereby it looks like we will have to wait for that F***ing I-751 to be approved before getting citizenship instead of at the same time as citizenship. Makes absolutely no sense..However, I am now going to push my representative in congress. I had sent all my representatives letters and one of them came back with an answer to a question I never asked which defied the whole point I was trying to make. Basically I asked the same questions as I have been asking about the I-751 and N-400 and all they came back with was processing times which I could of got off here if I wanted. I let it go because I thought that it would be quicker to wait for Daniel's interview for the true answer.

                          Daniel, seriously I would go down to the BCIS office to find out why and if you don't feel comfortable then you should consult a lawyer I suppose............this is a sad day

                          Comment


                          • #14
                            Daniel:

                            First of all, there is no need to be in panic because there is nothing wrong in yr case so far, and the things you are experincing like the recent letter from BCIS, is a business as usual as far as BCIS is concerned. It might be unusual, strange and frustrating to you and others on this board because you guys have never heard or experienced this before, but it is perfectly normal as usual. So, you've got be chilled out.

                            Second, acelaw is completely right that the purpose of I-751 is to prevent fraudulent marriages that occured for the sole purpose of gaining U.S.residency. That was the ONLY reason for Congress to have made the law in respect to place a condition on an alien's status when an alien receives the status based upon the marriage with USC, otherwise there is no even any need to file I-751 or placing a condition.

                            I think aliens should be grateful to BCIS that it's allowing them to file N-400 even though their I-751s are still pending to get adjudicated, otherwise aliens will be waiting for very long time to become a citizen. It is a thoughtful policy of BCIS in the favor of aliens, and it is not a law.

                            Citizenship can not be granted BEFORE taking an oath, but you mentioned something in yr post that if citizenship is granted then you will take oath and I-751 would be voided. I-751 can never be voided or waived. Yes, only a citizenship INTERVIEW is passed or approved first before taking the oath. An alien can only be a citizen, when s/he takes an oath, so passing the interview or getting the approval on N-400 doesn't mean that an alien has become a citizen automatically. And, before N-400 is approved, I-751 must need to be approved first.

                            You will never find out the specific reason why BCIS has postponed your scheduled interview even if you contact your congresspersons or hire an attorney. Your case is not denied yet wherein BCIS is obligated to give you the reasoning. If someone retains an attorney on citizenship-case, BCIS thinks that there must be something wrong in the case that made you to retain an attorney, and then they will investigate the case with great scrutiny because of simply their suspicion even though the case is a very simple case. That's why it is not advisable to have an attorney on citizenship-case, unless you wanna give them the benefit of their doubts. Similarly, congresspersons can not do anything either at all whether it is for speeding the case up or increasing the chances to get approval, unless there is a humantarian ground is warranted in a case. Only thing they do is- inquiring the status of a case, that is. And, the only answer they would get back from BCIS is 'case is pending or processing', periord. Congresspersons know this very well because they do this kind of stuffs on daily basis, but they never tell to their constituents that what responses they would get back from BCIS in their responses, instead they will tell you that they will write BCIS very aggressively and will go in the bottom of yr case to find out what's wrong, but it is just a trick to make you believe that they care about their constituents so that they can get votes when an election would be around next time. Similarly, attorneys will do the same thing to get their fees, so if you still want to waste your money, time and efforts then go ahead and contact your congresspersons or retain an attorney, but trust me- you will never find out the specific reason why BCIS postpone your this interview.

                            The only reason, your scheduled interview is postponed because the assigned adjudication officer did not receive your 'filed I-751' from Service center as s/he was expecting prior to your interview, and now s/he can not approve your N-400 even after everything goes well at yr interview if I-751 doesn't get approved first. BCIS doesn't give specific reason why they are postponing the interview when the problem is something from their ends. That's why they said-'unforeseen circumstances'. It is not a law, instead an interm policy of BCIS that gives the adjudication officers on N-400 to adjudicate the both applications [I-751 & N-400] simultaneously at the time of interview on N-400. However, it's entirely upto the adjudication officer whether or not to adjudicate I-751 at the time of adjudication of N-400. Some officers prefer that service center to adjudicate I-751 and then forward them the approval before they even take interview on N-400 because they just don't want to do extra job or don't want to take the responsibilities of the cases. While some officers do adjudicated both applications to expedite the applications. So, it is simply not true that BCIS doesn't know anything about this matter or that BCIS is not clear on this matter, instead they are very clear on this matter. The truth is-you guys are speaking to the wrong people in the BCIS, who don't know for sure about this matter. They only give rough/approximate information on everything. As well, never rely on the processing time provided online of their site because processing time is just an idea and it could be more or less, depending on the processing of all the information on a case.

                            Let me tell you something more- [1] Never ever completely rely on the information provided by the BCIS officers over the phone or customer service at counter at local BCIS offices. You will be surprised to know that some officers who come on line can not even speak english correctly even though they are USC and working for BCIS, and matter of fact-they are only high school graduate. Believe or not, my 11 yrs old nephew knows more about immigration matters than them. You will never find the consistency in their answers, and if you ever argue with them then they will either hang up on you or will tell you that they are the one BCIS Officer instead of you. You can never find the specific reason or detailed information about yr case, nor you will find anything online. The only information an officer can pull on you if you call them or visit them at local offices is- where is yr file, what is yr legal status, your personal information like DOB, Place of birth, etc, but not about the specific information on yr file. Only the assigned officer would know about yr case. Actually, the assigned officer on yr case is waiting to receive yr 'filed I-751' from service center, that is. If there was something wrong, they would have already asked you the clarrification or documents before even scheduling an appointment for interview. They are just ashamed to tell you that it's a problem from their ends in service center.

                            I've noticed that someone has said that it is PATHETIC that an alien can not be a citizen just because of this "2 pages document" even after meeting all the requirements. Then, I would say that if it is not for this "2 pages documents" then they won't be eligible to be a citizen because the approval of their N-400 is entirely depend on this "2 pages document". Because if their I-751s are denied then they won't even be eligible for N-400 and would be deported, so because of this "pathetic 2 pages document", their immigration status are on cliffhanger. The question of being a citizen is later on, they need to focus on the approval of I-751 first. They should not count the fruits when trees is not even there. Paddy has said that it is ridiculous and has speculated that he will become citizen in 2006 or later, but the truth is people should not speculate anything because nobody knows what would happen in the case even though the case is seemed to be very simple. Some officers are very lazy who like to pile up the case on their desk without any action. And,sometimes BCIS can not get required verification on some information that would add additional time. And, even if everything goes well, an alien can not be a citizen until s/he takes an oath, which could take upto a year or more in itself in some jurisdiction to get appointment for an oath. Good luck and Take it easy.

                            [This message was edited by SAMMY on October 10, 2003 at 03:05 AM.]

                            Comment


                            • #15
                              To Sammy,

                              This all makes sense, and I understand that the BCIS must follow their internal procedures and first of all the immigration law. I was not planning on going to my local BCIS office. They would not be able to help me anyway. What's next? Are they going to locate my I-751 file and process it? Or, will I have to wait until they process everybody ahead of my filing date?. I filed my I-751 in January of 2002 (it has been 21 months now) and still waiting. I have been married for 6 years now, we have a house and two children. When I filed my N-400, I thought that the I-751 will be approved within 12 months, based on the letter from BCIS. I never expected that it would take 21 months to approve my I-751.

                              Sammy, it's not my business, but is seems like you know a lot what is going on behind the BCIS doors? How do you know all this?

                              Thanks to all for contributing. I'll keep everybody posted what will happen next.

                              Comment

                              Working...
                              X