Filling N400 While I-751 Pending + Green Card Taken

[fpm800]

Hello everyone,
I have a question about filling for my naturalization based on the fact that my wife and I have been married for more than 3 years. We have filled for the removal of conditional status for me but the case still says it is pending. I am now eligible to file the N400 for citizenship but I no longer have my green card because it was taken from me when I went in for a infopass appointment to get my passport stamped with a I-551 because my one year extension was due to expire in less than 2 weeks. I know that I need a copy of my green card to send in with the N400 application, but how can I send it in if it was taken from me? Will sending the copy of my passport with the I-551 take the place of the Green Card?

I would also like to know if my wife will have to be present for the interview process for the N400 application. I am asking this because we are currently living in separate states due to the fact that I am in graduate school getting my doctorate in physical therapy. She came to the second interview for the I-751 because it was a necessary but it was extremely hard to do that due to the fact that we are both in school and I am working only 1 day and go to school 5 days a week for 50+ hours a week which makes it extremely hard to have extra money to get airplane tickets. Thank you in advance to all.

[rayb]

1. Don't apply for Naturalization until you have your 10-year Green Card.
2. If applying for Naturalization based on the "3-year" rule, both husband and wife must be present for the interview, since your N-400 application is based on a marital relationship with a U.S. citizen.

--Ray B

Hello everyone,
I have a question about filling for my naturalization based on the fact that my wife and I have been married for more than 3 years. We have filled for the removal of conditional status for me but the case still says it is pending. I am now eligible to file the N400 for citizenship but I no longer have my green card because it was taken from me when I went in for a infopass appointment to get my passport stamped with a I-551 because my one year extension was due to expire in less than 2 weeks. I know that I need a copy of my green card to send in with the N400 application, but how can I send it in if it was taken from me? Will sending the copy of my passport with the I-551 take the place of the Green Card?

I would also like to know if my wife will have to be present for the interview process for the N400 application. I am asking this because we are currently living in separate states due to the fact that I am in graduate school getting my doctorate in physical therapy. She came to the second interview for the I-751 because it was a necessary but it was extremely hard to do that due to the fact that we are both in school and I am working only 1 day and go to school 5 days a week for 50+ hours a week which makes it extremely hard to have extra money to get airplane tickets. Thank you in advance to all.

[fpm800]

Thank you for the quick response. I was under the impression that filing for naturalization while the I-751 is pending was an acceptable action. Based on the fact that I already had to miss 1/2 day of school to get my passport stamped with the I-551, I would really like to avoid having to do that again if the I-551 stamp extension runs out and the case status is still pending. Also, is there a reason why you are recommending not filing the N400 while the I-751 is pending?
I am under this assumption based on secion B.2. on the USCIS website which states "An application for naturalization may not be approved if there is a pending petition for removal of conditions. If an applicant’s petition to remove conditions is pending at the time of filing or is filed prior to the interview, USCIS will adjudicate the petition to remove conditions prior to or concurrently with the adjudication of the naturalization application.[6]"
Thank you once again.

P.S. I do have a photocopy of my green card that was taken when I went to the infopass appointment.

[rayb]

You are "muddying the water" and risking loss of your $680 N-400 fee by attempting to proceed with the N-400 before you have a 10-year Green Card.

You have no control over the timeframe or completion of either procedure, so trying to do both at the same time is a recipe for problems within the next few months.

You didn't need to get an I-551 stamp in your passport, as your I-751 receipt provided you a one-year extension of your "conditional" status, unless the one-year extension was already at risk of running out.

--Ray B

Thank you for the quick response. I was under the impression that filing for naturalization while the I-751 is pending was an acceptable action. Based on the fact that I already had to miss 1/2 day of school to get my passport stamped with the I-551, I would really like to avoid having to do that again if the I-551 stamp extension runs out and the case status is still pending. Also, is there a reason why you are recommending not filing the N400 while the I-751 is pending?
I am under this assumption based on secion B.2. on the USCIS website which states "An application for naturalization may not be approved if there is a pending petition for removal of conditions. If an applicant’s petition to remove conditions is pending at the time of filing or is filed prior to the interview, USCIS will adjudicate the petition to remove conditions prior to or concurrently with the adjudication of the naturalization application.[6]" Reference: http://www.uscis.gov/policymanual/HT...-Chapter5.html
Thank you once again.

P.S. I do have a photocopy of my green card that was taken when I went to the infopass appointment.

[fpm800]

The reason why I needed to get my passport stamped with the I-551 is because the one-year extension based on the receipt of the I-751 was almost running out (it is due to run out on 01/25/2014). I also understand that I have no control over the time frame or completion of either procedure. However, filing for the N400 application while the I-751 is still pending seems to be an okay practice from what I have read online. I thank you so much for your advice, but can you tell me why you are saying that I am running the risk of losing the N400 application fee just because the I-751 is still pending? I would not like to waste time filing for my naturalization which is the reason why I am interested on filing for it while the I-751 is still pending.

You are "muddying the water" and risking loss of your $680 N-400 fee by attempting to proceed with the N-400 before you have a 10-year Green Card.

You have no control over the timeframe or completion of either procedure, so trying to do both at the same time is a recipe for problems within the next few months.

You didn't need to get an I-551 stamp in your passport, as your I-751 receipt provided you a one-year extension of your "conditional" status, unless the one-year extension was already at risk of running out.

--Ray B

[rayb]

The odds are that your continued "conditional status" won't interfere with the N-400 process. But since your I-751 process is still pending and if you receive any Request for Evidence for that procedure, your N-400 processing is threatened.

It's simply risky to attempt two immigration-related procedures at the same time, as a failure with either one can affect the other.

--Ray B

The reason why I needed to get my passport stamped with the I-551 is because the one-year extension based on the receipt of the I-751 was almost running out (it is due to run out on 01/25/2014). I also understand that I have no control over the time frame or completion of either procedure. However, filing for the N400 application while the I-751 is still pending seems to be an okay practice from what I have read online. I thank you so much for your advice, but can you tell me why you are saying that I am running the risk of losing the N400 application fee just because the I-751 is still pending? I would not like to waste time filing for my naturalization which is the reason why I am interested on filing for it while the I-751 is still pending.

[fpm800]

Once again I must thank you for the quick reply. Some information on my I-751 application. I did receive a notice for request for further evidence and we sent more evidence in . We already had the second interview, i.e. the interview for the removal of conditional status, at which time the IO told us to wait for 2 months for his decision. Are you saying that USCIS might ask again for more evidence, even though we already had our second interview? Also, when I went to the infopass appointment the person I spoke to said that it could take 6+ months for a decision as far as he knows. So that is the reason why I wish to file for the N400 while the I-751 is still pending. I do not want the I-551 extension to run out and have to get another one as my schedule is extremely tight. Thank you once again for all the help.

The odds are that your continued "conditional status" won't interfere with the N-400 process. But since your I-751 process is still pending and if you receive any Request for Evidence for that procedure, your N-400 processing is threatened.

It's simply risky to attempt two immigration-related procedures at the same time, as a failure with either one can affect the other.

--Ray B