Erli

My brother received a letter for N-400 interview at Charlotte office,
NC for Nov 7. However, he has not had his removal of condition (I-751)
yet. His timelines:
Sep 16, 2003 sent I-751
Sep 17, 2004 sent N-400
Jan 2005 rec'vd letter that his removal of condition docs are sent to
Charlotte office for an interview. Never heard anything since then.
Aug 30, 2005 rec'vd letter to come for N-400 interview in Nov 7.

My questions are:
1- His condition is not removed yet, and we have received no letter of
interview so far. What will happen the day of N-400 interview if
condition is not removed yet? Will they sent an I-751 interview letter
before Nov 7 or will they be done the same day?

2-His situation is complicated due to his wife being in jail. She was
put in jail a month ago, but she is not sentenced yet. He is still
married to her, but he will not be able to show up with her for the
I-751 interview. What should he do in this case when asked where his
wife is? I know he will tell the truth about her being in jail, but
what are the problems this will create for him?

3-The fact that she is in prison is it going to make his removal of
conditions more difficult? What documentation should he bring with him?

Please help with your input. Any help very much appreciated.
Erlie.

Noorah101

They will usually approve the I-751 just before (or along with?) the N-400 when it comes to that.

There usually is not an interview for removing conditions.

I don't know if that will have an effect on his removal of conditions or not, or if he will even be called in for an interview to bring documents in person.

Best Wishes,
Rene

Folinskyinla

Hi:

You don't give the time line -- but if N-400 filed less than 5 years before obtaining permanent residence status, he may have trouble on the "residing in marital union" part. I'm not sure on this. Does the jail in question allow for conjugal visits?

Erli

Thank you for your reply. In fact I did post his timeline: Sep 16, 2003
sent I-751
Sep 17, 2004 sent N-400
Jan 2005 rec'vd letter that his removal of condition docs are sent to
Charlotte office for an interview. Never heard anything since then.
Aug 30, 2005 rec'vd letter to come for N-400 interview in Nov 7.

But if you ask about the N-400 it was filed less than 5 years from the
PR. He got his AOS/PR in Dec 2001 and filed for citizenship in Sep
2004. He was married March 2001.

I have these questions for you if you can help:
1-Is he going to be called for an interview for removal of conditions?
If so, what documentation should he bring to prove to the INS officer
that his USC wife is in prison and can not come? What are the problems
he might have?

2- Is it possible tha he may not be called for a removal of conditions
interview at all, but on the day of N-400 interview he will be
automatically go for citizenship after all the interview questions?
Based on the letter we received for N400 interview, INS is not asking
for USC wife to come.

Thanks again

marasmus

Charlotte,NC seems to be moving on the N-400s then. When was fingerprinting done Erli?

iyad

I might have good news for you...

A friend of mine had the same exact situation... His wife was in prison when he was called for his removal of conditions interview...

Make sure he gets an official notice stating that his wife is in fact in prsion for that period and present that to the interviewer...

It went very smooth and my friend was granted approval...

Good luck

marasmus

Iyad,
Is your friend in Charlotte, NC, district office also? If so, when did they file for citizenship(priority date)?

=================

iyad

Nope, he's in NYC and this was two years ago... But still, the fact that wife is in jail had no effect on the case.