BunnyGirl

Hey all, hope everyone's doing ok

Just a quick question re the above. I submitted our I751 applications at the end of July last year, biometrics completed last August.

No movement since then, looks like CSC in particular has slowed to a snail's pace. I called USCIS a few days ago (problem with a change of address form) and the rep I spoke to said that California were currently processing I751s from September 2016. No clue if she knew what she was talking about but anything's possible with USCIS...

Sooooo, assuming our I751s aren't processed before August, please could someone just advise on:

1) Do I need another extension letter? And do I request this via an infopass appointment?

2) I want to apply for citizenship asap, which will be August this year. Anything special I need to do other than submit the N400, given that I'll still have an unprocessed I751?

Thanks!

BunnyGirl

Rete

Just to clarify, you only have one I-751 in process, correct? Not multiple ones as your post indicates.

1. You need to make an infopass appointment and have them stamp your passport with another I-551.

2. Nothing special in regards to the N-400 submission. I'm not familiar with the relatively new online submission of the N-400 so do not know how evidence is gathered and submitted. Assume the online site will clarify all that. If anything, you will need proof of submission of the I-751 at some point. All evidence will be based on the last 3 years of your marriage, i.e. tax transcripts, proof the marriage is viable and ongoing. If the N-400 is being processed quickly (which unfortunately it isn't in most places at the moment), it will speed up the adjudication of the I-751 as that must be approved before you can naturalize. Ours was sped up so that approval occurred mere weeks from the naturalization interview date.

BunnyGirl

Thanks Rete.

Yes, multiple I751s - mine and my 9 year old sons (which is dependent on mine).

I never had an I551 stamp - we entered on K1/2 visas then did AOS. Shoot, I've just remembered that my son's passport expired last November, does he need a stamp too? Or is the stamp just for employment authorization?

Noorah101

The I-551 stamp is proof of PR status. It's not needed for work authorization. It would be needed to travel abroad, but then a valid passport would also be needed.

Rene

S Folinsky

Did you son enter after you? Just wondering why two I-751's.

If son's passport is not current, CIS (at least here in LA) will issue an I-94 with a pic embossed and a stamp.

Rete

My thought has well as I wasn't aware that a child needed to or could file an I-751. After all, it is not his marriage and his status is tied to the CPR. If the CPR is refused removal of the conditions, the child's green card is rescinded as well. And the reverse if the CPR is approved.

BunnyGirl

Ok, apologies, I've just checked our copies and it was just one I751 form - it was the 2 payments and receiving 2 receipt numbers (one in my name and one in my son's name) that threw me off!

Ok, so as long as we don't leave the country I don't need the I551 stamp. Got it.

Thanks all!

S Folinsky

I don't recall the exact rules, there are times where child enters at the same time as parent and therefore gets an independent two year conditional period.

civilservant

Approval of the N400 will force adjudication of the I-751.

S Folinsky

This has been past practice, but in the current "guardian of the gates" political climate, I'm not so sure this will continue. Just idle speculation.

Rete

While we are all free to speculate, there is really no reason why a continuation of past practice of adjudicating the I-751 quickly as the N-400 is pending will not continue.

The climate regarding immigration is towards illegal immigrants, either already in the country or attempting to enter the country, Dreamers, TPS users, and various employment based visas where approval was lax.

I don't hold with the usage of the "dark forces" or "guardian of the gates" as they aren't dark or hidden and the INS, BCIS and USCIS and ICE have always been the guardians of the gates as you have put it. They are upfront and in your face.

Rete

Actually there cannot be an approval of the N-400 until the I-751 is approved.

S Folinsky

It was often the practice that the N-400 would be scheduled for the interview and the 751 and adjudication thereof would be rolled in toto the interview. Same examiner would adjudicate both.

On immigration attorney forums there have been reports of some local offices refusing to roll in the 751 application, conduct the natz interview but defer decision pending 751 decision.

For now practice seems inconsistent, but such inconsistent practices cause complaints and often formation of a uniform national policy.

By the way, the law authorizes suit 120 days after the natz interview. The District Court judge is authorized to adjudicate the natz, but they usually instruct CIS to effectively "s**t or get off the pot."

Future developments might be interesting.

Rete

Husband's I-751 was adjudicated in November just ahead of his December 2 naturalization interview.

The I-751 was applied for in July the year before eligibility and when the next July came around he applied for naturalization. So adjudication of the I-751 took 17 months and was only forced at the 17th month due to the N-400 being ready for the interview.

BunnyGirl

Ok, resurrecting this as things have finally moved forward.

I have my N400 interview next month, but still haven't heard anything about my I751 application. I know that both applications were sent to Lee's Summit which leads me to believe that they'll be adjudicated together.

If so, should I take my husband to the N400 interview with me? The letter doesn't say to, but I'm sure I read somewhere about spouses being needed at the I751 interview.

We have 2 young boys so it would be far easier for him to stay home with them, but I don't want to hold up the process if he's needed there.

Thanks