bianca08

I was married to a US citizen year 1999, he petitioned me to come over
in the US and got here 2001. Two years before the 2nd year anniversary
of my green card we filed the I-751. My I-751 was pending due to the
bckground check. I always get my passport restamp as my greencard. Year
2005 when I went back to the Detroit office to get another stamp for my
greencard the immigration officer told me that I can file the N-400
based in a 3 years marriage to a US citizen (in fact on that time I was
already 4 years married to a US citizen. So I did file for N-400 on 2005.
My I-751 and N-400 was pending due to name check and every year I have
to get a restamp for my passport. December of 2007 I got a letter
saying that I need to get another finger print since my last one was
already expired, so I did. January 2008 I got a letter for my N-400 interview
for the next month. But I had to cancel my interview because they want
me to have my interview in Detroit, and I'm already here in CA, which
they even sent the letter here in my new address. So I called the
customer service and talk to one of the immigration officer and told her my
situation. She told me to send the letter back to Detroit office and
let them know why I couldn't make it at the interview, (since I'm already
here in CA). 2 weeks ago I went to the Santa Ana office here in CA,
and talked to a immigration officer and told her about it, she checked
the computer and she told me that they got all my information already and
all I have to do is to wait for another interview appointment. Now my
problem is:

My husband and I got separated a couple of months ago, is it gonna be a
problem when I get my interview since I applied base in a 3 years
marriage. (were already 7 years married when we got separated.

Why I didn't get any interview for my I-751?

If I will go to interview for my N-400 are they gonna accept all the
utility bills, apartment lease, ad all the proof that I have even if
they're not recent and they're from my old address in Detroit when we was
still together?

I have all my tax return which are filing jointly, is that gonna be
enough proof?

If I will go to my interview are they gonna take me even I only have a restamp on my passport?

If I will refile again do I have to wait 3 years again just because of my background check?

Thank you for the help!

Noorah101

Yes, this will be a problem. You have to be living in marital union with your husband. You will probably have to wait 5 years from the time you became a PR to apply for citizenship now.

It's very normal for there NOT to be an interview for the I-751. In fact, it's rare if there is one.

My advice is to wait 5 years from when you became a PR, and file for naturalization at that time. Then your filing is not based on marriage to a USC.

Rene

bianca08

Hi Rene

Thanks for the quick reply...but I only have a restamp on my passport. My I-751 has been pending since 2003, that's why I don't understand if why I got an interview appt for my N-400 instead of my I-751. And when did my PR start? Was it when I got here in the US? I got here in the US 2001.

Noorah101

The I-751 and the N-400 are not related. There is rarely an interview for the I-751, but there is always one for the N-400. If your I-751 is not adjudicated by the time your N-400 interview comes around, the officer has the power to approve your I-751 so that he can then approve your N-400.

If you look at your green card, it will say "resident since...." That is the date you became a PR.

Why do you only have a stamp in your passport instead of an actual green card?

Rene

Noorah101

And also, what visa did you enter the USA with, back in 2001?

bianca08

My I-751 has been pending and everytime i'll talk to the IO they always tell me that it was just pending and that told me to file N-400. So I don't really have a real green card, that's why I'm confused if when is really my PR start.

I came here in the US back in 2001 as spousal visa.

Noorah101

OK, you came here in 2001 on a CR-1 spouse immigrant visa, is that correct? Or was it a K-3? That makes a difference.

If you came on a CR-1 spouse immigrant visa, then you would have become a PR upon entry to the USA, and should have received a plastic green card in the mail a few weeks after your arrival, way back in 2001.

If you came on a K-3, then you had to adjust status here, and would have had to adjust your status to permanent resident later on, which means you would have become a PR later, after you arrived...but you still would have gotten a plastic green card.

I am not understanding why you only ever got a stamp in your passport, and no physical green card.

When you filed the I-751 to remove conditions, you did not have a plastic green card in your possession then? So when the form asked you to make a copy of the front and back of the card, what did you do? Just make a copy of the stamp in your passport?

Rene

Noorah101

It occurs to me that you must know when you became a PR, because you have to know that in order to know when to remove the conditions.

Rene

Noorah101

This isn't quite true. You had to file the I-751 within the 90-day window just prior to your second anniversary as a PR, not two years before that date.

So you must know when you became a PR, because you knew when to file the I-751, right? What date did you file the I-751? That will tell you, that just about 2 years prior to THAT date, is the date you became a PR.

Rene

bianca08

Rene

Yes I came here as CR-1. Sorry I forgot to tell you that I got the green card from the mail a couple of weeks when I got here in the US and I filed to removed my conditional residency 90 days before the 2nd anniversary of my green card. If myy PR starts on that time when I got here, is my N-400 application still valid even I'm now separated since I've been here in the US for 7 years already? And what's gonna happen to my I-751 since we filed jointly? Should I still go to my N-400 interview?

Thank you so much for your help

Noorah101

OK, that clears things up, thank you. You became a PR when you got to the USA in 2001. So yes, you can file the N-400 based on 5 years as a PR, not based on your marriage.

Yes, you should go to your N-400 interview, and if your I-751 is approvable at that time, the officer can approve it that day.

However, I need to ask you at what point did you get divorced? You filed the I-751 jointly, but did you file another I-751 with a waiver, after you got divorced? This could be the problem with your I-751 adjudication. If you filed a joint I-751, and then get divorced, you need to RE-file the I-751 with proof that your marriage was in good faith.

If you are only still separated but NOT divorced, you might have a problem. I think it's a very grey area when you are separated but not divorced, with a jointly filed I-751 pending.

You might want to get a consultation with an immigration attorney, and actually have the attorney go to your N-400 interview with you, to help explain things.

Rene

bianca08

My husband and I just got separated a couple of months ago. I haven't file for divorce yet since I just move from a different States. If I will file for a divorce and re-file for I-751 by myself should I withdraw my N-400 application?

Noorah101

I think your case is complicated enough that it needs professional assistance. I recommend making an appointment to speak with an immigration attorney. You've got multiple issues: 1) An I-751 that's been pending 3 years. 2) An N-400 in the system with an interview date coming up. 3) You are recently separated from your husband. 4) You have changed your address recently.

Just one more question, I'm curious, when you sent the N-400 application, did you include 5 years of information with it? Or only 3?

Edit: I just re-read your first post, and you said you filed the N-400 based on 3 years of marriage. Since that isn't true anymore, you now want to file based on 5 years as a PR. I don't know if you're allowed to change that the day of your interview or if you need to refile based on the new filing status. Your case is complicated.

Rene

Noorah101

Even if you don't want to get an attorney, I would go to your N-400 interview anyway. You've paid the fee, you might as well go and see what they say!

Best case scenario, you're fine and they approve you. Worst case scenario is they tell you that you're not qualified, you either aren't fully approvable for the I-751 (because of the separation from your husband), or they tell you that you aren't fully approvable for the N-400 (because you filed based on marriage, which now you're separated). Either way, if you don't attend or you aren't approvable, you lose the filing fee. Get some advice from an attorney.

Rene

bianca08

Rene

Thank you so much.. I think I will still go and hope everything willl be ok.