Mystical_Fate

Hi,

Here's my situation....

I live in Tampa, FL and I got my conditional green card based on marriage in April 24, 2006. I applied for I-751 to remove condition on green card in April 24 2008 and it hasn't been adjudicated yet when I filed for N-400 in January 30, 2009 as I was eligible to apply for citizenship already. Now, I already got my letter for N-400 interview and citizenship test scheduled on May 28th while my I-751 is still pending. Meanwhile, I received a letter from USCIS last month (April '09) stating that they transferred my I-751 application from Vermont Service Center to Tampa filed office to join with my N-400 application. So I assumed that my N-400 and I-751 would be adjudicated the same day i.e. May 28th while I appear for citizenship test and interview.

Although it said NOwhere in the notice that my wife should accompany me to N-400 interview, but still, I was planning to bring her with me for the interview. And then last week, she was arrested and ended up in jail for charges against her. Now my question is, if she's still in jail during the interview date and I'm not able to take her with me for the interview, would that affect or jeopardize my N-400 and I-751 both ?

I'm really confused about this whole situation. Please help and advise ! Thank You !

Noorah101

Well, you MUST attend the N-400 / I-751 appointment whether your wife can attend or not. I doubt you will be completely denied for anything. I would say the I-751 approval is more of a formality at this point, so that they can then go ahead with the N-400 interview.

Bring proof of your joint life together from the time you filed the I-751, just in case the Officer wants to see it, but I don't think your wife's absence will jeopardize your case.

Worst case scenario, if the Officer does need to see your wife, you should be given a new date to return with her.

Rene

Mystical_Fate

Thank you for the quick and encouraging response !

I hope for her to get out of jail before May 28th, but I'm more concerned about the worst case scenario if she's still not released by then. Then I'd have no choice but to appear for the interview all by myself.

Since it's not mentioned anywhere in the interview notice to bring my wife with me and from what I've read in other threads and forums, I'm starting to think it might not be necessary for me to bring my spouse for the interview anyway, since they would not let her in the interview room in the first place or so I've been told.

I have all the other supporting documents and evidence ready for the interview though and I also have the proof and documentations of my wife being in jail if she can't make it on the interview date.

And speaking of worst case scenario, I wonder if my wife was to stay in jail for extended period of months after months, how would it be possible for the officer wanted to see my spouse at a later date ? So that would mean my case would be pending for months even after I passed my citizenship test ?

ian-mstm

The officer will likely not want to see your wife in connection with your N-400 application. It's *your* application... not hers. As long as you have proof of your life together and commingling of funds, she's pretty much irrelevant to the process (no disrespect intended).


That may be true, but it's low-risk anxiety... you remain a PR until such time as a decision is made. For a real worst case scenario, you simply re-apply later on if the case is denied.


This is my concern... it seems you applied exactly 2 years to the day rather than within the 90 days beforehand. If your application was received late, it could cause you problems. Again, I think it's low risk, but the risk definitely exists.

Ian

Mystical_Fate

Thanks for your response Ian.

As for evidence of our marital life together, we have joint tax returns for 3 years, joint bank account, joint lease, photographs, birthday and christmas cards, affidavits from her family and friends, joint property insurance policy, joint life insurance policy (no auto insurance as her license has been revoked due to DUI) and last but not least, her documentations of being in jail and the funding help I've been sending her frequently while on her stay in jail. Wouldn't all these be sufficient enough ?

As for your concern regarding my application date to remove my condition, what I meant to say was the receipt date on my notice said April 24, 2008 so that would be my priority date for I-751 application. They sent me a notice on dated May 19, 2008 that my conditonal status has been extended for one year, that puts me in safe position I believe.

Mystical_Fate

Btw, I went to a local immigration lawyer last weel for legal advice and to see if he could represent me during the interview although I filed for verything by myself... and while he said he's gonna charge me $750.00 when I talked to him on phone before I went to his office, but when I was in his office, he said he's gonna charge me $2500.00 for just representing me on the day of interview, since he thinks I made a mistake by applying for N400 while my I751 was pending and that way, I forced the immigration to call me for interview !!! Is that a bull or what ? According to him, the case is very complicated since they called me for N400 while I751 is not adjudicated yet, and IO will take me and my wife to separate room and ask 100 questions... he even said IO will take my wife first instead of interviewing me ! Is that lawyer way out of line or what ? I didn't even tell him yet that my wife is in jail and he was already threatening me ! Was he trying to scare me or whatever he was saying is true ? He looked at my notice for N400 interview and my extention of conditional status and I kept telling him there's no mention of requirement of bringing my spouse for the interview, but he said even though they did not mention it, it's a local rule to bring spouse. What's that supposed to mean ? And then he said, when me and my spouse would go together, they'd drill us with questions in separate room. And finally he said, if I give him $2500.00, he'll get it done for me 100% or else if I go to the interview by myself with or without wife, there's only 15% chance of me getting my N400 and I751 done. Is whatever he's saying true or he's just trying to threaten me to scare and make money out of it ?

Please share your input... I'll highly appreciate that !

ian-mstm

I wouldn't even bring up this last bit... it's largely irrelevant. The other evidence you have seems quite sufficient.


Yes, it does! <whew>


He's an idiot.


You'd be required to attend an N-400 interview anyway. If there's no problem with the I-751, it'll be approved the same day.


He was trying to scare you. It's times like this that I wish people had a recording of the conversation to present to the local bar association!


You're right... there is no such requirement.


He's a bottom-feeding, scum-sucking liar.

Ian

Mystical_Fate

Thanks Ian once again for your reply and input.

It's a relief to hear that evidences are suffient enough. And about that last piece of evidence of my wife being in jail, I wouldn't bring it up either, unless in worst case scenario, the IO asks me why my wife is not with me during the interview date. So that bit of evidence is saved as a backup only.

And thank you for agreeing with me about the immigration attorney. Haha. I just found out from a source that the attorney himself is not a US citizen yet, so I believe I just wasted my $150 for that stupid consultation from some lawyer who's apparently not even qualified. And come to think of it, he even mentioned to me before I left the office that immigration might think of my marriage as a scam because I'm a Muslim(of Indian descent) and my wife is a Christian. Now I never knew immigration has such criteria based on religion. What kind of lawyer in his right mind would say such a thing ?

Rete

Because there is truth in the statement? USCIS has its own list of differences to be on the look out for, i.e. race, age, religion, etc.

Mystical_Fate

In that case, I am obviously not the first Muslim who married a Christian in the land of immigrants. I've been living in this country for almost 12 years now and never before I was said or told that my religion could be an issue when it comes to USCIS. Good to know that now !