2-nd N-400 to get around namecheck?

[begemot]

I applied for citizenship about a year ago, and as many here I am now stuck in namecheck. My application was on the basis of 5 years of residency.
But my spouse is a (naturalized) US citizen for more then 3 years, and we are married for more then 3 years. Thus, I could now apply for citizenship as a "spause of US citizen".
I wonder whether anybody had such experience of filing 2-nd N-400 in hope to bypass namecheck on the 2-nd one?
Or whoud it just result in more mess with USCIS?

 

[Bobsmyth]

I applied for citizenship about a year ago, and as many here I am now stuck in namecheck. My application was on the basis of 5 years of residency.
But my spouse is a (naturalized) US citizen for more then 3 years, and we are married for more then 3 years. Thus, I could now apply for citizenship as a "spause of US citizen".
I wonder whether anybody had such experience of filing 2-nd N-400 in hope to bypass namecheck on the 2-nd one?
Or whoud it just result in more mess with USCIS?

I don't understand your logic. You'd still have to go through a namecheck if you abandoned your current application and reapplied. I don't see how applying again would help you in any way.

 

[Ladybuggy]

I agree with Bobsmyth here. I don't understand your logic either. If you apply with a 2nd N-400 you are just as the first one get stuck in the Namecheck ...

Just give it some time and see what happens.

 

[begemot]

First of all, I did not say I would want to "abandon" my 1-st N-400. The fact of sending a second one in my opinion vould not automatically invalidate the first one.
I believe that most probably both of them would be processed independently (given the usual mess in USCIS they probably will not join them in one).
Now, the 2-nd one is going to be send to namecheck too, but there is a chance it would go through it quicker. The reason is that as far as I know nobody here has exact understanding of how the namecheck is processed in detail. For example 2-nd namecheck request could be assigned to a different clerk at FBI who works quicker, or goes after certain files earlier, or whatever. I do not want to speculate about the things I do not know, but there is no indication that namecheck is that "linear" (first in first out).
This is my logic.
I just wanted to know whether anybody thought along those lines or tried something like that.
I would wait, but unfortunately I have pressing family situation with people I am responsible for, so I would try anything which has a reasonable chance of speeding up the process.

 

[Bobsmyth]

First of all, I did not say I would want to "abandon" my 1-st N-400. The fact of sending a second one in my opinion vould not automatically invalidate the first one.
I believe that most probably both of them would be processed independently (given the usual mess in USCIS they probably will not join them in one).
Now, the 2-nd one is going to be send to namecheck too, but there is a chance it would go through it quicker. The reason is that as far as I know nobody here has exact understanding of how the namecheck is processed in detail. For example 2-nd namecheck request could be assigned to a different clerk at FBI who works quicker, or goes after certain files earlier, or whatever. I do not want to speculate about the things I do not know, but there is no indication that namecheck is that "linear" (first in first out).
This is my logic.
I just wanted to know whether anybody thought along those lines or tried something like that.
I would wait, but unfortunately I have pressing family situation with people I am responsible for, so I would try anything which has a reasonable chance of speeding up the process.

You can't have concurrent N400 applications. If you applied again, your second application would be rejected on the basis of your first application pending. How long has your file been pending in name check ? If it's been over a year you may consider filing WOM. Also, when does your GC expire? You mentioned you have family situation - are you worried about travel outside US while case is pending?

 

[VivaLasVegas]

You can't have concurrent N400 applications. If you applied again, your second application would be rejected on the basis of your first application pending.

not true. I acutally have 2 N-400's pending with USCIS why? because when I first filed they lost my paperwork. So i had to refile again. Once that was done they mysteriously found my original N-400 and assigned it a different receipt#. USCIS basically merged both my N-400 files together and only sent me 1 FP notice and 1 request for the name check was sent to the FBI. I will be given the option to withdraw 1 application during my interview in the next few weeks I will let you guys know what the process is to withdraw 1 app.

 

[boatbod]

begemot,

I suggest you do some research on how namecheck actually works before wasting money on a second N-400 application. The key thing to understand is once your name drops out of the automated query system, it may languish in the manual queue for quite some time until a clerk is available to perform the manual lookup. Why would there be any reason to assume your name would pass the automated query the second time, when you already know it didn't first time around?

 

[Bobsmyth]

not true. I acutally have 2 N-400's pending with USCIS why? because when I first filed they lost my paperwork. So i had to refile again. Once that was done they mysteriously found my original N-400 and assigned it a different receipt#. USCIS basically merged both my N-400 files together and only sent me 1 FP notice and 1 request for the name check was sent to the FBI. I will be given the option to withdraw 1 application during my interview in the next few weeks I will let you guys know what the process is to withdraw 1 app.

Your case is different from what begemot wrote. USCIS ended up merging your case because they lost your file. For technical purposes, USCIS will only have 1 application on file (as you will withdraw one of the applications) . Concurrent applications implies 2 separate applications being flied independent of eachother, not merged applications as in your case.

Coming back to begemot's case, if he submits a second application, I would think that USCIS will not see this as a separate application and either merge it with his existing one or ask him to withdraw it. In other words, it won't have his intended effect: concurrent separate application to force 2nd fp and name check.