Advice needed on wife's pending N-400

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vettipuls

Registered Users (C)
I will try to keep it short and to the point. Mailed N-400 during November 08. Me and my wife had our citizenship interview during March 09. We had been travelling back and forth to India since May 07 - Nov 08 visiting the US once every 6 months. We had to be in India due to my parents health. None of our trips were more than 180 days, but all of them were back to back.

We had disclosed all the trips on our N-400. So it was very obvious for the IO to get to the point right away in my case and grilled me. He said I did not do enough to preserve my permanant residency and gave a no decision letter N-652. He also went and spoke to my wife's IO and asked her to do the same which she did eventually. My wife's IO was very nice and was almost on the verge of approving my wife and scheduling her oath ceremony for the same day....but that was cut short after my IO's visit.

Within 1 week I received the citizenship denial letter citing the obvious. I hired an attorney and filed a N-336 during April 09. On May 12th the service overturned the original decision and approved my citizenship. I am taking oath on June 4th finally.

My wife hasn't received any update to her case since the interview. How do I proceed? My attorney thought my approval should have automatically triggered her approval but so far that has not worked. Should I take a infopass after my oath date to enquire about her status? If so what should she be asking the IO during the appointment? Any thoughts on how to proceed would be appreciated. Thanks in advance.
 
vettipuls said:
I will try to keep it short and to the point. Mailed N-400 during November 08. Me and my wife had our citizenship interview during March 09. We had been travelling back and forth to India since May 07 - Nov 08 visiting the US once every 6 months. We had to be in India due to my parents health. None of our trips were more than 180 days, but all of them were back to back.

We had disclosed all the trips on our N-400. So it was very obvious for the IO to get to the point right away in my case and grilled me. He said I did not do enough to preserve my permanant residency and gave a no decision letter N-652. He also went and spoke to my wife's IO and asked her to do the same which she did eventually. My wife's IO was very nice and was almost on the verge of approving my wife and scheduling her oath ceremony for the same day....but that was cut short after my IO's visit.

Within 1 week I received the citizenship denial letter citing the obvious. I hired an attorney and filed a N-336 during April 09. On May 12th the service overturned the original decision and approved my citizenship. I am taking oath on June 4th finally.

My wife hasn't received any update to her case since the interview. How do I proceed? My attorney thought my approval should have automatically triggered her approval but so far that has not worked. Should I take a infopass after my oath date to enquire about her status? If so what should she be asking the IO during the appointment? Any thoughts on how to proceed would be appreciated. Thanks in advance.
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Yes, schedule an Infopass and determine what the hold up is. You might also want to remind them that you were approved after an initial denial. Just hope they take that as a sign to approve hers as well instead of another denial, and appeal.
 
Thanks Bob. That is what I also had in mind. I have taken a infopass for 5th June for my wife. I will ask her to explain about what happened to my case. Hopefully they will schedule her oath instead of a denial and then an N-336 appeal.

I have taken the infopass for her before the 120 day period. Hopefully they won't give her a hard time because of that.

Thanks.
 
vettipuls said:
Thanks Bob. That is what I also had in mind. I have taken a infopass for 5th June for my wife. I will ask her to explain about what happened to my case. Hopefully they will schedule her oath instead of a denial and then an N-336 appeal.

I have taken the infopass for her before the 120 day period. Hopefully they won't give her a hard time because of that.

Thanks.
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Taking an Infopass less than 120 days after interview is not an issue.Just make sure your wife is present at Infopass. Don't be afraid to ask for supervisor if needed.
 
Bob we went in today morning at 10 am. The IO looked at my wife's A# and said she has been scheduled for oath on June 15th. She said that the oath ceremony letter is being sent out today and we should be getting it sometime next week. So finally a happy ending without having to go through N-336. Funny thing is we haven't received her approval letter yet. Is it common not to receive approval letter but still be scheduled for oath straight away? With USCIS you never know :-)
Thanks.
 
vettipuls said:
Bob we went in today morning at 10 am. The IO looked at my wife's A# and said she has been scheduled for oath on June 15th. She said that the oath ceremony letter is being sent out today and we should be getting it sometime next week. So finally a happy ending without having to go through N-336. Funny thing is we haven't received her approval letter yet. Is it common not to receive approval letter but still be scheduled for oath straight away? With USCIS you never know :-)
Thanks.
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Did she ever receive interview results letter after interview? Sometimes they forget to give it out and the applicant is otherwise scheduled for oath.
Being that the scheduled oath is so close, schedule an Infopass for June 12 just in case she doesn't receive oath letter by next Thursday (June 11). You can always cancel the Infopass once she receives the oath letter.
Btw, did she have the exact same travel history as you? Also, how was your oath yesterday?
 
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Bobsmyth said:
Did she ever receive interview results letter after interview? Sometimes they forget to give it out and the applicant is otherwise scheduled for oath.
Being that the scheduled oath is so close, schedule an Infopass for June 12 just in case she doesn't receive oath letter by next Thursday (June 11). You can always cancel the Infopass once she receives the oath letter.
Btw, did she have the exact same travel history as you? Also, how was your oath yesterday?
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Bob she got the N652 on the day of the interview which said decision cannot be made. Since then she hasn't received any sort of communication whatsoever from USCIS. So I am just curious if there is something we need to do if she doesn't get her approval letter but receives her oath ceremony letter before June 15th?

Like you said I will schedule another infopass on June 12th to be on the safer side to make sure we have the oath letter on hand.

My oath yesterday was pretty simple and straightforward. Was done in about 1 hour and applied for my expedited passport in the afternoon. My wife's travel history is a replica of mine. She was out 553 days consisting of 11 trips in the past 5 years while mine was 573 days.

Thanks.
 
vettipuls said:
Bob she got the N652 on the day of the interview which said decision cannot be made. Since then she hasn't received any sort of communication whatsoever from USCIS. So I am just curious if there is something we need to do if she doesn't get her approval letter but receives her oath ceremony letter before June 15th?

Like you said I will schedule another infopass on June 12th to be on the safer side to make sure we have the oath letter on hand.

My oath yesterday was pretty simple and straightforward. Was done in about 1 hour and applied for my expedited passport in the afternoon. My wife's travel history is a replica of mine. She was out 553 days consisting of 11 trips in the past 5 years while mine was 573 days.

Thanks.
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You don't need to do anything else if she receives her oath but otherwise doesn't receive another letter that says she was approved. The oath letter is her approval.

Goes to show how each IO interprets residency ties differently. I'm surprised your IO didn't at least give you the chance to prove residency ties and just denied your case initially altogether.
 
Bobsmyth said:
You don't need to do anything else if she receives her oath but otherwise doesn't receive another letter that says she was approved. The oath letter is her approval.

Goes to show how each IO interprets residency ties differently. I'm surprised your IO didn't at least give you the chance to prove residency ties and just denied your case initially altogether.
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Thanks Bob. Will update when we receive my wife's oath ceremoney letter.

Coming to your point on how different IO's view permanant residency is indeed fascinating and the approach each one uses to evaluate whether you broke it or not is indeed very intriguing. Will write in more detail later in the evening. I am sure it will come in handy for others in a similar situation.
 
vettipuls said:
Thanks Bob. Will update when we receive my wife's oath ceremoney letter.

Coming to your point on how different IO's view permanant residency is indeed fascinating and the approach each one uses to evaluate whether you broke it or not is indeed very intriguing. Will write in more detail later in the evening. I am sure it will come in handy for others in a similar situation.
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Congrats. vettipuls
Also, if you could detail on your appeal process.
 
Bob we received the oath letter for my wife today for June 15th. So this is the only communication from USICS with regards to my wife's case since the interview day when she was given the N652 no decision can be made letter. Interesting :-)
 
vettipuls said:
Bob we received the oath letter for my wife today for June 15th. So this is the only communication from USICS with regards to my wife's case since the interview day when she was given the N652 no decision can be made letter. Interesting :-)
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Good to hear. Don't worry about not getting any other letter.
 
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