Got notice for N400 interview while I751 pending... Please Help and Advise !

M

Mystical_Fate

Registered Users (C)
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 !
 
Mystical_Fate said:
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 !
Click to expand...
Do you anticipate her being in jail until at least May 28??
They will adjudicate both the n-400 and i-751 at your interview. If your wife is not available, the IO may ask to see her at another time.
 
Thank you for the quick 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.

So there are chances that if she's not available on May 28th and depending on the IO, my case would be denied or withheld ?
 
Mystical_Fate said:
Thank you for the quick 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.

So there are chances that if she's not available on May 28th and depending on the IO, my case would be denied or withheld ?
Click to expand...
A very small chance that IO may request to see your wife, but it's not something that would cause your case to be denied or withold adjudication.
 
Thank you so much once again.

I believe I now have much clearer view on this whole matter after what I've gathered from you.

Much appreciated !
 
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 there 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 !
 
Last edited by a moderator:
Mystical_Fate said:
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 there 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 !
Click to expand...


I would say before you do anything like that, try to get a second and even third opinion from two other lawyers. If they tell you the same thing, then you'll be able to make a decision, but from what you said it seems like the guy just want money and he scares you into hiring him for that purpose. Wait for the other posters to give their insight though.
 
Mystical_Fate said:
Thank you so much once again.

I believe I now have much clearer view on this whole matter after what I've gathered from you.

Much appreciated !
Click to expand...

Mystical
I was in the same situation. My I-751 was pending over 2 years due to background/FBI checks. In the meanwhile I applied for N-400 and got my background checks complete. They called me for N-400 interview while the I-751 was still pending. I was also perplexed to take my wife to the interview or not. Since they didn't ask me to bring her in the letter and she couldn't skip work on that day, we decided for her not accompany me on the interview.
The interviewing officer asked me if my wife was with me and I said, "no, she is not since I wasn't told to bring her", and he started the interview and few weeks later I took the citizenship oath.
In my opinion if they really want to talk to your wife and you for your I-751 adjudication they have all the right and authority to call both of you for interview. I dont think that there is any need to worry about it. Just go to interview and if they insist to talk to her just tell them that you can bring her to the interview at a later date of their choice. Good Luck for your interview.
 
Thank you all for your responses !

FriscoDude said:
I would say before you do anything like that, try to get a second and even third opinion from two other lawyers. If they tell you the same thing, then you'll be able to make a decision, but from what you said it seems like the guy just want money and he scares you into hiring him for that purpose. Wait for the other posters to give their insight though.
Click to expand...

Agreed completely. Although I've made up my mind about not taking any more attorney help for the interview as this is a genuine marriage based case and I'd rather appear for the interview all by myself if my wife can't accompany me. So we'll see what happens !

unique376 said:
Mystical
I was in the same situation. My I-751 was pending over 2 years due to background/FBI checks. In the meanwhile I applied for N-400 and got my background checks complete. They called me for N-400 interview while the I-751 was still pending. I was also perplexed to take my wife to the interview or not. Since they didn't ask me to bring her in the letter and she couldn't skip work on that day, we decided for her not accompany me on the interview.
The interviewing officer asked me if my wife was with me and I said, "no, she is not since I wasn't told to bring her", and he started the interview and few weeks later I took the citizenship oath.
In my opinion if they really want to talk to your wife and you for your I-751 adjudication they have all the right and authority to call both of you for interview. I dont think that there is any need to worry about it. Just go to interview and if they insist to talk to her just tell them that you can bring her to the interview at a later date of their choice. Good Luck for your interview.
Click to expand...

Thank you for your wishes and sharing your experience. I feel relieved after your post. I'm really looking forward to the interview !
 
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