N-400 interview while I-751 pending... should I take attorney with me ?

M

Mystical_Fate

Registered Users (C)
Hello All,

As a follow up to my situation on a previous thread, this is where I stand now...

I have a conditional green card based on marriage and appiled for N-400. My wife ended up in jail this month and is still in jail while my naturalization interview is next week on May 28th with my I-751 still pending. Since my wife could not come with me on the interview date and I'm afraid the IO might want to talk to her/see her and grill me with unforseen questions to make me struggle, is it wise for me at this point to hire an immigration attorney to accompany me to the interview ? Would an attorney be a help in this situation ?

I e-mailed one attorney and I might see him for legal advice. But before I go there, I would like to hear some advice and suggestion from you good people.

Thank you !
 
Mystical_Fate said:
Hello All,

As a follow up to my situation on a previous thread, this is where I stand now...

I have a conditional green card based on marriage and appiled for N-400. My wife ended up in jail this month and is still in jail while my naturalization interview is next week on May 28th with my I-751 still pending. Since my wife could not come with me on the interview date and I'm afraid the IO might want to talk to her/see her and grill me with unforseen questions to make me struggle, is it wise for me at this point to hire an immigration attorney to accompany me to the interview ? Would an attorney be a help in this situation ?

I e-mailed one attorney and I might see him for legal advice. But before I go there, I would like to hear some advice and suggestion from you good people.

Thank you !
Click to expand...

There is no requirement to have your spouse present at naturalization interview, although the IO may request to see her. If IO does ask, just tell IO she wasn't available for interview. The IO will likely leave it at that and move on instead of grilling you why she wasn't available.
 
Thanks for your reply you all.

To Bobsmyth: Thanks once again for your advice ! So if I'm asked questions like "Is your wife with you" or "Where's your wife" ... what would be line of answers if I may ask ? I just don't want to reveal too much information unknowingly and unnecessarily. Should I just say " She's not here since I wasn't told to bring her" ?
 
Mystical_Fate said:
Thanks for your reply you all.

To Bobsmyth: Thanks once again for your advice ! So if I'm asked questions like "Is your wife with you" or "Where's your wife" ... what would be line of answers if I may ask ? I just don't want to reveal too much information unknowingly and unnecessarily. Should I just say " She's not here since I wasn't told to bring her" ?
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Something along the lines of:

-Where's your wife?

She's not here since I wasn't told to bring her and she had a schedule conflict.


Your spouse being in prison is irrelevant as you are the one being interviewed, not her.
 
Ok, I think I just wasted another $100 today when I went to another attorney for legal consultation regarding my situation. Firstly, the attorney wasn't available even after scheduling an appointment, so I ended up with his assistant, who I'm not sure, how qualified to comprehend my case. According to her, since my wife is not available, the attorney would file on my behalf to postpone and reschedule the interview showing the actual reason that my wife is in prison and then later, when my wife gets released, that same attorney will accompnay me and my wife i.e. of course, if I retain this attorney's service which would cost me $1750.00 exactly.

To start with, I wouldn't pay $1750.00 to someone just for rescheduling/postponing interview date... it takes years for people to get naturalization interview and why would I delay it just because my wife is in jail ? And even if I had to postpone the interview for my wife to get released, I could always take my wife with me for the interview instead of some lawyer. And most importantly, I didn't like the idea of rescheduling the interview because of no fault of mine and I firmly believe my wife being in prison is solely a stupid reason to postpone interview.

Please correct me if I am wrong !
 
Mystical_Fate said:
Ok, I think I just wasted another $100 today when I went to another attorney for legal consultation regarding my situation. Firstly, the attorney wasn't available even after scheduling an appointment, so I ended up with his assistant, who I'm not sure, how qualified to comprehend my case. According to her, since my wife is not available, the attorney would file on my behalf to postpone and reschedule the interview showing the actual reason that my wife is in prison and then later, when my wife gets released, that same attorney will accompnay me and my wife i.e. of course, if I retain this attorney's service which would cost me $1750.00 exactly.

To start with, I wouldn't pay $1750.00 to someone just for rescheduling/postponing interview date... it takes years for people to get naturalization interview and why would I delay it just because my wife is in jail ? And even if I had to postpone the interview for my wife to get released, I could always take my wife with me for the interview instead of some lawyer. And most importantly, I didn't like the idea of rescheduling the interview because of no fault of mine and I firmly believe my wife being in prison is solely a stupid reason to postpone interview.

Please correct me if I am wrong !
Click to expand...

The attorney is trying to justify their cost by postponing the interview so that your wife could be present at interview (this is overkill IMO).
You can ether pay the attorney and have them file for a postponement (waste of money) or go to interview alone, and tell IO wife is not available. if IO asks. The IO won't deny your case based on you're wife not being there..worst case scenario is that he schedules you for another interview when your wife becomes available.
 
Mystical_Fate said:
Ok, I think I just wasted another $100 today when I went to another attorney for legal consultation regarding my situation. Firstly, the attorney wasn't available even after scheduling an appointment, so I ended up with his assistant, who I'm not sure, how qualified to comprehend my case. According to her, since my wife is not available, the attorney would file on my behalf to postpone and reschedule the interview showing the actual reason that my wife is in prison and then later, when my wife gets released, that same attorney will accompnay me and my wife i.e. of course, if I retain this attorney's service which would cost me $1750.00 exactly.

To start with, I wouldn't pay $1750.00 to someone just for rescheduling/postponing interview date... it takes years for people to get naturalization interview and why would I delay it just because my wife is in jail ? And even if I had to postpone the interview for my wife to get released, I could always take my wife with me for the interview instead of some lawyer. And most importantly, I didn't like the idea of rescheduling the interview because of no fault of mine and I firmly believe my wife being in prison is solely a stupid reason to postpone interview.

Please correct me if I am wrong !
Click to expand...

The attorney is trying to justify their cost by postponing the interview so that your wife could be present at interview (this is overkill IMO).
You can ether pay the attorney and have them file for a postponement (waste of money) or go to interview alone, and tell IO wife is not available. if IO asks. The IO won't deny your case based on you're wife not being there..worst case scenario is that he schedules you for another interview when your wife becomes available.

Save you money..buy your wife a nice dinner when you pass your interview.
 
Bobsmyth said:
The attorney is trying to justify their cost by postponing the interview so that your wife could be present at interview (this is overkill IMO).
You can ether pay the attorney and have them file for a postponement (waste of money) or go to interview alone, and tell IO wife is not available. if IO asks. The IO won't deny your case based on you're wife not being there..worst case scenario is that he schedules you for another interview when your wife becomes available.

Save you money..buy your wife a nice dinner when you pass your interview.
Click to expand...

That's what I thought exactly. I finally decided to stop wasting my time (and money) on attorneys and rather go by myself for the interview. And yes, I can't wait to see my wife once I'm done with this. :)

Thank you so much for your attention and advice Bobsmyth. That was a big help and encouragement. I'll keep you posted as to what happens on the interview date !
 
Mystical_Fate said:
That's what I thought exactly. I finally decided to stop wasting my time (and money) on attorneys and rather go by myself for the interview. And yes, I can't wait to see my wife once I'm done with this. :)

Thank you so much for your attention and advice Bobsmyth. That was a big help and encouragement. I'll keep you posted as to what happens on the interview date !
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mystical fate can you please update about ur case as i am in same boat and i also can not take my wife to interview as my I751 also pending
 
N-652 A decision cannot yet be made about your application

As a follow-up to my case, I went to the naturalization interview today and this is what happened....

The IO first asked for my GC, DL and Passports. And then she asked me about my wife and I told her she wasn't available as I wasn't told to bring her and she had a schedule conflict. The IO replied "Spouse is usually not required for the interview, but in your particular case since I-751 is still not adjudicated, we need to interview both you and your wife together, so we have to reschedule another interview with both you and her" And then she said she cannot adjudicate I-751 and didn't even ask for any joint documents or proof of marriage. She just went ahead with the citizenship test and I answered all the civic, reading and dictations correctly and she went over the N-400 application form and verified all the information and had me sign my 2 passport size photgraphs and then sign the last two parts of the N400 form... Part 13. Signature at interview and Part 14. Oath of Allegiance.

And then she handed me the N-652 form where it said "You passed the tests of English and U.S. history and government" and then cross-marked B) A decision cannot yet be made about your application. And she finally told me that I'd getting a letter of another interview with my wife for I-751 adjudication in the near future and wished me a good day.

Now, what am I supposed to make out of all this ? I know I passed the naturalization test but I'm afraid if they reschedule me for I-751 interview with my wife and she's still not out of prison by then, then what choice do I have ?

Any suggestion, advice.... please ?
 
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If the schedule falls before your wife is able to join you, I suggest showing up with as much evidence of bona fide marriage as you can. This time, you have to tell the IO the reason your wife is unable to make it. If you're lucky, your case will be adjudicated based on the evidences you have brought with you. Worst case, you'll get another postponement. Hopefully, your wife will be out of jail then.

That's just my 2 cents.
 
Mystical_Fate said:
As a follow-up to my case, I went to the naturalization interview today and this is what happened....

The IO first asked for my GC, DL and Passports. And then she asked me about my wife and I told her she wasn't available as I wasn't told to bring her and she had a schedule conflict. The IO replied "Spouse is usually not required for the interview, but in your particular case since I-751 is still not adjudicated, we need to interview both you and your wife together, so we have to reschedule another interview with both you and her" And then she said she cannot adjudicate I-751 and didn't even ask for any joint documents or proof of marriage. She just went ahead with the citizenship test and I answered all the civic, reading and dictations correctly and she went over the N-400 application form and verified all the information and had me sign my 2 passport size photgraphs and then sign the last two parts of the N400 form... Part 13. Signature at interview and Part 14. Oath of Allegiance.

And then she handed me the N-652 form where it said "You passed the tests of English and U.S. history and government" and then cross-marked B) A decision cannot yet be made about your application. And she finally told me that I'd getting a letter of another interview with my wife for I-751 adjudication in the near future and wished me a good day.

Now, what am I supposed to make out of all this ? I know I passed the naturalization test but I'm afraid if they reschedule me for I-751 interview with my wife and she's still not out of prison by then, then what choice do I have ?

Any suggestion, advice.... please ?
Click to expand...
You'll need to go to I-751 reschedule interview with your wife one way or another. Why is she still in prison? Does she have a bail hearing anytime soon?
As for your N-400, there is a chance they will deny it based on conditions not being removed on GC. Did you ask IO if they would hold off adjudication on your N-400 until they adjudicate your I-751? If not, schedule an Infopass and determine if they will hold off adjudication of your N-400 until they reschedule you and your wife for an interview. Speak with a supervisor and put in an official request in writing if you need to.
 
Thank you for the responses.

Well, the IO mentioned since I passed the test, my N-400 will be on hold till my I-751 is adjudicated, so it seems like the N-400 part is taken care of and the only part left is I-751 adjudication which will be apparently done in a rescheduled interview.

As for my wife being in jail, she has not one but 2 grand theft charges against her and she has a trial hearing on July 2nd. If I can't get her out on bail by the time the rescheduled interview date comes (which has to happen before July 2nd because she has a chance of getting sentenced on the hearing), or even worse, she is sentenced for an extended period of time at the trial which is more likely as per the case is proceeding... then I guess I'll have to go the rescheduled interview alone again and explain to IO the whole situation. I wonder what would happen then ?

And in between all this, I'm more worried about my conditional status although the IO said I'll be fine as long as I have the N-652 form she gave me.

Any idea when I could get the letter for rescheduled interview from today's date ?
 
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Mystical_Fate said:
Thank you for the responses.

Well, the IO mentioned since I passed the test, my N-400 will be on hold till my I-751 is adjudicated, so it seems like the N-400 part is taken care of and the only part left is I-751 adjudication which will be apparently done in a rescheduled interview.

As for my wife being in jail, she has not one but 2 grand theft charges against her and she has a trial hearing on July 2nd. If I can't get her out on bail by the time the rescheduled interview date comes (which has to happen before July 2nd because she has a chance of getting sentenced on the hearing), or even worse, she is sentenced for an extended period of time at the trial which is more likely as per the case is proceeding... then I guess I'll have to go the rescheduled interview alone again and explain to IO the whole situation. I wonder what would happen then ?

And in between all this, I'm more worried about my conditional status although the IO said I'll be fine as long as I have the N-652 form she gave me.

Any idea when I could get the letter for rescheduled interview from today's date ?
Click to expand...

m fate
sorry to hear this wat was happend with you. I am in same situation like yours , i wonder to know how long you are married and how long ago u got ur conditional GC.

wish you Good Luck
 
Mystical_Fate said:
Any idea when I could get the letter for rescheduled interview from today's date ?
Click to expand...

It really depends on your DO and their interview schedule availability. Anywhere from 1-3 months should be expected.

As for possibility of your wife not being available for interview, you'll have to determine if USCIS will grant you a continuance or if they will take your circumstance into consideration (bring your wife's arrest record and documentation that she is in prison) to interview. Explore your options with a legal professional as well.
 
Bobsmyth said:
It really depends on your DO and their interview schedule availability. Anywhere from 1-3 months should be expected.

As for possibility of your wife not being available for interview, you'll have to determine if USCIS will grant you a continuance or if they will take your circumstance into consideration (bring your wife's arrest record and documentation that she is in prison) to interview. Explore your options with a legal professional as well.
Click to expand...


Thanks for the timeline info. I really hope the rescheduled interview comes before the summer is over.

As for my wife, I'm really beginning to lose my hope on that one. It's not the first time she's been in prison and putting up with her problems keeps me getting in trouble, and today was just another example. The thought of separating ways and getting divorced came in my mind earlier, but couldn't make a decision since both my I-751 and N-400 were pending (which still are, as of today, ironically).

But now seeing how the DO in Tampa is treating the case (the spouse requirement for interview) and realizing my wife won't be out before the the next rescheduled interview on whatever date, I'm afraid but starting to think that divorcing her and then refiling for I-751 requesting a waiver with all the evidences of bona fide marriage would be a better and safer option. In fact, I already spoke today to a legal professional who has 30 years of experience and she echoed my idea of refiling the I-751 right after I finalize the divorce with my wife. My spouse and I have been talking about getting separated for months and she apparently has no problem with getting divorced, so that would speed the process of refiling I-751. I scheduled another interview with the attorney through whom I had my conditional permanent residency and I'll see what he has to say about the situation.
 
Mystical_Fate said:
Thanks for the timeline info. I really hope the rescheduled interview comes before the summer is over.

As for my wife, I'm really beginning to lose my hope on that one. It's not the first time she's been in prison and putting up with her problems keeps me getting in trouble, and today was just another example. The thought of separating ways and getting divorced came in my mind earlier, but couldn't make a decision since both my I-751 and N-400 were pending (which still are, as of today, ironically).

But now seeing how the DO in Tampa is treating the case (the spouse requirement for interview) and realizing my wife won't be out before the the next rescheduled interview on whatever date, I'm afraid but starting to think that divorcing her and then refiling for I-751 requesting a waiver with all the evidences of bona fide marriage would be a better and safer option. In fact, I already spoke today to a legal professional who has 30 years of experience and she echoed my idea of refiling the I-751 right after I finalize the divorce with my wife. My spouse and I have been talking about getting separated for months and she apparently has no problem with getting divorced, so that would speed the process of refiling I-751. I scheduled another interview with the attorney through whom I had my conditional permanent residency and I'll see what he has to say about the situation.
Click to expand...

Let us know what the attorney advises. Good luck!
 
AMUGHAL1 said:
m fate
sorry to hear this wat was happend with you. I am in same situation like yours , i wonder to know how long you are married and how long ago u got ur conditional GC.

wish you Good Luck
Click to expand...


I've been married 4 years now and I got my conditional GC on April 2006. Good luck with your case too !
 
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