Please urgent Help need on N-400

A

AMUGHAL1

Registered Users (C)
Hi All
I am in trouble and need your urgent help/advice.

my I-751 is pending since from 18 months and i also have applied
N-400 December 2008. and now my wife is separated from me.And she also wants to withdraw her I-751 petition (she is petitioner).
now recently I talk with uscis on phone and they told me that I am in Que for N-400 interview and other side I also received latter(service request) from my local Distract office which is Atlanta that

"the processing of your case has been delayed. A check of our records establishes that your case is not yet ready for decision, as the required investigation into your background remains open.
until the background investigation is completed, we cannot move forward on your case. these background checks are required to be completed on all applicants who apply for the immigration benefit you are seeking. we will make every effort to make a decision on this case as soon as the background checks are complete. if you do not receive a decision or other notice from us within 6 months of this latter, please contact us by calling our customer service number provided below."

I am very upset why they are investigating? I am not criminal. and I don't have any criminal history.
Some time I just think may be some people around me(who jealous from me) may be they gave wrong information to USCIS.
please tell me what should I do in this situation?

I will be very thank ful to you For this.

Thanks
regards
 
As far as I understand, you are not eligible to apply for citizenship under the 3 year rule since your are now separated from your wife. At this point you should be more worried about your wife removing her i751 benefit before worrying about citizenship. Try to sort that out first and then you can apply under the 5 years rule in 2 years... my 2 cents...
 
Your pending background check is the least of you worries. Your N-400 will likely be denied on grounds of break of marital union, although your I-751 might get approved if USCIS is satisfied your marriage was bona vide.
 
Background check...sounds like you're stuck in name check. Doesn't mean you're a criminal or that other people have ratted on you (which kind of sounds paranoid). If you have a very common name or if your name is similar to that of a terrorist/criminal/other person of interest to the US government, they'll take their sweet timing investigating. Separation issues with your wife are going to make name check moot anyway.
 
AMUGHAL1 said:
I am very upset why they are investigating? I am not criminal. and I don't have any criminal history.
Click to expand...

Do you have a very common name? If a name is very common, the FBI enter your name can get a lot of hit and they have to check each hit out to ensure that is not you. They have to manually check out age, residce place and a lto of other democraphic factors
 
WBH said:
Do you have a very common name? If a name is very common, the FBI enter your name can get a lot of hit and they have to check each hit out to ensure that is not you. They have to manually check out age, residce place and a lto of other democraphic factors
Click to expand...

I have a very uniqe name and last name and none of them religional, I don't have any criminal history either. However, I was stuck in namecheck+background check for 20+ months. You don't need to be a criminal for a long background check. If someone with your name/last name not even excatly same but close enough they need to be sure this person is not you which is necessary for country's safety. Don't feel ofended for background check, instead like others said you should worry more about your marriage status because it may (possible will) cause your case denial.
 
dear form fellows1

finaly i recived my interview latter today for N-400 after a month.
but as my relationship is not good with my wife, I need to know if I will go by my self with out my wife to interview, can they take my interview without her?
as my I-751 also pending and probly they will consider first that oninterview then start N-400 interview. If they ask about my wife can i make any excuse for her absence?

plz advice me
 
AMUGHAL1 said:
dear form fellows1

finaly i recived my interview latter today for N-400 after a month.
but as my relationship is not good with my wife, I need to know if I will go by my self with out my wife to interview, can they take my interview without her?
as my I-751 also pending and probly they will consider first that oninterview then start N-400 interview. If they ask about my wife can i make any excuse for her absence?

plz advice me
Click to expand...
One way or another, you'll have to disclose to IO that you are separated from your wife. It's not just a matter of finding an excuse why she isn't there at interview if IO asks. Concentrate on providing proof that your marriage was bona fide to get conditions removed from GC and move on; your N-400 can't be approved if you are legally separated.
 
AMUGHAL1 said:
dear form fellows1

finaly i recived my interview latter today for N-400 after a month.
but as my relationship is not good with my wife, I need to know if I will go by my self with out my wife to interview, can they take my interview without her?
as my I-751 also pending and probly they will consider first that oninterview then start N-400 interview. If they ask about my wife can i make any excuse for her absence?

plz advice me
Click to expand...

You really need to consult an immigration lawer before going to an interview.

In my personal non-expert opinion your N-400 application will almost certainly be denied and your main worry should be having I-751 approved. By law an N-400 application cannot be approved before I-751 is approved. In theory an interviewing officer for you N-400 will have the power to consider your I-751 application first and to approve it on the spot and then proceed with approval of N-400. See the relevant law at:

http://www.perryandbaker.com/labels/Petition%20for%20Removal%20of%20Conditions%20on%20Conditional%20Residence.html

However, the burden of proof for approval of I-751 is lower than for N-400 (if N-400 is based in a 3-year marriage to a U.S. citizen as I assume yours is). For approval of I-751 it is enough to show that original marriage itself was valid, while for N-400 based on a 3-year marriage you would need to prove that the marriage is still intact. If you are separated from your wife, there is no way this could be done honestly (and it is an extremely bad idea to try to lie about the state of your marriage and to conceal the fact that you are separated) and N-400 would have to be denied at this point. It is borderline possible that an IO would approve your I-751 on the spot but deny your N-400, but I consider even such an outcome unlikely. An IO could decide to take no action on your I-751 or could even deny it right at the interview.

My personal feeling is that you would be better off withdrawing N-400 now, concentrating on having your I-751 approved and resubmitting N-400 later, after you have met the five year residency requirement.

However, your situation is sufficiently tricky and you'd certainly do well by consulting an immigration lawer now.
 
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