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Our Story

  1. I filed my I-751 with a fee waiver. I mailed it on March 9 and it was delivered on March 11. Today is March 24 and I still haven't heard from them. I'm worried.
  2. I had my N400 interview yesterday at the Dallas service center. The officer mentioned he did not have my removal of condition file but we proceeded with the N400. After successfully passing the N400, he handed me a form marked decision cannot be made now and explained it was because he had to approve the I-751 but he assured he was going to approve both. Both status are still the same, is it normal? Thanks!
  3. Hi! Hopefully someone can provide some insight on what to do here for my husband. We moved during the 90 day before his green card expired. I put in a request to update the address the literal day we moved. Received all confirmations that it was updated. In early December we filed for the I-751. It was rejected and returned to us due to missing 1 page of the application. January 5, 2024: I-751 case re-filed January 9, 2024: Text message with case # January 11, 2024: Greencard Expired Case Status: Case was received and a receipt notice was sent. Checked his pre-existing online account and nothing was uploaded, just the old cases throughout the journey. At some point realized we used a secondary email address on the actual application. Made another online account with said email and nothing was there. Waited about 15 days.. no receipt notice or biometrics notice ever came in the mail. Tried requesting an OAC code. continuously received this generic message “ After 30 days passed, contacted USCIS. They told us to reach out to the lockbox. The lockbox responded after weeks that they do not print I-751 receipt notices and to reach out to customer service. Submitted an online case for missing notice. Was informed we’d receive a response within 30 days. Went back to customer service and the agent was like “ they don’t reprint notices since when…we’ll have to agree to disagree” The agent stated we had to wait on the response for the missing mail and that he’d open a request for the OAC code. A few days go by and we receive a response for the OAC code and it’s the same generic message as above. February 20, 2024 Response for the missing mail service request received. Stating on Jan 5 , he was provided with account acceptance notice that gave instructions on how to access his online account. Xyz about adding the case and an unfortunately your account does not include a receipt notice. If it has been more than 30 but less than 180 days since the date of receipt, you can email the lockbox for a duplicate notice. At this point I’m annoyed because the lockbox has already stated they don’t reprint I-751 notices. It’s even in their auto response to any email sent to them. We immediately contact USCIS. Explain the issue and advise how the OAC code has been requested at least 10x at this point as well. Agent states she’ll try to submit an urgent request for them to send a new notice & code and to have someone call us for an ADIT stamp for his passport. About 2 weeks past by & No one ever calls! The Service request for the new notice receives the same generic OAC response. We then submit an online request for an ADIT appt. Maybe a week passes and receive a response that the appt isn’t needed due to him having a pending I-751 and a receipt notice indicating a 48 month extension. We call them back again and this time I’m on the verge of tears because he can’t work and we have an international trip coming up the first week of April. The agent listens intently and finally agrees the continuous loop is unacceptable. She types a very long detailed request asking for an ADIT stamp. The very next day a Tier 2 agent calls him and takes his information down and says she believes the holdup may be no biometrics?! (Unsure how because he did biometrics to get the original green card and it seems everyone’s is getting reused)She advises she’s going to relay the request to our local ASC and we should hear something back in 15 days. 2 days letter he receives an email from the local ASC that his address was updated. Confused as the verbiage about the address being updated is in the findings/response to the service request section..we call Uscis again. Received a rude agent and after demanding to have another tier 2 callback, the agent hangs up in my face. 1 day later, I can see via the case tracker that the service request was assigned to an agent. Another day passes and he receives an email that the ADIT has been approved and will be mailed out. We received the ADIT stamp in the mail yesterday March 7, 2024… However we’re both extremely nervous about him using it. The photo they used on it his head is kinda tilted and we have no earthly idea where the photo came from! It’s not a passport style photo or anything he took for biometrics. It almost looks like a selfie! Aside from that his birth country is spelled out SRBIA instead of Serbia. Idk if they’re using the abbreviation. We’re just afraid he’s going to have issues boarding his flight to America with it. at this point I just wish we could finally get a reprint of the Receipt notice for the I-751. I’m just not sure what else to do in this respect. Has anyone had issues traveling with the I-94 with adit stamp? It has an embossed seal on it and the paper is like cardstock.
  4. Hello VJ community My wife had her interview today at USCIS and passed all the requirements. However she was not recommended for approval and he application was marked as: A decision cannot be made yet about your application on Form N-652. The immigration officer explained that her I-751 is still pending hence why they cannot recommend her for approval. She did her biometrics over a year ago and the I-751 processing time has been extended since there is a backlog of cases. Has this happened to anyone else? It seems a bit odd that they determine you are eligible to become a citizen but still want to go through the permanent resident process. Any information would be helpful. Thank you
  5. February 2024 is finally here! Will be filing to remove conditions towards the end of the month! Good luck to all those in a similar position! May we all be blessed with a smooth and RFE-free (even if long) journey!
  6. Hi everyone, I figured there might be some people who are also in the process of putting their package together already ahead of the holidays. Hopefully it’ll be smooth sailing for all of us. Please share any timelines, thoughts, prayers… as we navigate this extremely joyous process. 😅 ————— Our 90 day window opens 01/19/2024 and plan is to have everything ready to go before this weekend, so we will only need to add latest bills/statements in January and print out some pictures pretty much. We are planning on mailing the whole thing out the very day the window opens. We'll be moving states at the end of February so I'm kinda anxious about receiving all the important letters from USCIS in those 6 weeks ahead of us leaving here. 🙃 Out of curiosity, is there anyone who’s travelled somewhat extensively in the last two years? How have you organised (or are planning on organising) evidence in relation to this - i. e. boarding passes, hotel resis, booking confirmations etc. pp. We have 17 trips we took together since getting married so really it is quite a lot. Still going back and forth on this as we’re not trying to overwhelm USCIS with potentially unnecessary information. Looking forward to getting this out of the way though honestly. It’s going to be a busy few months for us in between USCIS stuff, a last little on-island holiday, shipping all our belongings and cars, some extended hotel stays and a 15hr journey with a very hyper kitten.
  7. Hi all, I filed my i-751 a year ago and I'm preparing to apply for citizenship. We just found out that my attorney made a mistake on my I-751 form and had me as unemployed despite me being employed. Did anyone have a similar situation and how did you fix it ?
  8. Background: I got married to my spouse in January 2021 and received my conditional green card in March 2022. I'm about to file i-751 in December, however, we have been separated since June this year (2023). We tried so many things and went to marriage counseling for almost a year and even our counselor agreed that sometimes the best that we can get out of the counseling is realizing that we shouldn't keep causing each other pain anymore. We were in a relationship since 2017 and I thought I knew the person well enough but long-distance relationship can be cruel, I didn't learn about his issues with alcohol until we started living together. He also had severe attachment and abandonment issues that didn't allow him to connect with me in a deeper level. We tried going through individual therapy, for him to work through those issues and for me to learn how to cope when I'm triggered (I have a father with alcohol issues as well). But it just didn't work out unfortunately. Current Situation: Right now, he wants to get divorce as soon as possible (he's going through much pain and has been suicidal because of the breakup) but is willing to push it back until a few months after I file i-751. I also want to get it done too but I'm not sure if it's better for me to start the divorce process while i-751 is pending. I'm willing to push as much as I need to. So right now I'm considering... 1. Starting the divorce process now, before filing i-751. My concern is that my chances of getting approved would be lower and the process would take longer. 2. File i-751 in December 2023, and sometime at the first half of 2024, start the divorce process. My concern is that it would complicate the immigration process. But I also feel like it might give me a better chance of approval. I'm also not sure if I should hire a lawyer to do this for me. I know I'm very capable of getting all the paperwork ready. I did everything myself the first time around to get the conditional one. But I was wondering if having a lawyer would increase my chance somehow. I attached a picture of the documents I have prepared so far to prove that my marriage was of good faith. If anyone thinks lawyer is a way to go, can you give me an estimate of how much it would cost? Thank you so much. P.S. Other info about me... I'm based in Madison, WI and have been working full-time since I got my green card. I work as a research analyst. I also had been supporting my spouse financially since he's still in school and only works part-time. So, I was the main source of income in the family. He's still on all of my premium insurance and is also my beneficiary since I know he needs it until he graduates next year and starts working full-time.
  9. Making a new thread for October filers since September is almost over We will be filing the first week of Oct and preparing the documents now
  10. Never thought I would be making one of these! But this is one side of things I haven't really looked into. Just received advanced notice from my boss (off the record) that the people above him are thinking of making me redundant! Yay! (Apparently taking the initiative and asking for more work to do was the wrong move; even though everyone else is overworked they're taking the opportunity to let me go - stellar logic right there.) Gripes aside...I actually have no idea where this leaves me. Redundancy might not be for a few weeks, no one has officially spoken to me so I'm just trying to get my ducks in a row and figure out as much as I can in advance. And hope maybe I'll get lucky and Potomac will get a move on and approve me before I need to really worry about any of it. Which leads me to the question; what should I expect while trying to get a new job with an expired green card? I feel like the answer should be pretty straight forward - that with an expired green card and a valid extension letter everything should be pretty smooth sailing, but after getting bad news everything feels a bit intimidating so I suppose I'm looking for someone else to confirm that!
  11. Well since we will be mailing our packet tomorrow I guess it's time to start a September 2023 thread. Our 90 day window started the last week of July but we were out of the country last month so we put it off until we got back to avoid any surprise biometric appointments or missed notices. It looks like we will be sending in.... G-1450 credit card authorization. G-1145 E-notification. I-751 of course. Copies of their green cards, front and back, and passports. Copies of California Real ID Driver Licenses for my wife and I plus California Real ID card for my stepdaughter all at the same address. IRS tax return transcripts of our 2022, 2021, and 2020 joint US tax returns. Statements from our joint checking account showing joint ownership of the account and direct deposits of both of our salaries plus payments of bills in each other’s names. However only the last 5 months. Prior to that we had separate accounts and just shared expenses. Dated photographs of our family together in numerous places at intervals throughout our time together in the US, plus photos of my almost 80-year-old American mom meeting her Filipino in-laws on vacation in Manila. Copy of a California car title showing joint ownership and two years joint car registration. Copies of various car insurance notices and proof of insurance listing both drivers, covering almost the entire period they have been in the US. Copies of both of our 401K’s beneficiaries with each listing the other spouse as beneficiary. Copies of our Visa, Mastercard and Discover credit cards showing joint accounts. Copies of various club cards and membership cards showing joint accounts. Copies of various airline boarding passes and receipts for vacations we took together. Copies of my stepdaughter's continuous registration from our address in our neighborhood’s public elementary school for 3rd, 4th and 5th grade. The school registration lists both of us as emergency contacts with full authorization to pick her up from school. Copy of my stepdaughter's California Assessment of Student Performance and Progress test results showing two years results with her living at our address and enrolled in our neighborhood public elementary school. Paystubs for my wife periodically throughout her time in the US showing her continuous presence at our home address. We’ll be double triple checking everything this evening and probably send it by Priority Mail flat rate mailer ("if it fits, it ships") to Phoenix drop box in the morning. I'm hopeful that is good enough, however notable deficiencies would include not having any joint lease or other paperwork associating both names with the house. All of our health insurance is separate since my wife and I each get it from our employer and neither plan is any good for adding the step-daughter so we just pay her insurance separately out of pocket. No kind of joint utility bills or anything like that and as I mentioned only the last 5 months have we had a joint checking account. I also didn't bother to get any affidavits from anyone. I guess we will find out if it was good enough in like 2025 or something.
  12. OK, so we want to retire to the Philippines in about 2 1/2 years. We have filed I-751 and my wife's provisional green card was created June 2021, so I believe she can apply for citizenship 90 days before the same date in June 2024. I'm thinking that we should make her and her child (my stepchild who I plan to adopt) dual-citizens before we retire to the Philippines because we will want to visit the USA whenever we like. If my wife and step-daughter only have green cards, then we will have to return to the USA every year and renew their green cards in 10 years (after they receive their 10-year green cards). Has anyone here dealt with the same situation? My plan is to have her apply for citizenship when eligible which would confer citizenship on the child as well, then apply for dual citizenship at the Philippines consulate in the USA. I also plan to adopt my step-daughter because she would be eligible for Social Security benefits until she reaches 18. I will be applying for Social Security in the next few years. Does anyone here have experience with this kind of situation? Is there anything I am forgetting, or any flaws in my plan? Is it very important for her to become a citizen, or is it possible to deal with the challenges of the green card? (wife is worried about the citizenship test).
  13. My wife has her interview scheduled for September 13, which means her 6 month window to enter the USA will expire a few days before our 2nd anniversary, assuming that 6 month window starts from the interview date. Does anyone know if that’s the case or is there a delay in processing a passport as it typically takes awhile to receive it back after the interview from what I’ve read? It is possible to reschedule the interview with cause, but does anybody know how feasible that option is?
  14. Hi everybody. I searched the forum hoping I already started a similar thread where I could provide an update without success. My situation: I'm currently in the middle of move. In a few days I'm leaving rented place and moving into house, my lovely USC spouse and I purchased recently. The move out date is already agreed upon with the landlord, most of the stuff moved except some furniture. In preparation I set up USPS forwarding and changed address with DMV. I haven't filed AR-11 just yet, since physically I still live at rented place. Yesterday, out of blue, I got a surprise email saying my I-751 got approved and card getting produced. I doubled checked myUSCIS and the status confirms this. What do I do, what do I do, what do I do? 🥲 File AR-11 ASAP, prior to move? Leave as is until the move and ask landlord to check mail so I can pick it up? I really thought the probability of this happening to me was low, but life proven otherwise. Worried that GC can get lost or returned to sender. G-28 has boxes to send approval letter to lawyer, but card to my current rented place.
  15. Context: My husband and stepkids are currently scheduled for their interviews at CDJ in Mexico on September 26, and our plan is to have them cross as soon as they get their visas (hopefully a week or two after - early-ish October). Our second wedding anniversary is March 11. We are (like many of us here on VJ) dying to finally live together; plus, getting my stepdaughters enrolled in school and having my husband get a U.S. job sooner rather than later is a major advantage. Could you expand a little on why ROC should be avoided if possible? I've read through this thread and others that it is expensive ($595 x 4 for us - goodie!) and is extremely delayed. I guess my initial reaction is - well, sure, it may be a lot more waiting, but at least we'd be waiting together, living together. It's been hell doing all of this paperwork and paying all of this money, plus the waiting and waiting and waiting, all while living apart. Is the ROC process particularly nerve-wracking? Is there a chance of losing status? Are the chances of getting denied high? All that to say, this thread has me rethinking our plan a little bit. To wait until March would break my heart and crush me, but I'm curious of ROC is bad enough that it would be worth it to wait.
  16. Hello all, My spouse received her immigrant visa approval on July 31, 2023 under the CR1 category and we have planned her arrival to the US by September 2023. The consular officer gave my spouse a note about the removal of CR1 status, which had the following text - "If at the time of admission to the United States you will not have celebrated the second anniversary of your marriage, you will be granted conditional permanent residence by an officer of USCIS at the time of your admission to the U.S." Based on this can someone please elaborate, if the immigration officers at the port of entry will no longer consider this to be applicable if my spouse traveled to the US after October 2 (our second marriage anniversary date) and that we would not need to file I-751 for removal of CR status? TIA.
  17. Let's say an I-751 is submitted before the Green Card expiration, but the USCIS reviews the submission and finds a problem AFTER the expiration. Is that simply an RFE or are Green Card privileges lost because the submission wasn't "properly" filed before the Green Card expired? Thank you for any insight.
  18. Case is far outside normal processing times. MSC Processing Center. June 2020----- Filed I-751 May 2021-----BIOmetrics May 2021----- Ready to schedule interview Feb 2023---- Second I-551 Extension letter received. Expires September 2024. April 2023---- I spoke with a USCIS agent who acknowledged my case was outside processing times and instructed me to send an email to have the case reviewed. Sent email, was supposed to receive reply withing 30days, still no reply. May 2023--- After waiting for 30 days without reply, I contacted senators office to request help. sent them necessary info. They said uscis is working on it, nothing more they can do. ----Case Last updated 780 days ago What gives? USCIS won't communicate, I understand there are delays, but I'm seeing people who've filed in 2021 and 2022 that already have their approvals.
  19. I added my I-751 case to my online account using the access code i received in May 2023. When i was checking the account today i noticed the case is no longer visible. All other previous cases are visible though.
  20. So for reasons in life I don't need to explain right now I filed I-751 5 years late (don't judge, seen a case here that filed 10 yrs late and got approved) my case was accepted, finger prints were used again and I received a 24 month extension letter, still waiting for the 48 month one. In this time I had to come back to my country for a medical reason, now my question is how likely am I to go back and be admitted with this expired card and extension letter? @mindthegap would really appreciate your opinion and to the rest please don't judge, you don't know everything I have been through, I'm just looking for an opinion/advice.
  21. Here's a report on our combo I-751/N-400 interview this morning at the Atlanta USCIS field office. The interview was scheduled for 8:50 am. We arrived at 8 am so we used the extra 30 minutes to review all of our documents, well-organized in labeled file folders, and the N-400 application one more time. We entered the building at 8:30 am, showed the two interview notices (I-751 and N-400), and went through security, then checked in at the reception window where an employee took my husband's photo and fingerprint to confirm his identity. Then we went up to the 3rd floor waiting area. About 45 minutes later, an officer came up to my husband and confirmed our names, then said he would be back in five minutes. When he returned he asked both of us to follow him to his office. Once seated, he asked for our driver's licenses, also for my husband's passport and expired green card. I noticed an open file on his desk, with all 500+ pages of the I-751 submission we sent two years ago. He then had us stand up and do an oath to tell the truth. Then he said he would first consider the pending I-751 and ask questions that either of us could answer, and some questions directed to one of us to answer. The first question was how we met (online initially, three months later in person). He asked a series of questions about why I proposed so quickly (on my second trip to Brazil, only five weeks after our first in-person meeting), and why my husband was willing to commit so quickly to marriage and potentially move to the US. I got the impression that the officer was skeptical about our relationship (we have a 27 year age gap, big income and education differences). We explained that we fell in love immediately when we first met in person, and wanted to be together, so we got married seven months after we first met. He then asked for additional documents to support our relationship, new information from the last two years while the I-751 has been pending. We gave him two years' of quarterly joint bank and credit card account statements, also five years of IRS tax return transcripts, married filing jointly. He looked at these additional documents, kept them, and then said "I am a big photo person, do you have any photos?" My husband handed him a file folder with about twelve pages of photos, 2 per page, from marriage to now, each with a brief description and date. As he flipped through the photos, his countenance changed. The look of doubt from before left his face, and he glanced up and said he was approving the I-751, then asked me to leave. I went to the waiting area while he continued the N-400 interview with only my husband. The officer did not ask to see any of the civil documents we had brought with us, but did ask or review most of the questions on the N-400 application. Then he asked six of the 100 history/government questions, and my husband answered all of them correctly. After that the officer did the reading and writing tests. Following this, he gave my husband a form N-652, Naturalization Interview Results, with two marks checked: "you passed the tests of English and U.S. History and government," and "Congratulations! Your application is recommended for approval." The oath ceremony letter will be sent via regular mail. We were all done by 10 am and drove home very happy and relieved that things went so smoothly. Based on my prior research, Atlanta USCIS schedules oath ceremonies for 4-6 weeks after the interview. Once that happens and he has his naturalization certificate, his US immigration journey will be over, five years after it began when I filed an I-130 petition for him back in July, 2018, a month after we got married in Brazil. I would like to thank all the regular contributors here on VisaJourney for your very helpful advice during this long process, as it has been invaluable to benefit from your experience and sense of community. Good luck to everyone!
  22. @Mike E mentioned that it's best to use the Employer address on the W-2. I'm also a remote worker and my working location is my home address. On the W-2, my company uses a PO box, but on the Form 1095-C, they use the street address of my company. Can I use the street address instead?
  23. Hi, I am eligible to file for citizenship under the 3 year rule with a pending 1-751 (since August 2022) and I wanted to check with others if my evidence list would be sufficient or if there would be anything else I should include in N400 application. I have recently filed 1040X with IRS to amend my status on the past 2 tax returns and I scanned a copy of the signed 1040X’s so I can include that in the evidence also. I was advised it could potentially take up to 20 weeks for IRS to complete amendments, so I was hoping I can send the proof of amendment in my application. Current list of evidence: -Marriage certificate -Copy of front and back of green card -Husband’s birth certificate -2022 tax transcript -Tax returns and 1040X amended forms for both 2021 and 2020 -Lease agreements for past 3 years -Renters insurance -Health insurance (for me and my husband through employer) -PDF document comprised of photos of us over the past 3 years, including with friends and family (with dates and locations) I have bank statements, internet bills, phone bills and utility statements that I can send if extra evidence is recommended, although I have them printed so I can bring them to the interview. Lastly, I worked remotely for most of the past 3 years and I was confused on the application question that requires the location we worked at for each employer. From my understanding, would it be best to include the employer address listed on my W2’s and specify in my job role that I was a remote worker?
  24. Does anyone know if this Documents section on the USCIS online account supposed to be empty? I thought we would be able to see the notices/letters sent so far. This is the first time i have been assigned with an online case number. I received the online access code in the mail yesterday.
  25. What is a Mandamus ? A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. In case of immigration it deals with asking Courts to intervene when USCIS is not performing its task of adjudicating immigration petition within 180 days of filing date. Congress as part of immigration law has written the law that USCIS should adjudicate petitions at the max period of 180 days ( as per 8 USC CHAPTER 13) ( link: https://uscode.house.gov/view.xhtml?path=/prelim@title8/chapter13/subchapter2&edition=prelim#:~:text=It is the sense of,days after the filing of) Here is the basic essence of wom process : Step 1: Draft and File complaint against Uscis . This will be the defendant. In the current scenario of April 2023, Mayorkas is the head of DHS or Jaddou is USCIS head. Court has a format for a civil complaint and a template (example of template from a court in San Francisco https://www.cand.uscourts.gov/wp-content/uploads/pro-se/legal-help-center-templates-and-packets/General-Complaint-Packet_12-1-2020.pdf). You can download it from local court website . You are filing the complaint as a "Pro Se" meaning yourself without a help of lawyer. The complaint will need the following information 1) Nature of the Complaint: You can write the complaint in simple English using the above template document and asking for something like below : Iam so and so( include your name ) who has filed for I-XXX( xxx can be the form ( i-131, i-485, i-751) with receipt number WAC21900XXXX and it was filed with Uscis on date (dd-mmm-yyyy) and Uscis is expected to adjudicate hold interview within 180 days of receiving the application as per 8 USC code 1186b. You can add more information about your petition as needed. 2) Second part is jurisdiction in the compliant . You can says that the court has jurisdiction cause you live there as per 8 USC 1391(e) where you are resident of the jurisdiction and the defendant is a United States officer .You are allowed to file the case in your local jurisdiction aka district you reside if the defendant is a United States officer 3) Third part in the complaint is statement of facts . This is where you tell the court why courts need to step in and tell Uscis to adjudicate the case. You are asking the courts to intervene as USCIS has not performed its duty assigned by Congress to adjudicate your case within 180 days of filing. ( see attachment X) So most complaints don’t go for trial and the us attorney will reach out to you over phone to discuss an agreement. Us attorney will call and say “ hey we won’t need a trial but we can get you a decision on your case in. 90/120/150 days “ ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Going back to statement of facts is where you write the story . The courts needs to know why they need intervene and it is for you to tell them why ?. You can say something like below You talk about the i-131/i-485/i-751 Petition you filed . You filed your i-131/485/751 on date dd-mm-yyyy.( see attachment 1) you completed biometrics on dd-mm-yyyy date and it has been XX months since you filed and you have not got a decision on your case . Uscis current processing time for i-131/485/751.is now about XX months which is 10x the time set by Congress in immigration act of 1990 as per 8 USC 1186b . Congress has set a guidelines of 180 days for Uscis to conduct to adjudicate the petition To close it out you can say USCIS has violated. 8USC 1186b or an immigration law section 8 USC XXXX ( read immigration law here https://www.law.cornell.edu/uscode/text/8/chapter-12) and failed to adjudicate your case as set by Congress. 4) Last part of the complaint is relief This is where you ask what court should do.You ask for court to enter a mandate time to adjudicate the petition. You sign the complaint at the end That is the end of complaint and your mandamus (Writ of Mandamus) It should be about 4-5 pages max 5) Attachments You attach a print out of your i-131/485/751 receipt, green card( if applicable) , USCIS processing time print out from USCIS.gov website Along with complaint you need the following 1) civil cover sheet 2) summons Here is a link for civil cover sheet https://www.caed.uscourts.gov/caednew/assets/File/JS_044.pdf. ( search your own local federal court for the correct form ) link to summons https://www.uscourts.gov/sites/default/files/ao440.pdf ( search your own local federal court for the correct form ) Step 2: Filing the complaint with court: Once you have the complaint and civil cover sheet and summons go to the local district court,Remember it is DISTRICT court Go to the clerk at the court and tell you have a civil case to file . This has to be in person . They will review the documents . Make fourh copies of complaint and 4 copies of civil cover sheet and 4 copies of summons Make a check for 402$ for filing fee Once the clerk accepts the complaint they will take two copies of all documents .1 for court and 1 for chambers . They will give you 2 copy stamped for you (one copy for you and one backup) . You will get a case number assigned and like 500 pages of instructions So now your complaint has been filed with Court. You now have to send a copy of complaint, Summons, Civil Cover Sheet and all the instructions that Court gave you to the defendant. Step 3 Serving the Complaint to defendants (USCIS/DHS) : So now the complaint is filed with court. Once the complaint is filed . You make like 4 copies of your complaint that was stamped by the court. You also make 4 copies of the documents given to you by court So you should now have 4 copies of your complaint , civil cover sheet, summons and instructions from court Now you need to serve three people 1) US attorney in your district 2 ) attorney general in Washington DC 3) Uscis office general counsel in Washington DC Take stamped complaint , civil cover sheet , summon, court instructions and send them via usps certified mail to the above 3 officers Address for US attorney can be obtained by calling your local us attorney office USCIS General counsel can he served at : office of attorney counsel ,dhs, 2701 Martin Luther jr ave, Washington DC, 20528-0485 Attorney general of United States office can be served at : US department of justice, 950 Pennsylvania ave, Washington DC 20530-0001 So now the complaint is served to three people 1) US Attorney in your district 2) Attorney General 3) General Counsel at USCIS/DHS The clock now starts for 60 window before which the District Attorney will give you a phone call to negotiate.
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