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Appeal Process I-130

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Filed: IR-1/CR-1 Visa Country: Morocco
Timeline

We are not sure what to do next, they denied our I-130 ... I have started to write a statement to address the issues " Proof of a Bona Fide marriage" My question is how do we respond to this on the appeal form EOIR questions? #2 on appeal specify reasons for appeal then it says Warning: If the factual or legal basis for appeal is not sufficienty described, the appeal may be summarily dismissed. Would my statement be to address this part on the form? #3 Do you desire oral argument before the BIA? If I answer yes would that be at my local INS office? #4 Do you intend to file a separate brief or statement after filing this notice of appeal? Does this mean I would send my statement at that time? If any one has been through this ur input would be greatly apprecated.


Married:.................................08/02/11
I-130 Sent:.............................05/21/12

I-130 Packet Recv'd:..............05/23/12
I-130 Touched:.......................05/25/12
I-130 NOA 1:..........................06/02/12
I-130 RFE:..............................09/06/12
I-130 RFE Sent:......................09/14/12
I-130 RFE Recv'd: ..................09/18/12
I-130 Petition Denied:.............10/09/12
2nd USCIS I-130 Petition
I-130 Sent:......................................12/17/14
I-130 Packet Recv'd:.......................12/22/14
I-130 NOA 1:...................................12/24/14
I-130 NOA 2:................................... 05/19/15
I-130 NOA 2 Hardcopy Recv'd: ......05/22/15
I-130 Petition Sent to NVC:.............05/26/15
I-130 Petition Recv'd At NVC:........................06/02/15
Case No. assigned Recv'd over phone: ....... 06/16/15
NVC Welcome letter Recv'd: .........................06/19/15
Agent assigned: .............................................07/06/15
AOS fee paid: .................................................07/06/15
AOS confirmed paid: ......................................07/08/15
IV Bill Recv'd by email:....................................07/21/15
IV Bill paid online:............................................08/01/15
Submit DS-260:...............................................08/10/15
AOS & IV Packet sent:....................................08/11/15
Scanned Date:.................................................08/13/15
Case Completed:.............................................08/31/15
Medical Exam : ...............................................10/28/15
Interview Date: ................................................11/11/15
Interview Date Rescheduled By Consulate : .12/04/15
Results: Approved Admin Review / AP..........12/08/15

Case Returned to USCIS .................................05/17/16

Case Reaffirmed: ..............................................09/18/17

Case Forwarded to Consulate: ........................10/12/17

2nd Interview: ...................................................11/17/17

Case Updated By Consulate: ............................12/28/17

Case Status Changed to Issued: ......................12/29/17
Visa Ready Pick up at Aramex: .........................12/30/17
Visa In Hand: ............01/03/18

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Filed: K-1 Visa Country: Morocco
Timeline

We are not sure what to do next, they denied our I-130 ... I have started to write a statement to address the issues " Proof of a Bona Fide marriage" My question is how do we respond to this on the appeal form EOIR questions? #2 on appeal specify reasons for appeal then it says Warning: If the factual or legal basis for appeal is not sufficienty described, the appeal may be summarily dismissed. Would my statement be to address this part on the form? #3 Do you desire oral argument before the BIA? If I answer yes would that be at my local INS office? #4 Do you intend to file a separate brief or statement after filing this notice of appeal? Does this mean I would send my statement at that time? If any one has been through this ur input would be greatly apprecated.

Sorry to hear about this but I would highly suggest that you need to get yourself a lawyer because I believe when you had your RFE you didnt send enough...

I had a RFE and sent orignal plane boarding passes, hotel confirmations and some more pictures, can you please fill us in on your story about the RFE and what you sent with it.


Sent: Feb 21st

NOA1: Feb 24th

RFE: Jul 17th

RFE Reply: Jul 26th

NOA2: Jul 31st

NVC Received: August 7th

NVC Sent: August 10th

The wait is long, my dream of you does not end

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Filed: Citizen (apr) Country: Nigeria
Timeline

It would so help us that you fill us in on your initial packet what did you send in than the RFE. Obviously it wasn't enough. Don't want your appeal to be a waste so fill us in. Also call and do a attorney consult with an attorney that is very good at immigration and the MENA's not just anywhere.


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Filed: IR-1/CR-1 Visa Country: Morocco
Timeline

You should have got a denial letter from the service center that denied your petition since by what your timeline says it was denied here in the USA and didn't get even get to the NVC. In that letter it addresses all the reasons thay have denied you. You will need to take each reason one by one and give them proof and evidence to show them that yoour marriage is bonefide. I would suggest you taking that letter to an experienced immigration lawyer and at leaset discuss your plan of action with them. Best of luck!!



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Marriage: 7/12/10
Filed I-130: 9/10/12
NOA1: 9/17/12
Transferred to NBC: 9/19/12
Sent to local office for adjudication: 9/21/12
RFE for Beneficiary BC received 12/13/12
Mail BC in response to RFE 12/17/12
NOA2: 12/20/12
NVC case number assigned: 1/29/13
Sent DS-3032 email: 1/31/13
Received DS-3032 / I-864 Bill: 2/1/13
Pay I-864 Bill: 2/5/13
NVC Accepted DS-3032: 2/12/13
Received IV Bill: 2/13/13
Send Completed I-864: 2/16/13
NVC Received I-864 Package: 2/19/13
AOS Package accepted: 2/26/13
Pay IV Bill: 2/28/13
IV Packet Sent: 3/2/13
NVC Received IV Packet: 3/4/13
Case Completed at NVC: 3/13/13
Interview date: 4/30/13

APPROVED!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

POE: pending

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Filed: IR-1/CR-1 Visa Country: Morocco
Timeline

Thanks for all your advice what I sent for the RFE was as follow: pics 16 total from years 2009 - 2011( they said it was not enough pics & they looked like we took them only for visa reason), 401k statement showing that I added my husband as beneficiary & joint bank account statment opened in May 2012 ( they stated that these accounts were to resent opened) but I had to find a bank that would allow me to open one with my husband outside of the country & no SS# which took some time. sent divorce papers again with date highlighted because they said I married right after divorced (not true I've been divorce over 20 yrs) emails, chat logs (they said these gave no insight to our relationship because we did not send the dialogs of our emails and chats), cell phone chat logs (they siad were unable to verify because of my carrier), emails to & from work to my husband ( they said that they were to short in dialog and too resent (not true I sent emails from 2008 - 2012) letter of explaination, cover letter, they said a marriage cert. does not prove anything and it does not carry much weight to them, they also said we did not prove we have a bona fide marriage and all submitted items show no insight in the relationship and thats the reason for denial and we can appeal their decision we have 30 days. They also said they think we did all of this because we were denied K1 visa


Married:.................................08/02/11
I-130 Sent:.............................05/21/12

I-130 Packet Recv'd:..............05/23/12
I-130 Touched:.......................05/25/12
I-130 NOA 1:..........................06/02/12
I-130 RFE:..............................09/06/12
I-130 RFE Sent:......................09/14/12
I-130 RFE Recv'd: ..................09/18/12
I-130 Petition Denied:.............10/09/12
2nd USCIS I-130 Petition
I-130 Sent:......................................12/17/14
I-130 Packet Recv'd:.......................12/22/14
I-130 NOA 1:...................................12/24/14
I-130 NOA 2:................................... 05/19/15
I-130 NOA 2 Hardcopy Recv'd: ......05/22/15
I-130 Petition Sent to NVC:.............05/26/15
I-130 Petition Recv'd At NVC:........................06/02/15
Case No. assigned Recv'd over phone: ....... 06/16/15
NVC Welcome letter Recv'd: .........................06/19/15
Agent assigned: .............................................07/06/15
AOS fee paid: .................................................07/06/15
AOS confirmed paid: ......................................07/08/15
IV Bill Recv'd by email:....................................07/21/15
IV Bill paid online:............................................08/01/15
Submit DS-260:...............................................08/10/15
AOS & IV Packet sent:....................................08/11/15
Scanned Date:.................................................08/13/15
Case Completed:.............................................08/31/15
Medical Exam : ...............................................10/28/15
Interview Date: ................................................11/11/15
Interview Date Rescheduled By Consulate : .12/04/15
Results: Approved Admin Review / AP..........12/08/15

Case Returned to USCIS .................................05/17/16

Case Reaffirmed: ..............................................09/18/17

Case Forwarded to Consulate: ........................10/12/17

2nd Interview: ...................................................11/17/17

Case Updated By Consulate: ............................12/28/17

Case Status Changed to Issued: ......................12/29/17
Visa Ready Pick up at Aramex: .........................12/30/17
Visa In Hand: ............01/03/18

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Filed: IR-1/CR-1 Visa Country: Morocco
Timeline

It would so help us that you fill us in on your initial packet what did you send in than the RFE. Obviously it wasn't enough. Don't want your appeal to be a waste so fill us in. Also call and do a attorney consult with an attorney that is very good at immigration and the MENA's not just anywhere.

My initial packet:I-130 app, g325 bio, marriage cert, divorce cert, photos 2009-2011, my birth cert, email,chat logs,cell phone logs 2008-2012, bank statement, flight tickets 2009- 2011,3 affidavit letters from friends certified, hand written letter from our witness of our marriage.


Married:.................................08/02/11
I-130 Sent:.............................05/21/12

I-130 Packet Recv'd:..............05/23/12
I-130 Touched:.......................05/25/12
I-130 NOA 1:..........................06/02/12
I-130 RFE:..............................09/06/12
I-130 RFE Sent:......................09/14/12
I-130 RFE Recv'd: ..................09/18/12
I-130 Petition Denied:.............10/09/12
2nd USCIS I-130 Petition
I-130 Sent:......................................12/17/14
I-130 Packet Recv'd:.......................12/22/14
I-130 NOA 1:...................................12/24/14
I-130 NOA 2:................................... 05/19/15
I-130 NOA 2 Hardcopy Recv'd: ......05/22/15
I-130 Petition Sent to NVC:.............05/26/15
I-130 Petition Recv'd At NVC:........................06/02/15
Case No. assigned Recv'd over phone: ....... 06/16/15
NVC Welcome letter Recv'd: .........................06/19/15
Agent assigned: .............................................07/06/15
AOS fee paid: .................................................07/06/15
AOS confirmed paid: ......................................07/08/15
IV Bill Recv'd by email:....................................07/21/15
IV Bill paid online:............................................08/01/15
Submit DS-260:...............................................08/10/15
AOS & IV Packet sent:....................................08/11/15
Scanned Date:.................................................08/13/15
Case Completed:.............................................08/31/15
Medical Exam : ...............................................10/28/15
Interview Date: ................................................11/11/15
Interview Date Rescheduled By Consulate : .12/04/15
Results: Approved Admin Review / AP..........12/08/15

Case Returned to USCIS .................................05/17/16

Case Reaffirmed: ..............................................09/18/17

Case Forwarded to Consulate: ........................10/12/17

2nd Interview: ...................................................11/17/17

Case Updated By Consulate: ............................12/28/17

Case Status Changed to Issued: ......................12/29/17
Visa Ready Pick up at Aramex: .........................12/30/17
Visa In Hand: ............01/03/18

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Filed: IR-1/CR-1 Visa Country: Morocco
Timeline

Thanks for all your advice what I sent for the RFE was as follow: pics 16 total from years 2009 - 2011( they said it was not enough pics & they looked like we took them only for visa reason), 401k statement showing that I added my husband as beneficiary & joint bank account statment opened in May 2012 ( they stated that these accounts were to resent opened) but I had to find a bank that would allow me to open one with my husband outside of the country & no SS# which took some time. sent divorce papers again with date highlighted because they said I married right after divorced (not true I've been divorce over 20 yrs) emails, chat logs (they said these gave no insight to our relationship because we did not send the dialogs of our emails and chats), cell phone chat logs (they siad were unable to verify because of my carrier), emails to & from work to my husband ( they said that they were to short in dialog and too resent (not true I sent emails from 2008 - 2012) letter of explaination, cover letter, they said a marriage cert. does not prove anything and it does not carry much weight to them, they also said we did not prove we have a bona fide marriage and all submitted items show no insight in the relationship and thats the reason for denial and we can appeal their decision we have 30 days. They also said they think we did all of this because we were denied K1 visa

Ok so you need to get together more pictures all and any that show you both at your best and worst. The ones with family and friends if you have them. Yes opening joint accounts and sending this proof isn't enough they want to see longevity in the relationship with finances co mingled, do you have western union receipts where you have sent him money by chance? What bank did you find that let you open and account? If you have credit cards you can add him as an authorized user. Ok the divorce decree error on their part gives you an opening for fighting this because this is false. ok the emails and chat logs are good but they want to see the chats and communications you have with eachother, not just the logs so give them some chats to read that have substance not just hi and I love and miss you stuff. Things where you are discussing your everyday life. The marriage certificate shows you are married legally and anybody can get married what they want to see is that you are together for love and not for immigration benefits.

Ok you said your K1 was denied in the past. On what grounds did they deny your K1 and did you straighten out the reason for denial before you married and sent in the I130?

Edited by hamigirl710


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Marriage: 7/12/10
Filed I-130: 9/10/12
NOA1: 9/17/12
Transferred to NBC: 9/19/12
Sent to local office for adjudication: 9/21/12
RFE for Beneficiary BC received 12/13/12
Mail BC in response to RFE 12/17/12
NOA2: 12/20/12
NVC case number assigned: 1/29/13
Sent DS-3032 email: 1/31/13
Received DS-3032 / I-864 Bill: 2/1/13
Pay I-864 Bill: 2/5/13
NVC Accepted DS-3032: 2/12/13
Received IV Bill: 2/13/13
Send Completed I-864: 2/16/13
NVC Received I-864 Package: 2/19/13
AOS Package accepted: 2/26/13
Pay IV Bill: 2/28/13
IV Packet Sent: 3/2/13
NVC Received IV Packet: 3/4/13
Case Completed at NVC: 3/13/13
Interview date: 4/30/13

APPROVED!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

POE: pending

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Filed: IR-1/CR-1 Visa Country: Morocco
Timeline

just want to add that this denial is serious and you really should seek the advise of an attorney. I am not sure of what will happen if they deny him again it could be final and you might not have a chance to refile, an attorney who specializes in denials is your best road to take right now. I hope everything works out for you guys!!

Edited by hamigirl710


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Marriage: 7/12/10
Filed I-130: 9/10/12
NOA1: 9/17/12
Transferred to NBC: 9/19/12
Sent to local office for adjudication: 9/21/12
RFE for Beneficiary BC received 12/13/12
Mail BC in response to RFE 12/17/12
NOA2: 12/20/12
NVC case number assigned: 1/29/13
Sent DS-3032 email: 1/31/13
Received DS-3032 / I-864 Bill: 2/1/13
Pay I-864 Bill: 2/5/13
NVC Accepted DS-3032: 2/12/13
Received IV Bill: 2/13/13
Send Completed I-864: 2/16/13
NVC Received I-864 Package: 2/19/13
AOS Package accepted: 2/26/13
Pay IV Bill: 2/28/13
IV Packet Sent: 3/2/13
NVC Received IV Packet: 3/4/13
Case Completed at NVC: 3/13/13
Interview date: 4/30/13

APPROVED!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

POE: pending

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Filed: Citizen (apr) Country: Morocco
Timeline

Being divorced over 20 years. You did not mention if there is a large age gap? This might have played into the first denial too.

It seems putting your husband on your accounts and the other evidence showed little at proving a real relationship....

You post about the weather...Are you living with him now in Agadir? Take more photos of your daily life, send those

and like advised address each issue.

By saying not true not true, it will not help u.

It is understandable not wanting to send too personal chats...but finding some that prove your relationship is real

would make it worth it.

I honestly hope u can do it yourself or invest in a lawyer to help u both get where you wish to be.


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Filed: Timeline

IMO the basis for this denial spiraled from your past k1 denial. They categorically stated it. So what was the reason for k1 denial in the first place? You don't seemed to have addressed that issue giving them the impression that your marriage was done to beat them! It appeared you've done what every ordinary petitioners that got approved had done, but, it does appeared the past k1 is hurting your cr1 so sorry for you! Take heart in this! It's your life and you have to fight courageously to overcome your predicament. You don't have no much time now to waste. I recommend Marc Ellis as one of the best immigration attorney for your case. I am confident you'll be reconsidered in the appeal. Don't just get emotional now, keep the faith! God is your strength

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Filed: Other Country: China
Timeline

I would definitely seek professional assistance but you'll probably be advised to file a new petition instead of appealing the denial. Without knowing all the circumstances you cannot obtain sufficiently reliable advice in your situation. You can share everything in an interview with a professional.


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Filed: IR-1/CR-1 Visa Country: Morocco
Timeline

Thanks everyone I will contact a lawyer to see what they advice is as well ... as for are K1 we were never giving a reason why it was denied never giving a chance to respond at all and the case was expired. Our age difference is 15 yrs and yes I'm with my husband now in Morocco... thanks again for the great advice :thumbs: Back... just talk with a lawyer and her advice was to start all over again reapply for the K1 and I-130 and we would need to address all the issue they found prove we have a bona fide marriage. so I asked what about the appeal process and she said I could try and see what happens just send lots of proof I explain that they gave us 30 days to respond.:blink: She did find it odd that they never gave us the reasons for our denial of K1 visa. I'm so confused :blush:


Married:.................................08/02/11
I-130 Sent:.............................05/21/12

I-130 Packet Recv'd:..............05/23/12
I-130 Touched:.......................05/25/12
I-130 NOA 1:..........................06/02/12
I-130 RFE:..............................09/06/12
I-130 RFE Sent:......................09/14/12
I-130 RFE Recv'd: ..................09/18/12
I-130 Petition Denied:.............10/09/12
2nd USCIS I-130 Petition
I-130 Sent:......................................12/17/14
I-130 Packet Recv'd:.......................12/22/14
I-130 NOA 1:...................................12/24/14
I-130 NOA 2:................................... 05/19/15
I-130 NOA 2 Hardcopy Recv'd: ......05/22/15
I-130 Petition Sent to NVC:.............05/26/15
I-130 Petition Recv'd At NVC:........................06/02/15
Case No. assigned Recv'd over phone: ....... 06/16/15
NVC Welcome letter Recv'd: .........................06/19/15
Agent assigned: .............................................07/06/15
AOS fee paid: .................................................07/06/15
AOS confirmed paid: ......................................07/08/15
IV Bill Recv'd by email:....................................07/21/15
IV Bill paid online:............................................08/01/15
Submit DS-260:...............................................08/10/15
AOS & IV Packet sent:....................................08/11/15
Scanned Date:.................................................08/13/15
Case Completed:.............................................08/31/15
Medical Exam : ...............................................10/28/15
Interview Date: ................................................11/11/15
Interview Date Rescheduled By Consulate : .12/04/15
Results: Approved Admin Review / AP..........12/08/15

Case Returned to USCIS .................................05/17/16

Case Reaffirmed: ..............................................09/18/17

Case Forwarded to Consulate: ........................10/12/17

2nd Interview: ...................................................11/17/17

Case Updated By Consulate: ............................12/28/17

Case Status Changed to Issued: ......................12/29/17
Visa Ready Pick up at Aramex: .........................12/30/17
Visa In Hand: ............01/03/18

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Filed: IR-1/CR-1 Visa Country: Morocco
Timeline

IMO the basis for this denial spiraled from your past k1 denial. They categorically stated it. So what was the reason for k1 denial in the first place? You don't seemed to have addressed that issue giving them the impression that your marriage was done to beat them! It appeared you've done what every ordinary petitioners that got approved had done, but, it does appeared the past k1 is hurting your cr1 so sorry for you! Take heart in this! It's your life and you have to fight courageously to overcome your predicament. You don't have no much time now to waste. I recommend Marc Ellis as one of the best immigration attorney for your case. I am confident you'll be reconsidered in the appeal. Don't just get emotional now, keep the faith! God is your strength

Thanks god is my strength and we pray to help us get through this whole process


Married:.................................08/02/11
I-130 Sent:.............................05/21/12

I-130 Packet Recv'd:..............05/23/12
I-130 Touched:.......................05/25/12
I-130 NOA 1:..........................06/02/12
I-130 RFE:..............................09/06/12
I-130 RFE Sent:......................09/14/12
I-130 RFE Recv'd: ..................09/18/12
I-130 Petition Denied:.............10/09/12
2nd USCIS I-130 Petition
I-130 Sent:......................................12/17/14
I-130 Packet Recv'd:.......................12/22/14
I-130 NOA 1:...................................12/24/14
I-130 NOA 2:................................... 05/19/15
I-130 NOA 2 Hardcopy Recv'd: ......05/22/15
I-130 Petition Sent to NVC:.............05/26/15
I-130 Petition Recv'd At NVC:........................06/02/15
Case No. assigned Recv'd over phone: ....... 06/16/15
NVC Welcome letter Recv'd: .........................06/19/15
Agent assigned: .............................................07/06/15
AOS fee paid: .................................................07/06/15
AOS confirmed paid: ......................................07/08/15
IV Bill Recv'd by email:....................................07/21/15
IV Bill paid online:............................................08/01/15
Submit DS-260:...............................................08/10/15
AOS & IV Packet sent:....................................08/11/15
Scanned Date:.................................................08/13/15
Case Completed:.............................................08/31/15
Medical Exam : ...............................................10/28/15
Interview Date: ................................................11/11/15
Interview Date Rescheduled By Consulate : .12/04/15
Results: Approved Admin Review / AP..........12/08/15

Case Returned to USCIS .................................05/17/16

Case Reaffirmed: ..............................................09/18/17

Case Forwarded to Consulate: ........................10/12/17

2nd Interview: ...................................................11/17/17

Case Updated By Consulate: ............................12/28/17

Case Status Changed to Issued: ......................12/29/17
Visa Ready Pick up at Aramex: .........................12/30/17
Visa In Hand: ............01/03/18

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Filed: Citizen (apr) Country: Nigeria
Timeline

Thanks everyone I will contact a lawyer to see what they advice is as well ... as for are K1 we were never giving a reason why it was denied never giving a chance to respond at all and the case was expired. Our age difference is 15 yrs and yes I'm with my husband now in Morocco... thanks again for the great advice :thumbs: Back... just talk with a lawyer and her advice was to start all over again reapply for the K1 and I-130 and we would need to address all the issue they found prove we have a bona fide marriage. so I asked what about the appeal process and she said I could try and see what happens just send lots of proof I explain that they gave us 30 days to respond.:blink: She did find it odd that they never gave us the reasons for our denial of K1 visa. I'm so confused :blush:

Well you have to decide to file one or the other you can't file both K1 and I-130. Will you be getting married?

Also as far as appeal that could take forever. There's no rush to make a decision. At least you starting all over you are processing. But thats too bad you don't even know why denied. Just load up your evidence and rresend in that 30 days I guess and wait it out. Since you seem to have the time and all.


Case Complete to Interview spreadsheet

From now on your VJ Member name will be verified. If the name you put on form to be added to spreadsheet comes up not found, you will not be added to the spreadsheet. If you don't have a timeline you will not be added to the spreadsheet.

Please Please put your VJ member name only. Not nicknames or real names whatever your VJ name is. It's below your profile picture!!

 

Come join the current Interview thread: 

Case-Complete-DQ-to-Interview-remainder-of-2022

Case Complete to Interview Spreadsheet
Case Complete to Interview Form

 

 

 

 

 

 

 

 

ROC I751
5/21/2018: Filed i751 ROC
6/12/2018: NOA1 Date
3/5/2019: Biometrics Appt
12/28/2019: 18 month Extension has expired
1/9/2020: InfoPass Appt to get stamp in Passport
2/27/2020: Combo Interview (ROC and Citizenship)
3/31/2020: submitted service request for being pass normal processing time
4/7/2020: Card being produced
4/8/2020: Approved
4/10/2020: Card mailed
4/15/2020: 10 year green card received
 
 
N400
5/21/2019: Filed Online
5/21/2019: NOA1 Date
6/13/2019: Biometrics Appt
2/27/2020: Citizenship Interview
4/7/2020: In queue for Oath Ceremony to be scheduled
6/19/2020: Notice Oath Ceremony scheduled
7/8/2020: Oath Ceremony (Houston)

 

 

 

 

 

 

 

 

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