OVER A YEAR AND A HALF WITH NO ANSWER!!!

[xiao mei 2]

We filed the I-751 in February 2011. (here's a link to my original post http://www.visajourney.com/forums/topic/317008-our-i-751-interview-experience/)

We were called in on June 28 2011 for an interview. We brought binders of evidence and albums of picture of both of our families. Husband is from China and I've visited and met all of his family. I'm African-American and he's 10 years my senior so we're an automatic red flag according to the first agent during our I-130 interview. During the I-751 interview we went through a stokes interview where they separated us. We were interviewed by the head adjudicator who barely flipped through our binder and refused to look at any pictures. We did have a lawyer present who kept track of all of our questions and answers. We answered the same on everything. The interviewer said she only had our T-file or temporary file so she'd request the complete file and we'd find out the results within 90 days.

Over a year later and we're still waiting!!!

We got called in for a third interview September 22, 2012. Thankfully this time it wasn't a Stokes interview but the man conducting the interview HAD NO RECORD OF OUR ORIGINAL INTERVIEW >:[ The interviewer was a lot nicer this time. He seemed more confused than us as to what was going on though. He even told us that they had sent people to our home. Husband works full time and is in grad school so he's gone from 7 am to 10 pm. I'm in school full time and watch my nieces in the evening so that my sister can go to school as well so I don't get home until around the same time. On the weekends we normally go to visit my parents, friends houses, or library so we aren't home. When they came by we weren't home both times. They asked our neighbors if they recognized a picture of us and they said they recognized my husband but not me. They had a picture of me when I was 20 (I don't look nearly the same) and I'm completely bald now due to alopecia so of course they said they don't recognize me. That got us flagged as fraud which caused them to schedule this third interview.

Once again we came armed with binders of evidence and this time we made sure that he looked at all of our photo albums. I've been to China to meet his family and he's always around mine so I wanted them to take not. That's a lot of work and money if we were a "sham marriage" The interviewer said he had no doubt of our authenticity (we've been married 4 and a half years now) but once again, they did not have our complete case file on site. I think they must have lost it somewhere and wont do anything about it. It's going on 60 day since the third interview and its still set as pending. I really don't know what to do at this point other than writing our congressperson.

If anyone can offer any advice I'd appreciate it. My husband relies solely on our lawyer for everything and I'd like any other opinions if anyone else is going through the same thing

[LIFE'SJOURNEY 970]

File for naturalization of citizenship, this will force them to make a decision.

[bigdog 376]

Sounds like a good idea, but your time line is incomplete.

[Darnell 8,478]

The local office doesn't have his A-File.

You can put in a service request via the National Hotline to ask for location of the A-File.

Then, when you get that, fax the location to the interviewing officer, asking him to request the A-File from where it is stored.

Good Luck !

[Steve D. 22]

Heh, another case of forever taking I751. Let me share my experience with the USCI-####.

I filed to CSC in June 2011. Got my NOA and bio on time, however in July I got an RFE, which I responded to promptly in August. Then comes October, a relocation notice was sent to me, telling me my files has been relocated to the LA field office.

I decided to wait for the interview letter to come.

It never did. February comes I called the USCI-#### for a service request. Which they sent me a letter in writing from the LA office that I should receive a decision no later than April.

March comes, I am qualified to file for Naturalization (N-400), which I am GLAD I did, because May comes I already had my N-400 bio and still, nothing from the LA office regarding my I751.

I got hold of my congressman, asking for some help. His first response was "Oh wow we've been getting a LOT of these delayed I751 lately, but then again they have always been slow so let me ask USCIS what is going on."

A week later, I got a letter back from my congressman, with a email print out from the director of USCIS. She didn't explain why my I751 was delayed, but she said that since I have my N-400 already in progress, they will just go with whatever my N-400 application turns out, instead of sticking the I751. In other words, they are skipping my I751.

I made an InfoPass appointment in late May to have an I551 stamp put on my soon to expire conditional GC with NOA. The guy in the field office shook his head when he went through my request and said "yeah I seen a great increase of these delayed I751 these days".

So August come, I had my N-400 interview. Passed it and took my oath in September. Now I'm a citizen with a pending I751.

What a joke, USCI-####.

My advise is get hold of your congressman ASAP. Explain to him/her about your situation and seek help. By the mean time if you feel like you need to, hire a lawyer. Otherwise it's just going to be an endless loop of kicking the ball around.

Edited October 19, 2012 by Steve D.

[xiao mei 2]

Thank you so much for the helpful advise, I'm going to write a letter right away. We have a lawyer but he seems like he's dragging #### on everything so hopefully this helps.

[VanessaTony 3,567]

File for naturalization of citizenship, this will force them to make a decision.

If they do the immigrant loses their Chinese citizensship because China does not permit dual nationality.

It's going on 60 day since the third interview and its still set as pending. I really don't know what to do at this point other than writing our congressperson.

If anyone can offer any advice I'd appreciate it. My husband relies solely on our lawyer for everything and I'd like any other opinions if anyone else is going through the same thing

I completely agree with calling the Senator/Congressperson. This is WAY beyond normal processing time.

[BigDaddy28 228]

Thank you so much for the helpful advise, I'm going to write a letter right away. We have a lawyer but he seems like he's dragging #### on everything so hopefully this helps.

Lawyers won't do nothing but just drive you crazy. Look if I were you I would file for N400 (citizenship). That will make them hurry up and if they don't need it they will approve your citizenship before your green card. I read somebody that had the same situation. He filed for citizenship and became a US citizen, and the I751 is still pending until today. I hope that my application gets approved in the timeline, but if it comes to the date I'm elegible for citizenship, I'm not waiting as I can do that because it's my right.

[Steve D. 22]

Lawyers won't do nothing but just drive you crazy. Look if I were you I would file for N400 (citizenship). That will make them hurry up and if they don't need it they will approve your citizenship before your green card. I read somebody that had the same situation. He filed for citizenship and became a US citizen, and the I751 is still pending until today. I hope that my application gets approved in the timeline, but if it comes to the date I'm elegible for citizenship, I'm not waiting as I can do that because it's my right.

That person is me. I've shared my experience in the post above.

To the OP, get hold of your congressman ASAP while file your N400. You have to push USCIS instead of waiting to get things done.

[VanessaTony 3,567]

Lawyers won't do nothing but just drive you crazy. Look if I were you I would file for N400 (citizenship). That will make them hurry up and if they don't need it they will approve your citizenship before your green card. I read somebody that had the same situation. He filed for citizenship and became a US citizen, and the I751 is still pending until today. I hope that my application gets approved in the timeline, but if it comes to the date I'm elegible for citizenship, I'm not waiting as I can do that because it's my right.

OP's husband is from CHINA. They do not permit dual citizenship. Filing N-400 is likely not an option for them.

[VanessaTony 3,567]

That person is me. I've shared my experience in the post above.

To the OP, get hold of your congressman ASAP while file your N400. You have to push USCIS instead of waiting to get things done.

Please make sure you're aware of the person's country first. Filing N-400 means no retention of home countries citizenship.

One person got lucky and posted on here before her husband (German) Oath Ceremony and was able to file the necessary paperwork for him to retain his German passport, and she only posted because she thought whoever told her that was lying. Not all nationalities are able to accept other citizenship's willy-nilly :S

Edited October 22, 2012 by Vanessa&Tony

[Darnell 8,478]

Thank you so much for the helpful advise, I'm going to write a letter right away. We have a lawyer but he seems like he's dragging #### on everything so hopefully this helps.

what news of a service request, filed over the phone, with an ISO at USCIS National Call Center?

[Steve D. 22]

OP's husband is from CHINA. They do not permit dual citizenship. Filing N-400 is likely not an option for them.

Please make sure you're aware of the person's country first. Filing N-400 means no retention of home countries citizenship.

One person got lucky and posted on here before her husband (German) Oath Ceremony and was able to file the necessary paperwork for him to retain his German passport, and she only posted because she thought whoever told her that was lying. Not all nationalities are able to accept other citizenship's willy-nilly :S

I'm confused. I do understand that China does NOT permit dual citizenship. I believe for the OP the ultimate goal is to obtain the citizenship. Also filing for N-400 would force USCIS to make a decision on the I751 as well. It's a win-win situation.

As for China... well I can tell you that I STILL have my Chinese passport. However when I apply for a visa to China I will be handing that passport in, back to the Consulate among my US passport.

[VanessaTony 3,567]

I'm confused. I do understand that China does NOT permit dual citizenship. I believe for the OP the ultimate goal is to obtain the citizenship. Also filing for N-400 would force USCIS to make a decision on the I751 as well. It's a win-win situation.

As for China... well I can tell you that I STILL have my Chinese passport. However when I apply for a visa to China I will be handing that passport in, back to the Consulate among my US passport.

Excellent! that you know you need to hand over your now void Chinese passport.

If the OP's husband wants to file for citizenship, great, he should... but it's important that he, and others reading, know that doing so voids his Chinese citizenship. There was no mention of filing for citizenship so I assume you know the OP personally or have read prior topics.

[bigdog 376]

OP's husband is from CHINA. They do not permit dual citizenship. Filing N-400 is likely not an option for them.

True, per my friends and wife the Chinese government is searching to establish a way to determine which of their citizens are our of china and collecting retirements or government benefits etc. and cut them off. Yes no dual citizenship for China.