A Radical Idea

[hellomms 16]

Here is an idea that I am not sure will ever become a reality but I think its worth the debate, not sure if there are lawyers who could also shed some light.

USCIS should refund the I-751 fee if the ROC petition isn't adjudicated by the time petitioner applies for Citizenship under 'Naturalization for Spouses of U.S. Citizens' and here is why:

1. The evidence provided for N-400 or Citizenship includes the evidence provided for I-751 as the requirement under 'Naturalization for Spouses of U.S. Citizens' is that you are currently married in good faith, same as in ROC
2. USCIS can not prove that (a) the ROC petition adjudication went through the same level of effort as the other ROC cases, and (b) that the ROC adjudication was not due to the fact that they reviewed the evidence for the Citizenship application
3. With (1) and (2) above, it is therefore plausible to say that USCIS did not render the (ROC) service it was paid to do

I am sure there are a lot of other what-if situations to be considered but when a petitioner files for the Citizenship with an un-adjudicated ROC case, we all know that it forces USCIS to make a decision on ROC (likely approve or possibly deny). USCIS is operating under a quasi business model where one pays for the service he/she would like to receive and it is apparent here that when one simultaneously pays for both "services" it is unclear whether one actually gets the service they paid for

I understand that this is a Citizenship process with a governmental organization but its the model they adopted, you pay to get the service so why should the rules be different for this process.

[Martyshk 137]

Um, no.

[TimeTravel 78]

I would say " NO Refund ". Even ROC is not done in timely manner, it doesnt mean that they never touched your file. Each case is unique, and may take its own time.

[Martyshk 137]

Honestly, applying for Naturalization on a 3 year rule is a privilege. Everyone else has to wait 5 years. So yeah, we pay two fees in quick succession, so what?

All in all, it is a benefit for us (USC), from our government, to bring our loved ones here. And to be honest, the fees for the whole process are not exuberant.

[Navyk 78]

Honestly, applying for Naturalization on a 3 year rule is a privilege. Everyone else has to wait 5 years. So yeah, we pay two fees in quick succession, so what?

All in all, it is a benefit for us (USC), from our government, to bring our loved ones here. And to be honest, the fees for the whole process are not exuberant.

I agree - each process has costs associated with it and fees provide the necessary finance at least to break-even. Well there is always a wastage in every area, including in our own personal finances. So I say no refund please.