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I 751 still pending after 2 years

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roma0806 Contributor

roma0806   2

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Filed: AOS (pnd) Country: Tunisia
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I want to give you a brief summary about my I751 case status.

In September of 2013, My husband and I submitted an application I-751 with all the necessary documents to remove the conditions on my husband permanent resident. We paid the filing fee and biometrics fee and the check was cashed in a timely manner.
Soon after, we got the one years extension letter, as well as the biometrics appointment letter. On January 29, 2016, we received a receipt notice from USCIS that describes how we will process our case. On June 2016 we received a Request for more Evidence letter, asking for more proof that our marriage was bona fide. We gathered more documents and we sent it via express mail to USCIS. On December 2016 my husband did an Info-pass appointment and he received one year an extension of his conditional permanent resident. Until now, the case is still pending and we don’t have any answer back from USCIS. On November 20, my husband did another Info-pass appointment and he got the same answer, they said the case is still pending on the service center due to background check.
We’ve called the customer service of USCIS many times and asked to provide us extra info on my husband case, and every time they said the case is under investigation and we have to wait. We are aware of the high workload of U.S. Citizenship and Immigration Services (USCIS), however, we decided to wait until further notice from USCIS even though we had waited more than 24 months. on May 2017 my husband contacted a lawyer and filled N400. 
My husband also contacted the congressman twice and he received the following answer 
" Dear applicant
I have contacted USCIS regarding your pending I-751 Petition.
U.S. Citizenship and Immigration Services (USCIS) records confirm that your case is pending background check clearance. USCIS is committed to adjudicating immigration benefits in a timely manner while also ensuring public safety and national security. A small percentage of applications and petitions have unresolved background check issues that temporarily delay adjudication. Although USCIS makes every effort to resolve such cases promptly, USCIS is unable to speculate when the background check will be completed.
If a background check reveals an issue that may impact an applicant’s eligibility for the requested immigration benefit, further inquiry is needed. The inquiry may include an additional interview and/or contact with another agency for updates or more comprehensive information. Upon gathering and assessing all available information, USCIS will adjudicate the application as quickly as possible.
USCIS realizes that you may be frustrated by the progress of your case. However, the agency must balance individual inconvenience against broader issues of public safety and national security. They have contacted the officer in possession of this file and advised them of my inquiry.
We hope this information is helpful. If we may be of further assistance, please let us know.
 
Best,
My question is how long my husband  have to wait to get his I751 and N400 approved. Any suggestions please . 
 
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mindthegap
mindthegap

So the usual pending security check BS (see my timeline - I got this for ages too with no explanation given). Which country is he originally from?   Filing the N-400 should speed it up

Ketsuban
Ketsuban

You're thinking of a Writ of Mandamus. If the "security issue" isn't fixed within the timeframe then they'll be forced to deny OP's petition, whereas had he waited only god knows how long now, he migh

Jason27
Jason27

I have been waiting from 11/22/16 and it’s 5/3018 and still nothing I also went on a strokes interview and I went back on a interview in March of 2018 and still nothing I really don’t know what to do

mindthegap Experienced

mindthegap   2,521

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Filed: Lift. Cond. (pnd) Country: United Kingdom
 Timeline
Posted

So the usual pending security check BS (see my timeline - I got this for ages too with no explanation given).

Which country is he originally from?

 

Filing the N-400 should speed it up and force adjudication of the I-751... you could also try filing with the ombudsman, although they aren't exactly quick either. 

https://www.dhs.gov/case-assistance

Also file a request for assistance with your Senator.

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

 I-751 Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

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roma0806 Contributor

roma0806   2

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Filed: AOS (pnd) Country: Tunisia
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Im originally from Tunisia. I been living in the State since July 2014. No problems at all. I am actually working as Registered nurse and going for school for my master degree....

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roma0806 Contributor

roma0806   2

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Filed: AOS (pnd) Country: Tunisia
 Timeline
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I contacted the congressman twice and he received the following answer :
" Dear applicant
I have contacted USCIS regarding your pending I-751 Petition.
U.S. Citizenship and Immigration Services (USCIS) records confirm that your case is pending background check clearance. USCIS is committed to adjudicating immigration benefits in a timely manner while also ensuring public safety and national security. A small percentage of applications and petitions have unresolved background check issues that temporarily delay adjudication. Although USCIS makes every effort to resolve such cases promptly, USCIS is unable to speculate when the background check will be completed.
If a background check reveals an issue that may impact an applicant’s eligibility for the requested immigration benefit, further inquiry is needed. The inquiry may include an additional interview and/or contact with another agency for updates or more comprehensive information. Upon gathering and assessing all available information, USCIS will adjudicate the application as quickly as possible.
USCIS realizes that you may be frustrated by the progress of your case. However, the agency must balance individual inconvenience against broader issues of public safety and national security. They have contacted the officer in possession of this file and advised them of my inquiry.
We hope this information is helpful. If we may be of further assistance, please let us know.
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roma0806 Contributor

roma0806   2

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Filed: AOS (pnd) Country: Tunisia
 Timeline
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I applied for N400 since May 2017. I did my fingerprint on June 20, 2017 and Still waiting . last week I went to the info-pass  and I got the same answer your case pending in the service center for background check.... and i have to wait.  Also on the 20 of November 2017 I requested from USCIS case status; and USCIS will review and process my request. Expect a reply by December 8, 2017...
 

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koukou Apprentice

koukou   1

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Filed: Country: Algeria
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my brother went through same issue his case went over 2 years he tried everything, so i will advice something from experience and been tried and its works , it is will cost little bit but will fix the matter ones and forever , his lawyer basically file a claim to the immigration court and by the law they have to fix the matter within 60 days no matter what with approval or denial, so after 60 days you will have an answer thats for sure . ask your lawyer about this option he will explained it for you if your extended 1 year letter expire like you said you definitely eligible to do that .

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Ketsuban Experienced

Ketsuban   1,034

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Filed: Citizen (pnd) Country: United Kingdom
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11 minutes ago, koukou said:

my brother went through same issue his case went over 2 years he tried everything, so i will advice something from experience and been tried and its works , it is will cost little bit but will fix the matter ones and forever , his lawyer basically file a claim to the immigration court and by the law they have to fix the matter within 60 days no matter what with approval or denial, so after 60 days you will have an answer thats for sure . ask your lawyer about this option he will explained it for you if your extended 1 year letter expire like you said you definitely eligible to do that .

You're thinking of a Writ of Mandamus. If the "security issue" isn't fixed within the timeframe then they'll be forced to deny OP's petition, whereas had he waited only god knows how long now, he might get an approval.

ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS. Also some time in May I sent a letter to Potomac telling them I want to withdraw my I-90 since CSC were handling it.

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

October 31st 2018: Potomac sends out a notice stating they have closed out my I-90 per my request. Yay for no duplicate card drama.

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koukou Apprentice

koukou   1

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Filed: Country: Algeria
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you welcome and good luck if i were you i will wait until 8 December like they promise to give an answer to see what comes out , if it is same answer i will wait for my N400 interview and see what they said but if it pass 6 month and no sign of N400 interview i will go and proceed with the court option .

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roma0806 Contributor

roma0806   2

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Filed: AOS (pnd) Country: Tunisia
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Yes, It's been almost 6 month since i applied for N400. Do you know how much will cost roughly, the process of the lawyer . Some people said will cost around 10k..

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koukou Apprentice

koukou   1

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Filed: Country: Algeria
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sorry I do not think that lawyer will have business there you far away but Im sure lawyers in your area are aware of this laws and can get it done , as you know lawyer want tell you everything you have to do your own research. 

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roma0806 Contributor

roma0806   2

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Filed: AOS (pnd) Country: Tunisia
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Yes , i will hire . Im waiting for the answer from the immigration center , then I will try filing with the ombudsman. If nothing work , i will hire a lawyer

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