I-751 March 2018 Filers

[kai bran 9]

WAC18112 Coug.

[marya123 2]

Well we are moving in July. Noa was at the end of March 2018. Won’t have a home from early June till early July. I don’t know what to do about that as my husbands in the army and there’s not much he can do about his orders. Ughh this is taking forever any suggestions ? My case is eac and it seems like they’re taking forever 

Edited February 24, 2019 by Maryakhadra

[GBOS 198]

20 minutes ago, Maryakhadra said:

Well we are moving in July. Noa was at the end of March 2018. Won’t have a home from early June till early July. I don’t know what to do about that as my husbands in the army and there’s not much he can do about his orders. Ughh this is taking forever any suggestions ? My case is eac and it seems like they’re taking forever 

@Maryakhadra - if your husband is an active member of the US military or a veteran, you are entitled to request an expedited processing of your N-400.

 

So when you are eligible to file for N-400, you can do so and request an expedited processing, then that would force USCIS to adjudicate your I-751 at the same time.

 

The contact information is available here:

https://www.uscis.gov/military/military-help-line

[GBOS 198]

Hi guys - Someone in February 2018 thread asked a question and I answered in details so I wanted to share with all of us March 2018 filers (me included) what I know about how USCIS works as to why the approvals are out of chronological order.

 

*********

The work should theoretically be done in chronological (which also means numerical) order.

 

This is the explanation from USCIS official when Vermont had the Service Center open house to immigration lawyers back in 2017 and to the local media in 2016.

 

Files are however put together in a basket (like a USPS mail basket, if you have seen one before), so it goes, for example, EAC180050001 to EAC1810050020 (20 files) in Basket #1, and the next basket (Basket #2) could have another 20 or whatever fits in each basket.  As you know I-751 file is not standard; some people submit loads of documents, while some people submit fewer documents for whatever reason they may have.

 

Each basket is put on a shelf in the file room, and each officer picks up one basket of the Form he/she is assigned to work.  One I/O picks up one and only one basket at a time (and the IO must pick up the first basket in the queue).  The I/0 must finish that by adjudicating (approve, deny), issuing RFE, or transferring the file to a field office for an interview, before he/she can go get a new basket.  If an officer issues an RFE, that particular file stays with him/her until it can be adjudicated or transferred, pending the RFE response from the applicant/petitioner.  So when he/she picks up a new basket, he/she still needs to come back to any open files with outstanding RFE when the response is received back from the applicant/petitioner.

 

That said, you could have Officer A (picking up Basket #1) who works slower than Officer B (picking up Basket #2).  So Officer B would finish Basket #2 before Officer A could finish Basket #1.  Then Officer B would go on to pick up Basket #3, and so it goes.

 

Now imagine there are approximately 80 adjudicating officers (as of 2017) who works exclusively on family-based forms (many other forms including I-751).  So you could imagine how file baskets are out of order everywhere, due to this simple “speed of work” difference.  This doesn’t take into account hundred of other possible issues like - resign, termination, vacation, temporary reassignment, temporary reduction in workforce etc.

 

Hopefully this helps you understand why we see approvals all over the place.

[GBOS 198]

Here is the answer to the myth about I-751 and N-400 filings

 

***************

 

This explanation is available in the adjudication manual used by all adjudicating officers (aka. the adjudication bible).  N-400 file preparation is handled exclusive by the National Benefits Center (NBC) in Lee Summit, Missouri.

 

Once Form N-400 is filed by an applicant, the system runs A# to see if an applicant is still a conditional resident (CR).  If an applicant is still a CR (meaning an applicant has a pending I-751 (marriage less than 2-years)), a file request is automatically initiated to locate and retrieve the I-751 file from the Service Center the file is at.  NBCwaits until it receives I-751 file, put it together with N-400 file and transfer it to the field office having jurisdiction over the address supplied by an applicant.  This system is not perfect (well nothing with USCIS is perfect).  Here are four possible scenarios that we know to play out in reality as a result of N-400 filing while I-751 is pending:

 

Scenario #1

In some cases, filing N-400 will effectively delay (and I don't like this term because it is misleading unless you really understand the big picture of how N-400 and I-751 adjudication works together) I-751 adjudication depending on how fast the field office is processing N-400.  For example, if you are in Dallas, TX, this is one of the slowest N-400 processing due to a very large number of immigrants within this field office's jurisdiction.  Currently it runs about 16-20 months.  That said, your I-751 will NOT be adjudicated until you are called for N-400 interview and both cases will be adjudicated at the same time.  This is when you see people on VJ here complain that they filed I-751 in late 2017 and they are still waiting.  The majority of them complain and as soon as you ask, you will find out that they also have a pending N-400 in one of these overloaded office, namely -- Dallas, Houston, Los Angeles, San Francisco, Atlanta etc.  The wait time for N-400 is improving, nonetheless.  N-400 has been and will always be a priority when it comes to field office workload.  This is more true in the election year (even year).

 

Scenario #2

In some cases, filing N-400 will effectively speed up I-751 adjudication.  For example, if you are in West Palm Beach, FL or Jacksonville, FL, this is one of the fastest N-400 processing in the country due to a very small number of immigrants plus army bases (note: the military members and their family members are entitled to an expedited N-400 processing).  Currently for these fast offices, it runs about 4-6 months.  That said, your I-751 will also be adjudicated at the same time when you are called for N-400 interview.

 

Scenario #3

In some cases, filing N-400 will also delay (and this is a real delay) an adjudication of both I-751 and N-400.  The reasons for this delay is the I-751 file has already been opened by the officer (note: once it is opened by the IO, it will not be pulled and transferred to NBC) and is awaiting an adjudication.  This seems like it should happen quickly once the file is opened, but it is not always the case.  Therefore, some people are being called for N-400 interview first, but their I-751 file is still with the Service Center.  So N-400 cannot be fully approved until the IO at the Service Center finalizes and approves I-751, and who knows what could go wrong in that process.  You also see people claims that N-400 pushes the IO to approve their I-751 at the Service Center.  That is just pure luck, if it happens.  This is not true.

 

Scenario #4

In very very unique cases, the I-751 file is stuck in purgatory of security checks (FBI Name Checks, IBIS, Criminal History etc.) or a fraud investigation.  Fraud investigation is unique to I-751 filing because of the widespread marriage fraud (that is what USCIS claims to happen, which I disagree).  The security check delays are much more common among cases in this scenario than fraud investigations are.  The manpower of USCIS just does not support the investigation of marriage fraud, as opposed to other frauds like H1B.  USCIS chooses to fry bigger fishes.  You can see these in their court filing, many of which they put out on USCIS electronic reading room for people to see that fraud will not be tolerated.  Nobody knows how long it takes to process the cases belong to these individuals (whether they are simply unlucky or they are actually worthy of security/fraud concerns).

 

What I am going to say is here are the misconceptions we see here on VJ all the time:

1. File N-400 as soon as you can to speed up your I-751 adjudication.  This is NOT always true.  In some cases, it does, and some cases, it does not.  See above.

2. File N-400 while I-751 is pending will delay your I-751 adjudication.  This is NOT always true either.  In some cases, it does, and some cases, it does not.  See above.

3. File N-400 will force the Service Center to adjudicate my pending I-751.  This is PLAIN WRONG.  USCIS does not care if you file N-400.  To some people, it does happen that way, and that is just pure luck.  Like their file is literally on someone's desk to be approved, as they file for N-400.

 

I am not an immigration lawyer (but I know many); I also don't work for USCIS (but I know a few who does).  I am just a VJ member who also has a pending I-751 filed in March 2018.  I understand the system pretty darn well by studying the manuals and asking questions from the people who actually work the system.  I try my best to be a contributing member of VJ by helping people understand the system and don't believe any misconception of how USCIS works.  Assuming that USCIS follows the logic is correct, but assuming that a result will also be logical and chronological is incorrect.  Processing immigration petition is not a straight pipe where it goes in one way and out another way.  It is very inefficient and bureaucratic.  I am cynical at times you will see on here, just to blow off steam of frustration I too have with USCIS.

[wbeem 568]

Hi all, 

I've searched all over this section of the forum and run google searches but can't find the link to where we check our status online for the I 751.  Is it still possible to check and if so, does anyone have a link? I hate asking questions that have already been answered but apparently my search skills suck or I just don't see it.  

[Sasifz 22]

1 hour ago, GBOS said:

Here is the answer to the myth about I-751 and N-400 filings

 

***************

 

This explanation is available in the adjudication manual used by all adjudicating officers (aka. the adjudication bible).  N-400 file preparation is handled exclusive by the National Benefits Center (NBC) in Lee Summit, Missouri.

 

Once Form N-400 is filed by an applicant, the system runs A# to see if an applicant is still a conditional resident (CR).  If an applicant is still a CR (meaning an applicant has a pending I-751 (marriage less than 2-years)), a file request is automatically initiated to locate and retrieve the I-751 file from the Service Center the file is at.  NBCwaits until it receives I-751 file, put it together with N-400 file and transfer it to the field office having jurisdiction over the address supplied by an applicant.  This system is not perfect (well nothing with USCIS is perfect).  Here are four possible scenarios that we know to play out in reality as a result of N-400 filing while I-751 is pending:

 

Scenario #1

In some cases, filing N-400 will effectively delay (and I don't like this term because it is misleading unless you really understand the big picture of how N-400 and I-751 adjudication works together) I-751 adjudication depending on how fast the field office is processing N-400.  For example, if you are in Dallas, TX, this is one of the slowest N-400 processing due to a very large number of immigrants within this field office's jurisdiction.  Currently it runs about 16-20 months.  That said, your I-751 will NOT be adjudicated until you are called for N-400 interview and both cases will be adjudicated at the same time.  This is when you see people on VJ here complain that they filed I-751 in late 2017 and they are still waiting.  The majority of them complain and as soon as you ask, you will find out that they also have a pending N-400 in one of these overloaded office, namely -- Dallas, Houston, Los Angeles, San Francisco, Atlanta etc.  The wait time for N-400 is improving, nonetheless.  N-400 has been and will always be a priority when it comes to field office workload.  This is more true in the election year (even year).

 

Scenario #2

In some cases, filing N-400 will effectively speed up I-751 adjudication.  For example, if you are in West Palm Beach, FL or Jacksonville, FL, this is one of the fastest N-400 processing in the country due to a very small number of immigrants plus army bases (note: the military members and their family members are entitled to an expedited N-400 processing).  Currently for these fast offices, it runs about 4-6 months.  That said, your I-751 will also be adjudicated at the same time when you are called for N-400 interview.

 

Scenario #3

In some cases, filing N-400 will also delay (and this is a real delay) an adjudication of both I-751 and N-400.  The reasons for this delay is the I-751 file has already been opened by the officer (note: once it is opened by the IO, it will not be pulled and transferred to NBC) and is awaiting an adjudication.  This seems like it should happen quickly once the file is opened, but it is not always the case.  Therefore, some people are being called for N-400 interview first, but their I-751 file is still with the Service Center.  So N-400 cannot be fully approved until the IO at the Service Center finalizes and approves I-751, and who knows what could go wrong in that process.  You also see people claims that N-400 pushes the IO to approve their I-751 at the Service Center.  That is just pure luck, if it happens.  This is not true.

 

Scenario #4

In very very unique cases, the I-751 file is stuck in purgatory of security checks (FBI Name Checks, IBIS, Criminal History etc.) or a fraud investigation.  Fraud investigation is unique to I-751 filing because of the widespread marriage fraud (that is what USCIS claims to happen, which I disagree).  The security check delays are much more common among cases in this scenario than fraud investigations are.  The manpower of USCIS just does not support the investigation of marriage fraud, as opposed to other frauds like H1B.  USCIS chooses to fry bigger fishes.  You can see these in their court filing, many of which they put out on USCIS electronic reading room for people to see that fraud will not be tolerated.  Nobody knows how long it takes to process the cases belong to these individuals (whether they are simply unlucky or they are actually worthy of security/fraud concerns).

 

What I am going to say is here are the misconceptions we see here on VJ all the time:

1. File N-400 as soon as you can to speed up your I-751 adjudication.  This is NOT always true.  In some cases, it does, and some cases, it does not.  See above.

2. File N-400 while I-751 is pending will delay your I-751 adjudication.  This is NOT always true either.  In some cases, it does, and some cases, it does not.  See above.

3. File N-400 will force the Service Center to adjudicate my pending I-751.  This is PLAIN WRONG.  USCIS does not care if you file N-400.  To some people, it does happen that way, and that is just pure luck.  Like their file is literally on someone's desk to be approved, as they file for N-400.

 

I am not an immigration lawyer (but I know many); I also don't work for USCIS (but I know a few who does).  I am just a VJ member who also has a pending I-751 filed in March 2018.  I understand the system pretty darn well by studying the manuals and asking questions from the people who actually work the system.  I try my best to be a contributing member of VJ by helping people understand the system and don't believe any misconception of how USCIS works.  Assuming that USCIS follows the logic is correct, but assuming that a result will also be logical and chronological is incorrect.  Processing immigration petition is not a straight pipe where it goes in one way and out another way.  It is very inefficient and bureaucratic.  I am cynical at times you will see on here, just to blow off steam of frustration I too have with USCIS.

Really appreciate your hard work and info 

[iPod 89]

5 minutes ago, wbeem said:

Hi all, 

I've searched all over this section of the forum and run google searches but can't find the link to where we check our status online for the I 751.  Is it still possible to check and if so, does anyone have a link? I hate asking questions that have already been answered but apparently my search skills suck or I just don't see it.  

So called "new" website: https://myaccount.uscis.dhs.gov/

 

So called "old" website: https://egov.uscis.gov/casestatus/landing.do

[wbeem 568]

5 minutes ago, iPod said:

So called "new" website: https://myaccount.uscis.dhs.gov/

 

So called "old" website: https://egov.uscis.gov/casestatus/landing.do

Thank you!  Much appreciated! The 'New" site worked for me

[marya123 2]

20 hours ago, GBOS said:

@Maryakhadra - if your husband is an active member of the US military or a veteran, you are entitled to request an expedited processing of your N-400.

 

So when you are eligible to file for N-400, you can do so and request an expedited processing, then that would force USCIS to adjudicate your I-751 at the same time.

 

The contact information is available here:

https://www.uscis.gov/military/military-help-line

thank you for the reply. im going to call uscis and see what they suggest. im really hoping that i get some news soon or at least when we get our new address it will be a smooth process.  i dont think ill be doing the citizenship part 

[marya123 2]

when was the last vermont centre approval? i cant find any, what is going on 

[GBOS 198]

22 minutes ago, Maryakhadra said:

when was the last vermont centre approval? i cant find any, what is going on 

@Maryakhadra - looking from the case statuses which are publicly available online, some officers in Vermont Service Center is working on cases filed during the first week of January 2018 (EAC180695xxxx; note this is not the same date as EAC180690xxxx; I have discussed the receipt numbering differences in details previously).

 

An RFE was issued for two receipt numbers from this batch of receipt number as of this morning, 2/25/2019.

 

This does not mean that they are not working on anything after that.  I have discussed the basket and speed of work issue among the officers, so the timeline is roughly estimated.  Nobody knows for sure.

Edited February 25, 2019 by GBOS

[fredricksburg 0]

Hello All.

i did not received 18 months extension letter. I just received 12 months letter so i went to local field office on 02/20/2019 and got stamp on my passport for 1 year. But they kept my expired green card. i asked him why he is keeping it and he told me that i can either have stamp or expired GC, not both. i have filed with divorce waiver. and my case status says "at this time USCIS can not provide any information". and it has been like this ever since i filed. I have checked both new and old USCIS websites but it's the same.

Any COMMENTS??????

[GBOS 198]

1 minute ago, fredricksburg said:

Hello All.

i did not received 18 months extension letter. I just received 12 months letter so i went to local field office on 02/20/2019 and got stamp on my passport for 1 year. But they kept my expired green card. i asked him why he is keeping it and he told me that i can either have stamp or expired GC, not both. i have filed with divorce waiver. and my case status says "at this time USCIS can not provide any information". and it has been like this ever since i filed. I have checked both new and old USCIS websites but it's the same.

Any COMMENTS??????

@fredricksburg - That is correct.  I no longer have my expired green card either.  I only have a stamp on my passport.

 

Case status online is not the most reliable thing.  You should not read too much into it.  Many of us here do get updates, while many also do not get anything and the approvals just show up in the mail.

 

Every case is judged heavily from the evidence submitted.  It has been reported by some VJ members that their cases were approved as a divorce waiver filer, and it has also been reported by some VJ members that they are being scheduled for an interview.

 

Don’t guess when USCIS will get to your case (it has proven here to be impossible to guess).

 

Do respond quickly if you hear anything from USCIS.  AND

 

Do keep your hopes up.  We will all turn out Ok.  It is just a matter of time.

[marya123 2]

12 minutes ago, GBOS said:

@Maryakhadra - looking from the case statuses which are publicly available online, some officers in Vermont Service Center is working on cases filed during the first week of January 2018 (EAC180695xxxx; note this is not the same date as EAC180690xxxx; I have discussed the receipt numbering differences in details previously).

 

An RFE was issued for two receipt numbers from this batch of receipt number as of this morning, 2/25/2019.

 

This does not mean that they are not working on anything after that.  I have discussed the basket and speed of work issue among the officers, so the timeline is roughly estimated.  Nobody knows for sure.

@GBOS  thanks for the reply. my number is 18125. although i dont think that even matters ahhhhh