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John501

I751 is pending for 6 years should I apply citizenship?

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Hello,

 

I got married in october 2010.recieved 2 years green card in June 2011. I applied my form I-751 in march 2013. I had biometrics april 2013. 

I got divorced in may 2014. I recieved a letter from uscis in January 2015  that they wanted more documents of my marriage. I sent them back  everything I had plus my divorced document and a witness and a letter from exwife... I recieved another letter that was saying that I needed sign it for to help uscis to switch my case to a waiver. I signed it and mailed back to Vermont center. February 2018 my case transferred to the local office.(  I have done all my infopass on time)

 

So I have talked with many attorney. None of them wanted to take my case or wanted to charge me $7500 plus $650/hr 

Honestly I cannot afford to pay that much money for an attorney. 

Basically I'm all alone in this case. 

 

Also I have tried to go back to my college to finish my classes. They didn't accept me with experied green card.

Now I'm 33. Even if I finish my school i won't have any career for sure. So I decided to join to military to that I can do something for my future.  But they told me that I must have a 10 years green card. 

If I move back home , there is no job a  there is a huge economic crisis going on. 

Im kinda locked up on every way. 

 

 

So Should I apply for citizenship or should I wait for their decision ? 

Thank you

Edited by John501

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Have you involved your Congressperson?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Actually, the good news in your case is that your case was transferred to your local office.  I have a sneaking suspicion that you are in standard processing time now.  Where is your local office?

I say this because of what we experienced from a time line standpoint:  Applied in Mar of 2017.  Case was transferred to local office around May or July 2018.  Now, we applied for the N-400 in March of 2018.  She got her N-400 interview last month, but she was combo'd with the I-751 as you can't proceed to ceremony with a pending 751.  Basically, we were in local limbo for about 9 months.  I know, less than you, but I truly believe that if we didn't apply for the N-400 we would still be waiting.  Go ahead and apply for citizenship.  You qualify based on time...it can't hurt.  Again, being in the local office, to me, is a positive.

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@John501 if I where you...i would definitely apply for naturalization. since it looks you are already 5 years with GC. Waiting for ROC is just a waste of time now. Maybe if you get lucky, they will do a combo interview and you are done with USCIS


8/7/2017                    NOA-1

3/1/2018                    NOA-2

3/15/2018                  NVC case received

3/22/2018                  NVC case assigned

3/23/2018                  Consulate ready

4/11/2018                  Medical

4/17/2018                  Visa Approved

4/24/2018                  Visa on hand

5/23/2018                  Point of Entry ATL

5/24/2018                  Marriage license, officiant and certificate / applied for SS#

5/31/2018                  AOS/AP/EAD

6/7/2018                    email notification of NOA-1

6/11/2018                  NOA-1 hard copies for AOS/EAD/AP

6/27/2018                  Biometrics for AOS/EAD

7/7/2018                    ready to be scheduled for interview

7/11/2018                  We are still reviewing your case and there are no updates at this time (email from USCIS)

8/22/2018                  We are still reviewing your case and there are no updates at this time (same email again)

9/5/2018                     We are still reviewing your case and there are no updates at this time (this is getting boring!!!)

10/3/2018                  We are still reviewing your case and there are no updates at this time (this is insanity, 4th time while some got GC)

10/17/2018                After 136 days of wait in HELL, finally EAD in production

10/21/2018                Card was mailed to me, and yes it said so on a Sunday night, while Vj-ing

10/22/2018                Card was picked up by the USPS

10/24/2018                EAD in hand. F%^&& finally

12/28/2018                Interview has been scheduled. Waiting for notification with date by snail mail

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3 hours ago, Brian&Larissa said:

Actually, the good news in your case is that your case was transferred to your local office.  I have a sneaking suspicion that you are in standard processing time now.  Where is your local office?

I say this because of what we experienced from a time line standpoint:  Applied in Mar of 2017.  Case was transferred to local office around May or July 2018.  Now, we applied for the N-400 in March of 2018.  She got her N-400 interview last month, but she was combo'd with the I-751 as you can't proceed to ceremony with a pending 751.  Basically, we were in local limbo for about 9 months.  I know, less than you, but I truly believe that if we didn't apply for the N-400 we would still be waiting.  Go ahead and apply for citizenship.  You qualify based on time...it can't hurt.  Again, being in the local office, to me, is a positive.

Thank you for your comment. My local office is Memphis. When I went to get an infopass last time. The officer told me that I won't have a chance because I got divorced and I'll be deported.

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Sounds like there is a lot more to this than a simple divorce waiver, all I can suggest is competent legal advice.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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File a request for help with your congressperson and senators - some are more helpful than others. 

AND

File a request with the ombudsman HERE- this takes a couple of months.

AND

File your N-400. 

 

 

Go to an infopass and request an I-551 stamp. With a pending I-751 you ARE entitled to one. This is then your proof of status, and should enable you to go to college as you tried to do.

 

4 hours ago, John501 said:

No I have not. One of the lawyer told me that it may be a risk for me

Yeah...because it means more money for the lawyer. There is no risk to filing a request for case assistance.

Your case is way out side of normal processing time and beyond ridiculous. I thought my I-715 nightmare was long at over 3.5 years now, but 6 is crazy.

 

Edited by mindthegap

CR1 / DCF (London): 2012 / 2013 (4.5 months from I-130 petition to visa in hand)

 

I-751 #1- May2015 [Denied]

 

Early May 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
May 2015: Notice of receipt/1yr extension received, dated day of receipt. This was forwarded to me outside the US, and no issues re-entering multiple times.
June 2015: Biometrics completed - walk in / argument, stressing proof of imminent travel and multiple prior inconvenient appointments & reschedules.
May 2016: Vermont Service Centre updated to processing May 2015 cases, therefore my case is now classed as outside normal processing time
May 2016: Service request sent (whatever that is) after calling to find out why I am still waiting after 12 months. Unable to tell me anything.
May 2016: Letter received in response, stating processing is on hold due to 'pending security checks' with no other information. Not helpful.
May 2016: (7am) - Infopass appointment for I-551 Stamp in passport.  (8am) - Returned to USCIS office for another I-551 stamp after realizing the dumbass put the expiry stamp as 2015 not 2017. Two entire passport pages wasted. Cheers. 

Oct 2016: Infopass appointment (not at local office). USCIS have sent my file to an overseas office, in a country that neither myself or my spouse have ever resided in. It has sat there untouched for five months. Why? Who knows. Internal query requesting urgent clarification is sent by USCIS officer.  
Oct 2016: An identical 'pending security check'  letter received, addressing precisely none of my or the immigration officers legitimate queries. 
Nov 2016: Infopass appointment: My file is now back in the US and at my local office...no other updates or progress. 
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 - enough is enough. 
May 2017: Yet another infopass. No updates, interview of further progress. Still no response from Congressperson, Senator, or Ombudsman received. 
June 2017: 68 days after contacting them, the Ombudsman finally contacted USCIS. 'It may take up to 60 days to receive a response'.   
July 2017:  A follow up enquiry sent by Ombudsman to USCIS after receiving no response or action after 45 days. I am Jack's complete lack of surprise. 
August 2017: 60 days has come and gone with no response from USCIS. Contacted the Ombudsman who will contact them AGAIN. 
August 2017: Email from Ombudsman - USCIS have scheduled an interview at the very end of August .  
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
September 2017: Now 4 weeks since interview, my file has not moved from the officers desk, and no decision is showing when I call and speak to a Tier 2.  
September 2017: Request filed for Senator assistance (a different senator - maybe I will get a reply & assistance from this one?). 
October 2017: 37 days since interview....and no decision.  W, and indeed, TF is going on???? 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS

I-751 #2 - Oct 2017 [Pending] 

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.  

October 2017: I-797C Receipt/extension letter received, dated day of receipt at VSC 

October 2017: Another I-551 stamp obtained at infopass appointment, as the extension letter is useless with a 2yr card that expired 2.5yrs ago! 

November 2017: Biometrics completed (early walk-in) 

2018: Re-entered US multiple times with second I-751 extension letter & stamp. Quick trip to secondary required to verify, and stamped in as normal

  

N-400 Feb 2018 [Pending] 

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

February 2018: Biometrics completed (walk-in)

Mid - February  2019: N-400 Interview

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What country are you from? 

 

Definitely get your congress person involved. 6 years is ridiculous!


Michele & Schneithers K1 Journey

I-129f

Service Center : Texas Service Center   Transferred? California Service Center on 8/11/14

Consulate : Port au Prince, Haiti             I-129F Sent : 4/14/2014

I-129F NOA1 : 4/24/14                            I-129F NOA2 : 9/10/14

NVC Received : 9/24/14                          NVC Left : 9/26/14

Consulate Received : 10/6/14 CEAC status changed to ready

Packet 3 Received : 10/27/14 packet received by petitioner in USA ( beneficiary never received packet 3)

Medical: 10/30/14 Dr. Buteau                  Medical picked up: 11/3/14

Packet 3 Sent : 11/10/13.. Had to schedule interview appointment and attach confirmation receipt to packet

Packet 4 Received : never received ..does it even exist?

Interview Date : 12/1/14                           Interview Result : Approved !

Visa Received : 12/10/14 picked up at Jacmel location

US Entry : 12/15/14 Fort Lauderdale, Florida

Apply for Social Security Card: 12/30/14 Connecticut

Marriage: 1/26/15

 

Adjustment of Status

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Biometrics : 4/15/15

Approved: 8/31/15                                     Received: 9/8/15

 

EAD

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Approved: 6/12/15

Received: 6/20/15

 

Removal of Conditions I-751

Filed: 8/14/17 at VSC                                 NOA: 8/15/17 Received 8/21 by mail

Biometrics: Dated: 8/25/17   Received 9/2/17   Appointment 9/11/17

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Is there more to the story than presented here? 


I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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People on here remove conditions all the time with a Divorce Waiver, very common and most diy.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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9 hours ago, mindthegap said:

Yeah...because it means more money for the lawyer. There is no risk to filing a request for case assistance.

Your case is way out side of normal processing time and beyond ridiculous. I thought my I-715 nightmare was long at over 3.5 years now, but 6 is crazy. 

I think the implication was that there's a reason no decision has been reached for 6 years, and pressing a decision might speed up a negative result. That also backs why the lawyers wouldn't take the case or wanted very high legal fees...there's likely something else here that is making it a very difficult case.

 

Although it's certainly not the first time USCIS has sat on a case for an absurd amount of time.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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4 minutes ago, geowrian said:

I think the implication was that there's a reason no decision has been reached for 6 years, and pressing a decision might speed up a negative result. That also backs why the lawyers wouldn't take the case or wanted very high legal fees...thee's likely something else here that is making it a very difficult case.

 

Although it's certainly not the first time USCIS has sat on a case for an absurd amount of time.

That was my thought process but the OP said there are no other issues.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Most are willing to seek elected reps' help.. and almost unheard of a lawyer not wanting to take $$s. Hmmm...


I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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