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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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Filed: K-1 Visa Country: Wales
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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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Filed: Citizen (apr) Country: Ukraine
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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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Filed: K-1 Visa Country: Ukraine
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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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Filed: K-1 Visa Country: Wales
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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 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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Filed: Citizen (apr) Country: Haiti
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What country are you from? 

 

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

Our 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

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 

Approved: 10/23/18 -no interview

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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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Filed: K-1 Visa Country: Wales
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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:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

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

12/1/16: sent, 12/14/16: 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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Filed: K-1 Visa Country: Wales
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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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