I have been waiting for almost 7 years for i751 approval

[DelayedinSS 11]

I would like to share some disgraceful developments at the Baltimore Field Office. I applied for my i-485 in September 2011 based on my marriage to a USC. I received my conditional green card shortly after that. I applied for removal of Conditions (I751) in October 2014. I have not yet been approved. I went for an i-751 interview in October 2015. In October 2017, I applied for my citizenship through the n400. I have not yet received a response on my i-751 case. It has been almost 7 years. I did not receive an RFE. In January 2021, I received a notice to appear for another i-751 interview. I did not attend the interview because my husband is in another state. I requested that my interview be rescheduled. My husband is frustrated with this entire process and does not want to fly back for an interview (COVID pandemic, and has a sick relative that he is caring for). I do not know what will happen with my case. It has been almost 7 years and USCIS has not ruled on my case. What if my husband refuses to attend the next interview? Will they deny my case? I just want a resolution so that I can move on in life.

[igoyougoduke 1,605]

you can file a Writ Of Mandamus (WOM) is a judicial court to get your case moving. Why is your husband not willing to attend interview ?  Are you divorced ? Looks like USCIS is suspecting an issue with your case and its held in abeyance 

[DelayedinSS 11]

I am not divorced yet, but my husband has moved to another State. He does not want to come back because he fears contracting the virus. Who do I get to file the writ of Mandamus? Is this something that I can file myself without lawyers? I have not had a lawyer on my case.

 

I think my case has been delayed because there is an age gap between my husband and myself (16 years). My husband is also of a different ethnicity. It is the 2nd marriage for my husband, the first for me. 

[Marieke H 2,314]

26 minutes ago, DelayedinSS said:

I am not divorced yet, but my husband has moved to another State.

So are you planning to divorce? How long have you been living separately? I believe that there may be some important details missing in your story. Not attending your interview was a mistake, especially after waiting for so long. You could have attended by yourself and explained that you are in the process of divorcing (if you are), or that your husband was unable to attend because of COVID. With the huge backlogs, who knows when you will be scheduled again for an interview.

[DelayedinSS 11]

I did not attend the interview because the notice said to attend with your citizen spouse. We were also worried that this would be a Stokes interview. I did not want any complications and wanted to be prepared. He now may not even attend. Will they deny my case? I would rather it be denied than wait for another 7 years. I am writing to say that removal of conditions can take many years, even if you submit your application.

[DelayedinSS 11]

we might get divorced but I am worried that it will delay my case even further. My husband is understanding and wants this issue resolved for me, even though he lives in another state. When I get another interview date, I will attend by myself. However, I am worried that they intend to deny my application regardless. 

[aaron2020 11,651]

You need help from a lawyer, not an online forum.

 

How long have you and your husband have been living separately?

 

Your fear of a Stokes interview seems to suggest that you and your husband may not know each other very well and may not have a real marriage.  

 

If your husband does not attend the interview, then your ROC and naturalization will be deny.  The burden is on you and your husband to prove your case and that you have a real marriage.  If the two of you aren't willing to do that, then it's an easy denial.  

[Timona 3,943]

 

@DelayedinSS   you could have gone and asked the IO to switch to divorce waiver. 

Since you filed I-751 "as married"  at the time of filing, he will have to attend the interview. However, as you said, he does not want to. Therefore, that I-751 is going to be rightly denied at the end. To solve this and to also not lose your intilal filing fee, you will have to divorce and then present divorce cert at your next interview. That should solve the I-751 issue. Depending on when you filed your N400, you may or may not have to do it a fresh. That I am not sure

Edited April 2, 2021 by Timona

[DelayedinSS 11]

Does anyone know if they will allow a Zoom call with my husband? He does not want to travel back because of the pandemic. Our marriage is legitimate and we have been together for almost 10 years. He moved to NM to take care of his Mother (she is dying of cancer), and I could not go because of my current employment. We are considering divorce because he says this move is final. I want to know why it is taking so long to process my case. I applied for removal of conditions in October 2014. If shortly after that, we were called for interviews, we could have easily attended. However, it is over 6 years later that USCIS is calling us in for an interview. My husband has since moved. It is not fair to penalize me for my husbands reluctance to attend the interview after so much time has passed.

[DelayedinSS 11]

I do not want to pay lawyers hence why I am in this forum. Alot of immigration attorneys are fraudsters that prey on the misinformed and vulnerable. I am in my current immigration situation because my family accepted bad advice from an immigration attorney many years ago. 

Edited April 2, 2021 by DelayedinSS

[aaron2020 11,651]

33 minutes ago, DelayedinSS said:

Does anyone know if they will allow a Zoom call with my husband? He does not want to travel back because of the pandemic. Our marriage is legitimate and we have been together for almost 10 years. He moved to NM to take care of his Mother (she is dying of cancer), and I could not go because of my current employment. We are considering divorce because he says this move is final. I want to know why it is taking so long to process my case. I applied for removal of conditions in October 2014. If shortly after that, we were called for interviews, we could have easily attended. However, it is over 6 years later that USCIS is calling us in for an interview. My husband has since moved. It is not fair to penalize me for my husbands reluctance to attend the interview after so much time has passed.

They are not going to allow a Zoom call.  It is fair to punish you for your husband's reluctance to attend the ROC interview.  It's REQUIRED for him to attend.  Why should the laws not apply to you?

[aaron2020 11,651]

34 minutes ago, DelayedinSS said:

I do not want to pay lawyers hence why I am in this forum. Alot of immigration attorneys are fraudsters that prey on the misinformed and vulnerable. I am in my current immigration situation because my family accepted bad advice from an immigration attorney many years ago. 

Your situation is SO BAD and SO OUT OF THE ORDINARY.  You need a competent lawyer.  You are not handling this competently.  You think it's possible for your husband not to show up for the ROC interview when it's not.  You are scared of a Stokes interview even though you've been married for 10 years.  

Best of luck to you.  You don't seem to want to take any advice from us on VJ.  You just want us to back up what you want to do.  

[Marieke H 2,314]

Have you ever called USCIS to inquire about your case and the holdup? 6.5 years of processing is not normal. If you want to legally stay in the US, you need to become more proactive. Call USCIS, inquire about your I-751 and N-400 cases, call again, request a tier 2 officer, call again if needed, contact a lawyer, figure out if you are going to divorce or not, make sure your husband understands how important it is for him to show up if you are staying married. You can not sit around and wait and complain on a forum if you truly want to resolve the issue.

52 minutes ago, DelayedinSS said:

I do not want to pay lawyers hence why I am in this forum. Alot of immigration attorneys are fraudsters that prey on the misinformed and vulnerable. I am in my current immigration situation because my family accepted bad advice from an immigration attorney many years ago. 

But you are leaving out a lot of important details, so no one here can give you good advice.

[DelayedinSS 11]

I am trying to give as many facts as possible. I have called USCIS to many times to inquire about the status of my case. I have set up several InfoPass appointments as well. I  always get the same response, that is is "pending. No further information can be provided." I guess I will contact the lawyer. I just hope it is worth it.  I hope they can help me sort out my case. I can't believe it has been 6.5 years, but here I am. I have received no action on my case for many years. Do not file in the Baltimore field Office, if you can avoid it. I think my case file was delayed based on the AO. Yuck! Is it true that most i751s are approved? I am reading conflicting online. I will try to get my husband to attend the next interview. We have tax returns to prove that our marriage is legitimate. We do not have children. We have not purchased property. We have some shared joint bills (joint bank account, car insurance, phone). I hope this is enough for this new interview. I might go to the interview and be put in deferred status again. I would like to know the record for a pending i751. For me, it could close to 14 years. 

[DelayedinSS 11]

if I go to the interview and ask for the divorce waiver, will I have to wait for processing again? This is my fear. I will have to wait an additional 4-5 years because I want to change my application to the divorce waiver.