Suing USCIS due to extremely long ROC wait time [merged threads]

[Family 3,549]

25 minutes ago, babayega said:

for now, I hired a new company about 3-4 hours north to our home and my wife has been already work about 1-1.5 hours south to our house. She doesn’t wanna move, we have already having other problems. Yes, if I also give up, this relationship would be end, sadly. 

Edited 19 minutes ago by babayega

Do you no longer live with wife at the same address? 
How long have you lived at separate addresses..? 
How long are you at new job ? 
***please note USCIS is very good at calculating distances and also good at figuring out calculated statements to support such***

[xxD 7]

1 minute ago, Family said:

Do you no longer live with wife at the same address? 
How long have you lived at separate addresses..? 
How long are you at new job ? 
***please note USCIS is very good at calculating distances and also good at figuring out calculated statements to support such***

Just a month. Not actually separated. I am going for Airbnb in weekdays, I am at home during weekend. We are trying to solve this issue is pretty new. 

[Family 3,549]

21 minutes ago, babayega said:

Just a month. Not actually separated. I am going for Airbnb in weekdays, I am at home during weekend. We are trying to solve this issue is pretty new. 

I would not say you have a new problem since looking for , interviewing with and accepting such a distant position AGAINST your wife’s wishes , probably only make sense to you and took some considerable time to happen. 
 

Even a higher rate of pay  won’t cut it ..cause that gets used up with paying for two households 

 

So you have just opened the door for fresh reasons to extend FDNS reviews,,,though nobody can tell you how to live…so live without obsessing over I/751 or N-400. 
 

Your green card will survive with what I imagine is six years of married life evidence…just may take longer . 

 

 

 

 

 

[xxD 7]

3 hours ago, Family said:

I would not say you have a new problem since looking for , interviewing with and accepting such a distant position AGAINST your wife’s wishes , probably only make sense to you and took some considerable time to happen. 
 

Even a higher rate of pay  won’t cut it ..cause that gets used up with paying for two households 

 

So you have just opened the door for fresh reasons to extend FDNS reviews,,,though nobody can tell you how to live…so live without obsessing over I/751 or N-400. 
 

Your green card will survive with what I imagine is six years of married life evidence…just may take longer . 

 

 

 

 

 

Beside the payment, I accepted by a good company and position. I couldn't reject.  We are suffering with economical problem, one of the main problem of my relationship especially last year. 

Here what I see that, everyone has a concern about the relationship and a lot of question. I can't imagine what the officers think???

[Rocio0010 5,572]

6 minutes ago, babayega said:

Beside the payment, I accepted by a good company and position. I couldn't reject.  We are suffering with economical problem, one of the main problem of my relationship especially last year. 

Here what I see that, everyone has a concern about the relationship and a lot of question. I can't imagine what the officers think???

We are focusing on your relationship because your green card is based on marriage, that’s why. 
You entered the US with the intention to evaluate schools and then apply for an F1. When filing the DS-260, were you honest about your intentions? Did you actually say that you were planning to explore schools to potentially apply for an F1? Or did you just say you were coming to visit? 
Also, when did you enter the US and when did you get married? 
Did you know your spouse from before?

Have either of you been married before?

Is there any chance that the girl that you saw reported you to ICE?
Have you filed for FOIA?

[xxD 7]

1 minute ago, Rocio0010 said:

We are focusing on your relationship because your green card is based on marriage, that’s why. 
You entered the US with the intention to evaluate schools and then apply for an F1. When filing the DS-260, were you honest about your intentions? Did you actually say that you were planning to explore schools to potentially apply for an F1? Or did you just say you were coming to visit? 
Also, when did you enter the US and when did you get married? 
Did you know your spouse from before?

Have either of you been married before?

Is there any chance that the girl that you saw reported you to ICE?
Have you filed for FOIA?

- I told them I came here for look up a school to evaluate, make plan and get a decision. (tuition, accept or not accept by program etc.) By the way, I started and finished the school too.

- I entered in 2016 and married right after 3 months. We did not know each other before. Just met up and started to travel in the city everyday then se proposed me. (We explained to the officer)

- The woman that I got a problem doesn't know about my visa status something. I don't think.

- I haven't filled up FOIA. During the interview, the officer told me that your relationship is unique but sadly you had a red flag because quick marriage and the dismissed DV. 

[Family 3,549]

3 hours ago, babayega said:

Beside the payment, I accepted by a good company and position. I couldn't reject.  We are suffering with economical problem, one of the main problem of my relationship especially last year. 

Here what I see that, everyone has a concern about the relationship and a lot of question. I can't imagine what the officers think???

My recommendation is that you spend some serious effort in putting together a pseudo I-751 packet to cover ALL the joint life evidence From 2019 /2020/2021 to 2022 today. 

Call it “ Supplemental Filing of Jointly Filed I-751 case #xyz “ 

On month/day/ 2019 we submitted the following 

List one by one the evidence you sent at that time or send copy of the Cover/ Exhibits you used 

During our I-751 interview on Xx, 2021 we were advised that a decision could not be made without further review and most recently on Xx, 2022  we received an email stating our case is under extended review. 
 

Considering three long years of review have passed since our filing, enclosed please find evidentiary documentation to assist the Service in rendering a favorable decision: We are happy to attend another interview, should it be necessary, in the hope it will help expedite this very long delay. 

 

Now list ONE by ONE and number each item …all the evidence you put together ( taxes, irs transcripts, leases, every possible utility bill, every bank account statements for …cars , insurance..EVERYTHING since 2019 PLUS anything you may have forgotten from 2016 and 2017 .

Put this BIG packet together ,

if possible have your wife write a Letter in Support of Jointly Filed I-751 and get it notarized ( with a JURAT). Whatever she wants to say is ok…( please don’t coach her, you come off very very disingenuous)….it’s ok if she refuses . 
Mail it certified mail to Attn ; Field Office Director ( where you were interviewed) 

 

Doing this now is an effective way to enter into record a truckload of bonafides .

 

Then you figure out where life takes, you. Hopefully you and your wife make it, but if you have given up, don’t prolong her misery, you don’t need to stay married for the green card. 
 

 

 

 

 

 

[xxD 7]

9 minutes ago, Family said:

My recommendation is that you spend some serious effort in putting together a pseudo I-751 packet to cover ALL the joint life evidence From 2019 /2020/2021 to 2022 today. 

Call it “ Supplemental Filing of Jointly Filed I-751 case #xyz “ 

On month/day/ 2019 we submitted the following 

List one by one the evidence you sent at that time or send copy of the Cover/ Exhibits you used 

During our I-751 interview on Xx, 2021 we were advised that a decision could not be made without further review and most recently on Xx, 2022  we received an email stating our case is under extended review. 
 

Considering three long years of review have passed since our filing, enclosed please find evidentiary documentation to assist the Service in rendering a favorable decision: We are happy to attend another interview, should it be necessary, in the hope it will help expedite this very long delay. 

 

Now list ONE by ONE and number each item …all the evidence you put together ( taxes, irs transcripts, leases, every possible utility bill, every bank account statements for …cars , insurance..EVERYTHING since 2019 PLUS anything you may have forgotten from 2016 and 2017 .

Put this BIG packet together ,

if possible have your wife write a Letter in Support of Jointly Filed I-751 and get it notarized ( with a JURAT). Whatever she wants to say is ok…( please don’t coach her, you come off very very disingenuous)….it’s ok if she refuses . 
Mail it certified mail to Attn ; Field Office Director ( where you were interviewed) 

 

Doing this now is an effective way to enter into record a truckload of bonafides .

 

Then you figure out where life takes, you. Hopefully you and your wife make it, but if you have given up, don’t prolong her misery, you don’t need to stay married for the green card. 
 

 

 

 

 

 

Thank you very much for everything and appreciated your time and advices. I will follow this and I will gather all those evidence. It can take a half day to bring all together because I already have all those items and more and more. 

[Danny1 0]

On 8/9/2022 at 5:49 PM, babayega said:

Hello everyone. My case is extremely out side of process. I think I have a only option to sue them. But I need your recommendations about suing, or if you could provide any better option.

 

June 20, 2019 - I751 applied

October 4, 2020 - N400 applied

October 15, 2020 - I751 transferred another office

April 2, 2021 - N400 interview (completed successfully)

July 28, 2021 - I751 Interview completed

June 25, 2022 - First inquiry ( 3 days later from that day Uscis emailed me and they said "we regret that we are unable to provide you with a completion date at this time" )

June 26, 2022 - Contacted to Congressman (still waiting)

I wanted to contact to the ombudsman too but, they are not longer accepting any outside of process claim.

 

I would like to ask, 

- Is suing my only option now? If I sue them what could be happen? Any bad affect to my case? Do you guys have any recommendation?

 

Thank you for all

 

 

 

 

Hi Babayega.

 

I know how frustrating waiting for a case to be completed longer than it should be. I went through thesame, contacted congressman, ombudsman and nothing happened. After some thoughts, I decided to sue the USCIS. After a week of filing the lawsuit, my case was approved.

 

Hope this helps with your question. 

[xxD 7]

1 minute ago, Danny1 said:

Hi Babayega.

 

I know how frustrating waiting for a case to be completed longer than it should be. I went through thesame, contacted congressman, ombudsman and nothing happened. After some thoughts, I decided to sue the USCIS. After a week of filing the lawsuit, my case was approved.

 

Hope this helps with your question. 

I am extremely thinking about that now. As  @Family said, starting new job about 3 hours to my home and I see my wife only weekends now (since its a new job, we don't know what we could do), this would be a new reason to make my case suspect.

  I opened up my first inquiry about a month ago and I contacted to congressman about 2 weeks ago. I also applied for FOIA last week. I would be wait about 3-4 weeks from now to see whats going on. 

I would like to ask how much it cost you? If something special, you could not answer, no problem. Thank you so much

[Fanguy 10]

Contact ur Senator who is more powerful than the congressman. One friend had a similar case as urs n he contacted his senator within a month his I 751 n N 400 was approved 

[Jerome2 0]

Tust me you don't want to get on there bad side do not sue them am talking from experience immigration benefits is not a right but a privilege trust me u don't want to mess with the government 

[poh 125]

On 8/9/2022 at 2:49 PM, babayega said:

Hello everyone. My case is extremely out side of process. I think I have a only option to sue them. But I need your recommendations about suing, or if you could provide any better option.

 

June 20, 2019 - I751 applied

October 4, 2020 - N400 applied

October 15, 2020 - I751 transferred another office

April 2, 2021 - N400 interview (completed successfully)

July 28, 2021 - I751 Interview completed

June 25, 2022 - First inquiry ( 3 days later from that day Uscis emailed me and they said "we regret that we are unable to provide you with a completion date at this time" )

June 26, 2022 - Contacted to Congressman (still waiting)

I wanted to contact to the ombudsman too but, they are not longer accepting any outside of process claim.

 

I would like to ask, 

- Is suing my only option now? If I sue them what could be happen? Any bad affect to my case? Do you guys have any recommendation?

 

Thank you for all

 

 

 

 

Have you tried to seek help from your senator.  Try writing to your senator for help 

[Danny1 0]

On 7/21/2022 at 12:32 PM, Chancy said:

 

Affidavit of support (form I-864) is also not required at the petition stage.  It must be submitted at NVC stage.  No need to notarize.

 

If you mean 3rd-party affidavit letter, that's not required either.  School document and census record also not required, unless you have no birth certificate that lists your mother.

 

 

13 hours ago, babayega said:

I am extremely thinking about that now. As  @Family said, starting new job about 3 hours to my home and I see my wife only weekends now (since its a new job, we don't know what we could do), this would be a new reason to make my case suspect.

  I opened up my first inquiry about a month ago and I contacted to congressman about 2 weeks ago. I also applied for FOIA last week. I would be wait about 3-4 weeks from now to see whats going on. 

I would like to ask how much it cost you? If something special, you could not answer, no problem. Thank you so much

There is no specified cost for the sue. All depends on the lawyer you are hiring for the lawsuit. However, the sue can cost from $3000 and up. Hope this helps . 

[Limba 7]

On 8/10/2022 at 11:03 AM, Rocio0010 said:

Whats your country of origin?

any previous marriages?

any previous visa applications?

Has your spouse ever applied for someone else? 
Any significant age difference?

Irrelevant questions. Focus on recommendations.