My I-751 has been pending for 31 months

[JudyWilde 6]

Hi all,

 

The U.S.C.I.S. received my I-751 on December 16, 2020. In November 2021, my case was transferred to Lee’s Summit, MO to “speed things up.”
 

It is July 23, 2023. I’m still waiting for an interview to be scheduled. 
 

LOL. I feel I am never going to get an interview date and my status will be in limbo forever. 
 

 

[Mike E 11,723]

Choices:

 

1. continue to be passive

 

2. file N-400

 

3. file writ of mandamus. See the posts by @igoyougoduke

[Crazy Cat 39,284]

7 minutes ago, judythebunny said:

Hi all,

 

The U.S.C.I.S. received my I-751 on December 16, 2020. In November 2021, my case was transferred to Lee’s Summit, MO to “speed things up.”
 

It is July 23, 2023. I’m still waiting for an interview to be scheduled. 
 

LOL. I feel I am never going to get an interview date and my status will be in limbo forever. 
 

 

I would file an N-400.  That moved wife's I-751.  Four months after filing, the I-751 and N-400 were both approved.   Just my courteous opinion. 

Edited July 23, 2023 by Crazy Cat

[igoyougoduke 1,605]

7 hours ago, judythebunny said:

Hi all,

 

The U.S.C.I.S. received my I-751 on December 16, 2020. In November 2021, my case was transferred to Lee’s Summit, MO to “speed things up.”
 

It is July 23, 2023. I’m still waiting for an interview to be scheduled. 
 

LOL. I feel I am never going to get an interview date and my status will be in limbo forever. 
 

 

why havent you filed n-400? 

[OldUser 4,831]

1 hour ago, igoyougoduke said:

why havent you filed n-400? 

I'd think China dual citizenship problem?

[igoyougoduke 1,605]

2 hours ago, OldUser said:

I'd think China dual citizenship problem?

ouch. that sukks for OP . 

[Stein 260]

2 hours ago, OldUser said:

I'd think China dual citizenship problem?

Still could file, get I-751 moved up, finish I-751 then withdraw the n-400.  Sucks it would cost some money but could get resolution.  That said, I suspect the I-751 would come by itself at this late date before the n-400 would come.

[Olga&Jared 267]

13 hours ago, Stein said:

Still could file, get I-751 moved up, finish I-751 then withdraw the n-400.  Sucks it would cost some money but could get resolution.  That said, I suspect the I-751 would come by itself at this late date before the n-400 would come.

Often filing N-400 doesn't really do anything for I-751 till the actual N-400 interview. Not sure if you can withdraw it at that point. In my case, I filed N-400 6 months ago and my I-751 was transferred to NBC a month later and that's it. I don't see it being approved till I'm talking to an officer regarding my N-400. 

[JudyWilde 6]

16 hours ago, OldUser said:

I'd think China dual citizenship problem?

I’m not eligible to file N400 yet. 

[OldUser 4,831]

4 minutes ago, judythebunny said:

I’m not eligible to file N400 yet. 

Got it, are you sure?

What's your resident since date? 

Are you filing under 3 or 5 year rule?

Did you have long trip outside of the US?

[JudyWilde 6]

1 minute ago, OldUser said:

Got it, are you sure?

What's your resident since date? 

Are you filing under 3 or 5 year rule?

Did you have long trip outside of the US?

I’d file N400 under the 5-year rule and I’ll become eligible in September this year.
 

Resident since 12/19/18. 
 

International trip: I had to go back to China from Jan 2019 to June 2019 to get medical treatment (not having U.S. medical insurance at the moment and could not afford our-of-pocket treatment in the U.S.) for my injuries sustained due to my ex-spouse abuse. I nearly died. I don’t wish to get into any detail and I hope my wish can be respected. 

 

I have been residing in the U.S. since June 2019. Never left. 

[OldUser 4,831]

3 minutes ago, judythebunny said:

I’d file N400 under the 5-year rule and I’ll become eligible in September this year.
 

Resident since 12/19/18. 
 

International trip: I had to go back to China from Jan 2019 to June 2019 to get medical treatment (not having U.S. medical insurance at the moment and could not afford our-of-pocket treatment in the U.S.) for my injuries sustained due to my ex-spouse abuse. I nearly died. I don’t wish to get into any detail and I hope my wish can be respected. 

 

I have been residing in the U.S. since June 2019. Never left. 

I'd advise counting 4 years and 9 months since June 2019, to be on a safe side. That would be sometime in March 2024 for N-400 submission.

 

Maybe @Mike E can comment?

 

[JudyWilde 6]

5 minutes ago, OldUser said:

I'd advise counting 4 years and 9 months since June 2019, to be on a safe side. That would be sometime in March 2024 for N-400 submission.

 

Maybe @Mike E can comment?

 

Thank you for your advice. I actually feel much better by reading these replies from different VJ members. 

[Mike E 11,723]

39 minutes ago, OldUser said:

Maybe @Mike E can comment?

Ok

 

39 minutes ago, OldUser said:

International trip: I had to go back to China from Jan 2019 to June 2019

Jan 1 2019 to Jun 30 2019 is 181 days including Jan 1 and Jun 30.

 

The day of departure from U.S. and day of return to U.S. count as days in the U.S.  

 

181 - 2 = 179.

 

I am not seeing the problem. File N-400 in 2023. September 20, 2023

Edited July 24, 2023 by Mike E

[OldUser 4,831]

27 minutes ago, Mike E said:

I am not seeing the problem. File N-400 in 2023. September 20, 2023

@judythebunny became LPR in December 2018 and left for a lengthy trip less few weeks after in January 2019. Are 2-3 weeks of residence sufficient to start counting eligibility from December 2018? I know, technically he's LPR based on Resident Since. But the absense is also on the borderline of 6 months. What if the OP left the US on January 3rd and came back on June 20th? That would be 169-2 = 167? Of course, can calculate more precisely if exact dates are provided.

 

I think it'd make a much cleaner case to start counting residence since return in June 2019.

Edited July 24, 2023 by OldUser