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Residency Expires in November 2024, Case Still Pending

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Filed: K-1 Visa Country: Mexico
Timeline

Hi All,

 

My wife’s residency expires this November. We filed for ROC in September of 2022 and only got an a 24 month extension (case has been stagnant since November of 2022). She is of course eligible for naturalization but is that the only practical way to speed up the process and maintain her legal residency? Naturalization isn’t a huge priority at the moment so I’d love to know what I can do in between now and November when her status expires.

 

Thank you!

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6 minutes ago, visaquestion1234 said:

She is of course eligible for naturalization but is that the only practical way to speed up the process

That or suing the government under the Writ of Mandamus. 
 

And yes, as @OldUser said her status as a permanent resident doesn’t expire, just the proof of status is expiring. 

 

 

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What's more concerning is the fact she did not receive 48 months extension letter. In 2023 USCIS sent out 48 months extensions to everybody who had pending I-751. This would have extended her GC for another 2 years.

 

The reasons why it's concerning is if you never received new extension letter, you might as well missed interview appointment letter, RFE, NOID or denial.

 

Did you move since filing I-751? If moved, did your wife file AR-11? Did you file I-865 if you moved?

 

You can request missing notice (48 months extension) here https://egov.uscis.gov/e-request/displayNDNForm.do?sroPageType=ndn&entryPoint=init

 

 

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Your wife's residency does not expire.

Much the same as her residency did not expire when her original card did, it is simply that her 2 year extension letter will expire, but that is her proof of status, and not the status itself.

She remains a permanent resident. 

 

Shortly before it expires, she should apply for an I-551 stamp in her passport as ongoing proof of status, which is sufficient for all purposes including travel.

You do this by calling USCIS, saying 'infopass' to the godawful automated system, waiting for 45 mins on hold to speak to someone who then arranges for someone to phone you back a month later, at a hugely inconvenient time, to schedule an appointment for a stamp at a hugely inconvenient time. If you are really lucky they will mail you a stamp on a white I-94W card. 

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

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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Just now, mindthegap said:

Your wife's residency does not expire.

Much the same as her residency did not expire when her original card did, it is simply that her 2 year extension letter will expire, but that is her proof of status, and not the status itself.

She remains a permanent resident. 

 

Shortly before it expires, she should apply for an I-551 stamp in her passport as ongoing proof of status, which is sufficient for all purposes including travel.

You do this by calling USCIS, saying 'infopass' to the godawful automated system, waiting for 45 mins on hold to speak to someone who then arranges for someone to phone you back a month later, at a hugely inconvenient time, to schedule an appointment for a stamp at a hugely inconvenient time. If you are really lucky they will mail you a stamp on a white I-94W card. 

Or maybe worth trying requesting 48 months extension which would be valid for another 2 years VS stamp for 1 year?

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Filed: Citizen (apr) Country: Taiwan
Timeline
34 minutes ago, visaquestion1234 said:

but is that the only practical way to speed up the process

That method has worked for some of us.  After waiting 40 months for the I-751 to be processed, wife filed her N-400 under the 5 year rule.  Four months later, both the I-751 and N-400 were approved together.  It is nice to have USCIS out of our lives.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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1 hour ago, OldUser said:

Or maybe worth trying requesting 48 months extension which would be valid for another 2 years VS stamp for 1 year?

 

Of course, but that would be far too simple and easy for the clown college masquerading as USCIS to arrange. You'd have better luck asking a Zoltar machine for a new extension letter. 

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

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: K-1 Visa Country: Mexico
Timeline
3 hours ago, OldUser said:

What's more concerning is the fact she did not receive 48 months extension letter. In 2023 USCIS sent out 48 months extensions to everybody who had pending I-751. This would have extended her GC for another 2 years.

 

The reasons why it's concerning is if you never received new extension letter, you might as well missed interview appointment letter, RFE, NOID or denial.

 

Did you move since filing I-751? If moved, did your wife file AR-11? Did you file I-865 if you moved?

 

You can request missing notice (48 months extension) here https://egov.uscis.gov/e-request/displayNDNForm.do?sroPageType=ndn&entryPoint=init

 

 

Thank you! I searching for a 48 month extension letter but could only find the initial 24 month one we received. I will submit a request via that link in case it was misplaced or we never received it for some reason. The status online still states “Case Was Updated To Show Fingerprints Were Taken” so I don’t have any reason to believe an RFE or denial was issued.

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Filed: K-1 Visa Country: Mexico
Timeline
3 hours ago, mindthegap said:

Your wife's residency does not expire.

Much the same as her residency did not expire when her original card did, it is simply that her 2 year extension letter will expire, but that is her proof of status, and not the status itself.

She remains a permanent resident. 

 

Shortly before it expires, she should apply for an I-551 stamp in her passport as ongoing proof of status, which is sufficient for all purposes including travel.

You do this by calling USCIS, saying 'infopass' to the godawful automated system, waiting for 45 mins on hold to speak to someone who then arranges for someone to phone you back a month later, at a hugely inconvenient time, to schedule an appointment for a stamp at a hugely inconvenient time. If you are really lucky they will mail you a stamp on a white I-94W card. 

Thank you, this is extremely helpful.

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36 minutes ago, visaquestion1234 said:

. The status online still states “Case Was Updated To Show Fingerprints Were Taken” so I don’t have any reason to believe an RFE or denial was issued.

The status online doesn't always show accurate information. Some people got GC in the mail while status showed “Case Was Updated To Show Fingerprints Were Taken” . If you moved and never received new extension letter, you could have missed other things.

Edited by OldUser
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17 hours ago, visaquestion1234 said:

The status online still states “Case Was Updated To Show Fingerprints Were Taken” so I don’t have any reason to believe an RFE or denial was issued.

 

My denied cases still show similar years later... the case status is not always reflective of the case status.

 

 

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

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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3 hours ago, mindthegap said:

 

My denied cases still show similar years later... the case status is not always reflective of the case status.

 

 

+1000

 

Hence my question to OP about moving addresses which never got answered...

Edited by OldUser
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Filed: K-1 Visa Country: Mexico
Timeline
1 hour ago, OldUser said:

+1000

 

Hence my question to OP about moving addresses which never got answered...

Sorry, should have addressed that. We have not moved.

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Filed: K-1 Visa Country: Mexico
Timeline

Holy hell, Batman. I just did a deep dive into all of our millions of incoming USCIS mail. Turns out we in fact DID receive the 48 month extension. I feel stupid now.

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