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Exasperated

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Posts posted by Exasperated

  1. I called USCIS to open a service request since my case is outside the 'normal processing time'. I was sent to the second level since the lady at the first level could not see a service request option for my case.

    At the second level, the officer told me that the normal processing times (on the USCIS website) are just approximations and do not necessarily apply to all cases. The officer told me that according to the 'notes' on my case, I should expect a response within the next 26 days. The officer also added that if I don't hear anything back in the next 26 days then and only then my case would be considered outside the 'normal processing time' and would be eligible for a service request.

    When I asked the officer why my case is delayed. She said it is not a delay; the processing time depends on how much work an individual case requires.

    Is this a standard response from the USCIS?

    Pretty typical. I had the same hassle opening my first service request at the Vermont service center back in August (and it had been 6.5 months - back then the website listed 6 months as the normal processing time, until they realized it was ridiculous and changed it to a static "February 24th". She finally reluctantly opened one anyway (or at least she said she did - I never did receive an answer to that one).

    I wouldn't really worry about your individual case requiring "extra work" and that being the reason for the delay. While it's obvious that certain cases can take longer than others, it appears that 99% of the time there is no rhyme or reason behind why someone is approved before someone else. As I mentioned in other forums, my case should be straightforward by all accounts, and yet here I am over 9 months later still waiting. I have a friend who applied a month AFTER I did, with a divorce waiver, while pregnant with the child of someone other than the initial petitioner..and she was approved back in September. Not much logic behind that, other than the fact that maybe she actually got an officer that does some work.

  2. I suppose the Vermont Service Center is putting all their energy towards the types of petitions you're talking about in this thread, because when it comes to I-751 petitions, they are certainly doing everything but "speeding up" (9.5 months and counting).

  3. I'm in the same situation of applying for N400 with I-751 pending(though I applied with Vermont so maybe a bit less surprising). But yes, you have to go by the three year anniversary of the date on your green card, and subtract 90 days to get your first available filing date (NOT three months, that isn't exactly the same thing, and you end up risking filing just a few days too early).

    The USCIS actually has an early filing calculator on the website which lets you see exactly when you can first file the N-400: http://www.uscis.gov/dateCalculator.html

  4. Hello everyone,

    As you may have read in some other posts of mine, I've decided to go ahead and apply for the N-400 under the "3 year rule". My question is about the parts of the form requesting information about the places you've lived in the last 5 years, the time you've spent outside the US and amount of trips in the last 5 years, where you've worked the last 5 years, etc.

    Since I'm applying under the 3 year rule, it seems pointless/misleading to mention the time I've spent outside the US before I actually got the residence permit (since that would obviously add up to over 700 days - even though I've spent only 10 days outside the US since I got my residence permit). When it comes to where I've lived in the last 5 years and where I've worked in the last 5 years, I guess that makes more sense to specify, but I'm still unsure if that's relevant in my case, or if they would even want that information (in other words, if it's just a matter of the form stating 5 when they really mean 3 for filers applying under the three year rule).

    I've read about multiple approaches people have when dealing with this:

    1. Some people cross out "five" and write "three" on the actual form. In a way, this seems like the clearest method of specifying exactly what you're referring to. On the other hand, I'd always be wary to tamper with the USCIS form in any way (and get some kind of denial based on "corrupting the form" or similar - who knows with the USCIS).

    2. Some people leave the form as it is, but fill it out as if it asked for three rather than five years. Of course, then you won't actually be answering the questions according to how they are written, but again, it makes more sense than giving your history for five years.

    3. Some people actually answer the question as written and give their full history for five years. While this seems to be the most "safe" way of doing it, I would still be afraid to rely on the USCIS to substract the first two years (e.g. in the listing for "days spent outside the US" and having to make their own calculation of the remainder.

    I would like to know ideas on how to best deal with this issue. Also, has anyone already filed under the three year rule and gotten approved, and if so, what approach did you use? In addition, if you did specify information only for three years, it would be great to know if you did so consistently for every question concerning "five years" or just when answering certain ones (specifically the ones about trips outside the US and days spent outside the US).

    Thanks!

  5. We wish you Good Luck and hope you will receive word very soon.

    Warm Regards,

    Samby

    Thank you kindly for your good luck wishes. I wish you the very best as well. Hopefully we'll all have a reason to celebrate soon. :)

    Hello,

    You are not alone...I'm a January filer then did a bio in Feb. In Jun we've got RFE then response in Jul. Since then I hear nothing back from them. I don't call for service request, but I'll file N400 because i'm eligible since yesterday. I heard that you can do this even your ROC is still pending. Hopefully by doing this could force USCIS to process the 10 yr green card and move forward...good luck.

    Thank you so much grizzly for letting me know. Seems we're both in exactly the same boat (I'm already eligible for citizenship despite being a February filer because I was actually eligible to file for ROC all the way back in November 2010, but had to file at the last minute since I was hospitalized for several months at the end of 2010 and couldn't get things done faster (little did I know it would be such a long wait!). Keeping my fingers crossed for you and everyone else in our shoes. :)

  6. That's correct. N-400 is the easiest form when comes to evidence. Just a few copies (GC, spouse's passport. marriage cert and taxes from IRS for 208, 209, 2010) That/s about it (unless one of you were married before - than a couple more pieces of paper)

    Thanks so much for the help. Well, to heck with it I guess. I'll just go ahead and apply for citizenship before the I-751 is even decided (presumably giving them a copy of my expired green card as well as the one year extension notice). I'll let you know when I get the application the mail.

  7. If you are eligible for Citizenship DO apply for it as soon as you can.

    From many other posts it is clear that N-400 will force USCIS to finalize I-751.

    I am too lazy to do a search for links, but it is a fact.

    Maybe you're right Maad. I just have this horror scenario where somehow the I-751 and the N-400 will both snowball into some giant slow complicated mess that they never get around to straightening out, where one application holds the other up. But maybe it's true that they actually will be forced to adjudicate it if I go ahead and apply for citizenship. I just heard stories (which may or may not be accurate) about someone having an interview for the N-400 and being told that they would have to deny/postpone it because the I-751 was still being decided, which goes against the theory of the I-751 speeding up the N-400.

    On the other hand, I heard other stories claim they move the I-751 file all the way to the location handling the N-400 case, and that the I-751 is irrelevant after that other than being handled as part of the N-400 at the same interview. Hard to know what's true and what's not, and maybe cases just differ. I'll probably break down and just file for citizenship sooner rather than later, if no progress is made on the I-751 very soon, if nothing else to get the USCIS to communicate with me in some way (that alone would feel like an improvement).

    Am I correct that to apply for citizenship you don't need to send random bona fide evidence etc, and you're fine with just the tax returns and the other specific mandatory documents? If so, I could put this together pretty fast.

  8. thank you.is it somthing i will get in the mail or email?

    I haven't actually applied for citizenship yet, but if it works like any of the other applications, it should be some mailed paper receipt telling you they received your case etc etc (I-797C). Other than that, I think you can submit another form (G-1145) in other to receive an electronic notification that your application has been received. To my knowledge, this form has to be submitted at the same time as the rest of the application, but I may be wrong about that. I haven't looked so much into the N-400 process since my hands have been full trying to even get the I-751 decided at the Verslow Center.

  9. I wish us all the very best of luck here, and do encourage us to realise that we came from widely different backgrounds. While we will never always agree with one another, the least we can do is treat one another with respect.

    Very well said. The immigration process is difficult enough without us giving each other a hard time (especially since we're mostly in the same boat). In addition, most of us reach a breaking point where being patient and optimistic is just no longer possible (did my nickname give that away? haha). I did fairly well with the whole "just wait happily and accept that VSC is slow" attitude for a long time. I didn't even join any internet forums until very recently. I didn't start any "trouble" and didn't even contact the USCIS in any way until 7 months had passed (and again after reaching 9).

    But having waited since February 4th when I personally know some California filers who applied in September (over 7 months after I did!) and already got approved makes it hard to stay optimistic. So I'm sorry to break it to all of you - even the 24th of February is a load of crock, at least when it comes to certain cases.

    I think a lot of self-ascribed optimists on here will find it noticeably harder to stay optimistic when their own case reaches a certain a certain breaking point (though let's all hope you get approved before you reach 9 months like I've already done - and no, my case doesn't have any special red flags or anything of the sort, it should be as straightforward as can be - still happily married to my husband, financial co-mingling, low immigration home country etc etc).

    I'm digressing (and I'm not even an April filer so I should probably shut up soon) but basically I'm saying the possibility to vent (like DarkLuck did) can be a very healthy function of this forum, and I truly empathize with such "whining" rather than get bothered by it. I'm well beyond the "thinking happy thoughts" stage.

    In other news, I've already contacted a congressperson and a state senator, and if that gives no result, I'll contact some of my attorney colleagues in the area of immigration (I'm a lawyer but unfortunately not at all an immigration expert) and see if that gives VSC some kind of kick in the butt. My patience ran out yesterday.

  10. it is not the backgroung check, it is the service center. i do not understand this why are they too slow in processing I-751. i am talking about Vermont Service Center.

    Yeah I heard from more people that Vermont is really slow. I'm actually eligible to apply for citizenship already, and I know you can do that even while the I-751 is pending and that it supposedly forces adjudication of both. I just don't know if it's such a good idea to start one process before the other one is finished - just afraid it will jumble things up somehow and delay both.

  11. I just wanted to check in to see what is going on. It seems like VSC is not processing anything.

    may be early February for us.

    For what it's worth, I applied February 4th to Vermont and I am still waiting. Don't mean to drag anyone down however, since it seems there is no logic when it comes to the order in which cases are processed (there are already some April filers approved at Vermont). It seems some filing periods are just "lost in time" (end up in a bad batch with a lazy/sick officer?) while others both before and after are approved - seems early February is one of them. It's pretty ridiculous but I guess all we can do is wait.

  12. Thanks everyone for your answers. I checked the February filers thread, but it's hard to know how many people there just didn't go back to tell everyone they got approved and how many are actually waiting.

    Worrying to hear that maybe "something isn't clear to them". I'm a lawyer from Sweden who's been employed and paying taxes since I got a work permit, never been married before, etc, so I thought my background was pretty spotless (and my name isn't very strange and/or likely to be held up in a background check. No idea, I guess, what's taking so long.

  13. Hi everyone,

    I filed for ROC back in early February (the 4th) to the Vermont center. I completed biometrics early March. Ever since then I've heard nothing from the USCIS. I put in two service requests (in August and November) which both told me that the case is under review and to "wait 60 days" (which obviously did not help the first time they said it, as it's been over 90 days since my SR answer in August).

    My case is very normal, no waiver we're both living together, sent in plenty of evidence, including a house title, insurances, bank accounts, credit cards, photos, affidavits, etc etc

    Anyone else in the same situation? If so, please let me know that I'm not alone! ;)

    It seems some people here are freaking out due to there not being any movement on their case, even when they applied as late as May, which makes me think I should be one step from jumping off a bridge by now.

    Thanks

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