SeabagsFull

My wife was naturalized on 12-23-2014, total process time being over 11 months from filing.

A Vietnamese there submitted her application about the same time as my wife, another Vietnamese about 2 weeks before that, & a Chinese about a year ago. Westerners whom I talked with (i.e., 2 Canadians & a Briton), however had about half the wait time. So I'm going to go out on a limb here & say that perhaps there's a quota system based on country, & that applicants are throttled through in a manner that's in keeping with those quotas.

Anyway, it's done. We're through. And good luck to those still in queue.

-since you are not interviewed yet you can't sue USCIS under section 1447(b)

This section of the law allow the applicant to sue uscis if the failed to make a decision after 120 days of the first interview.

- USCIS can't deny your wife just because you guys went to the court.

your wife case took that long for one of 2 reasons

1-You didn't do the biometric and the case is closed.

2- They forget about your case or misplaced it

3- Your wife still in background check [ FBI delay]

In both cases you need to push your case, if you didn't do so nobody will do and uscis doesn't care.

- what the best solution to do right now.

1- Go for inforpass and see what's holding your case.[ if you get a word that they will work on your case that's good]

if you didn't hear back or they told it's stuck in background check

2- open a case with the DHS ombudsman [http://www.dhs.gov/topic/cis-ombudsman]

3- Seek your congressman help

if nothing worked within 2 months of doing all these things.

4- check with an immigration lawyer if you can go for "writ of mandamus", basically you petition the federal court to force uscis to make a decision. This is different than section 1447b which will give jurisdiction to the court over your case.

Keep records of all your requests, calls, queries etc

Good luck [ sorry I noticed your second post after I wrote this ]

Thanks, DC85; some good solid information there.

So since we're scheduled for a biometrics appointment, does that mean things are back on track? Any reason to "push" for the next couple of months or so?

My wife recently received her biometrics appointment, so we are relieved that the process may be finally moving along. I believe that the reason(s) for our long wait are legitimate, though I would have expected more cooperation between Homeland Security (the folks with whom I initiated my wife's permanent residence status via DCF) -- who investigated & determined our relationship was on the up & up -- & USCIS. In fact, virtually any flag that could've been raised in our application has a resolution logged by another agency (e.g., Treasury Department, IRS, Department of Defense, etc.). Interagency cooperation is simply an electronic database exercise.

That said, my answers below are theoretical so as to answer the posters' questions.

Did you receive NOA1? Has your wife done her biometrics? If no, go for an Infopass, your mail might have gotten lost.

Yes, we received an original NOA1 as can be inferred in the OP (i.e., her application # is listed on the USCIS web site).

After a second call to USCIS, we received a biometrics appointment.

Thought about Infopass, but we did not seem to fall into an authorized category. Maybe I misread the process, but it's OBE now that we have an appointment.

I suppose that my wife's application could have been misdirected from the drop-box to somewhere besides Seattle, which would explain the long wait; however, I would assume that whoever updates USCIS' web site also scans the application & documentation into the computer.

I think InfoPass is the best thing an applicant can do!

If you are a permanent resident, if you can travel and work WHY would you be even think on getting court involved ?

USCIS has other priorites and unfortunately, processing N400 is not one of them!

You might be right about the InfoPass, though I believe that I read we didn't have a legitimate reason to request an appointment. I'll recheck that if the need arises again.

Why consider court action? Definitely not my first choice, but the federal law exists for a reason. There are bona fide reasons to reject an applicant, but personal morality issues that fall outside the agency's mandate are not supposed to influence an agent's decision (i.e., can you imagine a Muslim processing an application for a Christian? If personal subjectiveness were allowed, the application could be rejected).

Carrying this thought a bit further, consider that most Republicans seem to be against immigration. A Tea-Party agent who gets an application from a Pakistani or young Asian who's married to an older American may not be able to find anything wrong with the application, & in most cases would move the process along; but then there's that rare individual -- like a Ted Cruz wanna be -- who may decide to sit on the application forever. I'm not saying that's what happened with my wife, but when we see applicants who filed several months after my wife receive their citizenship, then we can't help but wonder what's up. A federal court -- if requested to after a timely manner, usually 6-7 months -- will order USCIS to render a decision, thus ensuring fair treatment to an applicant.

Your third sentence sounds like a troll post. If processing N400 applications is not a priority of USCIS, then what is?

My wife filed in January; still nothing.

Web site says "Initial Review." Tried an e-inquiry; they said still under review & gave no reason for the delay.

What's frustrating is that others who filed after my wife have already been processed.

My wife, a Thai national, immigrated to the U.S. on an I-130 nearly 4 years ago. I did a DCF to get her here, a process that was speedy & error-free. In January 2014, she applied approximately 2 months early for citizenship; you're allowed to file up to 90 days before the 3-year mark.

It is now 9 months later & still no word. USCIS web site lists her N-400 application as being under review. Normal queue wait time for Seattle is about 6 months. The site shows that the last completed applicant submitted his/her package in late February, a full month after my wife filed. Last month we sent an inquiry to Seattle; they responded only that her application was under review & gave no reason for the delay.

We are legitimate in every way; if there is a red flag it's probably my wife's transferring some money to my U.S. bank account (we sold our house in Thailand, & the only way we could transfer the money to the States was by her doing it in her name), & yes, I reported our bank account info to the U.S. Treasury Dept. Does the long wait indicate that an immigration officer has a concern about something? Is there any way that I could mail in a personal letter of support, perhaps to address any possible issues I believe they could be balking on?

I read somewhere online that a federal law mandates USCIS process applications in a timely manner, & that I could ask a court to order them to render a decision. But ... does USCIS have to have a legitimate reason to deny an applicant citizenship or can they do so arbitrarily (i.e., a court order might make them angry)?

Any thoughts? Anything I can do?

I changed the form just like I said - lining out "five" and writing above it "three" and there was NO problems with doing so. Plus during the interview they check all the informations from the N-400 form asking especially about the trips, so I don't think they would "ignore" it.

Anyway, my interview went well - 6 easy questions. The IO didn't want any documents, except for Green Card and my driver's license. Didn't ask for my passport. The whole interview lasted 16 minutes.

Congratulations, Beata1501!

No, I didn't include 90 days in my "out of country" days, even though I applied 90 days earlier. Only traveling from the day your wife got her Green Card to the moment of filing the form counts. So for her it will be 0 days.

Thanks, Beata 1501. And congratulations to you on your pending approval.

I filled out the form on the computer, and after printing out I simply used my hand writing to write "three" above lined out "five" - didn't use a typewriter.

I used a cover sheet to write down what documents and evidence I attached along with my N-400 form, so everything "looked" more organized. I didn't write any "reasons" why I want to become a citizen and I don't think it would do much anyway. I think for them it only matters whether someone is eligible or not. If your wife wants to add her reasons, she could do so.

After you send the N-400 form with the documents they want, they will send you a notice for Biometrics appointment, and after you're done with that, you will receive another letter with the interview appointment and the Checklist (of what you'll need to bring to the interview). Passport will be on that list. And drivers license will also be needed (I received a yellow letter telling me to bring my drivers license or state ID).

Fantastic; thanks Beata1501.

Btw, did you include the number of days you filed in advance (i.e., 90?) in your answer for days out of the country? My wife has never left since arrival & plans to file 90 days early, so should she write "90" days?

Thanks to you both for answering.

Am filling out the form by computer & don't have a typewriter; I suppose I could simply line out "five" & hand-write "three." What I have done is explain the answer on an already needed continuation sheet.

Btw, I've read that a cover sheet that includes the applicant's reasons for wanting to be a citizen helps. Nowhere in the instructions does it mention this. Any thoughts?

Also, the instructions don't mention bringing passport or drivers license to the interview, but other threads have suggested doing so. Good idea?

Thanks.

Part 7.A. "How many total days did you spend outside of the United States during the past five years?"

Since my wife is married to me, a U.S. citizen, she only needs be here for three years. So should she put "730" (i.e., two years x 365 days)?

Also, since she'll be mailing the form by the allowable 90 days in advance, should she add 90 days to the 730 & write "820" days?

Thanks to any members who can help.