AussieDude

Don't worry too much about the expired green card. Unless your husband plans to travel internationally, you'll be fine.

I just got back from my much needed vacation after finishing my finals. I can't wait for Monday to call the USCIS hotline to hopefully find out what is going on with my case. I haven't heard a thing since July 2007. Not even a touch...

Hey Stefanie, when you do call the hotline, you should ask to be bumped up to a 2nd level support person (which they might do anyway). The 1st level support follows a very basic script and can't do much more than very very basic support.

The list is quite reasonable. A few more photos won't hurt. Also, try to make sure you've covered all of the last two years (ie all tax returns together not just most recent, utility bills from every couple of months since you've been here etc etc)

The forms may look similar but the I-90 is an entirely different kettle of fish (in terms of the process you have to go through).

I suggest you send in the I-751 along with all evidence and the full correct fee. Try to get your $370 seperately. With the amount of delays, and the length of time the 751 process takes (somewhere between 4-9 months or longer depending on where you are), you want to get started asap. Its a hassle, but trust me, you don't want to wait on USCIS any longer than necessary.

They sent you an NOA1 and a biometrics appointment despite the fact that you haven't actually paid for the petition yet? That's a bloody mess!

Anyhow, don't worry too much, you still have time. First of all, prepare a check for the correct amount and make sure you have enough money to cover it. I wouldn't rely on USCIS to have kept everything, so send everything in again (hope you know what you sent the first time and you at least can re-produce it even if you don't have a second copy of everything).

I'm still a little confused though. It sounds like they said for you to send in the correct fee. They haven't actually denied your removal of conditions, they're just not accepting the application due to incorrect fee. However, they've already sent you an NOA1 and set up a biometrics appointment? Strange.

Personally, I'd be happier with a little more information on the steps a 751 process goes through, eg, something of the form:

1. Payment and form received

2. Background/Name check started and received ok

3. Biometrics received and passed

4. Evidence being assessed and being ok (and make evidence an actual list of items that everyone can get rather than some vague statement)

5. Final adjudication

It would be nice to see 'now serving #x'

I know we currently have the case status system, and processing dates for each center, but a little more detail would go a long way to assuaging everyone's anxieties.

I also realise that giving a set list of items for evidence might make it easier for fraud, so my system isn't perfect either.

The other reason USCIS may not want too much information given out is that they'll have people harranguing them on every step about why its not done yet.

I also like AJs idea, your conditions removed in 9 months guaranteed or your money back

Conditional removal isn't a hurdle to citizenship, and in fact applying for naturalization forces it to be adjudicated at the same time if it hasn't already happened.

My understanding about N-400 and I-751... N-400 will not be adjudicated without approved I-751. The timeframe for I-751 most probably will be the same but some time savings could happen with N-400 when adjudicated at the same time. So, I would say some people could speed up a process for a few months. But I doubt that it would happen now-CIS most probably will process I-751 for about 10 mo max and probably more likely like 6-9 mo in a near future (VSC used to be 6-9 mo; very slow TSC and NSC are not processing I-751s anylonger). I just hope that N-400 will be 4-6mo like before.

I must admit, I don't know terribly much about the N-400 process. I did possibly choose the wrong set of words. The 751 is actually a hurdle, but inaction on the 751 does not prevent a resident from applying for naturalization once they are eligible. (ie if you've been 3 years as the spouse of a USC, you can apply, regardless of where the 751 is).

So those wanting the benefits of a USC (such as sponsoring family members), won't really have to wait an extra period of time. (Unless doing the joint 751/N400 application is much longer than an N400 by itself)

so you are giving up...great

what happened if you want to bring a family member? we need to do something and it's strat with writing a letter.

not all of us are young people and "time is of the assent"

Giving up, no, in fact I encourage you to go ahead with the letter process. Its just that I don't think it'll have much effect. USCIS is bound by the amount of resources it has. If they shift their attention to I751s, somebody else is going to suffer.

The problem is the design of the immigration system. For example, I'm surprised that for years (and I think its still the case now), the green card lottery, a completely random system, was the only generalized intake method. Only recently, with the influx of illegal immigrants, has there been a realization that an overhaul is needed. If we really want to do something, it should be encouraging the ground up re-design of immigration, not just minor adjustments.

As for family members, I'm under the impression that unless you're a citizen, you can't do so (unless its a spouse?). And regardless of the conditional removal, you can apply for citizenship within 3 years of being a resident (assuming you're still married to the same person). Conditional removal isn't a hurdle to citizenship, and in fact applying for naturalization forces it to be adjudicated at the same time if it hasn't already happened.

This delay in processing and ignoring our cases is causing us undue hardship.

Hardship? No, it's not.

It's just irritating that we paid for a service that is not being rendered. If they don't adjudicate the I-751 before it's time to file the N-400, I'd like my money back.

It is clearly known that there is no need for FBI name check for processing I-751 petitions.

Link?

Also, now that there is a new memo stating that if FBI name check has been pending over 180 days.it makes us feel as if we are criminals, terrorist

I don't think my wife would agree. USCIS delays don't impact how she feels about herself.

I'm not saying that everyone might get concerned about how the background check makes them feel, but some people eg those from the Middle East, might be freaking out if they're caught in the name check process which seems to be next to impossible to clear up. Are people still doing the writ of mandamus thing on the FBI check?

I'm not sure that I agree that its unnecessary to have the background check. What would be more concerning (and USCIS has acknowledged this) is that if someone really is the person they matched up to on the list and it takes 3 months or more to actually verify it, this particular person is running around all that time.

I don't think there is undue hardship because of the process. I can understand if there is some anxiety if some people's relationships are a little rocky, and they're worried about the consequences of what might happen if the marriage breaks up before their conditions are removed. However, I'm guessing those only form a small number of us, and at this point they've been married 2 years or more, have already sent in plenty of evidence, and more than likely will be able to switch to a self-petition fairly easily.

I do feel the anxiety of being in a waiting situation, but with USCIS we're in the one of biggest, worst designed bureaucracies in the world, so unfortunately it is what is.

Mrs.J06,

I noticed from your timeline on the CSC list that your biometrics appointment hasn't happened yet, or just happened recently. Most people's status update showed up as invalid until after their biometrics.

Me, on the other hand, I did my biometrics 2 weeks ago and still nada. I'm thinking of calling the 800 line in a couple of days if nothing shows up. If this means that they're actually spending time on the application rather than updating a simple case status thingy, I'm not too concerned, I'd rather they spent time on applications. I'm also in LA so they might be a bit too busy here to update the online system.

My only concern is that after biometrics they usually update the system with the first message CR-189 received (meaning fingerprints done and received), so hopefully my fingerprints weren't 'lost' or my background check or something hasn't gone awry.

Any filers from around the end of June still not able to access their receipt numbers on the case status system? Its been a couple of weeks since I did my biometrics but my case receipt number still comes up as invalid. Most people usually have the CR-189 received (ie fingerprints done) by this time.

I know there's usually a lag due to updating with current information, but I'm wondering at what point I should worry about this (if at all).

Instead of using your receipt numbers, try to use your ASC applicant numbers.

That's what I meant, the receipt number on my ASC appointment notice. It shows up as invalid on the case status system.

I have the same problem. Did you already have your bio appointment?

(Sorry, too lazy to research right now)...

Yeah, I had my bio appointment just under two weeks ago in LA.

Actually, I was reading up on the 4th amendment last night, and unless a policeman has probable cause, you can technically walk away without answering any questions or showing anything if you are not being detained.

Now, I don't think I'd want to be the person to try out this in theory, but we are supposed to be able to be secure in our persons from unreasonable searches and seizures.

Any filers from around the end of June still not able to access their receipt numbers on the case status system? Its been a couple of weeks since I did my biometrics but my case receipt number still comes up as invalid. Most people usually have the CR-189 received (ie fingerprints done) by this time.

I know there's usually a lag due to updating with current information, but I'm wondering at what point I should worry about this (if at all).

Instead of using your receipt numbers, try to use your ASC applicant numbers.

That's what I meant, the receipt number on my ASC appointment notice. It shows up as invalid on the case status system.

You don't have to worry about being touched until you get your biometrics appointment.

And even then, can sometimes take a while. I did my biometrics a couple of weeks ago, my case receipt number still shows up as invalid. I'm not panicking yet seeing as it takes a while for the case status system to update (or not at all sometimes).

Any filers from around the end of June still not able to access their receipt numbers on the case status system? Its been a couple of weeks since I did my biometrics but my case receipt number still comes up as invalid. Most people usually have the CR-189 received (ie fingerprints done) by this time.

I know there's usually a lag due to updating with current information, but I'm wondering at what point I should worry about this (if at all).

I gotta say too, if I was to lose the green card and apply for a replacement, that's going to be a lot more problematic than worrying about the enforcement of the 'must carry at all times rule'.

Its very difficult to enforce anyhow. If a USC has no requirements to carry any sort of ID, how will they be able to tell a USC with no ID on them from a PR with no ID. Unless its required for everyone to carry some sort of ID, I doubt they will enforce this rule very strictly.

You make some valid points, but you forget such things as racial profiling when it comes to being asked about citizenship. As to how they tell the difference, they ask if you are a US Citizen. If you answer "yes", then unless they have other resonable doubt, they let you go. That right there, is what's called a felony, if you are NOT a US Citizen, and is why they ask on the N-400 form if you ever claimed to be a US Citizen.

Whether it makes sence to carry a GC or not, can be debated. Anybody who drives a vehicle is required to carry a drivers license, so there's not much difference, in that regard. As to what the law requires, is NOT debatable. So it boils down to this... "do you feel lucky? Well do ya?"

I understand. I guess I'm lucky in that I don't live close to a border where it might be more important.

Replacing a driver's license is much easier than replacing a green card though.

If I remember correctly, it used to be that travelers in the US (ie tourists) didn't have to carry their passports with them. I wonder if that is different now.

I gotta say too, if I was to lose the green card and apply for a replacement, that's going to be a lot more problematic than worrying about the enforcement of the 'must carry at all times rule'.

Its very difficult to enforce anyhow. If a USC has no requirements to carry any sort of ID, how will they be able to tell a USC with no ID on them from a PR with no ID. Unless its required for everyone to carry some sort of ID, I doubt they will enforce this rule very strictly.

could you please add me to the list?

Germangel:

sent to TSC: 5/2/08

Biometrics 5/27/08

5/21/08 NOA 1 from VSC

However, I cannot check my status online. It always says that my receipt number is not on file. Is that pretty common with this type of application? I know I had some probs with that stuff with my I-130 originally.

Thanks!

Angel

Make sure you check your status with the receipt number on the biometrics appointment letter (and not the one on your NOA1). And some have noted that their receipt number didn't become active until after their biometrics appointment.

As a side note, I had my biometrics a couple of weeks ago, and my receipt number still shows up as not in the system, so it could be that its no big deal. Apparently they have to update the system with new information, and sometimes it can take some time.

Not true. I have had biometrics done at my district office. It's not always at an ASC.

Oops, my bad, I just assumed they farmed it out. Anyhow, I don't think it matters much for the OP.

OP, act as soon as you can on it, but don't let that worry you too much, a number of people have been in your situation without too much hassle. I think you've got other things to worry about right now. I hope your husband gets well quick.

Im afraid I cannot do it this week. My husband is still not in good condition. I might just let our petition denied and refile a new one. USCIS in Portland Oregon is like 4 hours drive from my place. Are they going to send back the I-751 package if my application is denied?

Do you mean the address of the location they gave you for the biometrics appointment or the actual USCIS office. Biometrics are not done at actual USCIS offices, they are done at Application Support Centers (ASC).

Either way, I think even if you go next week you should be fine. USCIS is fairly slow with applications, so a week's delay on your part shouldn't be too bad. Go as soon as you can. They won't act on your no show this quickly.

Give them a call as well, though I'm not sure they'll provide you with too much helpful information.

Good luck.

From what I've read, Wednesday's are walk in days for those in situations like yourself. Go in on Wednesday, and take along any record for your reasons.

It probably won't hurt to try on Monday either. I believe the biometrics stuff is done by 3rd party contractors, so the date that you are given doesn't really matter, they're set up so that the ASCs are processing a certain number of people per day. They then send the results to USCIS. At least thats how I think they work.

Don't worry too much, you aren't the first person to experience something like this, there's always going to be situations like this.

It is clearly known that there is no need for FBI name check for processing I-751 petitions.

Where did you hear that?

I do hope that they speed things up for those of you at VSC. However, this being an election year, they are probably going to prioritise naturalization applications (in fact they recently announced that they are creating extra interview slots on weekends.

Actually what should be done is that regardless of a divorce, the US citizen should appear at the interview (in the case of one)

This is kinda how I feel. If the US petitioner shows up, regardless of how the marriage ended up, should count for a lot. The original purpose of the conditional residency law was to prevent the alien from tricking the USC for immigration benefits. If the USC is happy to show up and say everything was kosher, move on, otherwise increase the burden of proof.

Ok, so the giant gaping hole in my logic is that some USCs will start a scheme to take advantage of this, or if the marriage really turns sour, they could (figuratively) burn the alien, but USCIS could always use their current requirements for such exceptions.

Boy! That's harder to read than the 751 instructions, they sure don't make it easy.

If I've read it correctly, if the dependent spouse does go overseas, even if its not to where the military spouse is deployed, they are eligible for expedited naturalization. However, if the dependent spouse remains in the US, they are not.

It's already in writing (See page 20 - 21 of the Naturalization Guide)

If you are at least 18 years old and:

Are the spouse of a U.S. citizen who is one of the following:

• A member of the U.S. Armed Forces;

• An employee or an individual under contract to the U.S.

Government;

• An employee of an American institution of research

recognized by the Attorney General;

• An employee of an American-owned firm or corporation

engaged in the development of foreign trade and commerce

for the United States;

• An employee of a public international organization of which

the United States is a member by law or treaty; or

• A person who performs ministerial or priestly functions for a

religious denomination or an interdenominational

organization with a valid presence in the United States

and You will be proceeding to join your spouse whose work

abroad under orders of the qualifying employer will

continue for at least 1 year after the date you will be

naturalized. Form N-400 should be filed prior to departing.

No Minimum time as a permanent resident

Continuous presence is N/A

Physical Presence is not required

Time in the district or state is not required

I believe the OP is staying in the US, not joining her husband.

Anyhow, my confusion is about the fact that she will be skipping the removal of conditions, not the fact that naturalization will be filed early.