afrocraft

14 minutes ago, spring333 said:

I see your point but this is life and life doesn't go by certain written script. We were together 5 years, life happened, we decided to go different ways.

However,  we both are adults and mature and we stayed in touch. When I sent my RFE my ex wrote a letter to immigration saying that although we are not together anymore she cares about me and supports my application. She notarized it and i included that letter in my package. 

 

But yes, 6 months since interview passed. And im still waiting. And I cant submit online inquiry since its in normal processing time. 

Good stuff with the ex. You're wrong about the processing time, though.

It's a common misconception, but once you've been interviewed for the N-400, another statutory (not merely administrative) clock starts: USCIS now has 120 days to issue a decision. The RFE stops the clock temporarily until you respond. They can blow past the 120 days, of course, but the leverage now shifts to you. See: https://www.uscis.gov/policy-manual/volume-12-part-b-chapter-4

Use that leverage, but do so subtly; talk softly and carry a big stick. Write the agency and hint at the 120 days, and contact your Congressional rep, mentioning that the 120 days have passed (but don't overtly threaten any lawsuit). That's what I did to get movement on my N-400. And in my case, we were still at Day 90!

21 minutes ago, spring333 said:

Yes, I got my GC in 2013 then ROC was on 2015. so I got my permanent gc in 2015

We got divorced in 2017, I applied in 20018. So basically they are asking me for proof or my marraige for the period after i got my gc. Which is weird. But I did have all they asked and I submitted. 

You can see why they are a little suspicious. But that doesn't give them grounds for such a lengthy delay. I would 1) write your Field Office a letter, sent via certified mail, asking for a decision since the 120 days allowed by law after interview is long gone, and 2) contact your Congressional rep for case assistance. Do both, as it puts you in firmer legal ground.

2 hours ago, spring333 said:

Asked for proof of my marriage for 2016 only. Mind you ,  I got my second green card in 2015. So not sure 

You mean they're asking for proof that you were in a marital union in 2016 -- after your removal of conditions was approved? Has there been a change in your marital status since ROC?

5 hours ago, payxibka said:

Cover letter is typically nothing more than a table of contents of what is contained in the filing.   Optional. 

Yeah. I kept the cover letter bland as above but included a more detailed account of our relationship as part of the evidence of bona fide marriage.

If you can file a joint petition (i.e., your wife signs the petition as well) and, as it appears, can provide documentation of the four main areas of bona fide marriage (cohabitation, financial co-mingling, shared experiences and planning for the future), why does USCIS need to know about your marital challenges?

You should only tell the government enough to get the benefit you're applying for, but not a single word more. Your goal is to show you have a bona fide marriage, not a blissful one.

On 9/18/2019 at 1:36 PM, spring333 said:

applied in Sept 2018 under 5 yr rule

Interview March 2019

RFE April 2019

No response yet.

 

Any idea what issue could be?

What was the RFE about?

14 hours ago, JarodUS said:

...This week i started filling my N-400 online form for me and my family...my question is on the additional evidence do i have to add any other documents like passport copy, a photo, driver’s license,.....

Not really, but it's your burden to show you are eligible for citizenship. Go through the eligibility criteria, and decide if/where your case is weak. Then determine what evidence, if any, you need. You can also bring them with you at interview, but I prefer to "front-load" my evidence.

4 hours ago, Land of L said:

• Hi, I've oath this week and want to apply Passport next day or same day - what are the required documents? any extra docs need for person got citizenship by marriage 

Look here: https://travel.state.gov/content/travel/en/passports/requirements.html

3 hours ago, peetee91 said:

Hello Guys, 

 

Just received a letter stating that my interview is scheduled for November 2nd at 7:30am. Its a Saturday, do they do Oath ceremonies on Saturdays? Also  I hope its a combo interview. 

Do you guys think I should call USCIS and asked them if It will be a combo interview? 

Don't know anything about NJ but I'd be surprised if they opened on a Saturday. Call and confirm that date.

53 minutes ago, redstripe54 said:

Hi afrocraft, thanks for your comment, regarding what you say about USCIS, only cares about someones immigration status, so if my extension letter is about to expire, who is the onus on me or them as to what happens next? 

 

 

On you. They don't care. You can go get a green card stamp on your passport. In addition, I would use that opportunity to press for action on the I-751 by contacting my Congressional rep for case assistance, and playing up the harm the delay is causing me. 

32 minutes ago, redstripe54 said:

Thanks for your input, I agree with most of it but not that you can live a normal life whilst the ROC decision lingers on, for example my employers are already asking questions about my extension letter expiring, and if you have been following this particular thread like I have from day one, there are countless examples of people whose lives are affected by delays like not being able to renew their driving licences because of expired Green cards and the DMV not understating the rules with extension letters, so it does impact people lives a lot. There are plenty of examples on the 2570 pages of this thread. 

I feel you. I, too, went through ROC, and I know it's not a "normal" life. But USCIS only cares about your immigration status, and those other inconveniences don't concern them as much. Perhaps that's how I should've worded it. Thanks for the comment.

6 hours ago, Kallon said:

Pass my n400 interview but decision cannot be made due to pending i751 a month ago, no update online and nothing from uscis. 

Not much you can do besides seeking periodic updates and waiting. By law, USCIS has 120 days from your interview to make a decision. Here's how I'd proceed:

Day 30: Send a message via the online system asking for a case update on your N-400. Mention the pending I-751

Day 60: Send the same message online, with updated timelines.

Day 90: Send same message online, contact your congressional rep for case assistance, and send a letter to your Field Office via certified mail. A letter template is linked below (click the arrow to go directly to the post).

Day 120: Contact the CIS Ombudsman for assistance, and consider initiating a Petition for a Hearing on Naturalization lawsuit in your US district court (hopefully it doesn't get to this).

2 hours ago, redstripe54 said:

You're right, the RFE caused the delay and I took my time replying with a massive 5" high stack of evidence.

I just don't understand why it then takes over 4 months to adjudicate once they received that extra evidence  in early May. 

People need to understand: ROC is a low-priority petition for an agency that is swamped with more urgent (e.g., asylum, employment-based) or more visible (e.g., asylum, citizenship) applications. They know you can live a normal life for years without a decision on your petition. Once there is even a question about your case, expect a lengthy delay.

Or force USCIS' hands by filing the N-400, if your ultimate goal is citizenship.

1 minute ago, saladboye said:

Few reasons:

1. Upgrading Family Preference petitions to Immediate Relatives (I know the cert should suffice, but it helps to give more)
2. Have an international travel in few weeks but the DHS needs appointment to update the GE with new passport (rare but happens)
3. Most importantly: the NAT cert is a $600 replacement and delicate, a passport is 1/3rd the cost and not delicate and also easy to carry around.

Still, on all counts: Can't deal with 2-3-week wait?

1 hour ago, Bella8 said:

GC holder since summer 2014 ( marriage based) I returned with a reentry permit December 30th 2016 and haven’t left since. 

Can I file December  30th 2019 minus 90 days (October 1st 2019) or do I have to wait 3 full years? 

Yes, 90 days prior to 3 full years of continuous residency (though wait a few days after the 90th day). But you must meet all the other eligibility criteria (3 years living in marital union, 3 months residency in your state, etc.) by your application date.

18 minutes ago, mhreza said:

Is a refundable ticket can be used to get the passport in one day at a passport agency  ?

the ticket can be cancelled later . 

any negative consequences. 

 

This is weird. Why are you making up travel you don't intend to undertake? Most US passports are processed in 2-3 weeks.

7 minutes ago, Sarge2155 said:

I agree whole heartedly!

Me too. K-1 is all about credibility. I would explain 1) each marriage, and why it ended, and 2) why you didn't include both marriages in the petition. You need to preempt the interview questions. Come clean, do it yourself, and do it early. 

20 minutes ago, Brideinwaiting said:

So me submitting first divorce along wth the original one from the RFE will that raise any red flags, being didn’t mentioned it in the original petition?

Here's the instruction for the K-1 petition:

Item Numbers 37. - 39. Name of Previous Spouse. Indicate whether you have been previously married. If you 
answered “Yes,” provide the full names of each previous spouse and the date that each marriage ended.

How did you respond? Did you provide both end dates?

1 minute ago, memoday said:

I think will wait until end of this month if nothing then filed N400. It’s about 19 months of waiting for i751. 

Wow. I feel your pain. Best of luck!

9 minutes ago, Cross32 said:

Sure thinking about that. Thanks 🙏🏽 

Sure thing. And don't worry about whether you don't get a combined interview. People make too much of a deal about that. It's relatively easy to manage, in my own experience. But just waiting and waiting for a decision on a low-priority petition is poor strategy, IMHO. You're in a much stronger position with a pending N-400, and we can help you navigate the administrative morass if it gets complicated down the line.

11 hours ago, Cross32 said:

I was thinking of filling for N400, but I was told to wait for the i751 approval first, the n400 may delay or may not delay. 

 

I don’t want to take any chances, I just have to be patient and wait for the i751 outcome first. 

 

May God help us in Jesus Mighty Name. Amen. God bless you us. 

Apply for the N-400, since that's your goal. I-751 is low-priority for USCIS, so if there's even an issue with your application, like your country of origin or religion triggering "extreme vetting," you could be stuck for years. And you'll also likely have the same issue with the N-400, so let the delays run concurrently.

59 minutes ago, geowrian said:

Edit: Thinking back, the first paragraph may have come off wrong. I just believe the reality is that time has shown over and over again that USCIS is not receptive to complaints, pleases, or threats when it comes to timelines. They have always moved solely at their own pace.

Just reading this edit. I don't mean to dish on you, as I've seen your other commentary, but my experience suggests otherwise. I have forced USCIS to move 3 times on my path to citizenship and relatively expeditiously:

- Correcting an intractable administrative error on my green card and reversing an initial erroneous rejection of my ROC petition (a USCIS director responded in writing);

- Accelerating adjudication of my ROC; and

- Scheduling a second N-400 interview.

I used a combination of USCIS protocols (expedite requests), letters, Congressional case assistance, and (twice) CIS Ombudsman intervention to force action.

Just now, geowrian said:

Different circumstances: N-400 interview passed (this is a big one), different service center w/ different current timelines, etc. Very weird that anybody promised a 15 day turnaround, let alone not the person who actually adjudicates it.

No. The (first) n400 interview didn't really happen. Because, in part, of the pending ROC. But no question: having a pending N400 gives you leverage.

Vermont itself made the turnaround commitment. Congressional reps have a different level of access to USCIS and other agencies. My rep forwards the email responses from USCIS (with some redaction), so I learned a lot from that.

12 minutes ago, geowrian said:

I see your point, but there really is nothing one can do. A tier 2 doesn't adjudicate the case and unless there is a basis for an expedite, there's no action top take. Contacting a congressperson for a delay when it's within the same timelines as typical filers (according solely to USCIS) is just going to get back the same result IMO.

But I guess we can agree to disagree.

 

Filing for citizenship, if eligible, is certainly one good option we both agree on, though. 👍

From my experience, you're incorrect on all counts. I applied for ROC in Jan 2018. Case was still pending by April 2019, when my N400 interview rolled by. A tier 2 officer gave me information about where my ROC was stuck. I gave that info, together with description of harm, to my rep. USCIS Vermont responded, and promised to adjudicate the ROC in 15 days. Case was approved on the 15th day.

On 9/10/2019 at 2:35 AM, pacha said:

i filed on feb of 2018 though, is that normal?

On 9/10/2019 at 2:39 AM, geowrian said:

It is a little longer than average, but not out of normal processing timelines according to USCIS:

https://egov.uscis.gov/processing-times/

Receipt date for inquiry: January 28, 2018.

 

If the above date goes past your receipt date (it updates about once a month), then you can submit a case inquiry with USCIS. 

I disagree. I think you should adopt a more "vigorous" posture. Those processing timelines are practically useless, except to give cover to USCIS' inefficiency. You've waited long enough.

@geowrian is right in suggesting that if you submit a routine case inquiry, USCIS will say the case is within normal processing time. What you need is to force USCIS' hands:

- Call and ask to speak with a tier 2 officer

- Contact your Congressional rep for case assistance. You need to argue, though, that you've suffered, or are likely to suffer, harm because of the delay. Like repeated secondary screening at ports of entry, or inability to transit through some countries.

- If you so desire, and are eligible, apply for citizenship. This is your greatest leverage, as USCIS must decide the ROC before approving your citizenship.