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xillini

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About xillini

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  • Member # 245401

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  • City
    Chicago
  • State
    Illinois

Immigration Info

  • Immigration Status
    F-1 Visa
  • Place benefits filed at
    Nebraska Service Center

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  1. TLDR: After transferring all these I 751 applications, USCIS did outperform processing applications (whether to approve or deny), but it is a drop in the bucket, so hang on tight. USCIS lately published the statistics for 3rd quarter when they started to transfer I 751 to Nebraska and Texas, but still a lot of backlog remains and no feasibility to get it done on time. For instance, they processed 33000 cases in 3rd quarter of 2018 (April, May, June), It is somewhat tiny improvement considering in 1st and 2nd quarter of 2018 as well as all quarters in 2017, they only processed 24000 cases in average, which is why the processing time is guaranteed an year if luckiest, and around 18-20 months in average. However, based on historic USCIS's data, quarterly I 751 application received is around 42000 cases in average, and therefore USCIS did not even catch up the speed that they receive, in other words. Specifically, USCIS received total of 43592 cases in 3rd quarter, and processed only 33200 cases in the same period, leaving roughly 10,000 cases are stacking up in their storage. Now some questions to bring in a reasonable way to ask to USCIS would be 1) If they transfer to Nebraska and Texas, how many IOs are reviewing I 751 in each service center (including CSC/VSC)? Based on my understanding each field service center has department and chief section, and one department leads family/employment/others type category, under which a section has a chief supervising I 751. 2) How IOs are assigned to each I 751, and what is the average time that IOs are completing to adjucate the cases with standard deviation once it is assigned? 3) Looking at the data, in 2013, USCIS processed almost 65,000 cases per each quarter, and how were they able to do? 2013 can be exceptional year to adjucate I 751, but in average, looking at the data, USCIS successfully adjucated around 40000 cases until 2017 fiscal year. Why, starting in 2017, USCIS failed to catch up I 751 adjucation? (I.e were there any specific guidance change? If so, what change? If not, Please give specific answers such as some departmental restructures that resulted in less numbers of IOs were assigned to?) These can be questions to share some concerns with your congressman and congresswomen, especially Alexandra Ocasio to name a few when they have chances to hear USCIS director and what they have to offer to explain. To evaluate whether the transfer of I 751 really accelerate the I 751 processing time, still we would need 4th quarter, but apparently, the transfer was not really effective until 3rd quarter. Hope this helps to explain why I 751 backlog got even worse. quarter 1st Quarter1 2nd Quarter1 3rd Quarter1 4th Quarter1 Fiscal Year 2015 To-Date year Forms Received2 Approved3 Denied4 Pending5 Forms Received2 Approved3 Denied4 Pending5 Forms Received2 Approved3 Denied4 Pending5 Forms Received2 Approved3 Denied4 Pending5 Forms Received2 Approved3 2018 42,913 23,385 1,340 215,780 45,745 24,017 1,213 243,300 43,592 31,649 1,608 259,207 132,250 79,068 2017 36,263 23,838 1,448 133,568 44,614 22,604 1,853 153,009 41,000 21,625 1,726 172,431 44,554 20,934 1,355 196,058 166,431 89,001 2016 35,536 32,246 1,725 122,558 37,944 30,275 2,249 127,140 35,741 39,672 2,129 120,903 35,427 32,095 1,993 121,412 144,648 134,288 2015 38,380 35,521 2,046 107,582 42,933 34,465 1,793 113,130 42,982 36,064 2,010 120,204 41,490 41,470 2,059 118,793 165,785 147,520 2014 41,807 43,876 2,638 81,444 49,602 35,878 2,719 98,413 45,140 42,223 2,263 97,779 41,810 33,006 1,892 104,883 178,359 154,983 2013 38,559 39,864 3,081 124,707 43,225 66,889 2,356 122,770 44,157 63,012 2,995 311,514 45,710 62,013 3,173 76,264 171,651 231,778
  2. If you ask their official stance on what you just described to USCIS, they will bluntly respond immigration benefit is not a right but privilege to stay in this great country and seek employment with stoned faces. All i can say is... I'm not avoiding poop because it's scary and daunting but it's just dirty. I feel you so just hang on. Hopefully when all immigration petitions are electronic like n400, it might be much easier to adjucate on first come first served. Good luck on your journey
  3. Well it is your choice to update the address or not, but if you choose not to update the address, and later whatever reason the car accident occurs, the auto insurance company may decline insurance benefit IF they find you willingly and knowingly not update the address in order to avoid the high premium. If no accident occurs, yeah, who cares? but if it occurs, then it is not easy to get the insurance benefits, and then what is the point of paying premium except it is required by laws in some states? (It is better to just donate money to non-charity, isn't it?) The choice is yours, and so is the consequences and following responsibilities. All I can say is auto insurance companies, a group of highly educated math and statistics PhD employees, are not easy to outsmart this way, who also have numerous and outflying cases that sometimes outsmart, and they constantly change the terms and condition in order to their thrive in the business market.
  4. The thing is if you don't switch to I 751 waiver option and luckily approved after you respond to RFE this time, and when later you apply to N400, and then USCIS will review the timeline for your case,by which your divorce is finalized and you are forced to mark "Divorced" and therefore you are required to provide divorce decree that clearly shows all the timeline. Then after reviewing all those information, USCIS may deny your N400 due to the fact that you did not disclose fully before I 751 is finally adjucated, and therefore charge you as a misrepresentation. So I would highly recommend to switch to I 751 waiver to avoid future denials when you respond to RFE. Additionally, that is only when it is lucky for you this time, and if it is not lucky, meaning that you would be scheduled for interview, it would be even creating more suspicision. When does RFE need to respond? I am assuming it gives you standard 90 days?
  5. First of all, dont freak out. The worst thing is they will request interview and you can go from there. But I would really recommend to write a letter explaining course of the marriage (i.e: when met at first, how the relationship evolved, where you guys visited together, and what attracted them, but why broke up in a clear timeline), including why you guys managed the finance separately. I mean it happens in today's world even though couples are married. So a good explanation is really necessary, and hiring an experienced lawyer is always good ideas when the lawyer can add legal basis to explain that it does not violate anything while you are presenting your case to reviewing IO.
  6. If she is checking-in to ICE, I am quite sure she was given discretion by ICE for deferred action for deportation, which is often given by ICE when the specific case 1) is not easy to win final deportation by immigration judge when conflicting evidence suggest that the likelihood to win the final removal order is slim, 2) when the case is beneficial for humanitarian purpose (this often means when deportation would create social controversy when the subject was primary caregiver to USC child or parents, or family) 3) when the immigrant's country of origin refuse to take the immigrants from final removal order and therefore, practically not able to enforce the order (it is violation of international laws if law enforcement of one country just leaves subjects to no-sovereignty region like empty sea or air space (like how Russians take care of Somalian pirates). This ICE's decision can be reversed if immigration judge make different decision, so first of all, OP's family need to consult with experienced attorney about the specifics of the case and it should go from there. But, it should be taken note that theoretically, it is possible, but practically speaking, having to take first hearing in immigration court takes couple of years, so once ICE learns that OP's family bring the case to immigration court, ICE will probably be interested in enforcing the final removal, meaning that physically deport her, because deferred action for deportation may be reversed by ICE itself as well unless her country of origins refuse to take it. (Many thing work in theory, but not all thing work in practice, and when it comes to immigration topics, it is hard to say even though theory clearly supports many facts...)
  7. I feel somewhat similar way. It is not what I thought as it seemingly looked like and deemed to be promised. Maybe 60-70 years ago when America was one of the major power, but not the sole great power like today's world. But it is what it is, and yet, you are given an option to choose to live in US or not, and you deserve whatever choice you will make. If you don't want to live, you have a freedom to leave US (I don't mean to be mean but just want to share the fact) Yes, you should, but technically it doesn't matter. In I 407, there is document that says other than your green card, where you can include social security card and its physical card.
  8. So my understanding is that you filed joint I 751, but USCIS just issued RFE, when you and your spouse is in divorce proceeding. I recommend to seek professional legal advice (After you do careful reviews on immigration attorney or lawyers), but generally, I would suggest that you can wait until the divorce decree is finalized and then responded RFE with changing joint I 751 to I 751 with good faith marriage waiver option. When you send RFE, it is highly recommended to send all evidences that can show the bona fide marriage, including all you mentioned in a organized structure with a letter explaining your marriage and why it fell into separation and dissolution. Of course, you must include the evidences that they specifically were looking from you. I mean, some of the out-of-box items include 1) do you guys have the joint health insurance? By any chance do you meet the same primary care physician or nurse practitioner whom you visited together to discuss health-related issues??? If that is the case, then the healthcare provider can write a testimony that you and your spouse were there to discuss the specific matter with receipt date to show they are there to discuss family matter (it would be even better if discussion topic was pregnancy, but even general discussion to health condition is a great evidence to suggest that the marriage is bona-fide). 2) Did you guys have couple therapies before separation? If so, then you can include the letter from the therapist, who can testimony the totality and circumstances of your marriage? (Of course, if I were you, I would talk to the therapist and ask a favorable opinion that will strengthen your case for approval) 3) Do you guys have wholesale club membership like amazon prime, COSTCO, or Sam's? that often give your secondary member and you can use the membership as your bona fide marriage? This can even include fitness center like YMCA. 4) If you are still in amicable term with your soon-to-be ex, you can ask the emergency contact in your spouse's workplace, which would list your name as emergency contact list. Likewise, you can include your workplace emergency contact list specifically pointing your soon-to-be ex, if it is present. 5) Pet, if you have any, can be included to suggest bona-fide marriage, you guys take care of pets together. I know there are so many ifs.... but everything is ifs if you pay attention to what we are dealing in a daily life. Hope this helps.
  9. To answer your question, I 751 filed without USC does not necessarily mean the immigrant must be called into interview. It depends on totality of marriage and burden of proof that immigrants have suggested to USCIS albeit it, in general, increases the chance for close scrutiny and therefore interviews as well. (Like everything else in U.S., everything depends, and there is no absolute guarantee in U.S.). So I guess it is sticky circumstance but let me understand a few more facts. 1) In your divorce decree, does the decree say no fault? (my impression is no-fault because you would have stated it if that had been the case). you mentioned that she cheated on you, but did you suggest the evidences to the divorce proceedings so that it was documented? If decree says it is at fault on your ex, then the chance is very likely that USCIS will reject I 751 and proceed into removal process to immigration court, where they will likely to finally sentence removal order as well. 2) I understand that your ex and you did not share much financial responsibility, but I am assuming you guys live together, and I am wondering if she documented it? Because co-living documentation counts a lot in I 751 process especially with a child born together. It would be great if you can share your timeline for AOS and the total dating timeline with your ex. 3) Finally, do you want her to be removed or still have sympathy that you wouldnt mind her living in U.S.? I meant it is really upto you, but depending on your answers, response would be different as well. Just FYI is that if your ex is smart, and if she really did have wanted to use you for immigration purpose, she would have collected documentation meticulously, knowing that I 751 is waiting for her, and therefore she would suggest all those documentations to USCIS ( Please note that I asked a condition that "If she is smart" because I 751 is there). USCIS has internal lists of high frequency for country of origins to sham marriage, and your ex's country of origins will also be considered into account, when USCIS officers are making decisions. Generally, you mentioned that you guys lived together and have a child, and therefore if she lawyered up well, and if the divorce decree indicates "at-no-fault" dissolution of the marriage, it is 50 to 50% chance in USCIS's I 751 process, and even with 50% chance of USCIS's I 751 reject, which means it will go into immigration court, the likelihood that her I 751 will be approved is even higher because of born child and living together for long time.
  10. I favors of having lawyers as well. I read some reviews and found a lawyer when I did AOS in 2016. It was also affordable (1000$) because he was specifically specializing in family-immigration. Although many lawyers specialize in employment immigration, the lawyer I had had 10+ years of family immigration, specifically marriage AOS (to be fair, though, other family immigration category like parents, brother/sisters/daughters/sons of USC are cut and dry, meaning that all USCIS needs to verify is just to see if they are related). So I was quite comfortable, and the lawyer had my ethnicity background, so we had similar expectations. (I later noticed that some attorney charges 3000-4000$ for marriage green card, and my reaction was WTH?!) While I have to agree that many cases dont require lawyers assistance, it is the best to follow the lawyer's route. Especially when it comes to days of uncertainty, and given the nature of immigration itself is "All Big Ifs", if possible, having lawyers is the best shield. Immigration matters must be approached as conservative as possible because the burden of proof for eligible immigration benefits, shall always on immigration, not on government (that is what INA code of Federal law says so in preambles...)
  11. That is really interesting as the date goes between Aug 11 to 15th, the receipt date for a Case Inquiry retracted. So that makes me wonder if When we have a receipt number, we get WAC%%%##%%%%. So when reviewing ISO approves or makes decision, it electronically updates the oldest date of receipt because the receipt number was assigned by order_of_date. However, not all applications are adjucated based on order of date. As far as I know, when mailmen delivers I 751 to USCIS, preliminary reviews are completed to screen out any applications that are not eligible (such as 90 days window is not yet arrived) and entering information to assign receipt numbers. Once it is done, it is stored in waiting area until bulk of I 751 are sent to ISO's initial reviews (which is what I assume when USCIS updates the message like we are still reviewing your case or initial review message). However, due to RFE and ISO's personal way of adjucating are all different, it can variably change. For instance, ISO #1, John, completed a case dated from December 3, 2016 as a latest updates on Aug, 11, but ISO #2, Jessica, made decision for a case dated from November 29, 2016 as a last adjucation when Jessica spent some time reviewing RFE cases that were delayed back from previous months while ISO #1, John, still keeps adjucating cases dated from December 25, 2016, or in PTO for summer vacation. So when ISO#2, Jessica, finally adjucate the oldest case, USCIS processing timeline data is sorted out accordingly, and retracted to November 29, 2016 and other ISOs are still continuing next cases without updates in the processing timeline data because they are already making decisions for cases from post-November 29th, 2016 as of Aug 15th 2018. I am not sure how my theory is accurate because I have no ideas except how general workload are completed, which was explained to me from my AOS attorney,
  12. Well, there are quite interesting glassdoor reviews on USCIS, but multiple reviews commonly complains that upper management only cares about the numbers of cases that are approved based on each ISO's quota, which will be reflected on performance review by management. So based on that, it is likely that ISO would like to approve cases if there were no major issues once they review the evidences. Another impressive review I remember was one review says "I don't know how they got their jobs" and it was internship position. This is also along the line when my AOS attorney described many USCIS officers are not qualified to review what they are doing (In other words, they dont know what they are doing), and therefore when he wrote the lawyer's letter, he had to specifically cite each INA's article to give a clear understanding of my case (which I don't have any issue, no criminal record, had been lawful status with F1 for 4 years, just married to USC, not even a traffic ticket at all whatsoever except just twice parking ticket from my university). Yeah I am sure some ISO are very well-educated and intelligent, but many of ISOs are... as we can imagine. (and maybe that is why USCIS requires burden of proof relies on immigrants, not government)
  13. Like anything else in the United States, I think it depends. Some officers like to get highlighted, but others don't. So it is up to your choice and depends on whose hand will be given to in the service center per USCIS officer's personal taste, which we have no way to figure it out. Some officers who dont like the highlighted think when the evidences are highlighted, they tend to show only favorable material facts to the officers' attention while unfavorable evidences are getting hard to catch. Yeah of course, when you are submitting I 751, it is assumed that you are seeking for immigration benefits. Of course, you would only be interested in provide the most favorable information because that is why you are submitting I 751. However, officers job is not just to give approval, but would need to go thru each material facts and verify if the story matches with documentation, during which the highlighted content (or favorable to applicant's perspective) only hampers the objective understanding of evidences, and therefore officers start to suspect that you would only highlight contents to blind their eyes and wonder if you would hide some facts and ask what the intent was. So it is up to you. like anything else, everything in the United States, there is no answers, and it all depends. Ultimately, it is also your choice as well!
  14. I did analyze graphical representation of how I 751 starts to take so long. Please take a look, but clearly, I 751 adjucation (or approval) per each year used to be 130,000 from 2012 to 2016, except 2013 when 230,000 were adjucated successfully out of each year's averaging of incoming application around 150,000.However, in fiscal year of 2017, only 78,000 I 751 applications are adjucated. This is almost 40% decrease per avearge number of I 751 adjucation, and henceforth it immensely affects today's backlog. So clearly, it is not that all of sudden in 2010s, marriage between USC and foreigners increased because the number of application to I 751 still remains around 130,000 to 160,000 per year, nor does the number of documentations submitted in I 751 package increased from couple of evidences to extreme level of private life, but simply USCIS does not adjucate on time in fiscal year of 2017, and here we are. My guess is like anything else, it is comprehensive failure of predicting immigration application surges and USCIS did not properly respond to its application surges as well as political factors such as tightening immigration applications contribute this mess.
  15. It seems like it's a good news. You can see the statue of freedom in the middle of paper and it has two pages. Albeit it's possible it could be RFE with two pages without statue of freedom, in your letter you can clearly see the statue of freedom which often comes with approval. Any RFE paper does not have that statue. Keeps us updated!
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