Hannah_NYC

3 hours ago, da95826 said:

No, not if it is converted to a i751 waiver case. As long as USCIS knows you have a divorce and approves your i751 case with that knowledge then you will be good to go for your n400 under the five year rule. 

Just be prepared to defend your i751 case if you ask about during the n400 by keeping proof that you filed for the waiver either a copy of the conversion letter for the first case or proof you filed the i751 waiver for the second whichever one gets approved . Keep proof of your good faith marriage divorce decree just in case you need it.

The only issue you have is that there is a good chance with the two i 751 applications pending USCIS may get confused so withdrawing one or the other will be a good idea. 

 

The only thing I would avoid is getting one or the other i751 to be denied so I would withdraw the unneeded i751 as soon as possible to clear up your case. If your i751 converted joint case is approved, withdraw the 2nd i751 right away or if they are not going to approve the first i751 withdraw it and wait for the 2nd i751 to be adjudicated.

You have an attorney knowledge:)) !!

Thanks so much.  My interview is this week. I'm going ready with letter of withdrawal,  divorce decree, marriage certificate, ID, passport and green card. 

I'm not really ready for interview questions but I guess I'll have to get ready just in case they want to adjudicate on the spot. 

I'll also take with me the waiver packet my attorney sent ... just in case. 

41 minutes ago, da95826 said:

You could have sent a letter to the service center adjudicating your joint i751 case to convert your original joint i751 application to a waiver i751 divorce case instead of filing a second i 751 waiver. USCIS will convert joint i751 cases if the petitioner requests to do so in writing by letter to USCIS service center or at the interview.

An i751 application can always convert to a waiver case in writing. Having two i751 pending complicates your case and may cause confusion with USCIS. I would go to the interview to see if you can get the first i751 approved and withdraw the 2nd i751 application. 

If the IO can’t approve your first converted case then you would withdraw that case and wait for the 2nd to get adjudicated. 

Good luck to you.

If they approve me on the first one then I'll have issues when time comes for citizenship.  They are not supposed to approve me on the joint one because I'm divorced.  I'm just wondering if they can switch my petition to a waiver on the spot even tho they don't have my waiver packet in hands in front of them.

Thank you for your input! 🙏

22 minutes ago, da95826 said:

I would go to the interview, you can request that your joint i751 be converted to the waiver case to the IO at the interview.  Bring a letter requesting the case be converted and give it to the offer at the interview. Bring your divorce decree, bring updated good faith marriage proof to the interview, bring both receipt notices for each i751 application.

 

Did you check to see which i751 case they are interviewing you for case 1 or case 2?

 

You can attempt to get your first i751 approved at the interview and withdraw the second i751 after approval, more than likely you will need to withdraw from one of two i751 applications if you have two pending at some point. 

Woww! So basically everything is possible.  

The interview is for the first, joint petition.  

Thank you! 

20 minutes ago, Allaboutwaiting said:

I don't think you needed to file again but just switch to ROC with divorce waiver at the interview.

 

Read this document: https://www.uscis.gov/sites/default/files/document/memos/i-751_Filed_ Prior_Termination_3apr09.pdf

I was gonna do that but my attorney said it's not the safest way to go about it so we filled again:/ 🤷🏻‍♀️. 

Hi guys! 

I have my i751 joint petition interview in a few days, however, in the meantime, I got divorced and filed again but i751 waiver. 

I'm going without an attorney to basically withdraw the old petition and let them know that I filled a new one based on divorce. 

Do you think they will be interviewing me and what should I expect? Anyone had this situation? 

Thank you! 

You guys have been very quiet.  I'm assuming everyone got their green cards,  am I right? 😁😜

Guys, I have an interview on my I751 joint petition in a few days,  however,  in the meantime i got divorced and filed again- I751 waiver.  

I'm going alone to the interview (without my attorney because she is insanely expensive) to basically withdraw my joint petition and let them know I've filled a waiver.  

Do you guys know what should I expect? My attorney says that the chances of them interviewing me are minimal. I would appreciate any info you might know for this type of situation. 

Thanks you! 

24 minutes ago, Rosa Garcia said:

Have you file outside of normal processing time form or contacted Ombudsman?  Your case is pending 25 months.

No, I haven't as I see that's not helpful.  

Also, the online processing times are for the big offices.  Once your case is ready to be scheduled for an interview that means it's already in the local office and the wait time doesn't apply there anymore. 

When I went to get the stamp the officer told me that it can take up to 5 years 🤦‍♀️ as the NYC office was backlogged. 

2 hours ago, Greatdane11 said:

Hi everyone on here , My  N400 interview has been scheduled for 16th of September of this year (2021) I am MSC, I have a pending i751 (ROC), I hope it’s a combo interview as I will definitely go with my spouse.Glad to be scheduled after waiting for a while. I live in New York ( Brooklyn to be precise ), and I hope this helps anyone around newyork determine their case time. I filed my i751 in July of 2019.

If you have any question , I’ll be more than happy to respond.

Thank you so much for sharing your updates... as very rarely someone from NY posts here. 

I'm Queens office, filed same time as you, my case was in Vermont then transferred to NBC and ready to be scheduled for an interview - been waiting for over a year now. 

How long did you wait for an interview date or they informed you just now that you will be having one? 

I guess I'll be waiting much longer as I didn't apply for n400 and in a divorce process. 

Thank you!!!

14 minutes ago, ramwho said:

Yes, filed May 2019.

Yes, filled july 2019

18 minutes ago, Greatdane11 said:

I don’t think that’s right , I have friends who have gotten their GC within just one year of filing their ROC , let’s keep our fingers crossed , our time will come 

I know people that applied same time as me and got it in 8 months.  But once it's get stuck it's real stuck!!!! I just red on here that someone is waiting since 2016

On 6/15/2021 at 8:03 PM, Greatdane11 said:

Has anyone with MSC ( National benefits center ) noticed any movement in regards to his/ her case, I think NBC is the slowest of all, since JUNE 2016, I haven’t heard anything about my case. 
The waiting thing is really frustrating and I guess New York is really terrible. 
Majority of the ROC filers that are being transferred from one service center to NBC are always scheduled or approved quickly, it’s really making me nervous and frustrated. 
It’s really a sad thing to see people who file in late 2020 getting approvals and notice of interviews, I’m happy for them though, but it’s , at the same time, not a good feeling knowing there’s nothing you can do about it than wait to be called or approved without interview.

I filled july 2019 and was transferred to NBC. Went to get my infopass and the clerk told me that my case is in the local office NYC and I751 cases take up to 5 years 😭😭😭 I hope that's not true

3 hours ago, Gingerspike said:

Thank you! 🥰 My field office is Los Angeles and no, it doesn’t show the time of my completion since April for me. I got frustrated too as they transferred my I-751 to NBC but comparing to other cases too, they are starting to pick up the phase. Crossing fingers for you too! ❤️

Same here ... applied july 2019. Status is ready to be scheduled for an interview since almost a year. NYC QUEENS office.

So frustrating... anyone in NYC with similar timeline???

4 hours ago, gray_cat said:

Finally done with ROC. Interview was 2 days ago and it was not a pleasant experience. The officer asked a million questions to my husband and me separately. A couple of hours later I got a notification saying case was approved. 

 

Good luck to all of you waiting. This process is so frustrating.

Ohhh Goshhh... why did they separate you and what are the questions they asked? 

16 minutes ago, Tico2932 said:

When I got the divorce papers iny hand I called USCIS to let them know, and I mailed my divorce papers with a letter to switch my application to divorce, when I got yo the interview the officer didn't know about he didn't even had any of my paperwork, I had my receipt when I mailed the divorce papers and the letter so I was good.

in the interview he was sure that my marriage was real,  but he found an error in my turist visa back in 2015 I believe, is a long history when I first got my american turist visa I was single,

in one of my visits to USA , someone stole my passport so I went to get a new one but in my application I put SINGLE again when I was already married I didn't think about it. I was living with my american wife in my country.. a year later we decided to move to USA , adjusted my status and got my green card but now in doing my i751 the officer found the mistake and I don't know if He will approve me or not.. it's been 6 months since my interview he told me he had intentions of have my case denied but it's been soo long that I hope he just put my case to the side to approve me later 

I don't think he has reasons to deny your application.  If he believed that the marriage was bona fide I don't think he can do that. If he wanted to deny you he would have done so right away. 

37 minutes ago, Tico2932 said:

Ok my case is like 8 months outside of the processing time, I had my interview 6 months ago, and nothing yet... The last inquiry I did they told me by an email to wait 30 day and I should get a notice or decision, so they have until this Friday if I don't get an answer I have to call again.

I had a bad interview, I filed married but I got divorce I'm the middle of the process. 

I'm waiting too. Filed july 2019. 

I filled jointly but filled for divorce 6 months ago. 

Did you have the interview alone? Why was it bad?

7 minutes ago, seablock said:

Its never over until the fat lady sings.  We filed a I-751 in June of 0219 and a N0400 in July of 2020.  An interview was scheduled for N-400 on April 8 which we postponed.   On April 9 we received notice that the USCIS had approved the I-751 without an interview.  The notice however stated, "Our records also indicate that we have approved your Form N-400."  "Because we also approved your N-400, you will not receive a new"  green card.  However, a week later a notice of interview for N-400 arrived for May 18.  We called in to see what the deal was and are waiting for a tier 3 callback.   The two notices are in conflict with each other.  Meanwhile yesterday while entering the USA with the infopass stamp and expired green card, we were send to the Miami secondary at 6 am and forced to wait in an empty office while the two on duty  USCIS officers took their sweet time to call my wife up to ask a few inane questions all because of their failure to timely process her I-751.  Just horrible how the wives of U.S. citizens are treated.

 

Sorry you had to go thru the stress at customs. I just came back from Europe 2 days ago with an infopass.. the officer sent me to a different room and there they took my passport and ask me to sit. After a few min they called my name and  just gave me my passport and I was done. 

I'm sure you'll be fine and you won't need to attend an interview.  Seems like the I751 and n400 are completely 2 different departments and not really seamlessly synchronized.  

I filled I751 in july 2019 - NYC. Still waiting for an interview date, hopefully they waive it. 

CONGRATS!! 🥳🥳🥳🎈

2 hours ago, seablock said:

Well things moved fast from "interview completed" with no interview ever scheduled to today " Case Was Approved."  A long journey.  How many days until the greeen card is sent out?

Congratulations!!! 🎈🎈🎈 that's awesome news!! Thanks for the update!

13 minutes ago, Tico2932 said:

I got divorce in the middle of the i751 process, but the problem was because he found a problem in my turist visa, when I applied for my turist visa I was divorce, I came to visit USA i got married  i went back to my country  and I lost my passport, when I applied again to get a new turist visa again I put that I was divorce when I was married, I took my wife to live with me to my country but I few years later we came to usa and we stayed here... I changed my Status, the day of my interview the office told me that I lied saying that I was divorce..

And I'm been waiting for a letter or the approval..

I was victim of domestic violence and I have the evidence on videos, this is why I filed my divorce

Wowww!! Sorry to hear that. I'm sure a good attorney can straighten things out. 

I'm waiting for my I751, filed jointly but in the meantime we filled for a divorce, 4 months ago. 

I'm still waiting for the final divorce decree.  Once I get it I'm planning to send it to them and tell them that I'm switching to I751 with waiver.  

16 minutes ago, Tico2932 said:

 

😳 but why? The interview didn't go well or you didn't have enough evidence? 

I'm sorry to hear that. Hopefully they change their mind.  

A friend told me, someone in Chicago is waiting already a year for an answer.  It's CRAZY!!

3 hours ago, nyoleg said:

 

Once I got there it took like a few min. You don't wait, they don't have anyone in there because of covid. Yes, you can travel with the stamp, it's good for 1 year and they will give you the green card back. 

16 minutes ago, nyoleg said:

Thanks soo mush. found this in Manhattan Federal Plaza

Yes, that's the Queens office, maybe the other boroughs too. I went there a week ago. 

54 minutes ago, nyoleg said:

Помогают девушки из Нью-Йорка. Сегодня мне позвонили USCIS назначили на завтра ставку штампа в паспорте, дали номер апойтмента, но не назвали адрес.

You should have received an email with all the details!!! Check ur email. 

2 hours ago, nyoleg said:

it is terrible. One girl is already waiting for 2 GK for 4 years, NY

OMG!!! This is really ridiculous.  NYC is the worst!! 

I'm wondering if I was to move to a different state,  would that speed up the process?  

Have you guys seen anyone attending ONLY I-751 interviews in NYC? 

Nobody here posts info on this office. 

1 hour ago, nyoleg said:

Where and how to check the processing time of cases in the local office?

I don't know how... but when I went for my infopass,  the officer told me is 13-30 months for the NYC office.  

2 hours ago, seablock said:

The IO may not want to look at you because he feels sheepish about his agency wasting your time for no reason.  That is good news if only baby steps.  Our baby step today was we got a call back from an immigration officer after about two weeks of waiting.  After I told him we needed the stamp for work and for travel, he  asked a number of questions about covid (e.g. do you feel sick bla bla bla) and then promptly said there were no appointments available.  He said he would "escalate" the case and we could expect to hear back  within 72 hours from someone else.  As a tax payer, it is pretty depressing that we have to pay for this service and then have to jump through hoops just to put a stamp in a passport due to their inability to timely process the case. 

WHATTTT!!! No appointment available?? That's really crazy!! They HAVE to do it, otherwise we can't work! And on the other hand they give us only 30 days to apply for it before we get fired from work due to not having the paperwork.  

And yes, I feel like everyone is getting their green cards and they have 2019 filers on their torture list.