a decision has not been made on your application (after N400 interview)

[Worried_joel 6]

I am starting to wonder.... so what happen after my 120 days wait time? Anyone can advice me?

[JimmyHou 610]

I am starting to wonder.... so what happen after my 120 days wait time? Anyone can advice me?

Can you share your experience or share a link to it (I'm pretty sure you've posted it before).

I assume you've been interviewed, were told that a decision cannot be made, and you're now waiting... is that right?

The usual advice is to call them, make an Infopass, contact the USCIS Ombudsman, contact your representative and your senators, but you may have already done all that.

Also, was there a reason given for the lack of a decision and when was your interview?

[Worried_joel 6]

Can you share your experience or share a link to it (I'm pretty sure you've posted it before).

I assume you've been interviewed, were told that a decision cannot be made, and you're now waiting... is that right?

The usual advice is to call them, make an Infopass, contact the USCIS Ombudsman, contact your representative and your senators, but you may have already done all that.

Also, was there a reason given for the lack of a decision and when was your interview?

They suspect fraud on my marriage because I got divorce before I got my permanent 10 years green card. First interview was nothing much. Basically, I passed my history and read/write test swiftly and then they continue to ask about how my marriage ended, any child? and where do I live in during those period of time. The second interview is more intensive on my ex-marriage and child. Because my ex wife has 1 daughter with the first husband and 2 children with another. Didn't have any with me and properly I/O think I am candidate for fraud. He asked all questions and have me to sign on paper for my answers base on his questions. I have made one info pass before the 120 days and customer service said ohhh your case is not up yet. 120 days. You can check back. There are no update on your case yet. That is it! I have not contact my representative and senators yet, nor USCIS Ombudsman (who is that???) I am going to call in on the Monday in which is 121 days. Right after the due date and making sure they don have an excuse to say Ohhh your case is still within the 120 days. What you think? But my lawyer said I can make info pass anytime I want to. Hmm....stress!

[JimmyHou 610]

They suspect fraud on my marriage because I got divorce before I got my permanent 10 years green card. First interview was nothing much. Basically, I passed my history and read/write test swiftly and then they continue to ask about how my marriage ended, any child? and where do I live in during those period of time. The second interview is more intensive on my ex-marriage and child. Because my ex wife has 1 daughter with the first husband and 2 children with another. Didn't have any with me and properly I/O think I am candidate for fraud. He asked all questions and have me to sign on paper for my answers base on his questions. I have made one info pass before the 120 days and customer service said ohhh your case is not up yet. 120 days. You can check back. There are no update on your case yet. That is it! I have not contact my representative and senators yet, nor USCIS Ombudsman (who is that???) I am going to call in on the Monday in which is 121 days. Right after the due date and making sure they don have an excuse to say Ohhh your case is still within the 120 days. What you think? But my lawyer said I can make info pass anytime I want to. Hmm....stress!

If I were you, I would go ahead and schedule an Infopass appointment for a week or so after your 120 days are up... it would be terrible to go in on Day 121 and have them say, "No, sorry, we count slightly differently, so it's only been 119 days." There are ways that they can delay further... if you call or go to the office in person, they may initiate a service request... this gives them an additional 45 days to respond... so, yes, it can be delayed beyond the 120 days.

The Ombudsman is a person who works for the Department of Homeland Security and part of his/her job it is to assist with applications or cases that are taking too long... I don't know if they've actually ever helped anyone, but it's one of the options open to you, so you should contact his/her office. http://www.dhs.gov/topic/cis-ombudsman

Contacting your congressional representatives can also help USCIS move faster on your case, but they will be more likely to help if you have exhausted all other options... see the last posts in the April 2013 thread for an example.

Finally, you can follow the path of a writ of mandamus, which is essentially a lawsuit that asks a federal judge to issue an order on your case... I've read on some websites that the judge makes the actual decision, but on most websites it says that the judge will order USCIS to make a decision.

So those are all your options as far as I understand them... hopefully, a simple Infopass or call will take care of it, since they've had enough time to make a decision on your case... I think if they had decided that your marriage was fraudulent, they would have taken action by now.

Note that with any of these options, USCIS can approve or deny you... your case is a little tricky... if they deny you because you are not eligible, then you keep your green card, but if they deny you because they decide that you fraudulently acquired your green card, then they will attempt to take it away. Assuming that their concerns are unfounded and that you entered into the marriage in good faith and with no fraudulent intent; if that is the case, then you shouldn't worry and you can go ahead and try to move things along starting with the Infopass.

[Worried_joel 6]

Called the USCIS. They said your case is out of the 120 days pending date and therefore, we are going to put an request for Oath letter or any update on the case. You should receive a response or letter within 15 days to 30 days!!! Waiting game starts again!

[Nimaan 27]

Called the USCIS. They said your case is out of the 120 days pending date and therefore, we are going to put an request for Oath letter or any update on the case. You should receive a response or letter within 15 days to 30 days!!! Waiting game starts again!

Hey Worried Joel,

I am not sure if you had a chance to check out April 2013 thread but I am one out of two applicants (Canadian Wife) is the second still waiting for our oath ceremony.

After filing in April 2013, I completed my bio in May and was interviewed in Sept 2013. After 120 days, there was no update. I called more than 5 times and all the service requests were answered as my case was pending adjudication.

Now, I filed N400 after filing a I-751 waiver since my USC wife and I divorced around April 2010. I wasnt sure if this was the reason why my case was taking too long or not.

I attended 2 infopasses to check status and my second one, I was told it was the name check that was taking too long.

Well, I decided to wait it out until last Sept 2014 when Jimmy Hou advised me to reach out to my senators or congressman. I searched from my senator the filled out the privacy form online. I sent the signed privacy letter and copies of the N652 I received after the N400 interview stating I have passed my civic test and a decision could not be made. On the copy I attached, I highlighted the bottom where it says a decision should be made in 120 days.

I mailed all these documents to the senator.

I received a notice from senators office saying they have received my paperwork and have reached out to USCIS. Well, about 2-3 days and I receive a response from senators office with an email attached from USCIS. The to & from was deleted from the email and the subject was my last name and A#. The body of the email said they didn't know why my case has been pending for so long but it has been recently assigned to an officer and that my fingerprints had expired so I should wait for the notice and retake.

I got the fingerprint notice in about a week and went and did them for the second time. This was around Oct 21. Well, I gave it 8 weeks (Dec 16) then contacted the senators office again. I received a response from the senators office that included an email from the USCIS. The email stated that my case has been assigned to an officer but it will not be completed before the end of the year.

Early Morning of Jan 5th, 2015 low & behold I get a text & email stating my case has been approved and I have placed in the oath que to be scheduled for an oath.

3 days later, on Jan 8th around 6:30pm; I received an email saying my oath letter has been mailed and I should receive it by Feb 7th.

So as of right now, I am waiting patiently for the oath letter.

I hope this helps!!

[Worried_joel 6]

do you know which thread was it? I tried to look for it but failed. which page and what is the title topic about? Also it actually took you so long almost 2 years to get your Citizenship????? Could it be done earlier if you were me?

Step One I called USCIS and they request a service response from the field office.

Step two? Wait? how long?

Step three? Contact senator?

Step four? send in all information to them?

Please advice.

Hey Worried Joel,

I am not sure if you had a chance to check out April 2013 thread but I am one out of two applicants (Canadian Wife) is the second still waiting for our oath ceremony.
After filing in April 2013, I completed my bio in May and was interviewed in Sept 2013. After 120 days, there was no update. I called more than 5 times and all the service requests were answered as my case was pending adjudication.
Now, I filed N400 after filing a I-751 waiver since my USC wife and I divorced around April 2010. I wasnt sure if this was the reason why my case was taking too long or not.
I attended 2 infopasses to check status and my second one, I was told it was the name check that was taking too long.
Well, I decided to wait it out until last Sept 2014 when Jimmy Hou advised me to reach out to my senators or congressman. I searched from my senator the filled out the privacy form online. I sent the signed privacy letter and copies of the N652 I received after the N400 interview stating I have passed my civic test and a decision could not be made. On the copy I attached, I highlighted the bottom where it says a decision should be made in 120 days.
I mailed all these documents to the senator.
I received a notice from senators office saying they have received my paperwork and have reached out to USCIS. Well, about 2-3 days and I receive a response from senators office with an email attached from USCIS. The to & from was deleted from the email and the subject was my last name and A#. The body of the email said they didn't know why my case has been pending for so long but it has been recently assigned to an officer and that my fingerprints had expired so I should wait for the notice and retake.
I got the fingerprint notice in about a week and went and did them for the second time. This was around Oct 21. Well, I gave it 8 weeks (Dec 16) then contacted the senators office again. I received a response from the senators office that included an email from the USCIS. The email stated that my case has been assigned to an officer but it will not be completed before the end of the year.

Early Morning of Jan 5th, 2015 low & behold I get a text & email stating my case has been approved and I have placed in the oath que to be scheduled for an oath.
3 days later, on Jan 8th around 6:30pm; I received an email saying my oath letter has been mailed and I should receive it by Feb 7th.
So as of right now, I am waiting patiently for the oath letter.

I hope this helps!!

[Worried_joel 6]

I have another question. I wanted to apply my wife for her Green card through my current Green Card (LPR) can I do that while I wait for my N400. Reason is I don't know when it is going to get over. I am so tired waiting for it's approval and maybe it is not going to finish up in another month or so. I can file in I-130 for my wife and get her in line first? if my citizenship got approved and I can upgrade her application. What is your advice guys?

do you know which thread was it? I tried to look for it but failed. which page and what is the title topic about? Also it actually took you so long almost 2 years to get your Citizenship????? Could it be done earlier if you were me?

Step One I called USCIS and they request a service response from the field office.

Step two? Wait? how long?

Step three? Contact senator?

Step four? send in all information to them?

Please advice.

[Worried_joel 6]

Jimmy,

Do I contact The Ombudsman first before I contact senator? Of cuz I have to call in the 1800 to have them check on my case first and do info pass.

jimmy can you do this for me please. In note form. from Step one to ten if there is one. Tell me what to do. Many thanks. I am a little confused now.

Step one: Called the USCIS hotline (DONE)

Step two: Wait 15-30days for response?

Step three: __________________ you fill in

Step four:______________________you fill in

Step five:__________________________

Step six:___________________________

Thank you Jimmy or anyone that can advice me through those steps.

JOel

If I were you, I would go ahead and schedule an Infopass appointment for a week or so after your 120 days are up... it would be terrible to go in on Day 121 and have them say, "No, sorry, we count slightly differently, so it's only been 119 days." There are ways that they can delay further... if you call or go to the office in person, they may initiate a service request... this gives them an additional 45 days to respond... so, yes, it can be delayed beyond the 120 days.

The Ombudsman is a person who works for the Department of Homeland Security and part of his/her job it is to assist with applications or cases that are taking too long... I don't know if they've actually ever helped anyone, but it's one of the options open to you, so you should contact his/her office. http://www.dhs.gov/topic/cis-ombudsman

Contacting your congressional representatives can also help USCIS move faster on your case, but they will be more likely to help if you have exhausted all other options... see the last posts in the April 2013 thread for an example.

Finally, you can follow the path of a writ of mandamus, which is essentially a lawsuit that asks a federal judge to issue an order on your case... I've read on some websites that the judge makes the actual decision, but on most websites it says that the judge will order USCIS to make a decision.

So those are all your options as far as I understand them... hopefully, a simple Infopass or call will take care of it, since they've had enough time to make a decision on your case... I think if they had decided that your marriage was fraudulent, they would have taken action by now.

Note that with any of these options, USCIS can approve or deny you... your case is a little tricky... if they deny you because you are not eligible, then you keep your green card, but if they deny you because they decide that you fraudulently acquired your green card, then they will attempt to take it away. Assuming that their concerns are unfounded and that you entered into the marriage in good faith and with no fraudulent intent; if that is the case, then you shouldn't worry and you can go ahead and try to move things along starting with the Infopass.

[JimmyHou 610]

Jimmy,

Do I contact The Ombudsman first before I contact senator? Of cuz I have to call in the 1800 to have them check on my case first and do info pass.

jimmy can you do this for me please. In note form. from Step one to ten if there is one. Tell me what to do. Many thanks. I am a little confused now.

Step one: Called the USCIS hotline (DONE)

Step two: Wait 15-30days for response?

Step three: __________________ you fill in

Step four:______________________you fill in

Step five:__________________________

Step six:___________________________

Thank you Jimmy or anyone that can advice me through those steps.

JOel

This is only what I would do... others will have different opinions... and please note that I've never done this... in fact, you're well ahead of me in the process so you have more experience... this is just based on what I've read.

1- Call (you did this and they started a service request)

2- Wait 30 days for service request... if on day 29 they say they have mailed you a letter in response, then wait a week or two until you get it.

3- Contact Ombudsman's office. Research Senator # 1, Senator # 2, and Congressman's offices (online) to see which of them have a staff member responsible for immigration issues. Contact that person. Clearly explain everything about your case and indicate that you would like a decision on your case. You can try contacting them all, but I would start with the one(s) that have immigration staff members because they will probably be more helpful.

4- Wait a few weeks... 3-4... for a response.

5- Your last course of action if nothing else works is to hire an immigration lawyer and file a suit. I don't know if you can do this yourself, but I would not attempt it without a lawyer.

Please note that all you can do is push them to make a decision and that that decision can be an approval, a denial, or a denial and initiation of action to revoke of your green card (if they can prove fraud).

I hope your service request will get you a positive decision... if not, they may just tell you that your case is now under supervisor review... which is where some applications get stuck for a long time. You've got 30 days to wait now, so try being Relaxed_Joel for a while... you've done what you can at this point and you know what to do next... start writing your letters to your representatives if you want something to work on.

Edited January 13, 2015 by JimmyHou

[Worried_joel 6]

New UPDATE on my case!!!

I/O went to my ex-wife house and knock on her door early in the morning.

They questioned her about our past marriage and child issue.

They seem convinced. They said it is part of the standard procedure to investigate.

Did anyone of you got the same thing going on?

[Worried_joel 6]

Worried and Happy at the same time! Happy that my wife did not screw me up and told them what happened to our marriage and also my case is moving and not sitting still! Worried because they are still investigating about me. Guys anyone can answer me on this one? Can I still be apply for my current wife on her I-130 application? (Green Card) even I am waiting for my result? Will it affect her application or mine?

[JimmyHou 610]

New UPDATE on my case!!!

I/O went to my ex-wife house and knock on her door early in the morning.

They questioned her about our past marriage and child issue.

They seem convinced. They said it is part of the standard procedure to investigate.

Did anyone of you got the same thing going on?

I had not heard about this happening, but you are now the second person in the last two months to write about USCIS contacting an ex-spouse. In the other case, they called an ex-wife and interviewed her for an hour... I can't remember who posted that...

It certainly looks like USCIS is currently looking more closely at marriage fraud, even at the N400 stage.

This certainly means that they haven't forgotten about your case, which is good news.

[JimmyHou 610]

Worried and Happy at the same time! Happy that my wife did not screw me up and told them what happened to our marriage and also my case is moving and not sitting still! Worried because they are still investigating about me. Guys anyone can answer me on this one? Can I still be apply for my current wife on her I-130 application? (Green Card) even I am waiting for my result? Will it affect her application or mine?

Is your wife currently living here? In that case, it would be an adjustment of status... based on whether you apply as a permanent resident or as a citizen, her priority catagory will differ. I believe that if you apply now, once you get your citizenship you can upgrade her petition to that of the wife of a USC. The question is how much time will you actually save... my friend (USC) petitioned her husband in September and he did his interview in November and got his EAD in December... not sure if he has the actual green card yet, but he's approved.

Post your question in the family member AOS forum for better answers.

http://www.visajourney.com/forums/forum/7-adjustment-of-status-green-card-from-family-based-visas/

http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

If your wife is in the US and in legal status, you could just wait until you get your citizenship... there's no rush. If there is no fraud, then they will approve your application for citizenship... if there is fraud then your sponsorship of your wife would automatically be canceled when they cancel your green card.

[Murican 1]

New UPDATE on my case!!!

I/O went to my ex-wife house and knock on her door early in the morning.

They questioned her about our past marriage and child issue.

They seem convinced. They said it is part of the standard procedure to investigate.

Did anyone of you got the same thing going on?

Yup, I guess that is the norm now, like I said earlier in the thread they called my ex-wife too and after half an hour on the phone, the I/O said he was convinced. a couple of weeks later...

I got my oath ceremony notice mailed to me and I'm scheduled to have my oath ceremony next month.