I751

[patience2009 0]

Hello and happy new year,

My wife and I filed I 751 march 2007, went for biometrics, then received an intent to deny august 2007. We sent more support documents and to this date we did not receive any thing from INS. We did many infopass; however, the immigration officers always tell us the same thing: Your case still pending. We contacted our congressman and they told them that my case is still pending and if we did not hear from them in 4 months, we go ahead and do another infopass. Next week I have to go stamp my passport and ask again where is my case standing.

What do you think should we do? Is there someone else we can talk to because the officers always tell us the same thing?

Any help please will be appreciated.

Thank you all for your time and god bless you.

[steve 27]

If you went the congressional inquiry level then you may have the best response. They are "bound" to reply formally to those inquiries. It does not hurt much more than your time to keep checking and going in, however you may want to next time get a solid timeline from the officer on when you "should" come back and talk. Given you have an intent to deny, it would probably be prudent to at least get a consultation with a qualified immigration attorney (if for nothing else than to have them tell you your options and answer your questions). I suggest an AILA (www.aila.org) affiliated lawyer.

[patience2009 0]

Thank you Steve for ur help and suggestion. I am going to try to do what you just suggested and hoppefuly this probleme will end soon. It's been a long time my wife and I couldn't go to visit my familly because of this.

Thank you again

[James and Tracy 0]

If you filed in march 2007 and have maintained your status by getting stamps in your passport to extend your status then you have maintained legal permanent residency status for a period longer than 3 years. You can then go on an file the 400 for citizenship, however you may want to check this with a lawyer affiliated with the AILA.

Edited January 3, 2010 by James and Tracy

[patience2009 0]

If you filed in march 2007 and have maintained your status by getting stamps in your passport to extend your status then you have maintained legal permanent residency status for a period longer than 3 years. You can then go on an file the 400 for citizenship, however you may want to check this with a lawyer affiliated with the AILA.

James and Tracey

I just want to correct an error in my first posting: "We received an intent to deny August 2008 not 2007".

We have been married for more than five years and when we sent more supporting documents, we did not receive any receipt from INS saying that they receive them and we have proof that shows we sent those documents in the right time.

Do you think it is ok to file the 400 even my case is not decide yet?

How much do you think a lawyer will cost us if we want to contact them to see if it is ok to file 400 or wait until they make a decision on I 751?

Thank you very much and happy new year

[3600rs 24]

I just want to correct an error in my first posting: "We received an intent to deny August 2008 not 2007".

I guessed so.

We have been married for more than five years and when we sent more supporting documents, we did not receive any receipt from INS saying that they receive them and we have proof that shows we sent those documents in the right time.

Keep the proofs that you have handy, a long marriage strengthens your file.

Do you think it is ok to file the 400 even my case is not decide yet?

Yes, you must file for the n400, the 400 will supercharge the 751 processing.

How much do you think a lawyer will cost us if we want to contact them to see if it is ok to file 400 or wait until they make a decision on I 751?

If you married and have enough proof there is on need of a lawyer, file the 400 by yourself. You will be called for the 400 interview, which will let the Officer finalize your joint 751 too. You are with your wife, there is no need to worry. The relationship is true.

Your 751 is NOT denied, it is PENDING. Contact an AILIA lawyer if it gets denied.

Lawyer fees vary with experience. 751 and 400 are 2 separate issues. Your looking at anywhere between 1000-4000/- to refile a DENIED 751.

[patience2009 0]

I guessed so.

Keep the proofs that you have handy, a long marriage strengthens your file.

Yes, you must file for the n400, the 400 will supercharge the 751 processing.

If you married and have enough proof there is on need of a lawyer, file the 400 by yourself. You will be called for the 400 interview, which will let the Officer finalize your joint 751 too. You are with your wife, there is no need to worry. The relationship is true.

Your 751 is NOT denied, it is PENDING. Contact an AILIA lawyer if it gets denied.

Lawyer fees vary with experience. 751 and 400 are 2 separate issues. Your looking at anywhere between 1000-4000/- to refile a DENIED 751.

Thank you 3600rs for ur answer and help. It is really appreciated.

I am going to apply for N 400 and let you guys now what is going on with m case.

thank you again and happy new year