three years waiting on I-751

[ellenwaiting 0]

Hi everyone, here is my problem, and I need advice on what to do

I married a US citizen, came to the USA, and we were divorced prior to the two-year anniversary, so, I filed the I-751 in January 2007 with a request for a waiver on the bona fides exception. We had a child together and I submitted the evidence (photos and birth certificate). I also enclosed a letter of support from my former spouse. I understand from research that having a child together, or buying a house together, is prima facie evidence of a bona fide marriage for purposed of the I-751.

I had a pending misdemeanor proceeding (driving with my kid without a proper car seat (I know, I was stupid then) and I disclosed this on my I-751. Then the charges were dismissed-no conviction-and one year ago I sent the certified court documents in to prove it.

I was at Infopass last week and they told me its still pending, that my I-751 is "under investigation."

What do I do? Hire an immigration lawyer, can one help at all, or should I just wait? what are the odds of getting through without an interview.

the ironic thing is, I have reconciled with my ex, who is willing to remarry me but we are afraid this might gum up everything

any ideas? Any regulations on this?

[milimelo 4,558]

You contact your congressman to look into this for you. I'm surprised it has been pending for 3 years now and you didn't inquire about it earlier. Processing time for I-751 is 6 months to a year but once past 6 months you put in a service request and involve the congressman.

Let us know how it goes.

[Okalian 41]

ellenwaiting,

If you filed for I-751 in January 2007, i presume you're currently ready to apply for Citizenship. Go ahead and submit your N-400 application. This will force your I-751 on file to be adjudicated. Happens so many times.

There could be many reasons why an I-751 takes so long, and it doesn't mean there's something wrong around your circumstances. I know one case when the applicant's I-751 file was sent to the archives without having a decision made (applications are archived only AFTER a decision is made).

I'm really glad you and your husband are reconciling. Truly wish you both the best.

Edited February 22, 2010 by Okalian

[NickD 203]

ellenwaiting,

If you filed for I-751 in January 2007, i presume you're currently ready to apply for Citizenship. Go ahead and submit your N-400 application. This will force your I-751 on file to be adjudicated. Happens so many times.

There could be many reasons why an I-751 takes so long, and it doesn't mean there's something wrong around your circumstances. I know one case when the applicant's I-751 file was sent to the archives without having a decision made (applications are archived only AFTER a decision is made).

I'm really glad you and your husband are reconciling. Truly wish you both the best.

Can't file for the N-400 in the three year married privilege unless you are married and living together. Is the USCIS keeping you here legally with I-551 stamps in your current valid foreign passport or with an I-94? Is your child a USC? That just needs a birth certificate showing your baby was born here.

Perhaps it better to consider your marriage more important, sharing your life together, having a father for your child, and hopefully living peacefully with him and considering the USCIS as secondary. With a good shared marriage showing not only sharing your life together, but all financial matters as well as a married couple would give you both the proof and confidence you need to deal with the USCIS.

[Okalian 41]

Can't file for the N-400 in the three year married privilege unless you are married and living together. Is the USCIS keeping you here legally with I-551 stamps in your current valid foreign passport or with an I-94? Is your child a USC? That just needs a birth certificate showing your baby was born here.

Perhaps it better to consider your marriage more important, sharing your life together, having a father for your child, and hopefully living peacefully with him and considering the USCIS as secondary. With a good shared marriage showing not only sharing your life together, but all financial matters as well as a married couple would give you both the proof and confidence you need to deal with the USCIS.

She CAN file for N400 if it's been 3 years from the time she was eligible to remove conditions.

Say her temporary GC expires the day she applied for I-751. This means Jan 2007. Jan 2007 + 3 years = Jan 2010 => if she's no longer married

You're welcome.

[NickD 203]

She CAN file for N400 if it's been 3 years from the time she was eligible to remove conditions.

Say her temporary GC expires the day she applied for I-751. This means Jan 2007. Jan 2007 + 3 years = Jan 2010 => if she's no longer married

You're welcome.

I feel you overlooked the OP's statement "we were divorced prior to the two-year anniversary" in your reply. Have you gone through the N-400 process?

[3600rs 24]

She CAN file for N400 if it's been 3 years from the time she was eligible to remove conditions.

Wrong, a waiver applicant is eligible anytime to remove conditions, so the above 3 years can become 4 years.

Say her temporary GC expires the day she applied for I-751. This means Jan 2007. Jan 2007 + 3 years = Jan 2010 => if she's no longer married

Your word "say" is mere presumption. You need the exact day her green card expired to know when she will be eligible for citizenship. Its the 2 year conditional period + 3 years. And NOT time she filed 751 Jan 2007 + 3 years.

[NickD 203]

Wrong, a waiver applicant is eligible anytime to remove conditions, so the above 3 years can become 4 years.

Your word "say" is mere presumption. You need the exact day her green card expired to know when she will be eligible for citizenship. Its the 2 year conditional period + 3 years. And NOT time she filed 751 Jan 2007 + 3 years.

Not even a debate on this subject, just read the M-476 manual, it's a free download at www.uscis.gov/files/article/M-476.pdf

[Otto 83]

So, divorced prior to filing the I-751 (removing the marriage condition) with a letter of support from the ex-spouse. It is a wonder they haven't acted on the petition by now. Complete mystery.

[3600rs 24]

Not even a debate on this subject, just read the M-476 manual, it's a free download at www.uscis.gov/files/article/M-476.pdf

Hold your horses, there is no debate. Don't mistake correct advice with debate. She has to get the correct dates for her citizenship. Only citizenship can release her 751 from that 3 year stuck status. If she files early, she risks her application being returned. My post was meant to highlight the correct dates.

Thanks for the M476 manual link, we know about it. If manuals were the solutions to all our immigration worries why are these forums for.

Regards.

[M.O 6]

[Otto 83]

Citizenship (in this case, in my opinion) is the proverbial cart-before-the-horse.

[Brother Hesekiel 2,236]

Why would you wait 3 years for something so important as your legal status in the US until you get busy? What's your current status?

[3600rs 24]

Citizenship (in this case, in my opinion) is the proverbial cart-before-the-horse.

I concur!