Case out of the ordinary

[AlmaD 2]

Hi there,

My case is a little bit complicated and maybe it can look odd to some of you but here it goes.( Please forgive my english)

I got married to my husband who at the time he was in the US Army. I got the conditional GC. We applied to remove conditions together and sent all the paperwork to the Nebraska Service Center ( He was stationed in Ft Riley, KS). After 6 month passed We call to the USCIS ( INS before) and inquired about my case, the IO very kindly told us that the processing time has been extended that they were way behind with the cases that we should call 3 month later, the we call and they told us the same. Well at the end of that year my husband was honorably discharged from the US Army and we moved to NY. We called to an USCIS officer and explained to her that we were in process of moving and she told us that my case was still pending but to call once we were in a permanent address for them to update it.

After a few month passed We called to the USCIS again and she told me that my case was sent to the Local office in Kansas City and that I had to request the transfer of my case to Vermont Service Center. ( At this time my extension letter had expired) We did what she suggested but the case was not transferred.

We got so frustrated at this point that we made an infoPass ( I didn't know they existed until this point) and an officer requested the transfer herself and gave me a confirmation number of that request for future reference well 30 days passed and I received a letter stating my case was closed. We call to USCIS immediately and an officer told us that they don't close the case when one of the spouses is on the military but put it on hold so she did advise us to fill a I-751 again and told us that we shouldn't have any problem at this point(we went to this appointment with our 2 sons) and we only had to explain in a written Statement all we had go through.

In brief, I have filled 2 I-751, the last one May 14th taking the advise of the USCIS officer we spoke to but still haven't got any NOA but I know they cashed my check.

Any input would be apreciated. I post the same post in the BritishExpa forum because a friend advise me to , but another friend familiar to this forum told me that I could find good and helpful answers on this forum to. I know is difficult not to Judge but please do not so. Thank you

Anybody on a situation similar as mine?

Do you think I can go to attend some family emergency while waiting or do you think that I can get denied at the POE and get a ban?

Please advise

Thank you

[Shub 78]

What is happening to you seems like a screw-up of epic proportions but I cannot comment further on it since I've never heard of or experienced such a thing... however I will tell you that if you filed on May 14th, it's only been a week, you should be getting your NOA1 soon in all likelihood.

[AlmaD 2]

Thank you for your input. I know I am between a Rock and a hard place.

What is happening to you seems like a screw-up of epic proportions but I cannot comment further on it since I've never heard of or experienced such a thing... however I will tell you that if you filed on May 14th, it's only been a week, you should be getting your NOA1 soon in all likelihood.

[bszoom42 0]

Were you able to get an I-551 stamp on your passport from your infopass appointment? That stamp can extend the validity of your permanent residence until the date they write on the stamp.

[AlmaD 2]

They didn't I didn't have the passport with me. They just told me to send another I751 because the first case was closed.

Were you able to get an I-551 stamp on your passport from your infopass appointment? That stamp can extend the validity of your permanent residence until the date they write on the stamp.

[milimelo 4,477]

Well, I'll just say that you should involve your congressman right now - don't wait for anything else. I hope you have copies of the original I-751 submission and NOA1.

You can inform the congressman using the same opening post, just expand a bit on dates and locations. Don't forget to have your husband sign and fax the form authorizing congressman to represent you in front of USCIS and stay in touch with congressman's aide daily if necessary.

Also see about filing N400 for naturalization as it looks like it's been a year since you sent in your first I-751.

You definitely need to get people working in congressman's office to find out exactly what happened to your original I-751. Maybe you should even get a refund for the second I-751 submission.

Let us know how it goes.

[AlmaD 2]

Yes I have a copy of my first NOA available . I think I should get my congressman involved. However, I don't think that I can get a refund back because since my first I 751 was filled they have changed the fees and they Closed my first case. I will update as soon as I know something new,

Well, I'll just say that you should involve your congressman right now - don't wait for anything else. I hope you have copies of the original I-751 submission and NOA1.

You can inform the congressman using the same opening post, just expand a bit on dates and locations. Don't forget to have your husband sign and fax the form authorizing congressman to represent you in front of USCIS and stay in touch with congressman's aide daily if necessary.

Also see about filing N400 for naturalization as it looks like it's been a year since you sent in your first I-751.

You definitely need to get people working in congressman's office to find out exactly what happened to your original I-751. Maybe you should even get a refund for the second I-751 submission.

Let us know how it goes.

[milimelo 4,477]

Yes I have a copy of my first NOA available . I think I should get my congressman involved. However, I don't think that I can get a refund back because since my first I 751 was filled they have changed the fees and they Closed my first case. I will update as soon as I know something new,

AlmaD, how long ago was the first case filed? I suspect it was back before July 2007 (that's when the fees changed), I say go for the citizenship - you already have not one but two I-751 filed, enough time in the US, marriage length.

[AlmaD 2]

Yes it was before that. But the Imigration Officer told me that once I et my permanent card I should apply for the citizenship right away because I've alrady been married to my husband long time now!!

AlmaD, how long ago was the first case filed? I suspect it was back before July 2007 (that's when the fees changed), I say go for the citizenship - you already have not one but two I-751 filed, enough time in the US, marriage length.

Edited May 22, 2010 by AlmaD

[mainyasha 0]

THERE was someone also in the army with a case similar to yours. They eventually got a PHONECALL from USCIS telling them they had been approved.

I feel bad because I dont recall a name or what they had on their thread topic, however I know if I was in your shoes `d go thread by thread till I found it.... It may have been around February when they got the approval after the transfers had been lost while they were moving on military assignments.

[mainyasha 0]

BTW WHAT DID THEY MEAN CASE CLOSED. ITS EITHER PENDNING APPROVED OR DENIED?

[AlmaD 2]

All I knw is that because my husband was still in the US Army at the time we applied for the first time to remove conditions. The told us that they don't terminate those kind of cases so they administratively close them until you try to re-open then again so from tat point on you have to fill again another I-751 then send it with a written statement explaining what happened then they start the removing of condition process all over again and now I just have to wait on their decision. I sent all the evidences even my husband form when he was honorably discharged after serving 13 years and being a veteran. He was in many places during his time in the Army including Desert Storm

BTW WHAT DID THEY MEAN CASE CLOSED. ITS EITHER PENDNING APPROVED OR DENIED?

[Brother Hesekiel 2,236]

They f'd up, royally, then they f'd you.

An I-751 cannot be closed; it needs to be decided upon, one way or another. You should not have filed again; you should have contacted your congress person. Now, however, you should file your N-400.

That said, I expect you'll receive your NOA1 soon, and then a letter informing you that your (second) I-751 was submitted way too late and then the BS really hits the fan.

[AlmaD 2]

JustBob, I was really waiting for your comment. Althoung, sometimes your answers are not the ones we are looking for, they really hit the nail. Maybe yo can tell me why all the ooficers I talked to say that my case was closed and that I need to re-filed again? Do you think I should go ahead and file for N-400 I qualify based in the 3 or 5 years it doesn't matter because we have been married more than that. I have my first NOA as a proof that I filed my first I-751. Thanks

Thanks to all for your input!

They f'd up, royally, then they f'd you.

An I-751 cannot be closed; it needs to be decided upon, one way or another. You should not have filed again; you should have contacted your congress person. Now, however, you should file your N-400.

That said, I expect you'll receive your NOA1 soon, and then a letter informing you that your (second) I-751 was submitted way too late and then the BS really hits the fan.

[Brother Hesekiel 2,236]

Maybe yo can tell me why all the ooficers I talked to say that my case was closed and that I need to re-filed again? Do you think I should go ahead and file for N-400 I qualify based in the 3 or 5 years it doesn't matter because we have been married more than that. I have my first NOA as a proof that I filed my first I-751. Thanks

Thanks to all for your input!

Alma,

I don't have a clue why your case was closed, yet I'd love to know. Did they approve it? Most likely not, as they would have mailed the new GC. Did they deny it? Also unlikely, as they would have then started removal proceedings against you. So what could have happened? They moved your file from one drone station to the next drone station, and either none of the drones could find it anymore or some drone just put a stamp "closed" on it, which makes no sense. If so, they could have crossed out the stamp and reactivated it. I therefore believe they misplaced it, somewhere in our beautiful America. It's out there, probably under a stack of files but nobody knows where.

The request to file again I cannot accept. What I would want is the reason why after so many months (or is it years?) nobody decided upon my case. I would have involved my congress person and started a formally inquiry. I probably would still do it: write a letter describing USCIS's screwup to the wife of an honorable member of the armed forces, and all the nonsense stories, and get to the bottom of this. Phone conversation to drones don't get you anywhere.

At the same time I would file the N-400. As a Brit this is a no-brainer. You can file based on your marriage 3 years after becoming an LPR. If you have been a LPR for 5 years, that would imply that they are f'ing around with your I-751 for over 3 years now. Hard to believe. However, if that's the case, you file not based on marriage, as it's easier. It will force-feed the adjucation of your (second) I-751.

I still would want to find out, in writing, what happened to the original ROC file. Maybe a formal letter to the director of the USCIS in charge would do wonders.

What you also want is Jim's input. He has an insight in the inner workings of USCIS that I simply don't have.

Edited May 23, 2010 by Just Bob