Waiting Time for Approval to Remove Conditions when no Children

[Bill B 0]

Does it seem to you that USCIS takes longer to remove conditions when the applicant and sponsor filing do not have any children together?

Edited June 13, 2010 by Bill B

[v333k 59]

Does it seem to you that USCIS takes longer to remove conditions when the applicant and sponsor filing do not have any children together?

I doubt it - then it would be discrimination! We don't have children yet and we got approved along with other filers in the same month... I think what matters more to them is the evidence provided to establish a good faith marriage. Some other people have to wait longer for the background check to clear with the FBI...

Edited June 13, 2010 by v333k

[Okalian 41]

Does it seem to you that USCIS takes longer to remove conditions when the applicant and sponsor filing do not have any children together?

Like V33K said, i think it's irrelevant. I've applied with a waiver (no longer married and no children) and I, too, have been approved with similar timeline to others. Did your case get called for RFE or an interview?

[Bill B 0]

Like V33K said, i think it's irrelevant. I've applied with a waiver (no longer married and no children) and I, too, have been approved with similar timeline to others. Did your case get called for RFE or an interview?

Thank you for the replies. No, we have not received anything asking for RFE or interview, just still waiting...I just had a hunch that this may be a key factor they look for and consider a "good faith marriage."

[Bill B 0]

I understand a couple of folks chimed in that they got approved timely without children, but maybe overall my hunch about not having children together is correct for additional delays for some in removing conditions. There is nothing wrong with our package, our lifestyles, or marriage, but yet we are in the February submission group to remove conditions and here we are still waiting...no RFE, etc, while I see many in the March group already approved and even one in the April group approved. We also sent more than enough evidence of our "good faith" marriage. I would hope USCIS does not discriminate in this manner. It seems to me that they should answer why a couple's package takes longer than the average for those submitting in a particular month. I know they put 6 months for the I-751 average processing time to cut down on calls to USCIS, but we all know the times are much shorter than this. It certainly isn't an FBI or other type investigation. We have long crossed that bridge and with our backgrounds that should never be an issue. Anyway, just venting a bit and sharing my feelings with others who don't have children together when they apply for removal of conditions. Take care all.

Edited June 24, 2010 by Bill B

[Kathryn41 3,205]

I don't see how they could set it up to review files in that way. A group of applications comes in and each adjudicator receives a section of files. Their objective is to go through as many files as they can and determine whether they are immediately approvable, require further evidence, require an interview, or are denied. That is 4 categories. To add a condition such as 'have or does not have children' would then make additional categories for the first 3 areas. You would then have to add in another consideration - separate out the applications from those who already have adult children and are not interested (or not able) to start a new family from those who are still young enough to have children. You can see how quickly it becomes unrealistic.

When the adjudicators go through a file, they go through a file - they don't set it down to go through later because the couple doesn't have children and therefore the application must be suspect. If the evidence is sufficient to make a decision when they receive and review the application, they make a decision. There really is no practical way they could separate out applications that have children from applications that don't.. They review the totality of the evidence, of which having children is just one type.

You can chalk the delays up to much more realistic circumstances - some people work faster than others (for whatever reasons) and files become backlogged when adjudicators set aside the I-751 applications to work on other types of applications. As well, some files are bigger and may take more time to read. Some are well prepared and have lots of excellent evidence making a decision quick and easy. Some are smaller and maybe require more attention to see if it does meet the minimum requirements for approval or if more evidence or an interview is required. There are enough variables to explain why some files are approved faster than others.

Children do not a marriage make - USCIS is more concerned in seeing how the couple have co-mingled their financial assets and liabilities rather than if they have had children or not. Children are good evidence that they have at least slept together but there a lot of unwed mothers and fathers around as well so it isn't a singular proof of a marriage.

Edited June 25, 2010 by Kathryn41

[Bill B 0]

I don't see how they could set it up to review files in that way. A group of applications comes in and each adjudicator receives a section of files. Their objective is to go through as many files as they can and determine whether they are immediately approvable, require further evidence, require an interview, or are denied. That is 4 categories. To add a condition such as 'have or does not have children' would then make additional categories for the first 3 areas. You would then have to add in another consideration - separate out the applications from those who already have adult children and are not interested (or not able) to start a new family from those who are still young enough to have children. You can see how quickly it becomes unrealistic.

When the adjudicators go through a file, they go through a file - they don't set it down to go through later because the couple doesn't have children and therefore the application must be suspect. If the evidence is sufficient to make a decision when they receive and review the application, they make a decision. There really is no practical way they could separate out applications that have children from applications that don't.. They review the totality of the evidence, of which having children is just one type.

You can chalk the delays up to much more realistic circumstances - some people work faster than others (for whatever reasons) and files become backlogged when adjudicators set aside the I-751 applications to work on other types of applications. As well, some files are bigger and may take more time to read. Some are well prepared and have lots of excellent evidence making a decision quick and easy. Some are smaller and maybe require more attention to see if it does meet the minimum requirements for approval or if more evidence or an interview is required. There are enough variables to explain why some files are approved faster than others.

Children do not a marriage make - USCIS is more concerned in seeing how the couple have co-mingled their financial assets and liabilities rather than if they have had children or not. Children are good evidence that they have at least slept together but there a lot of unwed mothers and fathers around as well so it isn't a singular proof of a marriage.

Kathryn,

I appreciate the amount of time and insight you placed in your response. As you stated, the four stacks are: immediately approvable, require further evidence, require an interview, or are denied. We have not been denied and given our personal backgrounds and amount of evidence submitted they would not have grounds to do that. We have not been requested for an interview as some of the February submitters were in rather short order after receipt of their packages, we have not received a RFE because we submitted way more than enough evidence of a "good faith marriage," including financial jointness in everything. And obviously we were not in the "immediately approvable" stack--in my mind if we had a child together we would have been in that stack. I have just seen a lot of folks with children get approved a lot faster leading me to my hypothesis. It is sad to think that maybe someone just buried our file and forgot about it knowing we can't really do anything until the 6 month point, all the while they approve Mar, Apr, and soon May submissions. In summary, I guess I don't like the system and feel it could be much better in cases like ours where the backgrounds are impeccable, the jointness on home, car, bank accounts etc have been in place since the beginning of the marriage, numerous certified witnesses, and the evidence clearly points to a valid and "good faith" marriage.

[IncorrectPolitics 26]

Kathryn,

I appreciate the amount of time and insight you placed in your response. As you stated, the four stacks are: immediately approvable, require further evidence, require an interview, or are denied. We have not been denied and given our personal backgrounds and amount of evidence submitted they would not have grounds to do that. We have not been requested for an interview as some of the February submitters were in rather short order after receipt of their packages, we have not received a RFE because we submitted way more than enough evidence of a "good faith marriage," including financial jointness in everything. And obviously we were not in the "immediately approvable" stack--in my mind if we had a child together we would have been in that stack. I have just seen a lot of folks with children get approved a lot faster leading me to my hypothesis. It is sad to think that maybe someone just buried our file and forgot about it knowing we can't really do anything until the 6 month point, all the while they approve Mar, Apr, and soon May submissions. In summary, I guess I don't like the system and feel it could be much better in cases like ours where the backgrounds are impeccable, the jointness on home, car, bank accounts etc have been in place since the beginning of the marriage, numerous certified witnesses, and the evidence clearly points to a valid and "good faith" marriage.

I think sometimes you just get a lazy officer. Remember the immigration officers could care less how long your case takes, they are still getting paid regardless. Also, there is a VJ member with a child and still married but they have been waiting for 8 months.

[maherforever 8]

Kathryn,

I appreciate the amount of time and insight you placed in your response. As you stated, the four stacks are: immediately approvable, require further evidence, require an interview, or are denied. We have not been denied and given our personal backgrounds and amount of evidence submitted they would not have grounds to do that. We have not been requested for an interview as some of the February submitters were in rather short order after receipt of their packages, we have not received a RFE because we submitted way more than enough evidence of a "good faith marriage," including financial jointness in everything. And obviously we were not in the "immediately approvable" stack--in my mind if we had a child together we would have been in that stack. I have just seen a lot of folks with children get approved a lot faster leading me to my hypothesis. It is sad to think that maybe someone just buried our file and forgot about it knowing we can't really do anything until the 6 month point, all the while they approve Mar, Apr, and soon May submissions. In summary, I guess I don't like the system and feel it could be much better in cases like ours where the backgrounds are impeccable, the jointness on home, car, bank accounts etc have been in place since the beginning of the marriage, numerous certified witnesses, and the evidence clearly points to a valid and "good faith" marriage.

I know that waiting is not easy, but the children hypothesis does not really aplly for inmigration or in this case for ROC.

It' is what it is, some people get aproved faster than others; no matter how much evidence you send, you just have to wait and be patient, there's nothing to worry about if your sent enough evidence.

Each case is different, my husband and I don't have any children, our evidence wasn't overwhelming either, however we got approved with no problems.

Your aproval is coming soon....

Maher

[dkrivosheyev 0]

We are in the same boat - have lots of evidence, joint accounts, insurance, cars, etc, but no children (yet!). We filed in March and our NOA1 is dated March 17th. Had biometrics on April 15th and the last time our case was touched, according to USCIS tracking system was April 16th. No touches since, no RFE and no interview request. Many people who filed in March already got approved. I wonder if you theory correct, but also thinking what would happen if we do an infopass and just ask the officer there to check on our case. I know it is less than 6 months yet, however, it worth the try... Our local office is 7 hrs away so I would hate to go there for nothing... I wonder in anybody tried to do an infopass before 6 months processing time and what did they say?

[sasaqlain 24]

Having children is just an added edge and removes some of the concerns regarding an ongoing relationship. Not that it prevents break-ups. Still, there could be other factors at play here that might be delaying your case compared to others. Don't worry. Trust me, if you send out two similar applications, at the same time, to the same office, one will be decided in a month, and the other for no reason migt take 6. Thats USCIS for you. And the scary part is, you can't Question them

Good Luck.