Stalled at the Finish Line

[stockmktgenius 0]

My wife had her final interview for citizenship April 11. She had her interview before having had her Green Card for 3 years- that time was up April 28. The interviewer was nice and my wife passed her test. No additional information was requested. The interviewer gave her a "no decision can be made at this time" letter. He said there was just one thing-he would have to count that she was in America long enough to qualify. (We always made it a point to stay in the U.S. 7 months a year. It only takes 6 months a year to qualify, and I wrote all the dates she was here and abroad on her N400, so it should have been easy to see she qualifies.) The interviewer said he would get back to her in a week or two, and she should be sworn in by early May. It's now been THREE WEEKS and we have not heard from him. What should I do? Write him a note reminding him of her? See my Congressman? Wait a while longer?

[warlord 73]

My wife had her final interview for citizenship April 11. She had her interview before having had her Green Card for 3 years- that time was up April 28. The interviewer was nice and my wife passed her test. No additional information was requested. The interviewer gave her a "no decision can be made at this time" letter. He said there was just one thing-he would have to count that she was in America long enough to qualify. (We always made it a point to stay in the U.S. 7 months a year. It only takes 6 months a year to qualify, and I wrote all the dates she was here and abroad on her N400, so it should have been easy to see she qualifies.) The interviewer said he would get back to her in a week or two, and she should be sworn in by early May. It's now been THREE WEEKS and we have not heard from him. What should I do? Write him a note reminding him of her? See my Congressman? Wait a while longer?

6 months to qualify for what? You need to have many qualifications, duration of time, purpose of extended trips (yes even if its only a few weeks or a month). Lots of 5 month trips as it seems you stated (stayed 7 months every year) could mean the IO wants to investigate that for a) the time actually spent in the US, b) the nature of the trips to see if i) continuous residency was broken or ii) if the Green Card was abandoned.

The only thing 6 months means is that before 6 months the IO has to prove you broken residency and it could be possibility what they are looking into. And it's the first few days of May, just because they say it could take a week or two doesn't mean they HAVE to take that short of time. They could take a lot longer depending on the evidence they find of the nature and exact durations of these 5 months a year your spouse was out of the US each year.

[stockmktgenius 0]

Warlord, Thanks for replying. We were never gone longer than 3 months, but we took two trips abroad each of the 3 years we needed to qualify. Partly this was because my wife's parents are elderly and sometimes ill. Partly just for fun- we have the money and time to go abroad, so why not? But yes I suppose USCIS might inquire as to whether we are serious about US residence- so many things in the process are ambiguous and can be interpreted in a negative or a positive way. I thank you for your opinion. I read all the posts with similar problems (not hearing back from USCIS after interview) and it seems like most get resolved and a letter arrives in 3 to 5 weeks, and probably ours will as well. I'll let everybody know. Meanwhile, anybody else with another opinion? Love to hear.

[stockmktgenius 0]

At the risk of boring you all, let me give the strategy we followed: The USCIS rules are that you have to be in the country 6 months a year to qualify for citizenship after 3 years if married to a US citizen. So we stayed in America 7 months a year, and figure that'll be enough. We followed their ules completely, and whether our taking vacations 5 months a year causes us problems has yet to be seen. Hope not!

[Szilvia74 3]

So does she meet the physical presence requirement of eighteen months (within the 3 years)?

[Brother Hesekiel 2,236]

USCIS can determine that somebody has violated their terms of residency, even if they were out of the US less than 6 months of a year. They have the right to look into this, and they have the right to take their time. If the 6-month thingi were such a written-in-stone rule, any LPR could stay out for 179 days per year, every year, and tell the CBP at the border to suck his toe. Not so. Frequent absences from the US or absences that indicate a pattern that in itself would indicate an abuse of the Green Card can be deal breakers. I don't think that's the case here, but I agree that the I.O. is taking his time to look into this.

[stockmktgenius 0]

She's been in the U.S. 21 months (7 months a year) over the past 3 years- far more than the 18 months she needed. No abuse of Green Card rules here. Today, we decided to informally write her interviewer a note and ask him re her status. He had told her she'd hear back from him in a couple weeks, and it's now been 3 weeks and 2 days. Of course, this length of time is laughable to those who have waited months and years. But it's still 50% longer than he said she'd be waiting. This is all I intend to do until 5 weeks or so pass. Then perhaps I'll visit my Congressman. He was helpful another time when USCIS failed to get back to us much earlier in the process. USCIS answers my Congressman right away, no need to wait for all that 120 days nonsense. But for now, I prefer to not contact anyone outside the process, just remind the interviewer we're here and hope we'll get done as a result. I'll let you all know how this works...

[Kathryn41 3,205]

It could be that they are also waiting until they can also send your wife an actual Oath Ceremony date along with the approval letter. Were any of those 3 month visits back to back such as from Oct to Dec year A and Jan to March year B so that it is a cumulative 6 month time period or were they 3 separate trips? That is the only real concern I can see with the out of country visits. I really suspect it is more a matter of scheduling her for a ceremony and sending both notifications at the same time.

Good luck. I hope you hear something soon.

[warlord 73]

Warlord, Thanks for replying. We were never gone longer than 3 months, but we took two trips abroad each of the 3 years we needed to qualify. Partly this was because my wife's parents are elderly and sometimes ill. Partly just for fun- we have the money and time to go abroad, so why not? But yes I suppose USCIS might inquire as to whether we are serious about US residence- so many things in the process are ambiguous and can be interpreted in a negative or a positive way. I thank you for your opinion. I read all the posts with similar problems (not hearing back from USCIS after interview) and it seems like most get resolved and a letter arrives in 3 to 5 weeks, and probably ours will as well. I'll let everybody know. Meanwhile, anybody else with another opinion? Love to hear.

Ok, I was thinking you were both gone 5 months every year and that can always raise flags. But every situation is different for everyone and every IO is different as well. They could be reviewing these trips more in depth before making a decision to make sure, or it could be just as simple as a backlog which happens all the time as well. It's not unusual for people to wait months for things from the INS when told it would only be a few weeks.

Some have had luck just making a simple Infopass appointment and getting them to quickly check. I wouldn't worry too much right now, but in a few months if you haven't received anything some have had things resolved with local congressmen. Again, no one can be sure how effective this is as people who don't have things resolved by them rarely will post anything about it, compared to those that have had luck. But I do know that it has been successful to some at least in the past.

If they do find something odd or something in question, they'll let you know and you'll have time to clear that up with them. Unfortunately this is the USCIS so nothing is ever done in a perfect timeline...

[stockmktgenius 0]

Thanks to both of you for your thoughts. No, every trip was separate, one for two months, one for three. Only thing might be a problem is that they were all to my wife's home country. Her parents are old and her mom isn't well. Plus, we have friends and other relatives we like to see. But we stuck to the rules, so I imagine (hope!) things will work out.

Today I mailed a letter to the interviewer, written by me and re-written by my wife. I didn't send it Fedex, didn't send it Certified or return receipt. Just made it a personal letter from my wife to the interviewer, sent regular mail. She recounted what he had said, asked for an update, and said she's writing because becoming a citizen is the best thing that's ever happened to her. It's possible he was waiting till her 3 years were up to mail her letter- that happened April 28. Perhaps he had set aside her file, but then forgot about it April 28- you just never know. So we sent a personal letter. It's my judgement this is a better idea than an Infopass, which would involve another official looking over his shoulder (and might cause our interviewer to feel defensive). So we won't do anything more- for now. Then, if another month or so passes and we still haven't heard, we'll go see our Congressman. Those guys always get immediate replies.

By the way, tried calling the 800 number of USCIS- just impossible to talk to anyone there, if there even is anyone there. Tried following instructions, tried pressing 0, tried pressing nothing, nothing worked. Why don't they just tell people there's nobody here?

[Kathryn41 3,205]

Ah, if she had her interview prior to the 3 year qualifying time, then yes, they would not be able to make a decision until she had fulfilled all of the requirements - including the 3 year time frame. That does add a whole different dynamic to the situation.

I suspect your letter will get you the information you request if it does not, in fact, pass in the mail the letter providing the approval, effective April 29 - which really was only 3 business days ago. I hope you hear something within the next few days.

[brokenpieces 0]

I was reading your posts and i felt like its quite similar to my case. I had my interview April 24 and i passed the test. But the IO questioned me why i stayed outside the country for 5 months last year. She ask additonal document. I told her my father and brother is sick. I was asked to give proof. I already sent the documents they needed but until i did not get any letter that they got my documents. I am just confused.

[stockmktgenius 0]

I was reading your posts and i felt like its quite similar to my case. I had my interview April 24 and i passed the test. But the IO questioned me why i stayed outside the country for 5 months last year. She ask additonal document. I told her my father and brother is sick. I was asked to give proof. I already sent the documents they needed but until i did not get any letter that they got my documents. I am just confused.

Newbie, The rule is that you have to be in America 6 months a year. You and my wife were here 7 months a year. I don't think it should matter if you traveled to see sick relatives or you traveled for pleasure- you and my wife were here long enough to qualify. So my best guess is that all this will work out in the next few weeks. Our letter to the interviewer should have arrived 2 days ago and I hope he'll look at her file if he hasn't already, and send her an invitation to be sworn in. One of my favorite quotes is from Will Rodgers, who said, "I've had a lot of troubles in my life, and most of them never happened," meaning most things we worry about don't ever take place. Probably you'll be fine and my wife will be fine. I'll keep you updated and you do the same, okay?

[stockmktgenius 0]

STILL no word from Immigration. I AM GOING CRAZY!!! My wife wrote the interviewer a week ago, said you told me you'd notify me if there were any problems and that I should expect to be sworn in beginning of May. Please tell me my status. He hasn't answered. So now our lease is up the end of this month, we had hoped to leave and do some traveling, but can't without her finishing up her citizenship. But also can't stay- at least here. So don't know what to do. There's nobody to call. We only applied Feb 1- 3 months 10 days ago- so can't complain to our Congressman. Infopass won't work, as I understand the agent you correspond with will just tell you to wait 120 days.

My best guess at this point, based on nothing, is that we'll have to wait 5 months total. Why? Because that's the average for our center, and usually you end up at the average of everything. Sure is a bummer not to know anything and not to even be able to ask anyone! Anyone else been here?

[NickD 203]

Senators are far more equipped to handle immigration problems than congressman, have a six year term. You have two of them, check out their sites to see if either one or both have an immigration department.

Yes we been there, four times.

Misplacing my I-130 for my step daughter, she got her green card 45 days after her mom.

I-751 misplaced between that shift between Nebraska and California.

Misplacing my wifes' file after she successfully passed her interview.

Decision cannot be made due to my stepdaughter being accused of battery charges when she was 17 months old, just a couple of months ago.

Each time my senators office got that squared away, and in a big hurry. But took longer for my stepdaughter, we got a new worthless senator in our district that never set up an immigration department, and took my contacts with my old senator to get the other established senator to take us on, and they were overloaded.

Would be nice if the IRS would misplace our 1099's and W-2's, but that never happened to us. Or our property tax collector misplacing our tax bill, that never happened either. Like clockwork.

Want to bet the USCIS is not even checking on your file? Probably buried in a corner someplace.