Strange problem - N400 on hold

[Shakil 4]

Hi fellow VJers,

I have encountered one strange problem. I had an interview on 19th of Oct at Santa Ana. It was at 11 AM. I got there on time, checked in. Got called in at 11:30. The officer was nice and pleasant. He went through my application, checked some stamps on my passport as I have traveled quite a bit for work. He asked me what do I do etc. Went on asking me civic questions and written and reading test. After he was done, he said your I-130's approval was not in the file but you certainly have a green card so your I-485 was approved. He said until that I-130 is not approved, I cannot approve your N-400. He said, it would take a few weeks as the officer who adjudicated your application for I-485 should have approved I-130 before approving I-485 but he did not. He said wait for a few weeks before contacting us again. Anyone else been through this?

[nwctzn 55]

Hi fellow VJers,

I have encountered one strange problem. I had an interview on 19th of Oct at Santa Ana. It was at 11 AM. I got there on time, checked in. Got called in at 11:30. The officer was nice and pleasant. He went through my application, checked some stamps on my passport as I have traveled quite a bit for work. He asked me what do I do etc. Went on asking me civic questions and written and reading test. After he was done, he said your I-130's approval was not in the file but you certainly have a green card so your I-485 was approved. He said until that I-130 is not approved, I cannot approve your N-400. He said, it would take a few weeks as the officer who adjudicated your application for I-485 should have approved I-130 before approving I-485 but he did not. He said wait for a few weeks before contacting us again. Anyone else been through this?

Indeed a strange problem. As the officer said, I would wait for one or two weeks and definitely follow up either with a call or an infopass. Best of luck and please keep us posted.

[OKflyboy 35]

And it did not strike you as odd in the past 3 or 5 years? You should have gotten the NOA for approved I-130, shouldn't you? I just don't get it how you could not have known that...

Of course, I did my I-130 and AOS separately, so maybe I'm missing something.

[Shakil 4]

Indeed a strange problem. As the officer said, I would wait for one or two weeks and definitely follow up either with a call or an infopass. Best of luck and please keep us posted.

Thanks, I guess I dont' have any other option than to wait for a couple of weeks.

And it did not strike you as odd in the past 3 or 5 years? You should have gotten the NOA for approved I-130, shouldn't you? I just don't get it how you could not have known that...Of course, I did my I-130 and AOS separately, so maybe I'm missing something.

I thought when I had my green card that obviously my I-130 would have been approved without that I-485 doesn't get approved.

[Jessica24 3]

There is no other option but to wait for a few weeks as advised by the immigration officer. It is indeed strange that you did not notice this issue till this day.Please keep us informed as this is one strange situation.

[NickD 202]

Sounds like a USCIS paper screw up and you have to pay the price. Very first form to fill out is done by the petitioner, the I-130, least by an LPR or a US citizen, natural born or naturalized. Had to fill out two of those, one for my wife and another for her daughter. Still have copies of the originals plus the two NOA's I received from the USCIS that my I-130 applications were approved. Does your petitioner still have these?

That piece of paper is an original USCIS document, if they lost their copy, no problem, I have the original document here, did this on the strong advice from my immigration attorney at the time, have complete document identical copies of everything we sent into the USCIS. When I was told over this process that our applications were "misplaced" three times, just said no problem, I have identical to the originals here, maybe that is the reason why they found them, but with added help from my senators office.

Your IO did say your I-485 has been approved, it must be, you have your green card. Was this a conditional green card? And did you also get your ten year card afterwards? If so, even more proof they had or once had proof that the I-130 was approved.

I believe that wait a couple of weeks like I believe in Santa Clause coming down my real fireplace chimney, in situations like this,can take months if not years for them trying to find a piece of paper they misplaced. Could wait a couple of weeks, but better call your senators office if your senators office does indeed have an immigration department. Some don't. Thank God, we have two senators to choose from or we would still be waiting.

Obviously the I-130 was approved, and why is this so-called nice guy making an issue out of it? I do feel deep down, he is not very nice, USCIS is always losing stuff, but when they do, not their fault, you pay the price. But hopefully someone has that original NOA from the USCIS stating that his/hers petition for you was approved. If so, do not sent that original, just a copy of it, suckers will also misplace your original, then you will be screwed.

Was a good thing I kept all of my original military records, had a fire in St. Louis were they were all destroyed, never would have received VA benefits without those originals. Stuff they don't lose is my W-2's and 1099's, property tax assessment bill, registration on all of my vehicles, and even keeping track of my dog to make sure I renew his license each year. This all so they can take money out of my pocket and put it in theirs.

[Shakil 4]

Well NickD, let me tell you a little bit of history. My wife filed for I-130 when I was in Canada. Eventually I got an H-1 and moved to the US and filed for I-485. We had our interview in Feb 07 which I thought went well. I received a transfer notice from CSC that my case was being transferred to some office address that didn't exist before the interview. Nonetheless, I had the interview for I-130 and I-485 along with my wife but was put in administrative processing/supervisor review. At the end of that interview I was told to wait 4 weeks for a decision as well. After that, I contacted Senators/Reps to try to resolve the issue. Even wrote to Laura Bush's office but all of them said that my file was in supervisor review / background check etc etc.. Eventually in August of 08, I filed a writ of Mandamus for the USCIS to adjudicate my application. That was resolved immediately and I was approved for my GC. Every form has an office use only column on the right side. Whenever USCIS approves any application they have to put approved stamp on it. The USCIS officer that approved my GC app, he faxed me a copy of the top page showing approval stamp so that I may file motion to dismiss my writ of Mandamus. After 10 days or so, I got my green card 10 year one because it was more than 2 years of marriage when my GC app was approved. I never got my I-130 approval. I assumed that since I-485 was approved, there is always a basis for it to be approved so I-130 must have been approved. Now in N-400 interview, he looked at my file along with the I-130 application that my wife originally filed but it had no approval stamp on it. Since it had no approval stamp, it means that it was not approved prior to I-485 approval which is a definite screw up by USCIS. Right now, wait a couple of weeks is kinda same response that I got after my I-130 and I-485 interview back in Feb 07 which was not resolved until 1.5 years. Nonetheless, it seems like my options are limited right now so I am waiting. On the side note, after the interview I called the USCIS service center and they transferred me to the second level officer who told me that this is a definite screw up and I should take an attorney and go to the USCIS office and 'raise hell'. I did go to the USCIS office but without an attorney and was told the same story of waiting a couple of weeks.

[NickD 202]

Well NickD, let me tell you a little bit of history. My wife filed for I-130 when I was in Canada. Eventually I got an H-1 and moved to the US and filed for I-485. We had our interview in Feb 07 which I thought went well. I received a transfer notice from CSC that my case was being transferred to some office address that didn't exist before the interview. Nonetheless, I had the interview for I-130 and I-485 along with my wife but was put in administrative processing/supervisor review. At the end of that interview I was told to wait 4 weeks for a decision as well. After that, I contacted Senators/Reps to try to resolve the issue. Even wrote to Laura Bush's office but all of them said that my file was in supervisor review / background check etc etc.. Eventually in August of 08, I filed a writ of Mandamus for the USCIS to adjudicate my application. That was resolved immediately and I was approved for my GC. Every form has an office use only column on the right side. Whenever USCIS approves any application they have to put approved stamp on it. The USCIS officer that approved my GC app, he faxed me a copy of the top page showing approval stamp so that I may file motion to dismiss my writ of Mandamus. After 10 days or so, I got my green card 10 year one because it was more than 2 years of marriage when my GC app was approved. I never got my I-130 approval. I assumed that since I-485 was approved, there is always a basis for it to be approved so I-130 must have been approved. Now in N-400 interview, he looked at my file along with the I-130 application that my wife originally filed but it had no approval stamp on it. Since it had no approval stamp, it means that it was not approved prior to I-485 approval which is a definite screw up by USCIS. Right now, wait a couple of weeks is kinda same response that I got after my I-130 and I-485 interview back in Feb 07 which was not resolved until 1.5 years. Nonetheless, it seems like my options are limited right now so I am waiting. On the side note, after the interview I called the USCIS service center and they transferred me to the second level officer who told me that this is a definite screw up and I should take an attorney and go to the USCIS office and 'raise hell'. I did go to the USCIS office but without an attorney and was told the same story of waiting a couple of weeks.

Just reviewed three Form I-797 Notice of Action forms on my computer, stating that my applications for the I-130 have been approved. Did that just to make sure I wasn't cracking up. I gather your wife never received one of these. I know I have the originals locked up, but much easier to find on the computer.

Two of our three misplaced applications were lost for the same reason as yours, USCIS is constantly changing offices and service centers. Feel this has something to do with work load, in the private industry, people are laid off for the same reason. I did first contact my attorney, he is good and honest, he suggested rather than pay more fees to contact my senators office. Just didn't pick up the phone in a state of rage, had to be well prepared, needed either my wife or stepdaughter near by to get their permission to speak in their behalf. Also faxed that privacy disclosure letter. And since my senator loves to talk about family values, politely stated, this is my family, and what affects them certainly has a strong affect on me as well. Even sent in a campaign contribution, wasn't in the Wall Street class, but still a lot cheaper than hiring an attorney.

It was acknowledged and appreciated, even to the point of inviting my wife and myself to one of those campaign dinners, our senator met my wife and commented that she was worth fighting for.

What really makes your case ironic is that what separates you from me, we have the same historical and cultural background. But there is an imaginary line, the 49th Parallel that has never been officially declared, just a hand shake after the war of 1812. You happen to be from the north side of that line.

Figured there was more to your story, thank you for sharing it. Sounds like you already have some documentation, should give the USCIS two weeks, but if no reply, e-mail copies of those documents to your senators office. That is what I did so we were on the same page. Can only visualized. the officer that reviewed that I-130 first thing in the morning at 8:00 AM, then 8:10 AM came along for the first break, he/she came back and forgot all about your wife.

[Brother Hesekiel 2,236]

The worst that can happen is that they approve your I-130 now, make you a resident, this time formally, and then, in 2014, you file another N-400.

[Shakil 4]

The worst that can happen is that they approve your I-130 now, make you a resident, this time formally, and then, in 2014, you file another N-400.

Correct. That is the worst that can happen. Nonetheless, if it does happen then there will be a big law suit coming from my end.

[NickD 202]

Correct. That is the worst that can happen. Nonetheless, if it does happen then there will be a big law suit coming from my end.

Lawsuits certainly entered my mind, like delaying your application for evidence not even listed as required. Then you are just dealing with one IO, plus lawsuits can get to be expensive and cause even more delays.

Ironically, can only wonder with the two IO's that gave us grief were prejudice, judging by both their race and apparently, immigrants themselves for their inability to speak English. And could easily assume they were picking on my wife and stepdaughter because they are "white". Just let them deal with my senators office to let them justify their claims. As I said before, with any government agency I have dealt with where certification is required, always met with a board. With the USCIS, just one person, that isn't right. No one person should have that authority over you.

One thing I would love to do, is to take our government to court, for charging me outrageous fees for services that I have never received. But can't do that alone.

The two words I got from the USCIS were "misplaced" and "miscommunication", but only one, we are sorry.

[Shakil 4]

Well.. my case status changed twice today. Once a RFE is issued then a response to RFE was received, neither of them I received. I called the USCIS number at 5:55 pm today, by the time I got to the second level and explained the problem it was 6:05 pm, she said that your N-400 is approved as of 6:03 pm which was two minutes ago She said that the online status takes a day to update so don't worry, you will now receive an oath letter.