I-751 RFE REPLY FRUSTRATION

[kiki1 0]

Hello!!I am in the same situation,We sended our paperwork in the end of October and got RFE letter,asking to submit paperwork which we already submitted,but we just send it recently, so I dont know how long its gonna take.But I am sure that you can take info pass and talk to them directly.

[trinh9394 0]

Rfe here too. I got a question for those that applied for n-400 while ROC is pending. What does this do exactly? Our ROC is in pending stage but my wife has been in states for over 3 years. Should we just file N-400 too? or wait until ROC approved? Thanks.

[Steve D. 22]

Ho and I forgot, I went to the USCIS website to see the status of my application and it says the same exact thing when I first filed the application and when it was received. No update! Dot no rely on the website, it is not always updated especially for forms I-751

I think they lost my application as well. It got relocated to if not the worst field offices (LA) ever when it comes to stuff, then no updates even after SR and inquiry by the congressman was replied by the director of USCIS with no explanation what-so-ever.

Sometimes I wonder what our tax money went to feed these monkeys.

[Steve D. 22]

Rfe here too. I got a question for those that applied for n-400 while ROC is pending. What does this do exactly? Our ROC is in pending stage but my wife has been in states for over 3 years. Should we just file N-400 too? or wait until ROC approved? Thanks.

Well technically if you are still married and it's been 3-years since your conditional GC card's "Resident Since" date, then you qualify for applying for citizenship (N-400).

Also, technically they need to have a decision on your ROC before applying for it too.

However, not everybody has their ROC decision made within timely manner, such as mine (1+ year now). To USCIS you can make an InfoPass to get an i-551 stamp on your passport for another one-year extension (think another NOA1).

Problem is, this can go on forever and ever. If citizenship is what you ultimately seek for then by means, if you qualify then go for it. This will speed up your ROC application.

In my case I've exhausted all my options then I contacted my congressman, in which USCIS director told him that they are just going to prioritize my N-400 application instead of my still pending ROC.

Hope this explains to you what happens for those whose ROC is taking forever and qualify for citizenship.

[trinh9394 0]

Well technically if you are still married and it's been 3-years since your conditional GC card's "Resident Since" date, then you qualify for applying for citizenship (N-400).

Also, technically they need to have a decision on your ROC before applying for it too.

However, not everybody has their ROC decision made within timely manner, such as mine (1+ year now). To USCIS you can make an InfoPass to get an i-551 stamp on your passport for another one-year extension (think another NOA1).

Problem is, this can go on forever and ever. If citizenship is what you ultimately seek for then by means, if you qualify then go for it. This will speed up your ROC application.

In my case I've exhausted all my options then I contacted my congressman, in which USCIS director told him that they are just going to prioritize my N-400 application instead of my still pending ROC.

Hope this explains to you what happens for those whose ROC is taking forever and qualify for citizenship.

Thanks for the clarification. I guess I'll send in my RFE package and wait to see what happenes. If it drags on, we'll apply for n-400.

[rocks 494]

I think they lost my application as well. It got relocated to if not the worst field offices (LA) ever when it comes to stuff, then no updates even after SR and inquiry by the congressman was replied by the director of USCIS with no explanation what-so-ever.

Sometimes I wonder what our tax money went to feed these monkeys.

Your visa fees go to pay for this.

Sorry you're having trouble. Good luck with naturalization.

[Steve D. 22]

Thanks for the clarification. I guess I'll send in my RFE package and wait to see what happenes. If it drags on, we'll apply for n-400.

Make sure you qualify. You can check your qualification here: http://www.uscis.gov/files/article/chapter4.pdf (warning: PDF)

[trinh9394 0]

Make sure you qualify. You can check your qualification here: http://www.uscis.gov/files/article/chapter4.pdf (warning: PDF)

Thanks for the tips Steve. I checked that list and we fall under this qualification "If you are at least 18 years old and:

Are currently married to and living with a U.S. citizen;and Have been married to and living with that same U.S.

citizen for the past 3 years;and Your spouse has been a U.S. citizen for the past 3 years."

Regarding permanent residency, it just states you must be a permanent resident for 3 years. It doesn't say if you have to have ROC approved or not. As long as my wife is in status (one year extension, subsequent I-551 stamp if need), she is still a permanent resident right? Regardless if ROC is approved yet? Maybe I'll go check the N-400 forums and see if anyone has taken this route.

[Steve D. 22]

Thanks for the tips Steve. I checked that list and we fall under this qualification "If you are at least 18 years old and:

Are currently married to and living with a U.S. citizen;and Have been married to and living with that same U.S.

citizen for the past 3 years;and Your spouse has been a U.S. citizen for the past 3 years."

Regarding permanent residency, it just states you must be a permanent resident for 3 years. It doesn't say if you have to have ROC approved or not. As long as my wife is in status (one year extension, subsequent I-551 stamp if need), she is still a permanent resident right? Regardless if ROC is approved yet? Maybe I'll go check the N-400 forums and see if anyone has taken this route.

I'm the same boat and trust me, as long as you are still married after 3 years of the original conditional GC's "Resident Since" date, minus 90 days, then you qualify for it. I filed mine 2 years and 10 months from the original conditional GC's "Resident Since" date and they accepted my N-400.

Bottom line is although there are no mention where the ROC has to be approved prior to this, they assumed it is approved as they were expecting ROC applicants to have their applications done in less than 6 months. Now it's averaging 10 months to a year. We even had a member here who has been married 5 years and had 3 interviews, end up being denied with his ROC and now he's going to see the judge.

Keep in mind sometimes USCIS trolls for fun, well most of the time.

[trinh9394 0]

I'm the same boat and trust me, as long as you are still married after 3 years of the original conditional GC's "Resident Since" date, minus 90 days, then you qualify for it. I filed mine 2 years and 10 months from the original conditional GC's "Resident Since" date and they accepted my N-400.

Bottom line is although there are no mention where the ROC has to be approved prior to this, they assumed it is approved as they were expecting ROC applicants to have their applications done in less than 6 months. Now it's averaging 10 months to a year. We even had a member here who has been married 5 years and had 3 interviews, end up being denied with his ROC and now he's going to see the judge.

Keep in mind sometimes USCIS trolls for fun, well most of the time.

Hey Steve, when you applied for your N-400, did you still have your expired GC in hand? What I mean is how did you prove you were still a resident in good status? Don't they take your GC if you go get an I-551 stamp? Or you just gave photocopy of passport with I-551 stamp? Should I go photocopy my wife's GC ahead of time?

[Steve D. 22]

Hey Steve, when you applied for your N-400, did you still have your expired GC in hand? What I mean is how did you prove you were still a resident in good status? Don't they take your GC if you go get an I-551 stamp? Or you just gave photocopy of passport with I-551 stamp? Should I go photocopy my wife's GC ahead of time?

Of course, among the NOA and bunch of stuff I've gathered regarding my ROC application as well, i.e. the letter from the congressman and the USCIS director, SR response and such.

When I go get my i-551 stamp, all they asked was the expired GC, my NOA and the passport. They didn't even bother to look at the SR I got from the office. They didn't took anything away, and I gained an I-551 stamp afterwards. However the conditional GC will be taken away at either my N-400 interview or the oath ceremony.

However I got the i-551 AFTER I put in my N-400 application. Bottom line is they know your status, and if they want to see they will ask you to bring them to the N-400 interview, in which they do ask to bring all the original documents.

Edited June 29, 2012 by Steve D.