I-751 Pending and now in Limbo

[brimestone 0]

[ reposted from a different forum ]: Original Posting Date: 06-14-2013

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I just came from the the USCIS field office in my area and basically, my Wife Extension has expired and we don't know if we got approve nor denied.

Complete Story:
[ June 2012 - I-751 Filled ] after a few weeks, we received an extension letter and was able to travel outside of US.
[ March 2013, Field office Interview ] Interview went well, office told us they just going to review "formalities" and should get it in a month or less.

[ June 1 2013, Check for $590.00 received ]: Check came from United state Treasury with no explanation, just the WAC*** number that correspond to the case. Started calling USCIS and they suggested to contact local field office because they don't have any information. Also called the Treasury office and all they can tell is that the check was issued due to a request that came from my local immigration office and it has something to do with a "Service Error".

Got an infoPass and talked to an officer ( Relatively helpful ) and all he can tell us is that the case is "Close" and that the documents are on its way somewhere for registration/safe keeping. Basically, he can't tell us if we got denied nor approved. What they are going to do is to request the documents back for review and they will contact us "soon".

Just to point it out there, the marriage is bona fide ( we now have a 4 year old son [ US Citizen ] ).

This is so frustrating, me and my wife couldn't go anywhere for our 5 year anniversary because of this.

We have an appointment with a Lawyer next week and thought i would like to share our experience about this matter.

I could not wish this to happen to someone else, even to my worst enemy, it's just too frustrating.

[ reposted from a different forum ]: Original Posting Date: 07-09-2013
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Update

I find it too amusing how they ( USCIS and Local field Office ) handled this case. After a month from the InfoPass mentioned on my earlier post, our documents still sits in storage. Not only the they F*cked this up, they are so disorganized.

I spoked to multiple level 2 USCIS officer, and they told me that my wife should have gotten a category IR6 instead of a CR6 GC. Since the interview of the AOS happened 3 days AFTER second year wedding anniversary.

One of the officer pointed out that we should submit form I-90 and check "USCIS Service Error" stating the following facts.

I-751 was submitted and was "Administratively Closed" the same week of our second interview back in March 18 2013
I-751 fee was returned after 1 year of the date of filing. Based on the United State Treasury, it was requested by the San Francisco Field office in reference to a "Service Error"
Adjustment of Status Interview occurred 3 days from our second Wedding Anniversary. Date of Marriage: 06/20/2008 - Date of AOS Interview 06/23/2010 )

Then another USCIS agent told me that he is going to send an inquiry to the San Francisco Field office and figure out the hold up.

Should i go ahead and submit form i-90?

Has anyone experienced this?

Edited July 13, 2013 by brimestone

[brimestone 0]

A letter came today stating that our I751/CRI-89 application has been "Administratively Closed/Denied" back in March ( 03/18/2013 ) which was the same day or our second interview. If this is in fact valid, we never received anything back in March or April from USCIS.

The letter was referring to an OLD Receipt Number. When USCIS forwarded our case to the Local San Francisco field office, they issue us a complete new Receipt number. Officially, all correspondes shall point to this "new" Receipt number which at this point still says "Initial Review".

Is anyone in USCIS doing their jobs right?

[Hypnos 6,576]

You should contact the DHS Ombudsman using their online form DHS-7001: https://cisomb.dhs.gov/oca/form7001.aspx

[TBoneTX 45,324]

*** Thread moved from CR-1 Process forum to the Case Progress subforum. ***

*** Edit: Thread subsequently moved to the ROC forum -- OP is at that stage. ***

Edited July 14, 2013 by TBoneTX

[Nimaan 27]

A letter came today stating that our I751/CRI-89 application has been "Administratively Closed/Denied" back in March ( 03/18/2013 ) which was the same day or our second interview. If this is in fact valid, we never received anything back in March or April from USCIS.

The letter was referring to an OLD Receipt Number. When USCIS forwarded our case to the Local San Francisco field office, they issue us a complete new Receipt number. Officially, all correspondes shall point to this "new" Receipt number which at this point still says "Initial Review".

Is anyone in USCIS doing their jobs right?

What I am understanding is that you had the intial AOS Interview 3 days after your 2 year marriage anniversary. This means that you should have gotten a 10 yr green card to start with. When the 2 yr card showed up, you were supposed to file the I-90 right away noting USCIS made a mistake.

Now when you filed for the 10 yr card, USCIS realized their mistake and that's why they sent you the refund and closed you apication for the 10 year card.

Why don't you go ahead and file the I-90 (make sure you make a copy of the green card) so they can send you the right card? Send your marriage certificate and notice of your first AOS interview noting interview was 3 days after 2nd wedding anniversary.