Still waiting on the ROC since 02/12

[And_Sam 44]

Hello all,

Not sure if you guys remember us. Wife US citizen and husband from Egypt.

Sent in application for ROC on 02/22/12

RFE in 10/2012

Interveiw 02/13/2013

Stuck in space somewhere since then

Well after multiple phone calls, infopasses, Congressional inquiries and last but not least Ombudsman inquiry in July 2013

we have FINALLY heard from USCIS!!!

And would you believe the officer who interviewed us for the ROC interview is REQUESTING more evidence!!! To be specific she is now asking for copies of online communitcations between myself and my husband from the time we met until we got married! We are talking the time frame of June 2008 to June 2009!!!

WE TURNED ALL THAT IN FOR THE INITIAL CR1 VISA!!!!! We are talking back in 2009 and the interview (which I attended) in 2010!! The man has been the US with me since his arrivial on April 18, 2010!!

Sooo to appease them I am now searching in my back files (paper AND computer) for old emails from and to each other. Luckily my husband is as much of a hoarder as I am because he had just about all the emails I sent to him to where I didn't have the emails but I have proof of text messages I sent to him during that time frame. Of course, skype and yahoo chat logs aren't kept for that long but somewhere I have a paper copy of it that we took to the interview in Cairo. I will find it!!!

Also the officer is wanting wedding pictures showing us and friends and family. NO PROBLEM on that one!!!

So beware, if you think that showing a common domicile, joint checking and savings accounts, medical, co-owner on 2 cars, joint names on utility bills, etc is enough, DON'T BE FOOLED!

My husband even tried to apply for citizenship in April of this year since he was technically in the US living with me he qualified. Guess what! They wouldn't accept it because he was missing important thing! An UNEXPIRED Green card!! So even applying for citizenship while waiting for adjudication for ROC doesn't work!!!

Now in saying that, please keep us in prayers as we hopefully get through this nightmare. I don't know if they thought doing this would weaken our relationship but it didn't!!!

[Harpa Timsah 13,258]

Did you have a Stokes interview in February? How did that go?

[And_Sam 44]

It wasn't a "stokes" interview because they never separated us. Basically I think they did that because they never acknowledged the RFE we sent in October 2012 and they were out of "normal processing" time.

That went really well. The officer kept saying well you two definitely have alot of evidence and she kept saying you will hear our decision in 30-60 days after the interview. The one thing that she asked for that we didn't have with us in the office but I had out in the car was our photo album with our wedding pictures. I only took in a small photo album with us on vacation, spending time with family during the holidays, traveling while he has been here in the US. Never did I dream they would want something that was presented at the initial interview when we applied for the visa.

Well when it was past the 60 day mark for the interview we started calling to inquire why we haven't gotten a decision yet. It had been a year since the application been sent. That's when we started to get "well the 30-60 days is only a guideline, not written in stone. The next thing you know, we had to make an infopass because the extension letter was getting ready to expire and didn't have any proof he was able to live and work legally so we went in and got the 155 stamp in his passport. Which expires in April 2014.

[victorian221b 12]

Wow, sorry to hear you have to go through this! Good luck!

[EM_Vandaveer 2,417]

The part I don't understand is needing an unexpired GC for filing N-400. I don't have a personal experience with this, but it looks like plenty of people on VJ did file their N-400 (based on marriage) BEFORE the I-751 was adjudicated. I would assume one would send a copy of the expired GC and a copy of the I-751 NOA 1, which is a 1-year extension of the GC, right?

That would definitely push USCIS to make a decision on the I-751....

[And_Sam 44]

The part I don't understand is needing an unexpired GC for filing N-400. I don't have a personal experience with this, but it looks like plenty of people on VJ did file their N-400 (based on marriage) BEFORE the I-751 was adjudicated. I would assume one would send a copy of the expired GC and a copy of the I-751 NOA 1, which is a 1-year extension of the GC, right?

That would definitely push USCIS to make a decision on the I-751....

Ok I can see where you don't understand this. when you fill out the I-400 you have to send in a copy of an unexpired Greencard, but at the time of eligibility, his green card was expired and at the time of the interview, the letter only had 2 months before that expired. So when we went back in April 2013, they TOOK away the card completely when they give you the 155 stamp in the passport.

When we asked about the application of citizenship, the IO point blank told us we can always put in the N-400 application but what would happen is that it would sit there collecting dust, until the adjuication was final. Plus they would CASH the check regardless. So if you have money you can just give to the government then do it.

Not good for us.

[bigdog 376]

I think I would see a congressman an attorney, probably both.

[EM_Vandaveer 2,417]

If I were you, I would still file the N-400. The stamp in the passport is proof of LPR status. Send a copy of that. While they're working on the I-751, the immigrant is still in status. The clock is ticking and if someone becames eligible for naturalization they can file for it. I read about cases here when USCIS personnel told someone that they had to wait for the decision on the I-751 first. Nevertheless, they were wrong. You should try to file N-400, IMHO.

Edited October 6, 2013 by EM_Vandaveer

[Dolphinbear 0]

How long was the interview? and how many questions have they asked?

It is way too long for USCIS to process your case.

Hope everything is well.