a decision has not been made on your application (after N400 interview)

[jenny2014wu 7]

I apply for 5 y rule, I do see they have all my gc application old file in io s table, before I enter the interview, they already read old files, when I start the interview, they already know about my marriage thins. But the io is very nice,she just ask a little bit marriage things.

My girl friend divorce USC after roc,she got citizen without problem,the officer even never bring the marriage out.

Some officer is nice, some are difficult, but they don't have a reason to deny you.

When you have interview, do you explain everything about the previous marriage. You need to persuade io to trust you ,that is important, it is not just answer what io ask.

[JimmyHou 611]

You can't appeal a decision that has not been made. So there is no appeal avenue for us.

You can't reapply until a decision has been made, the path of the original petition must reach its end.

Yes, we have both been waiting more than a year. We both went through the Atlanta office.

Good luck

It's true that you can't appeal a decision that hasn't been made, but you can file a pretty routine lawsuit and ask a judge to order USCIS to make a decision within a fixed amount of time. This isn't uncommon.

[Murican 1]

I read (somewhwere on this forum) you can go to your senator/representative to find out what is going on (if no decision has been made after 120 days)

Dunno if this applies?

I will wait 5 weeks, if I do not hear from them then I will either call their 800 number or book an infopass appointment to see what the hold up is.

if nothing comes of it, then I will pay visit my representative, I guess this is the best way forward?

[canadian_wife 1,822]

The cost of the lawsuit is not cheap, in fact, it is pretty expensive.

Senators, Infopass, ombudsmans have all been contacted.

Good luck

[JimmyHou 611]

The cost of the lawsuit is not cheap, in fact, it is pretty expensive.

Senators, Infopass, ombudsmans have all been contacted.

Good luck

I'm sure you're right and I hope you get resolution on your case soon.

But technically speaking, the only thing that can FORCE them to issue a decision is a judicial order.

In most cases, the delay is just an oversight and once you take one of the measures you've mentioned, the case gets resolved. I hope that's the case for you.

[DC85 113]

The cost of the lawsuit is not cheap, in fact, it is pretty expensive.

Senators, Infopass, ombudsmans have all been contacted.

Good luck

waiting for more than a year is really unusual . You can file the lawsuit yourself. If you decided to go for that route let me know I can give you a helpful website.

[DC85 113]

I'm sure you're right and I hope you get resolution on your case soon.

But technically speaking, the only thing that can FORCE them to issue a decision is a judicial order.

In most cases, the delay is just an oversight and once you take one of the measures you've mentioned, the case gets resolved. I hope that's the case for you.

what you are descriping is called Writ of Mandamus

However, filing a lawsuit under section 1447b will give the the district court the authority to make a decision on the naturalization application. You can use this section to sue uscis if they failed to make a decision after 120 days of the initial interview.

[JimmyHou 611]

what you are descriping is called Writ of Mandamus

However, filing a lawsuit under section 1447b will give the the district court the authority to make a decision on the naturalization application. You can use this section to sue uscis if they failed to make a decision after 120 days of the initial interview.

I did not realize that this moves the decision from USCIS to the District Court. I thought that the court simply ordered USCIS to render a decision. Thanks for the clarification. I'll have to read up on this.

[canadian_wife 1,822]

I won't file a lawsuit. Really, what's the point. I have my 10 year green card and although I wanted to vote tomorrow, there is no real downside right now to me waiting.

Good luck

[mrgoodguy 5]

"The first things come first" and granting citizenship to a permanent resident is NOT PRIORITY for USCIS at this moment, sorry but its true. In the end of the day, you can still work, travel and "live your life" which is different from people who are ajusting status and need their authorization to work and travel (and that is USCIS priority).

I have read a lot of posting where the person has to wait for a long time for "that decision" or to take the oath. As I have heard the USC process is also very simple and "fast" as I also believe there are officers with different point of views, work mentality, etc.

In a normal world, USC is a very straight forward process based on a very clear criteria and when someone applies for citizenship (following the criteria of course) I personally dont see how someone can have it denied.

However, when red flags may help the delay of a process. Living away from spouse does not look good, lets face it.

[mrgoodguy 5]

Another detail caught my attention on your posting, my friend.

Usually, there are NO interviews with the couple in order to remove conditions and it seems like you and your ex wife had one interview, right ?!. Thats odd. maybe, for some reason, your file have been "red flagged" since day one ?

See, the officer was clearly concern on why you were married but not "living together" as matter of fact, he asked you to write down for "how long you were living together" which shouldnt be even a question for A MARRIED COUPLE!

Anyways, If I were you, I would not push too much man. Wait maybe 6 month or so and then take it from there. They will either approve your application when you less expect OR they will deny your application and give you a reason why they did so which will give you the tools to proof otherwise.

I wouldnt do anything right now.

Good luck!

[Murican 1]

I had two interviews not one.

They called us for a second one because of the living situation.

We went to the second interview with all the proof of how we have been living and plane tickets and how I visit Vegas regularly and that wasn't a problem, and that's how I got my 10yr GC.

So I was only surprised during my n400 interview, when he asked the same questions from the second interview.

I'm not taking any actions, nor will I, its too late now. The elections are done and over. So they can take their time, I only wanted to vote. I just hope this is finalized before 2016 pres. election, I already see people from this forum who have been waiting a year+ just odd

[mrgoodguy 5]

I had two interviews not one.

They called us for a second one because of the living situation.

We went to the second interview with all the proof of how we have been living and plane tickets and how I visit Vegas regularly and that wasn't a problem, and that's how I got my 10yr GC.

So I was only surprised during my n400 interview, when he asked the same questions from the second interview.

I'm not taking any actions, nor will I, its too late now. The elections are done and over. So they can take their time, I only wanted to vote. I just hope this is finalized before 2016 pres. election, I already see people from this forum who have been waiting a year+ just odd

Exactly man. I meant that usually THERE IS NO INTERVIEW to remove conditions (thats what I have heard and experienced myself).

Please, keep me updated on your case because Im very curious about it. Yes, agree this whole thing is very odd since I have heard that the N400 process usually doesnt even bring marriage history up since it has been already proven as a bonafide (otherwise the person would not be able to remove conditions, right ?).

What else did they ask in the interview overall man ?

[mrgoodguy 5]

Another question man. You got married in Reno, right ? but where are you applying for your N400 ? Reno as well or California ?

I have heard California takes longer than a lot of other states in the West coast!

[Murican 1]

I have been a California resident for more than 2yrs but we did every filing process in NV cos she lived there. This is my first experience with California uscis.

And yea, I have heard things are difficult here