N-400 December 2015 Filers

[mananto 36]

Well folks. Its a wrap.

Got there at about 8am and was called in at 8.15am. The officer first started with my I-751 extreme hardship waiver. I was fretting about that but he asked very simple questions on it. Just about my prior marriage and whether I was circumventing the NTA I received by filing extreme hardship waiver. (I had been denied in 2011 and received an NTA) I told him I filed it based on the facts in the file and I was within my rights to file a hardship waiver if I have enough evidence and anytime before my NTA is filed in court. The NTA was never filed. He smiled and said that was true. He then said it looks good and we moved to the N400. The questions he asked were:

Who is the vice president of the United states

What French territory did the US acquire from France

Who is the current speaker of the house

Name one right only afforded to US citizens only

What is the rule of law

We elect senators for how long?

I was asked” What country is North of the US”…and he asked me to write” Canada is north of the united states.

I signed a few documents there and said I was recommended for approval and will get oath notice in two to three weeks.

I simply cant stop pinching myself.

Did that just happen? I thought I-751 Extereme Hardship waivers were never approved. I guess its true what they say about faith the size of a mustard.

[JimmyHou 611]

Well folks. Its a wrap.

Got there at about 8am and was called in at 8.15am. The officer first started with my I-751 extreme hardship waiver. I was fretting about that but he asked very simple questions on it. Just about my prior marriage and whether I was circumventing the NTA I received by filing extreme hardship waiver. (I had been denied in 2011 and received an NTA) I told him I filed it based on the facts in the file and I was within my rights to file a hardship waiver if I have enough evidence and anytime before my NTA is filed in court. The NTA was never filed. He smiled and said that was true. He then said it looks good and we moved to the N400. The questions he asked were:

Who is the vice president of the United states

What French territory did the US acquire from France

Who is the current speaker of the house

Name one right only afforded to US citizens only

What is the rule of law

We elect senators for how long?

I was asked” What country is North of the US”…and he asked me to write” Canada is north of the united states.

I signed a few documents there and said I was recommended for approval and will get oath notice in two to three weeks.

I simply cant stop pinching myself.

Did that just happen? I thought I-751 Extereme Hardship waivers were never approved. I guess its true what they say about faith the size of a mustard.

Congratulations, but what's an NTA?

[boy15 23]

Oath letters sent out today

[mananto 36]

Thanks Jimmy. An NTA is a Notice To Appear. When my first one was denied, I was sent the notice notifying me that I will be sent to immigration court. That was in 2011. They never did. So I decided to refile again and voila!

Congratulations, but what's an NTA?

[KASH2011 382]

Thank you all for the good luck wishes.

I had my interview this morning and I was recommended for approval.

Congrats!

[moemac59 192]

Congrats everyone!! Doing my happy dances for you. Again nice to see all of those timelines in our topic turning red for citizenship changes.

[spring333 44]

Congrats everyone!! Doing my happy dances for you. Again nice to see all of those timelines in our topic turning red for citizenship changes.

Wish i could do my happy dance.....im just one step away and have to play waiting game with them again....so frustrating!

[Angelina0401dung 0]

Congrats!

Congratulations to you!

[JimmyHou 611]

Wish i could do my happy dance.....im just one step away and have to play waiting game with them again....so frustrating!

How long has it been since you sent in the reply to the RFE?

Have you contacted them since then or are you holding out for the 120 days before you do anything?

[JimmyHou 611]

Oath letters sent out today

Great! So your mom passed too!

[spring333 44]

How long has it been since you sent in the reply to the RFE?

Have you contacted them since then or are you holding out for the 120 days before you do anything?

RFE respond sent on May 2 so no I didnt contact them yet

[JimmyHou 611]

RFE respond sent on May 2 so no I didnt contact them yet

Do you think there's anything about your case that may have triggered the RFE (eg. spending a long time apart from your wife or filing taxes separately) or do you think they just asked for the hell of it?

Incidentally, I looked it up for you, and it's 120 days from the day of the interview; nothing that I could find in the law says they get extra time if an RFE is issued.

Immigration and Nationality Act, Section 336, Part (b):

"If there is a failure to make a determination under section 335 before the end of the 120-day period after the date on which the examination is conducted under such section, the applicant may apply to the United States district court for the district in which the applicant resides for a hearing on the matter. Such court has jurisdiction over the matter and may either determine the matter or remand the matter, with appropriate instructions, to the Service to determine the matter."

So after 120 days, you have the right to take USCIS to court... very few people do that because it can be expensive and time consuming, but almost always, USCIS reaches a decision quickly if you contact them after this period is up (or just before). The only exceptions I've seen are in prolonged background check cases where USCIS claims it's not their agency causing the delay. So since you were interviewed on 4/6, I would give them a call after 7/6 to check on your status. If that doesn't get you anywhere, I would make an Infopass appointment for after 8/6. Yours would not be the first case to be set aside and forgotten for months; sometimes a call doesn't help, but sometimes it just gets someone to look at your file and realize that all the information requested has been received. If you don't want to call, another option would be a on online service request from your account... this won't work if it's been less than 6 months (or possibly 8 months) since you applied, because your case would be considered within normal processing times, but you can try and see if it lets you put in a request. If it doesn't let you do it now, try again after the 8 month mark in July.

Good luck to you.

[spring333 44]

Do you think there's anything about your case that may have triggered the RFE (eg. spending a long time apart from your wife or filing taxes separately) or do you think they just asked for the hell of it?

Incidentally, I looked it up for you, and it's 120 days from the day of the interview; nothing that I could find in the law says they get extra time if an RFE is issued.

Immigration and Nationality Act, Section 336, Part (b):

"If there is a failure to make a determination under section 335 before the end of the 120-day period after the date on which the examination is conducted under such section, the applicant may apply to the United States district court for the district in which the applicant resides for a hearing on the matter. Such court has jurisdiction over the matter and may either determine the matter or remand the matter, with appropriate instructions, to the Service to determine the matter."

So after 120 days, you have the right to take USCIS to court... very few people do that because it can be expensive and time consuming, but almost always, USCIS reaches a decision quickly if you contact them after this period is up (or just before). The only exceptions I've seen are in prolonged background check cases where USCIS claims it's not their agency causing the delay. So since you were interviewed on 4/6, I would give them a call after 7/6 to check on your status. If that doesn't get you anywhere, I would make an Infopass appointment for after 8/6. Yours would not be the first case to be set aside and forgotten for months; sometimes a call doesn't help, but sometimes it just gets someone to look at your file and realize that all the information requested has been received. If you don't want to call, another option would be a on online service request from your account... this won't work if it's been less than 6 months (or possibly 8 months) since you applied, because your case would be considered within normal processing times, but you can try and see if it lets you put in a request. If it doesn't let you do it now, try again after the 8 month mark in July.

Good luck to you.

I spent only 5 weeks out of US for last 5 years and we filed our taxes jointly.

Well.... we did have our ROC interview, they separated us. So we proved our marriage twice. At AOS and at ROC interview. They just want us to prove our marriage again.........

[JimmyHou 611]

I spent only 5 weeks out of US for last 5 years and we filed our taxes jointly.

Well.... we did have our ROC interview, they separated us. So we proved our marriage twice. At AOS and at ROC interview. They just want us to prove our marriage again.........

Should be straight forward then... the request itself wasn't unheard of... but it's surprising how long they're taking to respond; which is why I'd call. If there's no complicated issue to resolve, they may have just set the file aside for now. Unless you're really averse to dealing with people on the phone (like I am), then give them a call; if they tell you to wait, then just wait for now.

[spring333 44]

Should be straight forward then... the request itself wasn't unheard of... but it's surprising how long they're taking to respond; which is why I'd call. If there's no complicated issue to resolve, they may have just set the file aside for now. Unless you're really averse to dealing with people on the phone (like I am), then give them a call; if they tell you to wait, then just wait for now.

I spoke to lawyer, he said to wait. So Im waiting. Its not very pleasant but is there any other option? LOL