I-751 pending for > 4.5 years. Please share your experience.

[eternal751 0]

Background:

- this is a wavier case which has plenty of evidence to show good faith marriage.

- there is indication that the US spouse has made crude false allegations against the applicant to a senator's office and DHS. Those allegations are way beyond what you might expect. None are true.

- there is indication that the US spouse has contacted at least one lawyer to ask "how do I get my spouse deported".

 

Approximate timeline:

- I-751 for removal of conditions was filed in Oct 2012.

- Bio-metrics in November of 2012.

- November 2012 to January 2016 - a dozen InfoPass appointments, 4x I-551 stamps and several "case outside of normal processing time inquiries", yielded "case pending adjudication" and nothing more.

- February 2016 attorney attended yet another InfoPass appointment and advised the officer that if there is no resolution soon, he would proceed with a writ of mandamus.

- Bio-metrics appointment May 2016. It appears that the file may have sat in California Service Center until February or March of 2016 and the infopass appointment in Feb 2016 did help to move it along.

- Interview at local office in August 2016. The officer did not seem to question the legitimacy of the marriage at all, but rather the moral character of the person. It is believed that the false allegations mentioned above were the cause.

- Request for evidence August 2016. USCIS received response by end of August 2016. The evidence, court records and other, showed that the applicant does not have any criminal charges.

- Present day - May - June 2017. Yet another  "case outside of normal processing time inquiries" yielded "we are unable to move forward with your application until the required background checks have been completed.".

- InfoPass appointment June 2017, officer indicated that the background check has been pending since March 2017 and they have no control as to the amount of time it will take to complete.

- A senator's office was contacted for assistance with the case. The constituent representative promptly contacted USCIS and received the following in summary: "case is pending, we are unable to determine at this time when the review process will be completed. USCIS will issue a decision once certain issues are resolved."

- A request for case assistance was filed with the USCIS Ombudsman. This is the most recent action on the case.

 

Other info:

- Applicant has been a permanent resident for > 6.5 years.

- Applicant has remarried happily 2 years ago.

 

Options left:

- Continue to wait indefinitely.

- File N-400.

- File writ of mandamus. 

 

If your case has been pending for a period greater than 3 years, please share your experience.

[Mollie09 1,543]

I'd file the N-400. This is a ridiculous wait.

[Hypnos 6,578]

You have basically nailed your options. 

 

If it were me, I would file the N-400. If I didn't want to become a US citizen, I would instead file a WoM.

[mindthegap 2,607]

Utterly ridiculous, and the N-400 should have been filed a long time ago IMHO.

 

Mine isn't quite that bad, but has now been over two years since I filed, and I am eligible to file my N-400 in under seven months now. 

If gets to that point - which is looking likely at this stage truth be told as I have heard nothing, despite me pushing in every possible way  - it will be done immediately on the very day that the filing window opens.

 

Strange that they take allegations with no charges etc into account, especially with court records etc!

I didn't know innocent until proven guilty beyond a reasonable doubt had been abolished....

 

 

Without getting too personal....can I ask what country you are from, and the nature of the allegations (feel free to PM me if you prefer)?

Edited June 24, 2017 by mindthegap

[eternal751 0]

The attorney is leaning toward filing Writ of Mandamus, stating that they will not approve the N-400 without first approving the I-751 and fears it may get denied rendering the N-400 pointless and a waste of time and money.

[Hypnos 6,578]

But at least then you'd have a decision which you could appeal if it went against you. USCIS are often not the smartest cookies in the jar, but they don't usually make arbitrary decisions. They base their decisions on facts and logic (usually). They would need actual evidence in order to deny your I-751, not unsubstantiated allegations.

 

Be aware that filing a WoM with a lawyer's assistance will not be cheap. I hesitate to say this is why the lawyer is pushing it, but it's going to cost literally thousands in attorneys fees for that sort of action. Perhaps they genuinely think that's your best option, I don't know. I'd be inclined to consult with ~3-5 experienced and reputable lawyers and see if a consensus emerged.

 

You can file a WoM pro se (yourself) which would be far cheaper (a few hundred in filing fees and process server fees). It's not a simple thing to do, though I have read some guides online from people who have done it (successfully, I might add).

 

Put it another way: right now your initial goal is to get the I-751 adjudicated. You can accomplish this by either: (i) filing an N-400, which compels USCIS to adjudicate the I-751 in order to adjudicate the N-400, or (ii) file a WoM seeking to force USCIS to perform the duty they owe you (adjudicating the I-751). Filing the N-400 is going to be cheaper than the WoM (even if filing a WoM pro se), and will hopefully get you US citizenship on top of it. Unless there's a compelling reason not to do so, I think the N-400 is the better option. Again, I would speak to other attorneys though and see their thinking on this.

Edited June 24, 2017 by Hypnos

[mindthegap 2,607]

Hypnos has nailed it with that answer I reckon.

 

 

N-400 and force the adjudication would be my choice. You are eligible for citizenship, simple as that.

[Villanelle 4,122]

Obviously there is something going on that you are leaving out. You mention 'false allegations' and then having submit court records and proof of no criminal charges. So theres something much more to your story. This isnt a case of your file got overlooked.

 

Yes, its innocent until proven guilty but when they are evaluating your moral character statements you made to other government officials (police, courts etc) can be used against you if you lied to them or misrepresented yourself. Seems like that is what they are investigating. If you are 100% sure that there is nothing "off" in any of your records that can be used against you then you should be safe to file the n400. 

 

[Cyberfx1024 7,980]

As stated above I would go ahead and file for citizenship right now because you have been waiting this long and your ROC should have been done by now. 

[roma0806 2]

Hello,

Any news about your pending case