N400 pending 180 days interview

[mhene19 0]

Hello All,

 

I am hoping i can get some great advice on this forum as i do not understand what is going on with my application. I'm aware every case is different but i feel i have done whatever i can to get my case moving.

 

I am married but my wife and i live in different states. When i filed for i751 it took over two years for it to be processed. i was told my case was pending security checks and that there is nothing they can do. I waited and waited and made numerous inquiries. Finally, i went for an infopass and i was told my case was in line for an interview. i went to the interview with my wife and attorney and we were asked a lot of questions. A lot of my background was digged. Even an accident i got into. The interviewer was convinced and approved my case. 2 years later i applied for n400 based on the 5yr rule as my wife and i live in different states. Mind you the reason i moved out of state was to secure a better job. I had no luck securing a job in  my field in the state my wife resides. i see her from time to time and the plan is for her to join me soon. I applied for n400 in april 2017 and in two months i was scheduled for an interview.  I passed the interview and the IO said she needed to review the file a bit before she can make a decision. A month passed by and still no response. I made an inquiry and i was told that i needed to to wait till after 90days. 90 days passed and i made an inquiry but received the generic letter saying that  my case is pending adjudication. I made an infopass and i was told the same thing. i made two more additional inquiries and still received the generic response. I finally contacted my congressman  160 days after my interview. My congressman responded to me today saying that "USCIS is conducting background checks on my case and it could take years". Unbelievable!  How can they be conducting background checks when they just did an extensive one not two long ago when i was removing conditions?Something doesn't add up to me. Infact, when i went for the infopass, the person at the window said my file was lying somewhere on the IO's desk. I am aware immigration benefit is a benefit and not a privilege. However, i have followed all the rules and waited as i've been told. i have not broken the law besides minor speeding tickets. i pay my taxes and im not involved in any illegal activity. i am also not from a muslim country or a muslim.

 

1. What steps should i take further?

2. Has anybody been through a similar situation?

3. Does anybody have experience filing 1447(b) as my case is way past 120days?

4. What about Ombudsman?

 

This is very frustrating as i went to this background check nonsense a few years back and it took over 2yrs. 

 

Thanks in advance

Edited April 5, 2018 by mhene19

[cd37 229]

Note that you went through background check two years ago that means you dont have to now for your N400. Background check can take months or years. Probably they are stuck on that point that you both are living in different states. For USCIS, married couples live together. What does your lawyer say ?

[mhene19 0]

Agreed, however note that I applied under the 5year rule 

[carton025 38]

My gal's Citizenship petition process took over a year.  I know it can be very difficult to be patient...  As long as your petition is "in process" there is very little to nothing that can be done to speed it up.  Try to think about the IO that has a pile of petitions for processing on his desk.  If he completes all of those petitions today what will he do tomorrow and the days after that.  Patience is a virtue!

[cd37 229]

36 minutes ago, cd37 said:

Note that you went through background check two years ago that means you dont have to now for your N400. Background check can take months or years. Probably they are stuck on that point that you both are living in different states. For USCIS, married couples live together. What does your lawyer say ?

Correction: I mean if you went through background check before, that doesnt mean you dont have to go through it again for N400

[cd37 229]

28 minutes ago, mhene19 said:

Agreed, however note that I applied under the 5year rule 

Still they can always question as you got your gc through marriage

[mhene19 0]

1 hour ago, cd37 said:

Still they can always question as you got your gc through marriage

Sure, but it was done during my I-751 interview. Plus, i was asked questions regarding my marriage during my  n-400 interview. i don't think it's advisable for me to sit and wait for how ever long it may take. As i mentioned before my i-751 took over 2yrs to get adjudicated. Anybody who has been through such a painful waiting experience will attest that it is not pleasant

Edited April 6, 2018 by mhene19

[bsp 32]

8 minutes ago, mhene19 said:

Sure, but it was done during my I-751 interview. Plus, i was asked questions regarding my marriage during my  n-400 interview. i don't think it's advisable for me to sit and wait for how ever long it may take. As i mentioned before my i-751 took over 2yrs to get adjudicated. Anybody who has been through such a painful waiting experience will attest that it is not pleasant

While it's obviously positive that you passed the I-751 interview, one of the downsides of the naturalization process is that it puts everything back on the table for consideration including whether the green card was obtained legitimately.  It's possible that the CO is concerned with the living apart arrangement and wants to go back and look at the ROC process to make sure no errors were made.  It's also possible that you just have a common name and were flagged (innocently) in a background check that the CO needs to cover off.  If you obtained the GC legitimately then you shouldn't have any issue other than the annoying wait.

[mhene19 0]

1 minute ago, bsp said:

While it's obviously positive that you passed the I-751 interview, one of the downsides of the naturalization process is that it puts everything back on the table for consideration including whether the green card was obtained legitimately.  It's possible that the CO is concerned with the living apart arrangement and wants to go back and look at the ROC process to make sure no errors were made.  It's also possible that you just have a common name and were flagged (innocently) in a background check that the CO needs to cover off.  If you obtained the GC legitimately then you shouldn't have any issue other than the annoying wait.

Yep, i have nothing to worry about. It's not uncommon for couples to live apart. We are from the same country as well.  The issue is that i do not have any timeline. Others have waited for 3yrs. I just want the case to move forward. Is that too much to ask the USCIS to do? 

[cd37 229]

17 minutes ago, mhene19 said:

Sure, but it was done during my I-751 interview. Plus, i was asked questions regarding my marriage during my  n-400 interview. i don't think it's advisable for me to sit and wait for how ever long it may take. As i mentioned before my i-751 took over 2yrs to get adjudicated. Anybody who has been through such a painful waiting experience will attest that it is not pleasant

Well you can follow up with them every 60 days. You have a lawyer then why dont you ask him ? He will follow up with them and advise you.

[mhene19 0]

2 minutes ago, cd37 said:

Well you can follow up with them every 60 days. You have a lawyer then why dont you ask him ? He will follow up with them and advise you.

Yeah i do have a lawyer. He advised we give them 60 days  or file the 1447(b) . i don't want to go that route yet unless i have exhausted all my options

[cd37 229]

23 minutes ago, mhene19 said:

Yeah i do have a lawyer. He advised we give them 60 days  or file the 1447(b) . i don't want to go that route yet unless i have exhausted all my options

If you dont want to go lawsuit route then I think best way is to wait and follow up until they make decision. You r gc holder and not losing your status anyway so just wait and watch. No experience in lawsuit thing...someone here may be able help in this forum with experience.

[jyaku 138]

It took me almost 10 years to get my green card due to security checks.. filed 1997, got GC in 2007. And there was another security check before citizenship.

[Hypnos 6,577]

Filing a lawsuit under 1447(b) will be the only way you are able to get something moving, most likely.

 

You should strongly consider it.

[cd37 229]

13 minutes ago, Hypnos said:

Filing a lawsuit under 1447(b) will be the only way you are able to get something moving, most likely.

 

You should strongly consider it.

If he does that and force them to make a decision, it could be denial if it is really pending security check and you dont let them do their due diligence. 

21 minutes ago, jyaku said:

It took me almost 10 years to get my green card due to security checks.. filed 1997, got GC in 2007. And there was another security check before citizenship.

You are kidding right ? 10 yrs after interview ?