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Kim and Jermaine

Aug 2017 case still pending. Should I file writ of Mandamus?

By Kim and Jermaine in Removing Conditions on Residency General Discussion

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Kim and Jermaine Enthusiast

Kim and Jermaine   28

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I filed my RoC I-751 in August 2017. My 18 month extension letter expired in February 2019 and I had an info pass appointment to get my passport stamp. The employee who did the stamp said it may be around 6 months before I had an interview. 6 months have passed and nothing. My case was sent from Vermont to California in February. I know I can file a Writ of Mandamus but it's very expensive and after doing all the previous applications myself to avoid attorney fees, I'm reluctant to hire an attorney now. But at the same time, this wait is ridiculous!  Any advice?

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Georgia16 Mentor

Georgia16   2,858

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Try to contact your senator/congressman and see if they can help push it along.

 

Have you filed for N-400 at any point?? That could also have slowed it all down.

Edited by Georgia16

 

 

 

 

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sree_yash Collaborator

sree_yash   168

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4 minutes ago, Georgia16 said:

Try to contact your senator/congressman and see if they can help push it along.

 

Have you filed for N-400 at any point?? That could also have slowed it all down.

From what I know filing for N-400 actually speeds up the Removal of Conditions process. 

And yes, Senator/ Congressman's office could help. 

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Georgia16 Mentor

Georgia16   2,858

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2 minutes ago, sree_yash said:

From what I know filing for N-400 actually speeds up the Removal of Conditions process. 

And yes, Senator/ Congressman's office could help. 

No that is not always the case if you live where the local office is very backlogged for interviews then it will not make it faster. 

Some local offices have a 3 months on interview where there are others there have a 1-2 year waiting time for interview.

 

 

 

 

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mindthegap Experienced

mindthegap   2,590

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2 hours ago, sree_yash said:

From what I know filing for N-400 actually speeds up the Removal of Conditions process. 

And yes, Senator/ Congressman's office could help. 

Both of these statements are not necessarily true (again, speaking from unfortunate recent and ongoing experience).

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

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Kim and Jermaine Enthusiast

Kim and Jermaine   28

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2 hours ago, Georgia16 said:

Try to contact your senator/congressman and see if they can help push it along.

 

Have you filed for N-400 at any point?? That could also have slowed it all down.

No I haven't filed N-400 yet. 

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CT_Cdn Rookie

CT_Cdn   0

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I would recommend writing your congressman and senator(s) of your state. 

 

They can be helpful (not all the time), but its away to document things and at least you have another avenue to try something.

7/2010 - Met while travelling

4/2012 - TN Status 3 years approved, moved to Los Angeles

3/2014 - Renewed TN Status, as passport expiring

8/8/2015 - Got Married!!

2/1/2016 - Sent in I-130/I-485/I-131/I-765 through UPS

2/3/2016 - UPS confirms delivered

2/8/2016 - Received NOA1 for all 4 documents, e-mail and texts

2/12/2016 - Recieved NOA1 hard copies in mail

2/22/2016 - Recieved Biometrics letter in mail for 3/4/2016

3/4/2015 - Biometrics done

3/14/2016 - Online status changed for I-485 to Ready to Schedule for Interview

4/7/2016 - Online status changed to interview scheduled, date given early May

4/8/2016 - Online status, EAD approved

4/11/2016 - Interview letter arrived in mail, hardcopy

4/12/2016 - Online status, EAD and AP letter being mailed out

4/14/2016 - EAD and AP arrived, card and letter in hand

5/10/2016 - Interview in LA

5/12/2016 - Online status updated, I-485 and I-130 approved

5/16/2016 - Received Welcome letter in mail

6/10/2016 - Received PRC (Green card) in mail... yay!!!

2/20/2018 - I-751 applied

3/7/2018 - NOA 1 1 year extension

8/2018 - NOA 2 18 mth extension

2/28/2019 - Received I-751 approval document - CSC

7/1/2019 - Still have not received actual green card, though approved. Spoke to USCIS MANY times, no resolution

8/1/2019 Began writing to senators and congressman

8/31/2019 Received 10 year green card (ended up being an IT problem from USICS, senator notified me of this)

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