N400 unusual long wait time

[spring333 44]

Anyone had or is having  experience with long wait after N400 interview. 

 

In short

 

applied in Sept 2018 under 5 yr rule

Interview March 2019

RFE April 2019

No response yet.

 

Any idea what issue could be?

[N400NYC 380]

Contact your Senator. There is no reason you should be forced to wait 6 months for answer. 

[afrocraft 314]

On 9/18/2019 at 1:36 PM, spring333 said:

applied in Sept 2018 under 5 yr rule

Interview March 2019

RFE April 2019

No response yet.

 

Any idea what issue could be?

What was the RFE about?

[spring333 44]

1 hour ago, afrocraft said:

What was the RFE about?

Asked for proof of my marriage for 2016 only. Mind you ,  I got my second green card in 2015. So not sure 

[afrocraft 314]

2 hours ago, spring333 said:

Asked for proof of my marriage for 2016 only. Mind you ,  I got my second green card in 2015. So not sure 

You mean they're asking for proof that you were in a marital union in 2016 -- after your removal of conditions was approved? Has there been a change in your marital status since ROC?

[spring333 44]

7 hours ago, afrocraft said:

You mean they're asking for proof that you were in a marital union in 2016 -- after your removal of conditions was approved? Has there been a change in your marital status since ROC?

Yes, I got my GC in 2013 then ROC was on 2015. so I got my permanent gc in 2015

We got divorced in 2017, I applied in 20018. So basically they are asking me for proof or my marraige for the period after i got my gc. Which is weird. But I did have all they asked and I submitted. 

[afrocraft 314]

21 minutes ago, spring333 said:

Yes, I got my GC in 2013 then ROC was on 2015. so I got my permanent gc in 2015

We got divorced in 2017, I applied in 20018. So basically they are asking me for proof or my marraige for the period after i got my gc. Which is weird. But I did have all they asked and I submitted. 

You can see why they are a little suspicious. But that doesn't give them grounds for such a lengthy delay. I would 1) write your Field Office a letter, sent via certified mail, asking for a decision since the 120 days allowed by law after interview is long gone, and 2) contact your Congressional rep for case assistance. Do both, as it puts you in firmer legal ground.

[spring333 44]

7 minutes ago, afrocraft said:

You can see why they are a little suspicious. But that doesn't give them grounds for such a lengthy delay. I would 1) write your Field Office a letter, sent via certified mail, asking for a decision since the 120 days allowed by law after interview is long gone, and 2) contact your Congressional rep for case assistance. Do both, as it puts you in firmer legal ground.

I see your point but this is life and life doesn't go by certain written script. We were together 5 years, life happened, we decided to go different ways.

However,  we both are adults and mature and we stayed in touch. When I sent my RFE my ex wrote a letter to immigration saying that although we are not together anymore she cares about me and supports my application. She notarized it and i included that letter in my package. 

 

But yes, 6 months since interview passed. And im still waiting. And I cant submit online inquiry since its in normal processing time. 

[afrocraft 314]

14 minutes ago, spring333 said:

I see your point but this is life and life doesn't go by certain written script. We were together 5 years, life happened, we decided to go different ways.

However,  we both are adults and mature and we stayed in touch. When I sent my RFE my ex wrote a letter to immigration saying that although we are not together anymore she cares about me and supports my application. She notarized it and i included that letter in my package. 

 

But yes, 6 months since interview passed. And im still waiting. And I cant submit online inquiry since its in normal processing time. 

Good stuff with the ex. You're wrong about the processing time, though.

 

It's a common misconception, but once you've been interviewed for the N-400, another statutory (not merely administrative) clock starts: USCIS now has 120 days to issue a decision. The RFE stops the clock temporarily until you respond. They can blow past the 120 days, of course, but the leverage now shifts to you. See: https://www.uscis.gov/policy-manual/volume-12-part-b-chapter-4

 

Use that leverage, but do so subtly; talk softly and carry a big stick. Write the agency and hint at the 120 days, and contact your Congressional rep, mentioning that the 120 days have passed (but don't overtly threaten any lawsuit). That's what I did to get movement on my N-400. And in my case, we were still at Day 90!

Edited September 20, 2019 by afrocraft

[spring333 44]

13 minutes ago, afrocraft said:

Good stuff with the ex. You're wrong about the processing time, though.

 

It's a common misconception, but once you've been interviewed for the N-400, another statutory (not merely administrative) clock starts: USCIS now has 120 days to issue a decision. The RFE stops the clock temporarily until you respond. They can blow past the 120 days, of course, but the leverage now shifts to you. See: https://www.uscis.gov/policy-manual/volume-12-part-b-chapter-4

 

Use that leverage, but do so subtly; talk softly and carry a big stick. Write the agency and hint at the 120 days, and contact your Congressional rep, mentioning that the 120 days have passed (but don't overtly threaten any lawsuit). That's what I did to get movement on my N-400. And in my case, we were still at Day 90!

help me understand, if my int was on 3/22, RFE received on 4/22 and responded on 5/26 when is the deadline now?

 

also, what is the worst case scenario here? Can they deny me and take my gc away? Honestly im freaking out

[afrocraft 314]

14 minutes ago, spring333 said:

help me understand, if my int was on 3/22, RFE received on 4/22 and responded on 5/26 when is the deadline now?

 

also, what is the worst case scenario here? Can they deny me and take my gc away? Honestly im freaking out

Well it's 151 days since 4/22 and 34 days between 4/22 and 5/26, so that's 117 days -- so still within the 120 days.

 

Unless you committed fraud, your GC is safe. What has me worried now is the time it took you to respond to the RFE. Typically you have 30 days + 3 days, but it looks like you took more than that. Was a deadline stated in the RFE letter? Did you meet that deadline?

[spring333 44]

1 minute ago, afrocraft said:

Well it's 151 days since 4/22 and 34 days between 4/22 and 5/26, so that's 117 days -- so still within the 120 days.

 

Unless you committed fraud, your GC is safe. What has me worried now is the time it took you to respond to the RFE. Typically you have 30 days + 3 days, but it looks like you took more than that. Was a deadline stated in the RFE letter? Did you meet that deadline?

Oh no, lawyer responded on time, but they uploaded online as they received on Monday, Memorial day. 

 

ill wait then, i didnt know clock resets 

[spring333 44]

4 minutes ago, spring333 said:

Oh no, lawyer responded on time, but they uploaded online as they received on Monday, Memorial day. 

 

ill wait then, i didnt know clock resets 

OK i messed up dates

 

int 3/27

RFE issued on 4/24 but letter said submit by 5/27

and it shows it was submitted on 5/27 so thats good

 

[afrocraft 314]

5 hours ago, spring333 said:

OK i messed up dates

 

int 3/27

RFE issued on 4/24 but letter said submit by 5/27

and it shows it was submitted on 5/27 so thats good

 

Not sure why your lawyer waited till the very last day lol...

 

You're now outside the 120 days. You should lean in. I sent them an online message on Days 30 and 60, then a written letter and Congressional follow up on Day 90.

[spring333 44]

1 minute ago, afrocraft said:

Not sure why your lawyer waited till the very last day lol...

 

You're now outside the 120 days. You should lean in. I sent them an online message on Days 30 and 60, then a written letter and Congressional follow up on Day 90.

he didnt wait, we did send few weeks before that day but they posted as that day.

 

would you mind sharing what you sent so i can use the same message.