N 400 pending 3 years

[Aleks1976 0]

- Get First Green Card april 2013 ( based on marriage with American citizen )

- February 2015 sent I751 for permanent resident 

- May 2016 sent N 400 aplication for Citizenship ( didn t get approval for I 751 )

- August 2017 interview for I751 - approved , but did not get plastic card )

- Septembar 2017 interview for N400 ( I came without wife )

- Oktober 2017 reinterview with wife ( stroke interview, me and wife separated )

- In May 2018 We divorsed and I sent withdrawal for N400.

IN THIS MOMENT I still waiting for cancelation N400 and I am still waiting for Green Card ( plastic ) I have 7 stamps in my passport .

ENY ADVICE !?

 

 

[Going through 5,669]

You got approved for the i-751 in 2017, correct?  What steps did you take already since 2017 to get the plastic green card actually issued? (ie. infopass appointment, calling USCIS, etc.)

 

Did you move anywhere during the process and NOT update USCIS about a new address change?  That may also solve the mystery why you didn't get the card in the mail if they weren't aware of any change of residence.

 

Initial advice would be for you to reach out to a L2 officer at USCIS and let them know you haven't received the 10-year green card after approval two years ago.

 

[Aleks1976 0]

In August 2018 I make app in Immigration and They tel me that I have to send I 90 aplication and put option other ( not stole, not lost card ) I sent I 90 , have biometric in Septembar 2018 and nothing since. It pass one year and half , still waiting ....

[Aleks1976 0]

Every few months I go in Immigration to get stamp in my passport and ask them about my case !?

[Going through 5,669]

10 minutes ago, Aleks1976 said:

Every few months I go in Immigration to get stamp in my passport and ask them about my case !?

Curious that would you need your passport stamped "every few months... Stamp is normally good for 1 year, unless your passport is set to expire soon.

 

What do they tell you when you ask them about your case?  About a year for the i-90 seems common depending on individual case.  Yours will take a bit longer since it's not as simple as just issuing a card due to spelling error, etc.  

Edited October 29, 2019 by Going through

[Aleks1976 0]

Last  stamp is 6 monts but stamps bedore was 3 or 6 monts . Only one stamp was 1 year. When I ask They said nothing ,still pending ????!!!

I replace passport before 3 monts 

[Going through 5,669]

2 minutes ago, Aleks1976 said:

Last  stamp is 6 monts but stamps bedore was 3 or 6 monts . Only one stamp was 1 year. When I ask They said nothing ,still pending ????!!!

I replace passport before 3 monts 

There is always the option of phoning USCIS and asking to speak to a L2 officer like I mentioned before---might get the same answer, but at least would save you a trip down there.

[Aleks1976 0]

Paid every  income Tax, No criminal records, no tickets! 

Edited October 29, 2019 by Aleks1976

[Wasa22 5]

2 hours ago, Aleks1976 said:

Last  stamp is 6 monts but stamps bedore was 3 or 6 monts . Only one stamp was 1 year. When I ask They said nothing ,still pending ????!!!

I replace passport before 3 monts 

That’s all what they ,can say .Nothing ,the same answers all the time.Frustrating!

[implife 318]

19 hours ago, Aleks1976 said:

I sent withdrawal for N400.

Why?

[Mindo2019 12]

28 minutes ago, implife said:

Why?

I guess because he is not eligible for naturalization through marriage anymore? He think he divorce before his 5 year in the US up. But reading the timeline they divorce in May 2018. He should not withdraw N400 in my opinion. But now is 2019...Regardless, he should be able to get citizenship by himself. 

Edited October 30, 2019 by IR5momandme

[implife 318]

4 minutes ago, IR5momandme said:

I guess because he is not eligible for naturalization through marriage anymore? He think he divorce before his 5 year in the US up. But reading the timeline they divorce in May 2018. He should not withdraw N400 in my opinion. But now is 2019...Regardless, he should be able to get citizenship by himself. 

Shouldn't matter if ROC was approved.

[Mindo2019 12]

17 minutes ago, implife said:

Shouldn't matter if ROC was approved.

Right. I think OP think the other way. Or maybe he does not want the citizenship anymore

[Going through 5,669]

IAccording to OP's timeline, the N400 was filed for in 2016, based on marriage.  If divorce occurred before N400 approval, he was no longer eligible for the N400 based on marriage, and was correct in withdrawing the N400 as he'd have to wait until he is eligible based on 5-year residency (after the i-751 approval in 2017).

[geowrian 22,337]

40 minutes ago, IR5momandme said:

I guess because he is not eligible for naturalization through marriage anymore? He think he divorce before his 5 year in the US up. But reading the timeline they divorce in May 2018. He should not withdraw N400 in my opinion. But now is 2019...Regardless, he should be able to get citizenship by himself. 

As noted above, if filed under the 3 year rule and are no longer married, then the N-400 must be denied. Whether that occurred after the 5 year period or not doesn’t matter...just that it was filed using the 3 year rule. So withdrawing it was correct.

 

But yes, no issue filing for naturalization now, assuming he meets the other requirements still.