Case inquiry for I-751 outside normal time processing.

[Wiseman239295 1]

Hello folks,

It's being a longer time I left this forum because of the uscis frustration, but I see it that there is nothing I can do than to wait. I have my I-751 application submitted since February 7, 2019 in order to remove the condition on my green card. On January 11th, 2020 I received an RFE from Nebraska service center which I gathered and submitted back to USCIS on March 20th, 2020. On the 24th March, 2020 I received a reply from uscis that my response was received. Since then,  i haven't received anything information pertaining to my case up till now. 

Right now, the time processing for I-751 in Nebraska is 11-26.5 months while the case inquiry is on the 16th February 2019, which means that my case is outside the normal time processing. I had submitted an inquiry based on the time factor of my case. Please, I am here to get some advise from you what can I do about my case apart from submitting a case inquiry. I am pretty sure many of us here have gone through this process and been successful. Your contributions will be highly welcome as I know that a problem shared is half solved, if not totally solved. Thanks

[Dashinka 24,513]

Just curious, have you or do you plan to file for naturalization?  As to the time period for the I751, it seems excessive, but this might be more the norm now.

 

Good Luck!

[JeanneAdil 6,511]

the deed and mortgage in the name of her late husband can be an issue even in the 400 application

there is no reason not to refinance especially with today's low interest rates 

and you do not need to be working to be on the deed and mortgage if your wife has always paid the mortgage and has the income to support a refinance

 

but i would apply now for the citizenship 

and talk to your wife about refinancing 

If she is concerned to share the  property with you,  it will be bought up in an interview for the naturalization but you are already part owner to due marriage 

• Equitable distribution is the rule most states use, including North Carolina. In equitable distribution states, the court attempts to divide the couple’s assets fairly in light of their current circumstances.

Please create a timeline / the VJ community uses our timelines to understand each case and best answer your questions 

and following your timeline helps the VJ community answer questions for the rest of your country and processes for immigration

[Wiseman239295 1]

Thank you, I discussed with my wife about the deed. We made some calls recently but my name cannot be added. Although, at some point we are looking forward for refinancing but that is not the best option. I was asking now that apart from the case inquiry, what can I do to push a little bit pressure. I have submitted the RFE they asked, so that is behind. I am only talking about why not any decision since then, at least just decision.

[Wiseman239295 1]

@ Dashinka, I have a plan to apply for citizenship but not hearing anything from uscis is frustrating. I am only waiting for them to decide before I can forge ahead. Again, I am looking at it this way. I will wait for 5 yr rule of naturalization, in that case too much of proving marriage bonafide will be easy or what do u think. Thanks a lot

[elmers 293]

7 minutes ago, Wiseman239295 said:

I am only waiting for them to decide

They are slower than a snail on sand lol, don't wait on them for anything. I am sure you know that you can apply for citizenship within 3 years if married to a citizen (which I'm guessing is the case with you). The consensus is that submitting the N-400 almost always moves your RoC application.

Edited April 20, 2021 by elmers

[Dashinka 24,513]

16 minutes ago, Wiseman239295 said:

@ Dashinka, I have a plan to apply for citizenship but not hearing anything from uscis is frustrating. I am only waiting for them to decide before I can forge ahead. Again, I am looking at it this way. I will wait for 5 yr rule of naturalization, in that case too much of proving marriage bonafide will be easy or what do u think. Thanks a lot

I tend to agree with @elmers. I don't know all your specific history, but the evidence necessary for the N400, even filing under the 3 yr rule, is fairly light as compared to AOS and ROC.  If naturalization is the ultimate goal, it is always a good idea to get that clock ticking and it essentially makes the ROC/I751 superfluous assuming you meet all the requirements to file.  Additionally, N400's are processed at the local field office, which I assume for you is Charlotte NC, and their processing times for N400s is fairly good at least from what is published.

 

Good Luck!

[Wiseman239295 1]

I agree with both of you (@Dashinka and Elmers). If I would file the N-400 now, what supporting documents do I need? I will do my research too but I will still appreciate your various contributions on this matter. I am about to be fed up. Thanks for your timely responses.

[Dashinka 24,513]

4 minutes ago, Wiseman239295 said:

I agree with both of you (@Dashinka and Elmers). If I would file the N-400 now, what supporting documents do I need? I will do my research too but I will still appreciate your various contributions on this matter. I am about to be fed up. Thanks for your timely responses.

The only required evidence for filing the N400 is a copy of your GC and a copy of your current marriage certificate.  There are other items that are requested to be brought to the interview such as evidence of all marriage and divorces, income tax returns/transcripts, etc. that many also upload if filing online, but they still have to be brought to the interview even if they were uploaded.  Check the link below starting on page 10.

 

Good Luck!

 

https://www.uscis.gov/sites/default/files/document/forms/n-400instr.pdf

[Wiseman239295 1]

Thanks Dashinka, I appreciate it.

[igoyougoduke 1,656]

File a Writ of Mandamus in a Federal Court in your local federal court. You will get a decision within 30 days as USCIS takes court filing seriously.  Of course you would need a lawyer for that 

[ineedadisplayname 499]

37 minutes ago, igoyougoduke said:

File a Writ of Mandamus in a Federal Court in your local federal court. You will get a decision within 30 days as USCIS takes court filing seriously.  Of course you would need a lawyer for that 

And easily can be denied too.

[ineedadisplayname 499]

Not sure waiting for the response to the RFE will count in the processing time. Also you waited 2 months to respond to the RFE so give them 2 months after the received it.  But otherwise can understand your frustration but there is not much you can do unless you want to force them to make a decision which can or can't be to your favor. It's like forcing somebody to make a decision when they are undecided.

[igoyougoduke 1,656]

8 minutes ago, ineedadisplayname said:

And easily can be denied too.

you get a decision not a guaranteed approval at any time you deal with USCIS 

[ineedadisplayname 499]

7 minutes ago, igoyougoduke said:

you get a decision not a guaranteed approval at any time you deal with USCIS 

I know, but a lot of ppl just assumes that the outcome can onl be approval because 99% of the cases they see is only approval.