Unusual situation with ROC (Divorce waiver)

[BrokenWings 8]

Hello: I filed my ROC I751 with Divorce waiver on 4/2018. My time line:

 

Came to USA as F1: 1/2015

Met Spouse: 3/2015

Got married: 10/2015

Filed I485: 4/2016

Got approved Conditional GC: 9/2016

Got Separated: 6/2017

Spouse filed divorce: 8/2017

Divorce approved (No kids): 10/2017

Filed ROC with Divorce waiver: 4/2018

 

USCIS Status after filing:

June 1, 2018 Fingerprint fee for your Form I-751, Petition to Remove Conditions on Residence received. Your case is now properly filed.

March 4, 2019 Your Form I-751, Petition to Remove Conditions on Residence, was transferred to another USCIS office.

March 5, 2019 We transferred your Form I-751, Petition to Remove Conditions on Residence, to another USCIS office that now has jurisdiction over your case.

February 4, 2021 Case is Ready to Be Scheduled for An Interview

 

My case status is case ready for interview since 02/2021 and almost 4 years since I filed ROC. As per USCIS citizenship application eligibility, I became eligible to apply for N400 (naturalization) since July 2021. I am confused now what to do. Is this timeline or length of case is normal? Should I file N400 for naturalization or wait for ROC adjudication first? I contacted USCIS customer service in October 2021 about my case status and they said I should be interviewed soon. I filed case with sufficient evidence or whatever I had: Marriage certificate, My personal affidavit, Marriage pictures, Joint lease, Joint electricity-water-wifi-cell phone bills, Joint tax return of 2016 and 2017, 2 joint bank accounts, Joint 2 credit cards, 2 joint car loans, 3 affidavits from friends and family, 15-20 pictures, Counseling proofs and counselors letters for attempts to fix marriage, Divorce decree. I did not get any RFE for ROC yet and also USCIS customer service representative during phone call mentioned it was a good signal that I did not get any RFE which means I had necessary supporting papers in submitted file. I am really confused now about my status, my life and everything. I am almost 34 now and feeling like a boat without radar who does not know where his destination is going to be. Any advice or opinion regarding my situation?

Thanks! 

 

 

 

 

[Mike E 11,739]

Seems like you can file N-400 but use  https://www.uscis.gov/citizenship-resource-center/learn-about-citizenship/naturalization-eligibility to be sure. 
 

Before pandemic combo N-400 / I-751 cases were the norm and then in 2019 it seemed like I-751 cases were speeding up combo interviews would go away.  
 

Once pandemic hit, combo interviews became normal.  
 

You should try in order:

 

1. calling USCIS and ask for tier 2 officer to get back to you.  
 

2. DHS ombudsman 

 

3. Asking a  federal senator or representative in Congress to inquire about your case 

 

4. hiring an attorney to file a suit for Writ of Mandamus / enforcement of Administrative Procedures Act

[arken 4,197]

Yeah 4 years for ROC is a bit abnormal for sure. File N400 as you are eligible,  may be it triggers ROC interview as well if it you are not interviewed for it by N400 interview time. 

[BrokenWings 8]

35 minutes ago, Mike E said:

Seems like you can file N-400 but use  https://www.uscis.gov/citizenship-resource-center/learn-about-citizenship/naturalization-eligibility to be sure. 
 

Before pandemic combo N-400 / I-751 cases were the norm and then in 2019 it seemed like I-751 cases were speeding up combo interviews would go away.  
 

Once pandemic hit, combo interviews became normal.  
 

You should try in order:

 

1. calling USCIS and ask for tier 2 officer to get back to you.  
 

2. DHS ombudsman 

 

3. Asking a  federal senator or representative in Congress to inquire about your case 

 

4. hiring an attorney to file a suit for Writ of Mandamus / enforcement of Administrative Procedures Act

Thanks for your nice advice and writing in a sequence. I will do step by step then; first trying with USCIS Tier 2 officer and then through DHS ombudsman. By the way, my lawyer is telling me ROC with Divorce waiver can take up to 7 years of time and he is trying to keep me calm. 

[Mike E 11,739]

24 minutes ago, BrokenWings said:

Thanks for your nice advice and writing in a sequence. I will do step by step then; first trying with USCIS Tier 2 officer and then through DHS ombudsman. By the way, my lawyer is telling me ROC with Divorce waiver can take up to 7 years of time and he is trying to keep me calm. 

It shouldn’t take 7 years in normal conditions if you have a final divorce decree and have exhausted your state’s cooling off period.
 

In some field offices, filing N-400  will a accelerate I-751. In others it will pause I-751 until N-400 is adjudicated. If the latter, given how long you’ve waited, I don’t see how filing N-400 can make it worse. I would file N-400 in your situation 

[BrokenWings 8]

18 minutes ago, Mike E said:

It shouldn’t take 7 years in normal conditions if you have a final divorce decree and have exhausted your state’s cooling off period.
 

In some field offices, filing N-400  will a accelerate I-751. In others it will pause I-751 until N-400 is adjudicated. If the latter, given how long you’ve waited, I don’t see how filing N-400 can make it worse. I would file N-400 in your situation 

Your writing has legal terms and meaningful words! I was thinking to file N400 by myself without lawyer's help but not sure if that will be right or not. Also, I stayed outside of USA 01/25/2021 to 05/04/2021 (less than 6 months) and 10/31/2021 to 03/01/2022 (less than 6 months) but if you count them together then it sums up to 7 months approx. I am confused if I had broken continuous residency requirements or not. But I may take your advice and start initiatives to file N400. 

[Timona 4,207]

File N400 online. It'll tell you if you met residency or not and also guide you on what documents to submit!

[Mike E 11,739]

7 minutes ago, BrokenWings said:

Your writing has legal terms and meaningful words! I was thinking to file N400 by myself without lawyer's help but not sure if that will be right or not. Also, I stayed outside of USA 01/25/2021 to 05/04/2021 (less than 6 months) and 10/31/2021 to 03/01/2022 (less than 6 months) but if you count them together then it sums up to 7 months approx. I am confused if I had broken continuous residency requirements or not. But I may take your advice and start initiatives to file N400. 

If you were away 181 continuous days then you’ve broken continuous residency.  I didn’t check the date ranges. 

 

If you have, then you’ve a burden of proof to show USCIS you did not intend to break residency. 
 

Even if you have not been away 181 or more days your will get questions.  
 

And given you had a long absence that ended March 1, 2022, I would not file until June 2. 2022 assuming you have 3 months continuous residence in the same state or in the same USCIS field office district 

Edited March 5, 2022 by Mike E

[BrokenWings 8]

On 3/5/2022 at 7:58 AM, Mike E said:

It shouldn’t take 7 years in normal conditions if you have a final divorce decree and have exhausted your state’s cooling off period.
 

In some field offices, filing N-400  will a accelerate I-751. In others it will pause I-751 until N-400 is adjudicated. If the latter, given how long you’ve waited, I don’t see how filing N-400 can make it worse. I would file N-400 in your situation 

Hello- A quick question: Is it okay if I move to another state from my filing state? I filed from TX and planning to move VA. Will it hurt or linger the USCIS process? 

Thanks

[TBoneTX 45,287]

File the change of address (I-865), and hopefully USCIS will catch up and change your interview site.

Edited March 27, 2022 by TBoneTX

[Mike E 11,739]

1 hour ago, BrokenWings said:

Hello- A quick question: Is it okay if I move to another state from my filing state?

yes 

1 hour ago, BrokenWings said:

 

I filed from TX and planning to move VA. Will it hurt or linger the USCIS process? 

Thanks

It could speed up the process, slow it down, or not change it at all.  It depends on the N-400 comparative backlogs at the previous and current field offices 

[BrokenWings 8]

Hello folks here: I filed this ROC with divorce waiver since April 2018 and from February 2021, the case status is: "As of February 4, 2021, we are ready to schedule your Form I-751, Petition to Remove Conditions on Residence, Receipt Number XXXXXXXXXXXX, for an interview. We will schedule your interview and send you a notice."

Any advice on this matter? It has been over 5 years since I filed for ROC and 2.5 years since it says READY for Interview. Please advise if I need to do anything. I have been a permanent resident since September, 2016 and I think my naturalization time limit is more than it is required. We got divorced in October, 2017 after little over 2 years of marriage. 

[TBoneTX 45,287]

If you have 5 years as a permanent resident as it appears, you can file the N-400 for naturalization.  Doing so often pries the ROC loose, and you'd probably have a combination interview.

 

Before you do this, contact your Congressman's immigration liaison, who can inquire about the status of the I-751.  If this would be your first inquiry through them on this matter, the office will have a release form for you to submit, giving them permission to help you.

 

Might you have missed receiving an interview notice, addressed wrong or misdelivered?  You indicate that you moved.  As stated earlier above, your current local USCIS office may be backed up for many months.

Edited September 8, 2023 by TBoneTX

[Mike E 11,739]

55 minutes ago, BrokenWings said:

Any advice on this matter?

 

On 3/5/2022 at 7:51 PM, Mike E said:

You should try in order:

 

1. calling USCIS and ask for tier 2 officer to get back to you.  
 

2. DHS ombudsman 

 

3. Asking a  federal senator or representative in Congress to inquire about your case 

 

4. hiring an attorney to file a suit for Writ of Mandamus / enforcement of Administrative Procedures Act

For 4, you can DIY:

 

 

[Demise 1,283]

File N-400. Alternatively reach out to your US congressman or US senator and have them inquire as to what's the hold up. Personally I found the ombudsman to be less than useless.