Suing USCIS due to extremely long ROC wait time [merged threads]

[Villanelle 4,122]

35 minutes ago, Mike E said:

Bluntly your wording is awkward.  
 

Did you get your green card via an immigration visa or via I-485? 
 

This question matters because there is another question to ask but that question depends on answer to the first question.  

 

 

Babayega has various issues that had not been posted here. I have encouraged him to share some of it here as I believe others can offer valuable input.

 

His case is being reviewed hard for bonafides based on valid reasons -there is a police report where he was arrested for DV by a women claiming to be his girlfriend. And not just his present girlfriend but had been his girlfriend the entire time he knew her.  The charges were dismissed as quickly as they were brought it seems. No evidence to support them. He is working on obtaining any court documents that may exist as he only has the police records. He was never contacted by the court. Never went to court. They seemed to have realized right away this was a false claim but unfortunately damage was still done as he now has to wait for USCIS to come to the same conclusion on their own or actually accuse him so he can refute it properly. 

 

He entered with proper intention to evaluate schools and potential housing situations so that he could file the proper F visa upon returning home. However he met his current wife and married in a short period of time which USCIS did briefly question him on implying it was suspicious. 

 

USCIS seems to be dragging their feet on evaluating what they have. They either need to let it go or move forward with the denial process (NOID - denial- court). He is unable to address the issues until they actually present them in a NOID. 

 

I have suggested attempting to use the congressman to demand a decision is made/investigations finished up etc.  Also to perhaps use the attorney to send a letter of his intent to file a WOM. Sometimes the threat of the WOM is enough to get it moving without actually having to spend the money filing it.

 

Its hard because there is no official time frame of how long investigations can take but its been long enough. They haven't called him for a second interview. They haven't sent a NOID. They did attempt a home visit which I believe was mentioned here. 

 

The situation is exactly what calls for a WOM but due to the cost and the current stressors on the marriage it seems he is hesitant to take forceful action. His current joint 751 may need to be amended to a waiver which in itself is not a big deal. People switch to waivers all the time.  Its not enough on its own for denial but it adds an additional layer of complexity as they already have various reasons to doubt bonafides.  So it's understandable he is hesitant to file the WOM or move forward with any kind of divorce process -the best solution here would be for USCIS to simply finish up the investigation already and either approve or present him the NOID.

[Marieke H 2,496]

Thank you for sharing the full picture, @Villanelle! Definitely a complicated situation.

[Mike E 11,739]

49 minutes ago, babayega said:

I am sorry. I don’t exactly know about docs numbers. I married with my wife and I got my first green card via marriage and this issue happened right 6 months later than thy day in 2017 Dec 

Did you interview at a consulate or at a USCIS field office?

[xxD 7]

43 minutes ago, Mike E said:

Did you interview at a consulate or at a USCIS field office?

Yes, I have been interviewed about a year later than my marriage. The officer has already known and asked me about quick relationship, who proposed something, like everything. They approved. 
 

[Mike E 11,739]

6 minutes ago, babayega said:

Yes, I have been interviewed about a year later than my marriage. The officer has already known and asked me about quick relationship, who proposed something, like everything. They approved. 
 

This doesn’t answer my question and so I am out.  
 

In my opinion you need criminal attorney and an immigration attorney. And possibly  a divorce attorney. 

[xxD 7]

1 hour ago, Villanelle said:

Babayega has various issues that had not been posted here. I have encouraged him to share some of it here as I believe others can offer valuable input.

 

His case is being reviewed hard for bonafides based on valid reasons -there is a police report where he was arrested for DV by a women claiming to be his girlfriend. And not just his present girlfriend but had been his girlfriend the entire time he knew her.  The charges were dismissed as quickly as they were brought it seems. No evidence to support them. He is working on obtaining any court documents that may exist as he only has the police records. He was never contacted by the court. Never went to court. They seemed to have realized right away this was a false claim but unfortunately damage was still done as he now has to wait for USCIS to come to the same conclusion on their own or actually accuse him so he can refute it properly. 

 

He entered with proper intention to evaluate schools and potential housing situations so that he could file the proper F visa upon returning home. However he met his current wife and married in a short period of time which USCIS did briefly question him on implying it was suspicious. 

 

USCIS seems to be dragging their feet on evaluating what they have. They either need to let it go or move forward with the denial process (NOID - denial- court). He is unable to address the issues until they actually present them in a NOID. 

 

I have suggested attempting to use the congressman to demand a decision is made/investigations finished up etc.  Also to perhaps use the attorney to send a letter of his intent to file a WOM. Sometimes the threat of the WOM is enough to get it moving without actually having to spend the money filing it.

 

Its hard because there is no official time frame of how long investigations can take but its been long enough. They haven't called him for a second interview. They haven't sent a NOID. They did attempt a home visit which I believe was mentioned here. 

 

The situation is exactly what calls for a WOM but due to the cost and the current stressors on the marriage it seems he is hesitant to take forceful action. His current joint 751 may need to be amended to a waiver which in itself is not a big deal. People switch to waivers all the time.  Its not enough on its own for denial but it adds an additional layer of complexity as they already have various reasons to doubt bonafides.  So it's understandable he is hesitant to file the WOM or move forward with any kind of divorce process -the best solution here would be for USCIS to simply finish up the investigation already and either approve or present him the NOID.

Thank you so much ma’am for your help. I totally appreciated. 
This issue happened on 2017 Dec. When I was applying for N400 (exactly 3 years after than receiving the first green card, and I751 was extended) on October 2020 and this was the first time the USCIS reported that I had a dismissed case. House check about 2 months later than that day too. 
During N400 interview, they asked me about this issue and I was tried to explain the story but they only asked me simple a sentence, what happened. (I went the interview with my wife but even they known that my wife was with me, they only interviewed me) 

About 3 months later ( July 2021) they called us for I751 interview and they asked me here too. It was 13 months ago. I don’t know if 13 months not enough for a background check. 
I also would like to say that , I have a paper says: detention only lack of sufficient evidence, no case filling information found. 

[xxD 7]

8 minutes ago, Mike E said:

This doesn’t answer my question and so I am out.  
 

In my opinion you need criminal attorney and an immigration attorney. And possibly  a divorce attorney. 

Okay. Thank you for everything. I interviewed here, in USCIS office. 

[Family 3,988]

Never pull out a gun unless you are ready to shoot. Mandamus for OP means he will shoot him self in the foot. 
I-751 pending since 2019 is not out of norm for many caught in the backlog , naming @Crazy Cat as one.

 

OP’s issues are as follows. Did he disclose his arrest from 2017 on his 2019 I-751 filing? Should have been

**not clear from statement that only USCIS mentioned it in 2020***

 

The arrest resulted in booking and a three day detention, whatever case law enforcement wanted to make ( be it the charges listed ON the police report itself or others, the DA declined prosecution most likely because the person who called the police refused to press charges and/or co-operate ) 

 

I won’t spend too much time on the obscurity of such details as”  I found myself in ..” , because when I find myself losing money in Vegas, I pretty much have an idea how I got there. 

@Mike Eand a few others tried to ask if that young lady was under 18 and what circumstances are in the police report, not out of mean spirit but it is relevant,….some “issues don’t go away”….and I have the feeling OP may have provided USCIS with a copy of that report….( poor advice if that was sanctioned by an immigration attorney)

 

I am also pretty sure every attorney he consulted told “ Don’t worry, your record is clean”. 

So , yup he was referred to FDNS to see why a newly married man gets caught up with in a scandal just six months after LPR , and lo and behold they couldn’t find anyone there.

As @Villanelle points out they are going to review everything with a fine tooth comb ( including how he obtained his visitor visa)..

 

When OP states , I am happily married for 6 years, how is a reader to guess it actually means” marriage is in trouble and I may need divorce waiver”.

 

So OP, I hope you engage in transparent responses, even if they mean finding the courage to state uncomfortable facts or get a little heat in the Hot Seat. Better practice here before you go through it there! 
Kudos for the Courage!

 

 

[Marieke H 2,496]

I will try this one more time...

 

When you filed the I-751 in 2019, what was your answer to question 20 on page 2? Did you disclose that you were arrested in 2017?

 

And: was this incident with a girl (a minor) or a woman (an adult)?

[xxD 7]

36 minutes ago, Family said:

Never pull out a gun unless you are ready to shoot. Mandamus for OP means he will shoot him self in the foot. 
I-751 pending since 2019 is not out of norm for many caught in the backlog , naming @Crazy Cat as one.

 

OP’s issues are as follows. Did he disclose his arrest from 2017 on his 2019 I-751 filing? Should have been

**not clear from statement that only USCIS mentioned it in 2020***

 

The arrest resulted in booking and a three day detention, whatever case law enforcement wanted to make ( be it the charges listed ON the police report itself or others, the DA declined prosecution most likely because the person who called the police refused to press charges and/or co-operate ) 

 

I won’t spend too much time on the obscurity of such details as”  I found myself in ..” , because when I find myself losing money in Vegas, I pretty much have an idea how I got there. 

@Mike Eand a few others tried to ask if that young lady was under 18 and what circumstances are in the police report, not out of mean spirit but it is relevant,….some “issues don’t go away”….and I have the feeling OP may have provided USCIS with a copy of that report….( poor advice if that was sanctioned by an immigration attorney)

 

I am also pretty sure every attorney he consulted told “ Don’t worry, your record is clean”. 

So , yup he was referred to FDNS to see why a newly married man gets caught up with in a scandal just six months after LPR , and lo and behold they couldn’t find anyone there.

As @Villanelle points out they are going to review everything with a fine tooth comb ( including how he obtained his visitor visa)..

 

When OP states , I am happily married for 6 years, how is a reader to guess it actually means” marriage is in trouble and I may need divorce waiver”.

 

So OP, I hope you engage in transparent responses, even if they mean finding the courage to state uncomfortable facts or get a little heat in the Hot Seat. Better practice here before you go through it there! 
Kudos for the Courage!

 

 

You were like with me. Your estimated things almost correct. 
The lady that I got a problem is more than 25  . When I was applying for I751, yes there were question that have you ever been arrested. We said yes and mentioned details except the girls report (because all lie. By the way the only things she said, I used my body force and puss her away.  There is nothing in the report as touching to her) 

- My wife already known her before the issue.  I mentioned about her to my wife. there was a girl at the school and crazy and fall in love smthing. During the I751 interview, the officer asked my wife about that and my wife also explained everything. My wife also said it’s happened about 4-5 years ago. 
thank you so much

[xxD 7]

3 hours ago, Villanelle said:

So it's understandable he is hesitant to file the WOM or move forward with any kind of divorce process -the best solution here would be for USCIS to simply finish up the investigation already and either approve or present him the NOID.

After reviewing all these comments, I am thinking about that now. But I send a inquiry about outside off process and I contacted with congress about 2 weeks ago. I totally confused what I could do. By the way after applying inquiry, I received an email from USCIS only 3 days later, says “ case pending adjudication and under extended review. 
 

thank you for all advices. 

[OldUser 6,596]

27 minutes ago, babayega said:

You were like with me. Your estimated things almost correct. 
The lady that I got a problem is more than 25  . When I was applying for I751, yes there were question that have you ever been arrested. We said yes and mentioned details except the girls report (because all lie. By the way the only things she said, I used my body force and puss her away.  There is nothing in the report as touching to her) 

- My wife already known her before the issue.  I mentioned about her to my wife. there was a girl at the school and crazy and fall in love smthing. During the I751 interview, the officer asked my wife about that and my wife also explained everything. My wife also said it’s happened about 4-5 years ago. 
thank you so much

I'd suggest getting the wording straight. I see why IO may get confused. I didn't personally understand whether it's one or two incidents in your history. Whether there was a girl incident and a woman incident or just woman.

Edited August 16, 2022 by OldUser

[xxD 7]

9 minutes ago, OldUser said:

I'd suggest getting the wording straight. I see why IO may get confused. I didn't personally understand whether it's one or two incidents in your history. Whether there was a girl incident and a woman incident or just woman.

Just a woman, more than 25 years old. I am so sorry sometimes missing answer and some words. 
I would like to say, My wife has already know the woman that I got issue in 2017. My wife has never met up with that woman, I just explained my wife long before than the issue. 

[Family 3,988]

Got it, you disclosed the arrest on both I-751 and N-400 and the incident did not involve a minor. 
 

Your wife forgave you when she let you come home after 3 days MIA and reading police report…so USCIS won’t have a choice either, Lol! 
 

On a serious note , does your wife want a divorce NOW? 
 

Is the marriage breakdown the reason why you are worried about the delay? 
 

Are you and your wife considering divorce? Will it be a friendly let’s go our separate ways now OR knock down fight with brass knuckles whose got a better lawyer battle ?

 

Edited August 16, 2022 by Family

[xxD 7]

13 minutes ago, Family said:

Got it, you disclosed the arrest on both I-751 and N-400 and the incident did not involve a minor. 
 

Your wife forgave you when she let you come home after 3 days MIA and reading police report…so USCIS won’t have a choice either, Lol! 
 

On a serious note , does your wife want a divorce NOW? 
 

 

 

As I mentioned and my wife also mentioned during interviews; I have talked with my wife about the lady long before than the issue. Of course my wife was angry, we did a lot things to fix our relationships. Anyways, 

 

for now, I hired a new company about 3-4 hours north to our home and my wife has been already work about 1-1.5 hours south to our house. She doesn’t wanna move, we have already having other problems. Yes, if I also give up, this relationship would be end, sadly. 

Edited August 16, 2022 by babayega