I751 with a waiver processing time in California and no updates

[leila85 12]

Hello everyone,

 

I writing because it has been over a year and my case is still stuck as (case was received). I filed on July 2021 and I have seen a lot lot of July filers that have been approved in April 2022 for the California Service Center. I went to my biometric appointment on December 2021 and no news after that. Is there anyone else that filed in 2021 in California still on the same boat? I am  worried because everyone who posted their timelines for California Service Center and filed at my same time was already approved few months ago. Maybe if the I751 is after the divorce it takes a little longer to get a decision? 

 

Thank you in advance everyone 

[OldUser 6,660]

8 minutes ago, leila85 said:

Maybe if the I751 is after the divorce it takes a little longer to get a decision? 

It is possible. Your case is not as straightforward as for somebody who's still married etc.

Are you eligible to send an enquiry about your case? Maybe you should do that.

 

[leila85 12]

@OldUser Thank you so much for your info! Yes I can file an enquiry. I have an attorney but I think I will do it myself. I saw posts of people who filed after divorce who got approved in 7 and 11 months 😩 I am planning to move to another state but I do not want to till I have an update cause I know that it will delay the process ever further 😑

 

[Mike E 11,739]

 might have others in your situation 

[leila85 12]

@Mike E Thank you 🙂 Hopefully I will have any update soon I send a bunch of evidence 🙄

[Rocio0010 5,579]

If you applied with a divorce waiver, you’re going to get interviewed. Therefore, you should go by the processing times of your local FO, which is…?

[leila85 12]

@Rocio0010 Hi! I just hope nothing got lost in the mail. I called the attorney several times and talked to the assistant and she said they did not receive anything but I do not really trust them.  Anyway my local office is San Diego California my fingerprints were also taken here 

[Rocio0010 5,579]

26 minutes ago, leila85 said:

@Rocio0010 Hi! I just hope nothing got lost in the mail. I called the attorney several times and talked to the assistant and she said they did not receive anything but I do not really trust them.  Anyway my local office is San Diego California my fingerprints were also taken here 

Do you mean something they sent you? Or something you sent them?

If it is the former, and just because you say you don’t trust the attorney, I would get rid of themselves. What’s the point of having an attorney if you don’t trust them?

if it’s the latter, I hope you kept your receipts. 

[leila85 12]

@Rocio0010 I am thinking that maybe they sent me a RFE or an interview notice and I did not receive it since I am out the normal processing time. It is mostly the attorney assistant that I do not trust, so far the last time I called she said they did not receive anything yet but they haven't been very professional so far and yeah if USCIS will ask me for more evidence I will do it myself. I can do it better than them l believe lol and for free 🤣

[Family 3,988]

4 minutes ago, leila85 said:

am thinking that maybe they sent me a RFE or an interview notice and I did not receive it since I am out the normal processing time. It is mostly the attorney assistant that I do not trust, so far the last time I called she said they did not receive anything yet but they haven't been very professional so far and yeah if USCIS will ask me for more evidence I will do it myself. I can do it better than them l believe lol and for free 🤣

1. Go to USCIS case status, enter your receipt number and you will see if anything has happened 

 

2. Create a USCIS account online and try to link your case ( use receipt #) and you can’t get pinged anytime something happens.

 

3. There are many many caught in the backlogs with longer wait times than you have experienced…some waiting for 3 years…so no reason to panic

 

4. If you want USCIS to send you ( directly) any notices , then you need to “ fire” attorney….but am assuming you paid good money for them to help you…though you should know if that  $$ only included filing the I-751 

 

5. Make decisions good for your life and move to another state if needed….there is no guarantee your case will move faster, just because you stand still waiting for it.

[Rocio0010 5,579]

15 minutes ago, leila85 said:

@Rocio0010 I am thinking that maybe they sent me a RFE or an interview notice and I did not receive it since I am out the normal processing time. It is mostly the attorney assistant that I do not trust, so far the last time I called she said they did not receive anything yet but they haven't been very professional so far and yeah if USCIS will ask me for more evidence I will do it myself. I can do it better than them l believe lol and for free 🤣

If you have a USCIS account your notices should show in the case status update…

[Mobius1 175]

9 minutes ago, leila85 said:

I am thinking that maybe they sent me a RFE or an interview notice and I did not receive it since I am out the normal processing time. It is mostly the attorney assistant that I do not trust, so far the last time I called she said they did not receive anything yet but they haven't been very professional so far and yeah if USCIS will ask me for more evidence I will do it myself. I can do it better than them l believe lol and for free 🤣

If you have received the i-797 (extension) there's no reason you shouldn't receive a RFE or interview notice (provided you haven't moved or have moved and filed AR-11 - Change of address).

 

When USCIS sends notice, a copy goes to you and your lawyer. You could also view in their website, however, case updates are on their mercy.

 

I-751s are taking way too long because they are not a priority task unlike citizenship. Their (uscis) defense would be, "You are able to work and be legal, so what's your rush".

Also, many I-751s be it waiver or joint have their interviews being waived provided that one sends them very strong evidence and doesn't have any fishy business going on that could hint a flag. 

 

You could also do a FOIA, takes about 2-4 months but if they had sent any RFE, it would be there. 

[Rocio0010 5,579]

3 minutes ago, Mobius1 said:

unlike citizenship

Or EB3s. They’re approving those like hot potatoes! 

[Scandi 4,166]

Like Rocio said, since you filed with a divorce waiver you are very likely going to have an interview, so you can't compare your case to others who didn't need an interview (ie those who only go through a service center and not a field office). And, if you didn't have an interview for your AOS you will have an interview for your ROC instead, divorced or not. Can't tell if you had an interview or not since you haven't filled out your timeline.

 

Also all field offices have different processing times, you particular field office (San Diego) might be very backlogged when it comes to i-751 interviews. Some people wait for years and as far as I know, there aren't any official processing times for field offices when it comes to the i-751. So no way of knowing what's considered "out of normal processing times" (you can't go by California Service Center processing times as the service center will not be making a decision on your case, it's your field office that will do that). You have only waited just over a year, that's definitely not odd for this particular petition. Perfectly normal. 

Edited September 11, 2022 by Scandi

[leila85 12]

@Family Hi, thank you for your info! I have an online account which I check everyday 🤣 

The money I paid them was only for the I751 filing, let’s say if they send me a RFE or if he  comes to the interview with me he will charge more… but they are required to tell me if they receive anything supposedly! His assistant made so many mistakes I don’t even want to bore you with that 🤦‍♀️ 
And yeah I really need to move actually!