Busting the myth that the N400 knocks the 751 lose

[Rocio0010 5,579]

9 hours ago, nekotakacho said:

My wife has been waiting for ROC for a year and a half. Her N400 interview is Tuesday (in two business days). She waited about 5 months for her N400 interview. 
 

I know you are required to file both the ROC and N400. You can’t skip the ROC step. So consider it a formality and hope the N400 solves your problems. Good luck. 

I know I can’t skip ROC. 
What bugs me is the fact that they don’t respect the FIFO order, even though they say they do

[Crazy Cat 41,833]

10 hours ago, nekotakacho said:

Her N400 interview is Tuesday (in two business days).

Good luck.  It will be a piece of cake. 

[TastyCake 232]

On 6/6/2023 at 10:58 AM, Rocio0010 said:

As some of you may know, I applied for my 751 back in February 2022. My N400 has been pending since February 2023, and it has done nothing to "unlock" my 751. It has somehow been the message in VJ that the N400 speeds up the 751, but I just wanted to throw a word of caution out there and say it is not necessarily the case. So don't have high hopes when you submit the N400 and spend close to $800. 

At this pace, it seems that none of my files have connected to each other, and that my 751 will run its natural course as if I had never submitted the N400.

At the time I write this post we are almost 8 months waiting on our N400.  As for our I751, it will be 20 months waiting very soon.

 

As I look at the processing times on the USCIS website, Vermont is currently at 28.5 months processing its I751s.  Our local field office in Boston is reporting a 10 month turnaround time for its N400s.  However, anecdotal evidence suggests Boston is running slower than that.  Whatever.

 

Mentally speaking, we have kicked the I751 turnaround times to the curb.  We are solely focusing on our N400 now.  By the end of December it will be 14 months waiting on our N400.  We're hedging our bets we could get an interview by the end of the year.

 

With luck we will get a combo interview and that could in fact make filing the N400 a benefit.  It was always in the plan for my wife to go for her citizenship anyway so we filed the N400 at the earliest possible time.

 

As for WoM, use this approach with great caution.  It is very expensive and you may very well get a decision before it gets executed.

 

Writing your senator it's about as helpful as hitting your head against the wall.  I was stupid enough to think it could help but they are not helpful at all.  The USCIS doesn't seem to be overly concerned about inquiries from a senator's office.

 

Edited June 12, 2023 by TastyCake
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[Mike E 11,739]

3 minutes ago, TastyCake said:

Writing your senator it's about as helpful as hitting your head against the wall.  I was stupid enough to think it could help but they are not helpful at all.  The USCIS doesn't seem to be overly concerned about inquiries from a senator's office.

DIY WoM time.

[TastyCake 232]

2 minutes ago, Mike E said:

DIY WoM time.

Question for you, Mike.  If both cases are still within USCIS's processing times, would a WoM still be helpful?

 

It isn't like we had an interview and a decision is still pending.  I also don't know if it's been long enough given other people's situations.

[Family 3,988]

Firstly, WOM will not jeopardize the ultimate decision on the merit of case. ..so if they decide to respond and challenge the WOM , at most WOM is a dud. 
 

Of , course no one wants a $5-$ 10 k fizzle. …but worth every DIY effort and approx $400 filing fee to push for a speedier decision. 
 

It’s the sheer pressure of WOMs that will clear backlogs faster …even for sluggish Field Offices. It is not a a reasonable time frame to allow some wiz by in 4 months while others drag at over 1 year.

[Mike E 11,739]

22 minutes ago, TastyCake said:

Question for you, Mike.  If both cases are still within USCIS's processing times, would a WoM still be helpful?

WoM is a waste of time for N-400. Too soon and the defense can argue that it depends on I-751.

 

You are approaching 2 years for I-751. When Congress added conditional residency, it was never their intent that USCIS would take years to adjudicate. WoM this now.

 

Granted, it was never the intent of Congress that  naturalization take more than 3 months: hence the 90 day early filing because Congress felt it was unfair to make applicants with simple cases wait a day over their 3/5 year anniversaries as LPRs. Congress did give INS 120 days to deny or oath a case. And USCIS is gaming the system now.
 

WoM I-751, get it approved.

 

Then 30 days later WoM N-400.

Edited June 12, 2023 by Mike E

[Family 3,988]

15 minutes ago, Mike E said:

WoM is a waste of time for N-400. Too soon and the defense can argue that it depends on I-751.

I am relying on the WOM mass producing YouTube Fellow who stated action on both I-751 and N-400 can be demanded iONE WOM filing…especially as they are indeed interdependent…

 

Tagging DIY Masters of WOM , for correction if I am off : @igoyougoduke and @Imperium

 

 

 

[igoyougoduke 1,656]

1 hour ago, Family said:

I am relying on the WOM mass producing YouTube Fellow who stated action on both I-751 and N-400 can be demanded iONE WOM filing…especially as they are indeed interdependent…

 

Tagging DIY Masters of WOM , for correction if I am off : @igoyougoduke and @Imperium

 

 

 

Yes you can file them together in one WOM if you have filed 751 and n-400 and both are pending 

[Rocio0010 5,579]

This thread is giving me the stamina to at least consider WoMing USCIS. If don’t hear anything by December, I’ll spend my winter break researching on it. 
But I have my hopes that something good might come my way before then.

 

Let this be a lesson for future applicants: do not overload your applications, I repeat: DO NOT OVERLOAD YOUR APPLICATIONS 

[Mike E 11,739]

7 minutes ago, Rocio0010 said:

USCIS. If don’t hear anything by December

Noooooooo!!!

 

WoM now.

[Rocio0010 5,579]

1 hour ago, Mike E said:

Noooooooo!!!

 

WoM now.

Too many things going on -dog training, summer job, and just working on an exhaust pipe after the school year.

[igoyougoduke 1,656]

On 6/12/2023 at 5:30 AM, Rocio0010 said:

I know I can’t skip ROC. 
What bugs me is the fact that they don’t respect the FIFO order, even though they say they do

and people are believing that uscis processing times on uscis.gov are real..  may i got to sell ice bridge to eskimos  

[igoyougoduke 1,656]

On 6/12/2023 at 2:49 PM, TastyCake said:

Question for you, Mike.  If both cases are still within USCIS's processing times, would a WoM still be helpful?

 

It isn't like we had an interview and a decision is still pending.  I also don't know if it's been long enough given other people's situations.

USCIS processing time are just as good as your trash is worth the price of gold. just saying those numbers are completely made up junk 

[Imperium 81]

I think doing WoM for both may add complexity to it. Strategically, I would file WoM first and get the ROC moved out of the way. It will help push the N400. I do not think N400 will take long after that. Once you have an interview, if there is a delay, invoke your right under 8 U.S.C Section 1447(b)  by depriving USCIS of jurisdiction. It is their worse nightmare.

 

Most foundamental difference in WoM and Action under Sect 1447(b) is the WoM draw sustenanace from APA and forces an employ to work. While Sect 1447(b) is precisely for naturalization delays AFTER an interview. WoM grant Court and CIS concurrent jurisdiction, while Sect 1447(b) deprives USCIS of jurisdiction once District Court recieves your case.

 

Since WoM seeks to remedy administrative delay , In my modest openion, WoM for an ROC is the best tool. Tactically, you are trying to caliberate legal pressure on USCIS that is enough to add urgency to your case. Chosing RoC alone gives your case more traction because of an undisputed delay, unlike the N400.