I-751 pending for 5 years now

[Kh1096 0]

Got married 2016

got green card 2017 ( no interview) 

Submitted I-751 2019 

updated I-751 joined to waiver 2020

apply for citizenship 2021 

got combo interview 2022 - decision could not be made during the interview. 
Got a NOID notice in the mail 2023 - requesting more bona fide evidence. 
 

- the letter mentioned that some of the lease that I had sent were incomplete… and that they did not have the lease for an address that was on my file ( this address was my previous attorney address) 

 

sent extra proof of bona fide :

submitted taxes of 3years. apartment’s lease( on both names) from 3 years I submitted incomplete leases first time and as a noid response I sent the complete one. Also, 3 affidavits, t mobile family plan for 2 years, power( on his name)  and gas ( on my name) bills , pictures,  join account where we transfer money back and forward from our personals account to pay for some bills pay for food etc. However, all of the main bills as apartment’s rent, has etc was paid from my ex personal accounts since he was the one making more money and I was a full time student working part time. 

- Also, since we did not have health insurance we submitted a medical power of attorney where he gave me the right to decide on his health if he could not depending on the circumstances and I did the same. 
- Also send some emails from the complex where we used to live where we discussed move out date and breakdown of the lease since we left the apartment before the lease was up due to the divorce.

 

- I sent some affidavits of people giving faith or marriage and saying how surprised they were about the divorced and how hard it’s been on me 

 

during the interview the agent was pretty serious and she seemed like she had not reviewed my file yet. However, I passed my N-400 and everything it’s been pending since then. 

 

every time that contact USCIS they say “

We are still awaiting the results of the required security checks on your case before we can continue our review.

We recognize your interest in the final adjudication of your pending application or petition and are aware of the difficulties caused by any delay in processing. We regret that we are not able to give you a timeframe for when we will review your case, but USCIS is committed to processing this workload.  We will be making every effort to adjudicate your case in the most efficient manner based on our available resources. “

What should I do at this point ? 

Edited June 27 by Kh1096

[OldUser 6,639]

11 minutes ago, Kh1096 said:

What should I do at this point ? 

Sue USCIS for decision.

But not without building stronger case and gathering more evidence.

[powerpuff 6,697]

Other than suing USCIS to force a decision, your only option is to continue waiting and submitting inquiries.

[Dashinka 24,492]

This thread may be helpful.  I agree, the main options are to wait, or file a WoM.  You can also try the CIS Ombudsman, or your Congressperson, but YMMV.

 

Good Luck!

 

https://www.dhs.gov/topics/cis-ombudsman

 

ion

 

[Kh1096 0]

9 minutes ago, OldUser said:

Sue USCIS for decision.

But not without building stronger case and gathering more evidence.

To be honest I already sent them everything that I have. I wouldn’t know how to collect more evidence at this point. 
My ex got married and have kids now. I got married last week… so we did not keep in contact.  
 

Can I travel out of the estates since I have a NOID? And its pending 
I had a family emergency that I did not go to since I was scared. 

[Kh1096 0]

6 minutes ago, Dashinka said:

This thread may be helpful.  I agree, the main options are to wait, or file a WoM.  You can also try the CIS Ombudsman, or your Congressperson, but YMMV.

 

Good Luck!

 

https://www.dhs.gov/topics/cis-ombudsman

 

ion

 

Would sue them cause them to deny my case right away? 

[Dashinka 24,492]

4 minutes ago, Kh1096 said:

To be honest I already sent them everything that I have. I wouldn’t know how to collect more evidence at this point. 
My ex got married and have kids now. I got married last week… so we did not keep in contact.  
 

Can I travel out of the estates since I have a NOID? And its pending 
I had a family emergency that I did not go to since I was scared. 

OK, this adds a bit of a wrinkle.  You and your spouse that were applying for a joint ROC are now divorced?  Did you submit a divorce waiver request?

 

USCIS may not deny a joint petition solely because the spouses are separated or have initiated divorce or annulment proceedings. If all other eligibility requirements are met and both the CPR and petitioning spouse or stepparent appear for an interview (if requested by USCIS), USCIS approves the joint petition. However, if the divorce or annulment is finalized while the joint petition is pending, the CPR is no longer eligible to remove conditions using the joint petition. However, the CPR may request that USCIS amend the joint petition to a waiver based on divorce.^[4]

 

^{https://www.uscis.gov/policy-manual/volume-6-part-i-chapter-4}

[OldUser 6,639]

5 minutes ago, Kh1096 said:

To be honest I already sent them everything that I have. I wouldn’t know how to collect more evidence at this point. 
My ex got married and have kids now. I got married last week… so we did not keep in contact.  
 

Can I travel out of the estates since I have a NOID? And its pending 
I had a family emergency that I did not go to since I was scared. 

Did the ex ever write a sworn affidavit explaining your marriage eas bonafide and they're ok with you removing conditions?

 

Do you have a valid ADIT stamp to reenter?

 

Technically you can travel with valid documentation but it involves risk.

 

Edited June 27 by OldUser

[OldUser 6,639]

5 minutes ago, Kh1096 said:

Would sue them cause them to deny my case right away? 

Are you sure you're not denied already? If NOID was sent in 2023, that's last year.

Edited June 27 by OldUser

[Dashinka 24,492]

6 minutes ago, OldUser said:

Did the ex ever write a sworn affidavit explaining your marriage eas bonafide and they're ok with you removing conditions?

 

Do you have a valid ADIT stamp to reenter?

 

Technically you can travel with valid documentation but it involves risk.

 

Even if that is the case, if it is still showing as a joint petition, it cannot be approved if they are now divorced.  OP could have filed a divorce waiver, but if they didn't as of yet, a WoM is a waste of money.  I am not sure if I would travel with a possible NOID, but others may know better.

 

[Kh1096 0]

5 minutes ago, OldUser said:

Did tHas he ex ever written a sworn affidavit explaining your marriage was bonafide, and they're ok with you removing conditions?

 

Do you have a valid ADIT stamp to reenter?

 

Technically you can travel with valid documentation but it involves risk.

 

My ex wrote an affidavit when we sent the I-751 joint. After I changed it to waiver I did not send another affidavit from him. 

 

Yes, I have a ADIT that I have been getting for 3 years now. 

 My lawyer told me not to travel and one of my family members die and I could not go to the funeral. Moreover is happening again I have a family emergency and I am scared of going. 

 

I am so over this situation. 

 

[Kh1096 0]

sent the response to the NOID and my lawyer said that it could take months to years.

 

if it was denied already they would had send me a notice and they haven’t. Also, I have been making inquiries if denied they would have say something.

[Dashinka 24,492]

1 minute ago, Kh1096 said:

My ex wrote an affidavit when we sent the I-751 joint. After I changed it to waiver I did not send another affidavit from him. 

 

Yes, I have a ADIT that I have been getting for 3 years now. 

 My lawyer told me not to travel and one of my family members die and I could not go to the funeral. Moreover is happening again I have a family emergency and I am scared of going. 

 

I am so over this situation. 

 

OK, so you filed a divorce waiver, when did that happen?  I assume you also included a copy of the final divorce decree, so you are back to the options of filing a WoM or wait.

[Kh1096 0]

3 minutes ago, Dashinka said:

Even if that is the case, if it is still showing as a joint petition, it cannot be approved if they are now divorced.  OP could have filed a divorce waiver, but if they didn't as of yet, a WoM is a waste of money.  I am not sure if I would travel with a possible NOID, but others may know better.

 

I filed a I-751 waiver. 
and file for n-400 under the 5 year rule. 
I got the NOIID after the combo interview

[OldUser 6,639]

1 hour ago, Kh1096 said:

I filed a I-751 waiver. 
and file for n-400 under the 5 year rule. 
I got the NOIID after the combo interview

If you replied to NOID in timely fashion and it was a strong reply, you can sue for decision. 

Ask your lawyer what's the chance of approval. If they say you have a strong case, then you can hire a lawyer specializing in Writ of Mandamus and get decision soon. That's the only working solution I see. Alternative is indefinite wait.

 

1 hour ago, Kh1096 said:

My lawyer told me not to travel and one of my family members die and I could not go to the funeral. Moreover is happening again I have a family emergency and I am scared of going. 

 

Listen to your lawyer. Of course, if you need to go and say goodbye to a close person you may need to do that despite of risks.

Edited June 27 by OldUser