kenk3z

This is my opinion - I don't think the online status will change to reflect receiving what you sent for the RFE. The status will show that they issued you a RFE letter, but not that they have ever received your response to the RFE. If your response is good for what they wanted, then your status should change at some point to "approved" and placed in the queue for an oath ceremony.

It is very hard to get through the time period after they issue you an RFE, because they make it clear that if you don't respond, it is the same as abandoning (stopping) the application for citizenship. Knowing this led me to send my wife's RFE response three different ways through the mail. Nothing was ever acknowledged by USCIS, but at least I had Certified Mail receipts showing a response had been sent.

For my wife, we had to let the "normal" processing time pass and then we did the electronic request (e-request) for information. We don't know if the e-request had any effect, but the approval of my wife's application came in within the 30 days they allow themselves to respond to the e-request.

Good luck,

kenk3z

There are some instances where the District Court has scheduled people for "private" oath ceremonies. That is, you are the only one making the oath and are in the judge's chambers (office).

I don't know how this is set up, but have heard of it being done before. And if you look at some of the court's online schedules you can see this type of event.

But January 18th is soon enough and I hope you are successful at that time.

Lost Person 2, can you give me any information on how long you were in the QUEUE waiting for an oath ceremony appointment? That is, how long from the time you were informed that you were placed in the queue waiting for an oath ceremony, and when you actually received the letter with the oath ceremony assignment?

My wife is in the queue, and she is going crazy waiting for the oath ceremony schedule letter. When they place you in the waiting queue, you are told that you will get the letter for the oath ceremony time within 45 days. Right now it has been about 55 days for her case, but I have told her the government virtually shuts down over each of the holidays (Thanksgiving, Christmas and New Years).

Since you went through the Fairfax USCIS office and then on to the Charlottesville District Court, I think your case timeline for these two events would interest us.

Thanks,

kenk3z

Hello,

My wife received E-Mail notification on November 12, 2012 that her application has been approved (there was a long wait after her interview for a name change form to be processed) and she would be scheduled for an oath ceremony within 45 days.

Nothing yet. Have you heard anything? Did you go to the Fairfax, VA office for the interview?

kenk3z

The Charlottesville US District Court is in the WESTERN district of Virginia and they serve immigration oaths for people living near the court. Do you live near Charlottesville?

There is a web page that shows the scheduled oath ceremony dates for the western district of Virginia:

http://www.vawd.uscourts.gov/Naturalization/

A similar web page is available for the Eastern district of Virginia:

http://www.vaed.uscourts.gov/resources/naturalization/index.html

It looks like the Eastern courts are held in Alexandria, Richmond, and Norfolk. Do you live closer to any of these places than Charlottesville?

I think what I would do is call the Charlottesville court to see if they have you on any list of people scheduled for an immigration oath.

At the same time, I would be in contact with USCIS to find out if anything the Immigration Officer at Charlottesville told you was true - regarding being re-scheduled for another location. To me, that would be very unusual.

Good Luck, and keep us posted on what you find out. It will be helpful to many, including my wife who is waiting to be scheduled for an oath ceremony at Charlottesville.

kenk3z

Hello Arlington,

My wife came to the USA on a fiance visa that was (of course) applied for and granted in her maiden name. When you come into the country on a fiance visa, the rule is that you must either get married or leave within 90 days. We married within that 90 days and the local county marriage certificate shows the maiden name and new married name. The name in her home country passport has never been changed from her maiden name.

From the time of marriage on, every application we have made to USCIS uses her full married name. Her adopted married name of "Alpha Bravo Delta" is on her current 10-year green card. All her other documents like Social Security card and state driver's license show her full married name. Doing things this way is discussed in the other forums here as the easiest way to establish a female immigrant's new identity in the USA in the situation where they marry shortly upon entering the country. The married name is legal, and establishing all the ID documents in this name eliminates the need to change anything later.

So even though USCIS clearly knows my wife's full name and has used it on their own identification documents - for the purpose of the naturalization document she needs a name change form to use the full "Alpha Bravo Delta". I certainly don't mind the extra piece of paper, it's the excessive time delay to the naturalization process that I think is unnecessary. If the USCIS case officers were trained properly, they would catch this in the interview process, or even earlier when the N-400 is first received. This really should be taken care of as a document to attach to the N-400, or at the latest as a document to fill out during the interview. But USCIS does not make Form N-XXX available to the public. It's like a "secret" USCIS form that hits you by surprise.

Another way to avoid the name change issue at naturalization is for the immigrant to continue to use their "old" middle name if they have one. In some situations I can see where this might be the most desireable choice anyway. In my wife's case where she had no middle name from her home country, the name change process is worth it to us.

Because my wife has her home country passport in her maiden name and her green card in her married name, when we travel overseas she also carries her marriage license to tie the two documents together. At the time of her last trip, she also had a stamp in her passport from her embassy (in the USA) that explained that she is married and has the married name of "Alpha Bravo Delta". This was included when she applied for a new passport, but all they did was stamp in an extension to her old passport at the embassy. She has since renewed her passport again and received a new passport in her maiden name with no such stamp. During our travel we had no problems with this chain of documentation - home country passport, USA green card, and marriage license. The only catch is that the plane tickets MUST match the passport.

kenk3z

I thought I would update all of you on my wife's N-400 application status, since her successful interview on May 24th 2012.

This has turned into a much longer wait for an oath ceremony than we expected. It has my wife upset because she thinks something is wrong. Most of her friends (from her home country) have gone through the N-400 citizenship process much quicker than her.

The first thing that happened was a request by E-Mail to complete a "name change" form. This form has USCIS Form N-XXX on it. No official form number, and you can't find it anywhere to download. The request came from the person I believe was my wife's case officer at the interview. She stated that when a USCIS supervisor conducted a review of the overall N-400 package, the supervisor required this "name change" form. The E-Mail provided the form, explained how to complete it, and suggested scanning it and returning by E-Mail or Fax. We ultimately were able to get a fax confirmed as received by this officer.

I don't know why a name change form is required anyway. But here is the situation. Let's say my wife's maiden (unmarried) name is "Alpha Bravo" with no middle name. I am "Charlie Delta". In my area of the country, it is relatively common for the wife to use her maiden name as her new middle name upon marriage. So all her documentation since marriage, including all USCIS applications, has used the name "Alpha Bravo Delta". Her Green Card was issued with "Alpha Bravo Delta" shown. This seemed perfectly normal to me and we did this all along so that my wife would have the traditional three names most people have in the USA. According to this USCIS supervisor, the USA will only recognize my wife as "Alpha Delta" with no legal middle name. We want the middle name so the "name change" form was completed and sent back.

About a month later, my wife received a Request For Evidence (RFE) with these same forms. It seemed pretty obvious that somewhere along the way a determination was made that a fax was not suitable. This was sent back well ahead of the early August RFE deadline. In fact I sent this RFE information back three different ways and from three different post offices. I was motivated to do this because when you send a USPS Certified Letter to the USCIS Fairfax Virginia address, the post office delivers the letter to a Department of Homeland Security location apparently inside Washington DC (a different zip code). So I thought the letter had been mis-routed and sent it again. Same result.

Well, here it is nearly October and nothing - no change in status to be scheduled for an Oath Ceremony.

I told my wife that I think her application is still in process due to the name change form. We all can read opinions here that a name change prompts another FBI name check, and that the name change form has to be processed through a federal court. I also told my wife that if the RFE information had not been received, we would have received a notification of application termination from USCIS.

What I hope to pass along to others reading here is to be aware of the "name change" issue going on at USCIS, particularly at Fairfax. The Case Officers are working to different rules or requirements than the Supervisors reviewing the N-400s. If you have anything resembling the "name change" that I describe above in your N-400 application, discuss it (firmly) with your Case Officer at the interview and get the "name change" form completed while you are there at USCIS.

Unfortunately this form is not available (as far as I can tell) for download so it cannot be sent in with the N-400. Even within USCIS it is called Form N-XXX. But handling this at the interview will save the time that it would otherwise take to process it as an RFE.

I was in the Fairfax office with my wife for her interview on May 24th 2012. She passed with no problems.

After passing the interview, which went pretty much according to the script that she prepared for, there was a question about the oath ceremony. Because of where we live in Virginia, the officer wanted her to sign special forms agreeing to an oath ceremony at Monticello (Thomas Jefferson's home) on July 4th. My wife didn't understand this and asked for me to be called in - so I got to meet and talk with the officer a bit (while also tugging along a 6- and 2-year-old). We could not agree to the July 4th oath ceremony because of other plans. So the officer told us that my wife would be sent an assignment letter for another oath ceremony in Charlottesville, VA on another date. That letter has not arrived yet and there has been no change in her online status.

To add to the uncertainty, the officer forgot to give my wife a N-652 form which I understand describes the results of the interview. But the officer did indicate verbally that the interview was passed. I saw most other people coming out of the interview area holding a piece of paper which I expect was this form.

So it was a bit of unexpected excitement to be called by the officer - I didn't know what to expect had happened.

When preparing for the interview (N-400 based on more than 5 years residency, not based on marriage) I ordered tax transcripts for the past three years which showed us filing jointly. My wife said the officer noticed these in her "preparation" folder and asked to see them. She said the officer appeared to relax a lot after checking our tax transcripts. So even though they are not supposed to be required for the interview based on 5 years residency, I recommend getting them as preparation.

Good luck to you all on the oath ceremony - I don't know why they did away with the same-day process. Too much work I guess.....

kenk3z

You have a child together? That's extremely good evidence. Be sure to include a copy of the child's birth certificate. We also included our child's US Passport ID page.

I already had the house for 10 years before my wife came to this country. I hate extra taxes and fees, which is what you will pay plenty of if you try to rework the deed and mortgage to joint ownership.

We had plenty of other evidence, as you do also, so I just put a statement on the cover letter that we do not have a joint mortgage or house deed due to the above circumstances. (I didn't mention the part about not liking taxes. )

Having the child together, filing joint taxes, having a life insurance beneficiary form, etc. was sufficient.

kenk3z

We just received the same thing. At the bottom of the printed text, they seem to indicate the letter came from our local USCIS office in Fairfax, VA.

I have a theory now that VSC is farming out their backlog to the local offices for removal of conditions decisions. If the package looks good, the local office sends you this cheap looking form letter. If not, they call you in for interview or maybe issue an RFE.

I was expecting something more official like the letter received with the 2-year card, the "Welcome to America" letter. But this will do just fine.

Anything to reduce the year-long backlog at VSC for what should be a simple matter - removing conditions.

kenk3z

As things developed, my wife's I-751 was approved yesterday.

The only thing I can think of is that they were getting ready to work on your case, and discovered that your fingerprints were not fully readable. That's just a total guess on my part. But the reason you were given, that your fingerprints "expired" is not consistent with anything else I've ever heard.

Normally if fingerprints are judged to be not readable, they call you back fairly quickly to get them redone. I expect what happened in your case was that someone dropped the ball on getting you back in for a repeat biometrics appointment earlier, and are now just doing a cover-up by declaring your fingerprints expired.

Presuming they have to start the fingerprint check all over again, it may be some time before you get approved. I hope I'm wrong. But you should probably start thinking about making an InfoPass appointment to get a stamp in your passport as an extension of your travel documentation. This was something I really didn't want to do in my wife's case because I've heard they take your original green card before giving you the stamp. I wanted to keep that card as a keepsake for her and future generations.

Good luck and I hope your case moves along quickly once the fingerprints are done (again).

kenk3z

Did you actually submit your fingerprints on a "fingerprint card", like ink on your fingers?

I think the way fingerprints were taken of my wife was by an electronic scan. That was at the center on Route 1 near FT. Belvoir.

Did you go somewhere else for biometrics? Did they use a real card to take your fingerprints?

Did the letter you received provide an appointment somewhere to get new biometrics? Or instructions on what to do next?

kenk3z

I have heard that fingerprints somehow "expire" at USCIS but had the impression it took longer than a year for that to happen.

Our I-751 was submitted in the same time frame as yours, also at VSC. Biometrics in the same time period as well. Haven't heard anything nor seen any "touches" online. Has your online CRIS status changed any since the biometrics date?

kenk3z

I think this is the time of year that they have to tap the maple trees for the maple syrup. Plus its hunting season. And its cold up in Vermont, they have to get the firewood cut and stacked. So I'm thinking they are all on vacation leave at the same time.

kenk3z

My guess is that they "possibly" want to compare your originals with photocopies in the package(s) you have already sent them. It also could be part of the "routine" involved in getting called to interview. They just ask everyone to bring originals.

Did you cross out or mark out anything on the photocopies you sent? Like account numbers, phone numbers, etc.?

I expect the officer "might" want to look at an original to verify a photocopy, but not keep the original.

You've gone this far, just collect your originals and take them all as if they have nothing in the file.

kenk3z

Good info to know. My wife is right up at the current VSC processing queue according to the reports here in the forum. Her case has not been touched, and I am expecting an RFE because at the time we were not up-to-date on filing tax returns and additionally did not send transcripts (we sent copies of the forms filed).

Now that we are caught up (the stimulus check was a great motivator) I have already ordered transcripts of the past three years in anticipation of an RFE.

We also took a family trip together back to see her family in Thailand and I saved all those records, plus we have additional pictures.

I personally believe the examiners are more likely to pull the "RFE Trigger" because our cases are all a year old. They just want to see current information.

kenk3z

Wait for the official tax transcripts.

That's my a-d-v-i-c-e to you. They are conclusive evidence that the USCIS bean counters and button pushers find easy to approve. Waiting a few more days for those tax transcripts may save you an RFE for more evidence later.

kenk3z

I edited this post because something in the board software changes my word "....advice..." to the word "...thoughts....." Is there a lawyer program (or virus) on here?

If the process to calculate and post the current processng date were automated, that would not allow for falsification or "massaging" the information.

You don't really believe the posted processing dates are accurate, do you? There's some politics in there.

kenk3z

Vermont Service Center is way behind on their I-751 processing.

This is because they were directed to process a bunch of Texas Service Center I-751s, and to emphasize N-400 Citizenship applications at the highest priority before the national elections.

So, what I expect will happen is all of us who are approaching one year without action will get RFEs at a high percentage rate. They will do this just to complete their picture of the evidence over time. If you were in a fraudulent relationship, you might ease off on the "proof" after filing your original I-751, and they are just looking deeper into the current situation.

What we have here are RFEs being issued because of the inefficiency of the VSC. It has little to do with your situation personally. I expect that if you had kids together, you'd still get the RFE just for current tax transcripts.

What you have posted should service as a warning to all of us with cases pending at VSC - be prepared to get an RFE. Their incompetence will lead to a lot more effort on our part - and of course not their part. By issuing the RFE, they cover themselves better and cause a further "legitimate" delay to ease their workload burden.

Just do your best to collect and send in current information and let them deal with it. I'd send in the original information too if it wasn't noted in the discussion of evidence.

kenkz

gatorubio seems to have jumped ahead of some others in line.

What's your secret? Triplets? Senator?

kenk3z

For a large number of us, if not most of us, the search does not work until after the biometrics appointment. I see from your timeline that you haven't been yet.

Use the case number from your NOA, but wait awhile after completing biometrics and see if it shows up then.

The wait for the case to show up online is pretty intense, but the intensity will fade away after you've been waiting a year with no action on that case - for Vermont SC processing anyway.

kenk3z

VSC is very messed up these days.

You should have received a biometrics notice already. Most people receive the appointment letter within a month of the initial NOA letter. Don't let this go because if you never go to biometrics they may consider your application "abandoned" and start a deportation process. I know that sounds alarmist, but that's how serious biometrics are (in the extreme).

At least call the USCIS Customer "Service" to find out what happened.

And you are not likely alone in this situation. There was some kind of problem a while back where VSC apparently could not tell if they had sent out NOAs to all I-751 applicants. Since they could not tell what they had done, they sent EVERYONE a duplicate NOA to be sure that people had their one-year extension paper.

I expect the same thing is going on with biometrics. Plus there is always the simple case where a letter from USCIS gets lost or misdelivered in the mail.

Call and find out.

kenk3z

My wife receieved her very first learner's permit in Virginia using her expired Green Card and the NOA letter. In her case, they made it valid until the expiration of the letter (the one-year extension). We know of other cases where the DMV clerk wasn't attentive (imagine that) and gave licenses that were valid well beyond the letter expiration (like three years).

Your results may vary according to who you come up against at DMV. If you get a DMV Nazi, go to another DMV office or go back another time to see someone else.

These are very low educated people you are dealing with who don't know their own rules.

If you really have problems at other offices, the Fredericksburg DMV office is the one that understands the NOA extends the Green Card, and you can go there.

kenk3z

USCIS generally will react well withn those 90 days prior to Green Card expiration, to send you a NOA that extends status for one year. A lot of people need to keep their status continuous, because of several reasons:

- Employment, or change employment

- Driver's license usually expires with the Green Card in most cases

- Travel out of the country and return

- Stopped on the street and interrogated about immigration status (your papers please!)

You may laugh at #4 above, but it is happening in more places more often these days.

kenk3z

It seems to be a policy guideline that they are not able to comply with. So they ignore it pretty much without anything happening to them.

The rumor going around is that USCIS is processing citizenship applications at the highest priority and ignoring all other applications, apparently to support voting rights for the upcoming presidential election. I haven't a clue why that could be so important to the US Government. Maybe Bush thinks most new immigrant citizens will vote Republican?

Regardless of the reason why, the processing of I-751 petitions has dropped off to nothingness, at least at VSC. Maybe they think it has little impact on the petitioner, since they are already in a "safe" status. But it is very inconvenient to carry around an expired Green Card, a NOA paper, and a passport with (multiple) I-551 stamps.

The conditional Green Card should be good for a longer period of time, like four years.

kenk3z

In most cases, your home country's Embassy in the United States is capable of extending or issuing a passport. My wife went to the Thailand Embassy in Washington DC and they stamped in a 3-year extension into her passport. When that is finished I expect they will issue her a new passport. We went in person because it is so close (and they stamped her passport right then) but they also accept passport applications by mail.

How long has your passport been expired? If not too long then you have a good chance at renewal by the Embassy.

Try to find the web site for your home country's Embassy in the United States. Hopefully they will have passport renewal information and the forms you can print out at home and complete.

So, the advice is to get your passport taken care of first, and then go to get the I-551 stamp. Be sure to ask for your old passport back. Even if they punch holes in it the documentation inside (like your visa) may be helpful in the future.

kenk3z