Jump to content

241 posts in this topic

Recommended Posts

Posted

Hello,

I have been a big fan of this website for long time and finally seems like, now its my time to beat the drum. I filed my joint I-751 to VSC on June 2013 but few days ago got an update on my case stating that my CRI89 PETITION TO REMOVE CONDITIONS OF PERMANENT RESIDENT STATUS RECEIVED, has transferred to local USCIS office for further processing. Your local office has jurisdiction on your case and will send you a decision as soon as processing is complete or your will be notified if further information or action is needed. I am just wondering what would be the next step for me. I read in several threads that if the file is transferred to local office it would be for interview. My file was transferred without asking for any RFE documents by VSC to local field office. Is this common?

I-751 form was filed along with following documents:

Joint I-751 form

joint Residence lease documents

GC phocopy

2010, 2011,2012 joint taxes

ID cards photocopies (mine and my spouse)

joint Health Insurance Cards photocopy (both my and my spouse)

Letter of affidatives from my friend and my mother in Law.

joint Utility bills since 2011 (electricity and cable)

Joint bank Account statements since 2011

car insurance which shows both of our names on the policy

Last three months Pay stubs from my current job

Pics (our vacation pics as well as pics with her family).

So now i found out that my case has been transferred to local field office, could you please advise what would be the next step possibly taken by field office.

According to Improving the Process for Removal of Conditions on Residence for Spouses and Childern document published February 28th, 2013 (unsure about the validity of the document).

check this link: http://www.dhs.gov/sites/default/files/publications/cisomb-conditional-residence-recommendation-final-02282013_1.pdf

Notwithstanding referral by the service center to a district office, a district director may upon review of the Form I-751 and supporting material, waive the interview requirement and adjudicate the petition. Where an interview is deemed essential, it must be scheduled by USCIS within 90 days of the date on which the Form I-751 petition was properly filed, and with written notice to the petitioner(s).

If interview is deemed by USCIS, it must be schedule within 90 days on which the Form I-751 is submitted. In many threads i have read that some people are not called in for interview for years. Not sure what is true. Can some one who has been working on immigration ans has extensive knowledge on such law provide your feed back.

If above is true and don't receive interview letter from USCIS within 90 days of I-751 filling, what should i expect from local field office?

Your help is truly appreciated.

Thanks

Posted

According to 8 C.F.R sec 216.4 (b) (1)

(b) Interview -- (1) Authority to waive interview . The director of the regional service center shall review the Form I - 751 filed by the alien and the alien's spouse to determine whether to waive the interview required by the Act. If satisfied that the marriage was not for the purpose of evading the immigration laws, the regional service center director may waive the interview and approve the petition. If not so satisfied, then the regional service center director shall forward the petition to the district director having jurisdiction over the place of t he alien's residence so that an interview of both the alien and the alien's spouse may be conducted. The director must either waive the requirement for an interview and adjudicate the petition or arrange for an interview within 90 days of the date on which the petition was properly filed.

It clearly says that if the director MUST either waive the requirement for an interview and adjudicate the petition or arrange for an interview within 90 days of the date on which the petition was properly filed.

So i am wondering if anyone has experience who had interview in the past and if that interview was scheduled within 90 days of the date i-751 was filed?

Filed: Citizen (apr) Country: India
Timeline
Posted

Hello,

I have been a big fan of this website for long time and finally seems like, now its my time to beat the drum. I filed my joint I-751 to VSC on June 2013 but few days ago got an update on my case stating that my CRI89 PETITION TO REMOVE CONDITIONS OF PERMANENT RESIDENT STATUS RECEIVED, has transferred to local USCIS office for further processing. Your local office has jurisdiction on your case and will send you a decision as soon as processing is complete or your will be notified if further information or action is needed. I am just wondering what would be the next step for me. I read in several threads that if the file is transferred to local office it would be for interview. My file was transferred without asking for any RFE documents by VSC to local field office. Is this common?

I-751 form was filed along with following documents:

Joint I-751 form

joint Residence lease documents

GC phocopy

2010, 2011,2012 joint taxes

ID cards photocopies (mine and my spouse)

joint Health Insurance Cards photocopy (both my and my spouse)

Letter of affidatives from my friend and my mother in Law.

joint Utility bills since 2011 (electricity and cable)

Joint bank Account statements since 2011

car insurance which shows both of our names on the policy

Last three months Pay stubs from my current job

Pics (our vacation pics as well as pics with her family).

So now i found out that my case has been transferred to local field office, could you please advise what would be the next step possibly taken by field office.

According to Improving the Process for Removal of Conditions on Residence for Spouses and Childern document published February 28th, 2013 (unsure about the validity of the document).

check this link: http://www.dhs.gov/sites/default/files/publications/cisomb-conditional-residence-recommendation-final-02282013_1.pdf

Notwithstanding referral by the service center to a district office, a district director may upon review of the Form I-751 and supporting material, waive the interview requirement and adjudicate the petition. Where an interview is deemed essential, it must be scheduled by USCIS within 90 days of the date on which the Form I-751 petition was properly filed, and with written notice to the petitioner(s).

If interview is deemed by USCIS, it must be schedule within 90 days on which the Form I-751 is submitted. In many threads i have read that some people are not called in for interview for years. Not sure what is true. Can some one who has been working on immigration ans has extensive knowledge on such law provide your feed back.

If above is true and don't receive interview letter from USCIS within 90 days of I-751 filling, what should i expect from local field office?

Your help is truly appreciated.

Thanks

Due to heavy load at VSC, some cases are being transferred to CSC and to Local Offices. So don't worry and it will take the same course.

USA

01/08/13 - Approved and GC is order for production on 1/8/14

09/12/13 - Case transferred to CSC. NOA2 received on 09/18/13

08/30/13 - Biometrics Done - No walk ins allowed at this LSC (received on 8/16/13).

08/05/13 - NOA1 (received on 08/10/13)

08/01/13 - Mailed I-751 (received on 8/2/13 - check cashed on 8/5/13)

12/28/11 - Received SSN (applied on 12/20/11, as we didn't get based on DS-230 options)
11/28/11 - Received Green Card (Expires on 10/30/13) - Welcome Letter on 11/17/11
10/30/11 - POE - Houston, TX

Chennai Consulate (40 days)
10/28/11 - Received Visa papers and Passport at VFS
10/25/11 - Interview Cleared Successfully (Spouse was not allowed in)

NVC: (90 days from NOA2 to Consulate)
08/31/11 - Case Completed (Interview 10/25/11) - Received at Chennai on 09/19/11
07/22/11 - NVC Case Number

USCIS: (92 days)

6/21/11 - NOA2 (NOA1 on 3/25/11) - took a month to get to NVC
3/21/11 - I-130 sent to USCIS Lockbox, Chicago.

Posted

Thanks Navyk for your input. Law clearly states that the local adjucating director has the right to make the decision on his desecration based on supporting documets submitted.

Has anyone gone through similar experience where I-751 applicaiton is transferred to local office from Service center without sending RFE? I might have gone bit crazy but my understanding is that USCIS service center initially request for supporting documents if adjucating director is not satisfied with the supporting documents sent along with I-751 application. Upon receiving RFE docuements, they re-evaluate and make the decision if the case should be transferred to local service center for intervew or approve/deny.

Just wondering if anyone's i-751 has approved without an interview from local USCIS field office?

Filed: Citizen (pnd) Country: Lebanon
Timeline
Posted

Hello,

It's a little too early to tell.

Have you seen this link?

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=405247ce85e50410VgnVCM100000082ca60aRCRD&vgnextchannel=e7801c2c9be44210VgnVCM100000082ca60aRCRD

It basically states that the Vermont Service Center is backlogged, and that they'll be transferring cases to the California Service Center.

I'm just guessing that this might even backlog CSC, which in turn, would be best for VSC to transfer those cases to your local USCIS field office instead of CSC.

It doesn't necessarily mean that you'll be getting an interview.

I'm a June filer as well (last one on the VSC list), and none of us heard anything yet.

I would recommend you add your name to the June filers thread so you can track what's going on with the rest of us.

http://www.visajourney.com/forums/topic/433684-i-751-june-2013-filers/page-16

Anyway, good luck and keep us posted.

N-400 - Texas Lockbox

Day 000 06/24/2014 Mailed N-400 Package
Day 003 06/27/2014 NOA sent
Day 004 06/28/2014 Checks Cashed
Day 006 06/30/2014 Acceptance Text & Email
Day 011 07/05/2014 NOA received
Day 013 07/07/2014 Bio letter sent Text & Email
Day 034 07/28/2014 Biometrics done
Day 052 08/15/2014 In line for interview
Day 053 08/16/2014 Yellow letter
Day 107 010/9/2014 Schedule for interview
Day 143 11/14/2014 Interview (RFE)
Day 261 03/12/2015 Inquiry request and called USCIS
Day 268 03/19/2015 Inquiry answered - recommended for approval 02-11-2015
Day 274 03/25/2015 Placed in line for oath ceremony
Day 295 04/15/2015 Became a US citizen!

Posted

Sounds like VSC is offloading extra applications to the local office, which isn't unusual.

Then again as far as the local office's concern, an application transferred to there will have you either A. Being interviewed due to QA or something fishy; or B. Approved without any further actions.

It is quite unusual to have someone's application send to local office without asking RFE first. Then again they might be SO busy they don't even have the time to make that decision.

Best thing to do right now is just wait. Then again if you are qualified to file for N-400 (Citizenship), by any means go ahead, it'll push them on your ROC.

Filed: Citizen (apr) Country: India
Timeline
Posted

Thanks Steve for the update. Seems like there isn't much to do besides wait and see how things go.

You can always call USCIS and ask them the reason/s for transferring your case to a Local Office. If I were you, I would.

USA

01/08/13 - Approved and GC is order for production on 1/8/14

09/12/13 - Case transferred to CSC. NOA2 received on 09/18/13

08/30/13 - Biometrics Done - No walk ins allowed at this LSC (received on 8/16/13).

08/05/13 - NOA1 (received on 08/10/13)

08/01/13 - Mailed I-751 (received on 8/2/13 - check cashed on 8/5/13)

12/28/11 - Received SSN (applied on 12/20/11, as we didn't get based on DS-230 options)
11/28/11 - Received Green Card (Expires on 10/30/13) - Welcome Letter on 11/17/11
10/30/11 - POE - Houston, TX

Chennai Consulate (40 days)
10/28/11 - Received Visa papers and Passport at VFS
10/25/11 - Interview Cleared Successfully (Spouse was not allowed in)

NVC: (90 days from NOA2 to Consulate)
08/31/11 - Case Completed (Interview 10/25/11) - Received at Chennai on 09/19/11
07/22/11 - NVC Case Number

USCIS: (92 days)

6/21/11 - NOA2 (NOA1 on 3/25/11) - took a month to get to NVC
3/21/11 - I-130 sent to USCIS Lockbox, Chicago.

Posted

I am going to give them 90 days before calling them because clearly DHS ombusman article says that USCIS MUST send interview notification within 90 days of which I-751 was filed. So waiting until 90 day is over and will call them to find out the reason. I see several other people who also have in same situation as i am who filed on the same/around time.

Posted

I am going to give them 90 days before calling them because clearly DHS ombusman article says that USCIS MUST send interview notification within 90 days of which I-751 was filed. So waiting until 90 day is over and will call them to find out the reason. I see several other people who also have in same situation as i am who filed on the same/around time.

Do yourself a favor and ask for a Service Request NOW. Ask for a confirmation in writing (aka send you a letter) so you won't have to wait ANOTHER 45-90 days in addition to the 90 days already mentioned.

Reason being if you don't push them, they'll end up delaying your application till the world's end. Don't let that happen, be proactive today!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...