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I-751 Processing Time???

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  • #31
    N400/i751

    Hi everyone, my form I751 ROC was filed at seattle, and which will take forever I guess,so I decide to file N400 while I am waiting for the ROC, but I found that portland which is only 4 hours away from seattle processing time for N400 is much faster, so could I file N400 to the portland local office instead of seattle office?

    Comment


    • #32
      Originally posted by newacct View Post
      I-751s do take a long time, sometimes more than a year. How long it takes doesn't really matter as you remain a permanent resident with all the rights during this time. You can use the expired green card + extension letter for all purposes that a green card is used for. If the extension letter is close to expiring, you can get an I-551 stamp for all the purposes a green card is used for. When you have been a permanent resident for 3 years minus 90 days, you can apply for naturalization (assuming you've been married to a US citizen for the last 3 years), even if the ROC is still pending, and in fact applying for naturalization will help speed up the ROC.
      @newacct: looking here (https://www.uscis.gov/policymanual/H...-Chapter5.html) and here (https://www.uscis.gov/policymanual/H...pter2.html#S-B), it look like conditional permanent residents, even through marriage, can't file for naturalization.
      Am I misunderstading the language of the USCIS directives?

      Comment


      • #33
        Originally posted by ml1701 View Post
        @newacct: looking here (https://www.uscis.gov/policymanual/H...-Chapter5.html) and here (https://www.uscis.gov/policymanual/H...pter2.html#S-B), it look like conditional permanent residents, even through marriage, can't file for naturalization.
        Am I misunderstading the language of the USCIS directives?
        It says the ROC must be approved prior to naturalization (the actual approval of N-400 and the taking of the oath), not prior to applying for naturalization. It means the I-751 is approved before the N-400 is approved, but N-400 can be filed while I-751 is pending.

        (Also, some conditional permanent can be naturalized without ever filing for I-751, but those are rare cases for for people who naturalize before the 2 years is up, e.g. they naturalize under the special provision for the spouse of someone stationed abroad, and not the usual case of spouses of US citizens applying under the 3-year rule.)

        See AFM chapter 25.1(k)(2) which talks about filing N-400 when I-751 is pending. It cites 8 CFR 216.1 which specifically says "Unless otherwise specified, the rights, privileges, responsibilities and duties which apply to all other lawful permanent residents apply equally to conditional permanent residents, including but not limited to the right to apply for naturalization (if otherwise eligible) [...]"

        This is my personal opinion and is not to be construed as legal advice.

        Comment


        • #34
          Originally posted by asher168 View Post
          Hi everyone, my form I751 ROC was filed at seattle, and which will take forever I guess,so I decide to file N400 while I am waiting for the ROC, but I found that portland which is only 4 hours away from seattle processing time for N400 is much faster, so could I file N400 to the portland local office instead of seattle office?
          You may do so after living in a zip code/district that is serviced by the Portland field office for 3 months. Here is the link. https://www.uscis.govhttps://www.imm...on-information

          Comment


          • #35
            Originally posted by alienrayray View Post
            this is completely normal. they just started processing applications from october of 2016. They were working on applications for 09/2016 for months. The last I heard is that they are running 2.5 to 3 years behind and it's expected to get even worse as time goes on. If you filed in December 2016 you can expect them to start processing your 751 towards the end of 2018 or hopefully early 2019, and that's it things stay at the current pace. If it gets worse, like it's expected to, i wouldn't be surprised if you are looking at 3-4 years after submission before it will be processed. Then your 751 would be processed in Around December of 2019 or early 2020
            i-751 could take longer time than expected. I filed mine in Dec-2016. They sent me RFE in Jan 18 and I replied back in Feb 1st week. Now they moved my case to local office. It may take upto 6 months to finalize the case. It is all uncertain now a days. My friend applied same time for i-751 and he received 10 years GC 8 months ago.

            I guess time is different for each case. Fingers crossed.

            Comment


            • #36
              Originally posted by Maythe44 View Post
              My two years conditional residency expired December 2016 ,I put my I-751 and in the mail i receive the I-797 notice of action meaning my one year extension due December 2017 a couple days before expired that latter my lawyer put me an appointment in uscis for them to stamp my passport for another whole year til December 2018 ,in march 2017 i went for biometrics and is march 2018 and I don?t hear anything since then my lawyer says they are behind and no to worry but honestly this is nerve wrecking It will be 4 years in December since I?m resident (2014) can I start studying for my citizenship? Or I must successfully become a permanent resident?
              I would definitely recommend applying for naturalization. The N-400 is processed fast and cannot be approved if you have a pending I-751. This actually causes your I-751 to be put at the top of the pile and adjudicated. Yes, it makes it go faster. Both are adjudicated within days. Thus, the theory holds. I've also looked through many timelines and they report the same thing. Filing the N-400 put a priority on the I-751. USCIS has a deadline for naturalization cases. It has up to 120 days from the date of an applicant?s naturalization interview to make a final decision on the applicant?s Form N-400. Here's the link to where I got that from
              These tips can help you find what you are looking for: Check the URL (web address) for proper spelling and completeness; Use our

              Comment


              • #37
                Transfer of office

                I submitted my I 751application on 1/4/2018, few days later I received the notice. Never received the fingerprint appointment, when I called level 2 they told me you don?t need one. I kept checking the case trucker app, on 3/5/18 it said your application was received by the local office. Today 4/11/18 I got a notification that my case was transferred to another office and that I will get a notice mailed to me.
                Is there something to worry about? I googled it and the answer from the USCIS answer was it?s because of workload, but to be honest I?m not convinced with that answer.
                Your opinion please

                Comment


                • #38
                  Do I need fingerprint cards to file with our I-751?

                  Do I need fingerprint cards to file with our I-751?

                  Comment


                  • #39
                    Originally posted by Real13 View Post
                    I submitted my I 751application on 1/4/2018, few days later I received the notice. Never received the fingerprint appointment, when I called level 2 they told me you don?t need one. I kept checking the case trucker app, on 3/5/18 it said your application was received by the local office. Today 4/11/18 I got a notification that my case was transferred to another office and that I will get a notice mailed to me.
                    Is there something to worry about? I googled it and the answer from the USCIS answer was it?s because of workload, but to be honest I?m not convinced with that answer.
                    Your opinion please
                    You have to be more specific. Did the notification state your case was transferred to another office FROM your local office? Or is it a Service Center?

                    I-751s take a long time to process. They're only transferred to your field office IF your case is selected for interview. IF it is, one of three scenarios might be at play:
                    - there's nothing wrong. They have to audit 5% of cases. You got lucky yours got selected for a quick interview which ultimately sped up the process.
                    - It might have triggered a few fraud red flags and was assigned fraud level A. Sending bare minimum of evidence is a trigger.*See below.
                    - You sent as many documents as you could and the adjudicator said "heck, no" and sent it to the field office. Happens often.


                    All the best.

                    LEVEL
                    C
                    Reasons for Assigning Fraud Level C
                    If assigned a fraud level C, it means that there are no technical problems (signatures, missing information, lack of evidence, etc.) and the USCIS adjudicator thinks the case can be approved (no interview necessary). All required supporting documents are attached and there is no indication of fraud that can be identified in the documents or through the biographic data of the parties involved.

                    LEVEL
                    B
                    Reasons for Assigning Fraud Level B
                    Fraud level B cases which have no technical problems that need correction and have the minimum number of proper supporting documents, but there is something, or an absence of something that creates suspicion about the bona fides of the marriage, the veracity of the evidence, etc. The reasons for suspicion are so varied that a concise list cannot be made. An example would be where the I-751 is supported by the minimum required number of documents, however the documents are all of recent origin.

                    LEVEL
                    A
                    Reasons for Assigning Fraud Level A
                    Fraud level A will be assigned when the adjudicator strongly suspects fraud. Reasons fraud level A might be assigned include:

                    the petitioner fails to sign the form;
                    there is insufficient evidence;
                    a large age difference exists between the spouses;
                    the married couple is not living together;
                    a prior I-751 was denied;
                    the petition was filed untimely without a good reason for being late; or
                    any other reasons as the service center director may determine.
                    Last edited by UScitizenFilingforspouse; 04-12-2018, 10:38 PM.

                    Comment


                    • #40
                      Originally posted by UScitizenFilingforspouse View Post
                      You have to be more specific. Did the notification state your case was transferred to another office FROM your local office? Or is it a Service Center?

                      I-751s take a long time to process. They're only transferred to your field office IF your case is selected for interview. IF it is, one of three scenarios might be at play:
                      - there's nothing wrong. They have to audit 5% of cases. You got lucky yours got selected for a quick interview which ultimately sped up the process.
                      - It might have triggered a few fraud red flags and was assigned fraud level A. Sending bare minimum of evidence is a trigger.*See below.
                      - You sent as many documents as you could and the adjudicator said "heck, no" and sent it to the field office. Happens often.


                      All the best.

                      LEVEL
                      C
                      Reasons for Assigning Fraud Level C
                      If assigned a fraud level C, it means that there are no technical problems (signatures, missing information, lack of evidence, etc.) and the USCIS adjudicator thinks the case can be approved (no interview necessary). All required supporting documents are attached and there is no indication of fraud that can be identified in the documents or through the biographic data of the parties involved.

                      LEVEL
                      B
                      Reasons for Assigning Fraud Level B
                      Fraud level B cases which have no technical problems that need correction and have the minimum number of proper supporting documents, but there is something, or an absence of something that creates suspicion about the bona fides of the marriage, the veracity of the evidence, etc. The reasons for suspicion are so varied that a concise list cannot be made. An example would be where the I-751 is supported by the minimum required number of documents, however the documents are all of recent origin.

                      LEVEL
                      A
                      Reasons for Assigning Fraud Level A
                      Fraud level A will be assigned when the adjudicator strongly suspects fraud. Reasons fraud level A might be assigned include:

                      the petitioner fails to sign the form;
                      there is insufficient evidence;
                      a large age difference exists between the spouses;
                      the married couple is not living together;
                      a prior I-751 was denied;
                      the petition was filed untimely without a good reason for being late; or
                      any other reasons as the service center director may determine.
                      Thank you so much for your reply,
                      The notice says from your local office to another office

                      Comment


                      • #41
                        We filed our I-751 back in March 2017 and received notice about a few weeks later with 1 year extension letter and also did the Biometrics appt as well. Since then we have not heard anything back. Our 1 year extension is about to expire in May 15 2018. What do I need to do at this point? Is there a way to check online the status of the I-751 or not? If so, what number do I use to check status and where do I go online to check? I keep reading about getting a stamp on the passport. Is this something we can do if we go to our local office or do we need an appointment?

                        Comment


                        • #42
                          Originally posted by Real13 View Post
                          Thank you so much for your reply,
                          The notice says from your local office to another office
                          Interesting. Are there several offices in the same county? Did you call and ask?

                          Comment


                          • #43
                            Originally posted by newuser1980 View Post
                            We filed our I-751 back in March 2017 and received notice about a few weeks later with 1 year extension letter and also did the Biometrics appt as well. Since then we have not heard anything back. Our 1 year extension is about to expire in May 15 2018. What do I need to do at this point? Is there a way to check online the status of the I-751 or not? If so, what number do I use to check status and where do I go online to check? I keep reading about getting a stamp on the passport. Is this something we can do if we go to our local office or do we need an appointment?
                            Several things:

                            1. As a conditional permanent resident, you are already eligible to apply for naturalization. You should not delay submitting your N-400 because your I-751 is still pending.

                            2. The N-400 will be processed fast. USCIS strives to meet their goal deadlines for naturalization applications. Since your N-400 cannot be adjudicated if there is a pending I-751, this will cause your I-751 to be grabbed from the pile and adjudicated. If you look at timelines of others who have filed the N-400 with a pending I-751, you will notice that shortly after the N-400 is filed, the I-751 is adjudicated and within days the N-400 is approved.

                            3. In order to get the I-551 stamp, you have to make an InfoPass appointment. Field Offices do not take walk-ins. Here's the link. https://my.uscis.gov/appointment You are not limited to your local field office. For this, you can actually go to any field office, if yours does not have anything available before your extension expires. Otherwise, you can use two google extensions "Visual Ping" and Super Auto Refresh in order to secure an appointment slot faster and more efficiently. It's all about refreshing the page. You can google in quotation marks "How to get an appointment on infopass" and the first result should be a thread from vis@ j0urn3y that explains how to set up the two google extensions.

                            Hope this helps.

                            Spread the word about filing for naturalization. I don't know why more people don't know about this.

                            Comment


                            • #44
                              Originally posted by newuser1980 View Post
                              We filed our I-751 back in March 2017 and received notice about a few weeks later with 1 year extension letter and also did the Biometrics appt as well. Since then we have not heard anything back. Our 1 year extension is about to expire in May 15 2018. What do I need to do at this point? Is there a way to check online the status of the I-751 or not? If so, what number do I use to check status and where do I go online to check? I keep reading about getting a stamp on the passport. Is this something we can do if we go to our local office or do we need an appointment?
                              Several things:
                              1. You are already eligible for citizenship. Please do not delay filing your N-400 Application for Naturalization because your I-751 is pending. In most cases, filing the N-400 will prompt the I-751 to be adjudicated. It pretty much speeds up the process, and the
                              I-751 and N-400 are approved within days.

                              2. May 15, 2018 is tomorrow, for all purposes. You won't lose your conditional permanent resident status, though. At this point, it would be best to make an InfoPass appointment and request a I-551 stamp on your passport. That one is good for one year.

                              3. Here's the link to infopass https://my.uscis.gov/appointment For this, you can go to ANY field office. If yours does not have appointments, it's ok to make an appointment in M***aukee, WI if your field office is Minneapolis, MN. It's a drive, but you'll get your stamp.

                              4. If driving to another location is not possible, then you can use two google extensions to help you secure a slot. Visual ping and Super Auto Refresh. Google this sentence in quotation marks "How to get an appointment on infopass". It will be the first result. That thread on v1s@ j0urney will walk you through setting up the two google extensions.

                              5. No walk-ins.

                              6. To check the status of your I-751, you will need your receipt number located on your I-797 Notice of action. If you no longer have it, then you can call the national customer service center and they will verify your identity and provide you with the receipt number. You can also talk to Emma, and then get transferred to a virtual agent and get your receipts.

                              7. With that receipt number, you can open an account on these two sites https://egov.uscis.gov and my.uscis.gov The second one gives more detailed updates. They're hit or miss. For some people, both work great. Mine don't really update.

                              All the best.
                              Last edited by UScitizenFilingforspouse; 04-20-2018, 04:43 AM.

                              Comment


                              • #45
                                Thank you for the info. I think you got the dates wrong this we are still in April, and my 1 year extension expires in May 15, which still a month away.

                                I was able to make an Infopass appt at my local office for my wife for May 1 to get that stamp on her passport. I just realized that this May 15 it will 3 years since she had her green card and we can apply for citizenship. I was under the impression all this time that it was only 2 years come this May 2018. But in fact we got her green card back in May 2015 which was good for 2 years and then the extension which is now almost 2 years.

                                I will follow your advice and start her citizenship application in the next few days. Do you suggest we do the online version or print out the form and mail? Any advantage to doing one or the other?





                                Originally posted by UScitizenFilingforspouse View Post
                                Several things:
                                1. You are already eligible for citizenship. Please do not delay filing your N-400 Application for Naturalization because your I-751 is pending. In most cases, filing the N-400 will prompt the I-751 to be adjudicated. It pretty much speeds up the process, and the
                                I-751 and N-400 are approved within days.

                                2. May 15, 2018 is tomorrow, for all purposes. You won't lose your conditional permanent resident status, though. At this point, it would be best to make an InfoPass appointment and request a I-551 stamp on your passport. That one is good for one year.

                                3. Here's the link to infopass https://my.uscis.gov/appointment For this, you can go to ANY field office. If yours does not have appointments, it's ok to make an appointment in M***aukee, WI if your field office is Minneapolis, MN. It's a drive, but you'll get your stamp.

                                4. If driving to another location is not possible, then you can use two google extensions to help you secure a slot. Visual ping and Super Auto Refresh. Google this sentence in quotation marks "How to get an appointment on infopass". It will be the first result. That thread on v1s@ j0urney will walk you through setting up the two google extensions.

                                5. No walk-ins.

                                6. To check the status of your I-751, you will need your receipt number located on your I-797 Notice of action. If you no longer have it, then you can call the national customer service center and they will verify your identity and provide you with the receipt number. You can also talk to Emma, and then get transferred to a virtual agent and get your receipts.

                                7. With that receipt number, you can open an account on these two sites https://egov.uscis.gov and my.uscis.gov The second one gives more detailed updates. They're hit or miss. For some people, both work great. Mine don't really update.

                                All the best.

                                Comment

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