Passed the test 10 months ago; no decision yet..pls help!!

Marty_the

Registered Users (C)
Hi!
I applied for my citizenship through my wife late 2007 and got interviewed on May 22 of 2008. After the interview the counselor gave me N-652 stating that I passed the test but a decision cannot yet be made.

During the interview the counselor asked me several questions about US history and I answered all of them correctly then she asked me whether my wife is there with me or not. I said yes and she asked me to write down something about my wife in English on a piece of paper. So I did.

I showed her document like joint bank account statement, joint property leasing document, health benefit papers, Joint tax filing papers, etc, while I was answering her questions. Then she started asking question like where we live, what kind of car we drive, how many bedrooms we have in our house, etc.

Then she took me outside where my wife was sitting and took her inside while having me waiting outside. She asked my wife same kind of questions and my wife answered most of them correctly meaning that matches with mine. However there were couple places where both of our answers did not quite match; like to answer what kind of car we drive, I answered Honda Accord and my wife said Mercedes because she thought she was asked what kind of car we drove that morning because we drove my father in law’s Mercedes that morning to get to the interview. To answer how many rooms we have, she said 2 and I said 3 (we have a den which I counted as a room).

I did not worry about this then cause I thought this gotta be a minor thing. However I am kinda worried not since I have not got any decision yet and it has been more than six months. I wrote to the officer who interviewed me in August and I got a reply saying that my case is waiting REVIEW. I talked to USCIS (Texas) and they sent me a letter in September saying that my case is going through background check and it may take up to 6 months. I recently wrote to the Congressman in my area and his office attempted to enquire about my case and got the same reply: my case is waiting for REVIEW.


Now my question is: what can I do now (besides waiting)?
How did the discrepancy we had in answering personal questions affect in making a decision in my case? (If it were a big deal, I would think, my case would get denied long ago)
What is the worst can happen? (I guess my case can get denied and I can reapply or go to court.)
Has anyone experienced same situation?
Any insight/advice is rally appreciated.
 
wow....you got a really strict IO....

USCIS has 120 days to make a decision after you pass the interview.
Please schedule an infopass appointment and make sure you tell the IO how long it's been, they will have to make a decision soon after.

Go to www.uscis.gov, you will be redirected tot he infopass website from there....

good luck!!!
 
try to schedule infopass or make the phone inquire first. Dependening on the results, consider filing a lawsuit. The USCIS is required by law to make a decision in 120 days after the interview. The lawsuit will bring a fast resolution (within 2 months), but it's your chosice. Check the lawsuit sticky if you are interested.
 
My wife was never asked any car related questions ever and thank god for that. The day I bought my STi and she looked at the inside for the first time she turns to me and says, "What is the third pedal for?" :)

Seriously though, the officer seemed to have doubts about the marriage itself. Just out of curiousty, did you have a pending I-751 when your N-400 interview took place?

I answered Honda Accord and my wife said Mercedes because she thought she was asked what kind of car we drove that morning because we drove my father in law’s Mercedes that morning to get to the interview.
 
I was begining to think that the interviewing of spouses was a myth ( since I have read many many posts recently where they just pass them with joint bank accounts etc..)

I am sorry you are having a hard time you must make an infopass right away and ask about your case,, if they don't give you an answer follow with lawsuit.

keep us posted on what happens to your case

good luck :-)
 
Thanks for your replies!

I like to thank everyone for replying to my thread.

I never had a I-751. I just looked it up what it actually is.

I spoke to our congressmen's office yesterday again and the rep said she sent another enquiry early this week and waiting to get a reply.

I am in ATL and couple of my friends said that they did not get much info out of infopass. However I am willing to go and check my luck now.

I will be researching this site for lawsuit procedure for next couple of days.
Is there enough info to pursue this on my own or should I get a lawyer?
I definitely do not want to spend any extra money if I don't have to since my case is pretty straight forward.
 
I like to thank everyone for replying to my thread.

I never had a I-751. I just looked it up what it actually is.

I spoke to our congressmen's office yesterday again and the rep said she sent another enquiry early this week and waiting to get a reply.

I am in ATL and couple of my friends said that they did not get much info out of infopass. However I am willing to go and check my luck now.

I will be researching this site for lawsuit procedure for next couple of days.
Is there enough info to pursue this on my own or should I get a lawyer?
I definitely do not want to spend any extra money if I don't have to since my case is pretty straight forward.

Again, have you tried contacting USCIS ombudsman's office?

Filling a lawsuit is the last step if all inquiry options have failed. Also, fling the lawsuit yourself will cost you around $300-500
 
The way I see it, you have two (2) choices:

1. either you wait
2. either you don't

If you choose number two (2), you must file a WOM (Writ of Mandamus) lawsuit against USCIS. Nothing to be scared about. You are filing a complaint against USCIS in court, meaning, you are telling the judge to get involved and ask USCIS in a court of law the reasons why you have not received your oath letter and not become a US Citizen.

This will cost $500.00, some legal knowledge, and 2 months, and then you will be all done with your citizenship. The person who can help you is called LAZYCIS and this person responded to you already. This person already has a thread on this forum that refers exclusively to helping people do this.

Good luck and let us know what your decision will be. :)


I like to thank everyone for replying to my thread.

I never had a I-751. I just looked it up what it actually is.

I spoke to our congressmen's office yesterday again and the rep said she sent another enquiry early this week and waiting to get a reply.

I am in ATL and couple of my friends said that they did not get much info out of infopass. However I am willing to go and check my luck now.

I will be researching this site for lawsuit procedure for next couple of days.
Is there enough info to pursue this on my own or should I get a lawyer?
I definitely do not want to spend any extra money if I don't have to since my case is pretty straight forward.
 
If you choose number two (2), you must file a WOM (Writ of Mandamus) lawsuit against USCIS.

It OP's case it would be section 1447(b) suit, not WOM. 1447(b) is for no decision 120 days after interview whereas WOM is generally used for name check delays before interview.
 
I talked to USCIS (Texas) and they sent me a letter in September saying that my case is going through background check and it may take up to 6 months. I recently wrote to the Congressman in my area and his office attempted to enquire about my case and got the same reply: my case is waiting for REVIEW.

Man, you are worrying way too much. it sounds like you name check hasn't been cleared thats all. USCIS & FBI just announced they clear all name check older than 6 months. Infopass for yesterday and go check on your case and ask them IF YOUR FBI NAME CHECK HAS BEEN CLEARED.
 
Man, you are worrying way too much. it sounds like you name check hasn't been cleared thats all. USCIS & FBI just announced they clear all name check older than 6 months. Infopass for yesterday and go check on your case and ask them IF YOUR FBI NAME CHECK HAS BEEN CLEARED.

Considering that the OP had his interview over 10 months ago and by law the case is supposed to be adjudicated within 120 days after interview, the OP's concerns/fears are well founded.

Perhaps you'd have the same concerns/fears if you haven't heard anything 10 months after your interview.
 
I think my concerns are valid and after reading some of these threads I realized I should have been little more persuasive.

I called the 1800 # of CIS and filed a service request again thismorning. However I seriously doubt this will bring any positive outcome.

I read some of the posting of lawsuit thread and then called my Fed Dis. court and asked for a Civil Case pro se package. Surprisingly the clerk says that they dont have anything like that. However she told me what i need to file a lawsuit:
1. Cover letter which can be downloaded from the web.
2. Fee of $350.
3. Complaint
4. Summon

I am preparing a demand letter and my complaint now and will be sending them to to the Office of the General Counsel and to the District Director of the District Office of Atlanta.
Does anyone know where i can verify current addresses for above?

I also looked at DHS Form 7001 but not sure this will be the right option for me now.

I am getting ready for filing a lawsuite under 1447(B). Wish me luck!
 
I suggest wait for the service request response. It shouldn't take more than a couple of days for you to get the letter and then file accordingly.
For help on lawsuit please check the lawsuit sticky.
 
bOnd, correct your signature, brother. It seems you have 12/27/2009 instead of 2008.- :)

I suggest wait for the service request response. It shouldn't take more than a couple of days for you to get the letter and then file accordingly.
For help on lawsuit please check the lawsuit sticky.
 
I received a letter from the congressman’s office with the latest reply from USCIS yesterday.

Congressman’s office wrote to USCIS:
MR. X called our office and said that he spoke to FBI, and they told him that they have already completed his background check. He would like clarification on why USCIS states that his background check is still pending.

The response from USCIS:
The FBI name check is just one of many background check reviews that are performed on every applicant. In this case the results from his FBI name checks are in the system. However this case is still undergoing review.
(Then the letter goes on stating how important it is for the nation to do extensive background check on each applicant)

My question to the forum:
What other background checks USCIS is talking about?
What kind of checking they would be doing if they think my marriage is in question?
I know my marriage is fine and I wrote two times to the IO in last 6 months stating that I can provide more documents to support my marriage if necessary but did not get any reply from USCIS.
Should I skip the demand letter with 30 day notice and go on filing a lawsuit straight up?
My finger print was taken on 14th of Feb 2008. So it will expire in mid May I believe.

Any advice/insight is really appreciated.
 
Considering your fingerprinting situation and the recent response, I would go for 1447b asap. I've seen that response many times. All background checks should not take more than 30 days to complete. While they do perform additional checks, they are all automated. The letter is BS.
 
LazyCIS,
I agree with you totally..the letter is nothing but BS.
Now my only concern is I do not have a FOIPA from FBI..I only have this response from CIS stating that FBI name check is in their system.
Will that be suffice for the lawsuit under 1447b?
I checked the 1447b template you have on the other forum and it has an exhibit of the FBI FOIPA response.
please advice.
thanks a bunch.
 
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