How long it takes to receive Oath letter if IO still waiting for my file

W

wooying

Registered Users (C)
Screened through pages of posts and don't see many similar case -

I went to my 8:40am interview, arrived at 8am, was called at 8:35am.
Everything was superquick, IO was very friendly, finished checking the application and civic test in 10 mins. Then the IO asked me if I am aware that I have an H-1 file. I said yes, since I got my greencard through employment. That's when he said I passed everything but he cannot approve my case, because he is still waiting for my H-1 file to be transferred to him.

He said no need to worry, it usually arrives 2-3 weeks, meaning I should be getting the Oath letter by July. But having been waited for 9 months without being able to track my case (I should have moved to overseas in March), it makes me wonder how long it usually takes to receive the Oath letter when IO doesn't have all the files at hand during the interview.

Anybody who has similar experience, please post your timeline here!
thanks!

p.s. I asked the IO if waiting for my H-1 file is the reason delaying my interview (9 months vs average 3 months wait) He blames it to background/name check.

my dates (D/O: NYC)
submit N400 - 8/31/06
receipt date - 9/5/06
priority date - 9/5/06
checks cashed - 9/7/06
notice date - 9/12/06
received receipt notice - 9/18/06
fp notice date - 9/14/06
received fp notice - 9/20/06
fp appointment - 9/25/06
#1 infopass - 12/5/07
IL sent - 4/30/07
IL received - 5/4/07
interview- 6/12/07 (pass but not approve)
oath letter receive - ??
oath date - ??
 
wooying said:
Screened through pages of posts and don't see many similar case -

I went to my 8:40am interview, arrived at 8am, was called at 8:35am.
Everything was superquick, IO was very friendly, finished checking the application and civic test in 10 mins. Then the IO asked me if I am aware that I have an H-1 file. I said yes, since I got my greencard through employment. That's when he said I passed everything but he cannot approve my case, because he is still waiting for my H-1 file to be transferred to him.

He said no need to worry, it usually arrives 2-3 weeks, meaning I should be getting the Oath letter by July. But having been waited for 9 months without being able to track my case (I should have moved to overseas in March), it makes me wonder how long it usually takes to receive the Oath letter when IO doesn't have all the files at hand during the interview.

Anybody who has similar experience, please post your timeline here!
thanks!

p.s. I asked the IO if waiting for my H-1 file is the reason delaying my interview (9 months vs average 3 months wait) He blames it to background/name check.

my dates (D/O: NYC)
submit N400 - 8/31/06
receipt date - 9/5/06
priority date - 9/5/06
checks cashed - 9/7/06
notice date - 9/12/06
received receipt notice - 9/18/06
fp notice date - 9/14/06
received fp notice - 9/20/06
fp appointment - 9/25/06
#1 infopass - 12/5/07
IL sent - 4/30/07
IL received - 5/4/07
interview- 6/12/07 (pass but not approve)
oath letter receive - ??
oath date - ??
Click to expand...

I passed the exam, too. But IO said he needed some more files. The decision is also "not approved". Is a case always not approved when there are documents pending? (I signed all the documents, such as the citizenship credential, etc.)
 
Seems like a job for 1447b to me. I can't see them arguing that the "examination" is not finished yet.

As a first step, though, consider using the congressman/senator route. Your case should inspire some sympathy, hopefully enough to get some action.
 
Similar to my situation

Hi wooying,

Your situation is pretty close to mine actually. If you see my note. It's under "Citizenship Interview Rescheduled". I had applied for citizenship last year in April. My FP were done next month in May'06 and then I was called for the interview in the 3rd week of January of this year. The difference is the IO never started my interview. He just introduced him, said hi/hello and told me that he can't proceed with the interview as my file wasn't transferred from the service center (TX in my case). I just need to wait for about 3 weeks & I will be rescheduled for another interview. No need to worry. It will be 21 weeks tomorrow and there is no sign of my file on any interview being rescheduled. MY FP and NC has been cleared according to the InfoPass appt which I made last Monday. There is some last internal check from USCIS which is delaying my case. I was told that it shouldn't take too long. I will give another month or so and if I don't hear anything from USCIS by end of July, I am thinking of filing law suit (mandamus). This is where I stand. You stand a lot better chance if you file law suit 1447B. I think you should not waste another minute and go for it. This is crazy and you have waited too long. I must admit that you have lot of patience. Please keep all of us posted and our sincere wishes and prayers are with you. Good luck :)
 
wooying said:
Screened through pages of posts and don't see many similar case -

I went to my 8:40am interview, arrived at 8am, was called at 8:35am.
Everything was superquick, IO was very friendly, finished checking the application and civic test in 10 mins. Then the IO asked me if I am aware that I have an H-1 file. I said yes, since I got my greencard through employment. That's when he said I passed everything but he cannot approve my case, because he is still waiting for my H-1 file to be transferred to him.

He said no need to worry, it usually arrives 2-3 weeks, meaning I should be getting the Oath letter by July. But having been waited for 9 months without being able to track my case (I should have moved to overseas in March), it makes me wonder how long it usually takes to receive the Oath letter when IO doesn't have all the files at hand during the interview.

Anybody who has similar experience, please post your timeline here!
thanks!

p.s. I asked the IO if waiting for my H-1 file is the reason delaying my interview (9 months vs average 3 months wait) He blames it to background/name check.

my dates (D/O: NYC)
submit N400 - 8/31/06
receipt date - 9/5/06
priority date - 9/5/06
checks cashed - 9/7/06
notice date - 9/12/06
received receipt notice - 9/18/06
fp notice date - 9/14/06
received fp notice - 9/20/06
fp appointment - 9/25/06
#1 infopass - 12/5/07
IL sent - 4/30/07
IL received - 5/4/07
interview- 6/12/07 (pass but not approve)
oath letter receive - ??
oath date - ??
Click to expand...

Did the IO make you sign the citizenship credential and the N400 application at the interview? Thanks.
 
same thing happened to me , i passed my interview today and then she wrote on the 652 letter awaiting original file , when i asked she stated we would have to locate your file and then send you the oath letter.

shouldnt they have my file before i come to interview , so now what and what should i do from here.

does that mean my file is lost , i dont know anything and what should i do now , this is crazy , i passed my test but she wrote on my 652 a decision cant be maid awaiting original file, what if my file is lost what do they do in those cases any one knows?
 
Don't worry be happy

worried2007 said:
same thing happened to me , i passed my interview today and then she wrote on the 652 letter awaiting original file , when i asked she stated we would have to locate your file and then send you the oath letter.

shouldnt they have my file before i come to interview , so now what and what should i do from here.

does that mean my file is lost , i dont know anything and what should i do now , this is crazy , i passed my test but she wrote on my 652 a decision cant be maid awaiting original file, what if my file is lost what do they do in those cases any one knows?
Click to expand...

Hello worried2007,

Let me start off by saying that there is no need to worry at all. Take two deep breaths and relax. What I am about to say now, listen to this very carefully. # 1, your file is not lost. Good thing is and Flydog will agree to this that your interview is done so you are ready or can ready for 1447B. Secondly, the same situation happened to my friend's wife in Dallas, TX ew months back. They interviewed her and told her that they are waiting for some documents or file that seems to be missing and will be notified via mail once they receive it at the DO. In about 2 months time, she got a call for the oath. She got her citizenship and CASE CLOSED. I repeat, your file is not lost. It could get lost, I am not saying that, but the stage you're at right now.....NO WAY. You are just few weeks away from becoming a US citizen.
 
citi07 - yes I also signed my photos and credentials, and the IO made it pretty much that I would be approved once my H-1 file is collected.

Flydog - It said on the 652 that I need to wait for 120 days? I wonder if it's too early to take any legal action.

Atlanta_Brother - I guess your case is worse than mine then! I will try to call them in early July, as the IO advised me first, but will be more agressive after then.

worried2007 - like Atlanta_Brother's suggested, no need to worry so soon (although I'm not optimistic about it either) I am curious about similar cases in the past, and hope to see if there's a average turnaround time for this kind of situation.

I just recalled that I got my greencard through Consulate Processing instead of Adjustment of Status. For discussion sake, would that be the reason why it take so long/oversaw to locate my H-1 file? Is there anything I can do to submit this piece of information assuming that they couldn't find it in US office?
 
atlanta brother

i am in the detroit DO, and i was wondering would my file still be in nebraska or would my file have already moved to detroit DO.

and if my file wasnt present at the time of my citizenship test why did she make me sign my application and sihn my pictures , didnt she need the original file to do so?
Now also you mentioned 1447B is that to start legal action against immigration right?
the 652 form said if you dont hear something in 120 days from ur test u can call ur district court?

your words did put me as ease for a minute as i came back from my test and im kinda loosing my sanity, i went prepared with every document i own but they didnt have my file, i passes the 10 questions she asked but i still have to wait.
hopefully they didnt loose my file and im praying i hear from them about my oath letter in a month or else im hiring an attorney.
 
On N652 form, it says that we may send any questions about this application in writing to the officers who interviewed us. Does anybody know how to figure out the full address for the interviewers?
 
I just double checked on my 652 form and see that there are 2 handwriting options "wait for letter" and "not wait for letter". the "not wait for letter" was checked by my IO. Does anybody know what it means??
 
You are right

worried2007 said:
atlanta brother

i am in the detroit DO, and i was wondering would my file still be in nebraska or would my file have already moved to detroit DO.

and if my file wasnt present at the time of my citizenship test why did she make me sign my application and sihn my pictures , didnt she need the original file to do so?
Now also you mentioned 1447B is that to start legal action against immigration right?
the 652 form said if you dont hear something in 120 days from ur test u can call ur district court?

your words did put me as ease for a minute as i came back from my test and im kinda loosing my sanity, i went prepared with every document i own but they didnt have my file, i passes the 10 questions she asked but i still have to wait.
hopefully they didnt loose my file and im praying i hear from them about my oath letter in a month or else im hiring an attorney.
Click to expand...


Hello worried2007,
Yeah let's wait another month and even if your file isn't transferred to your Detroit DO or if you don't get anything in the mail regarding your oath letter, go ahead and schedule yourself for an InfoPass apptt for the last week of July. Do that ahead of time just to be on the safeside probably around mid of July. Talk to the immigration officer to findout how long will it take for you to receive your oath letter. If they give you a promising and positive response, then good for you and if they're like, we don't know and bla bla bla, then that will be a good time to consult to a good attorney. Make sure you start looking for good well known attorneys in Detroit area right now so by end of July, you just have to make a quick phone call to hire an attorney. Now at that point when you talk to the attorney, you can tell him/her that you recently went to the DO with that InfoPass appt and this is what they told you....I mean whatever they advised you. This will save you little money may be, coz usually that's what attorneys do. The first thing these attorneys do is make you sign form "G35" saying that this specific attorney can represent you and they go for that InfoPass appt to get the updated information.
That's pretty much it 4 now. I am confident that you are in a good shape. You are done with your interview & hopefully this last step (oath part) will go thru ok too.
 
atlanta brother

heres what happened today, i called the DO in detroit and spoke to an immigration officer and told him what happened at my interview and how the IO told me they are awaiting my original file, he said no need to worry , even if we dont find your original during a 60 day time frame we will approve you with the back up file?

i never heard of the back up file , does that really exist or he was just trying to blow me off ? have u ever heard of such thing.

also i was thinking they have 120 days to send u anything but he said if u we dont have ur original by 60 days then we will just approve u thru the back up file.
why didnt they do that after i passed by interview?
 
All

I am also an LPR through employment and started with OPT and 2 H1 B visa before my Green Card. I have a different A # for OPT, H1B visas than that of the Green Card. Now based on what you are saying I am concerned that when my interview come ( I just applied for the Citizenship) that the IO will not have my older file.

If this happens, will he or she be satisfied with the original file I still have for my H1 B visas or do they need to have the file from the Immigration Service Center?
 
He may be right

worried2007 said:
atlanta brother

heres what happened today, i called the DO in detroit and spoke to an immigration officer and told him what happened at my interview and how the IO told me they are awaiting my original file, he said no need to worry , even if we dont find your original during a 60 day time frame we will approve you with the back up file?

i never heard of the back up file , does that really exist or he was just trying to blow me off ? have u ever heard of such thing.

also i was thinking they have 120 days to send u anything but he said if u we dont have ur original by 60 days then we will just approve u thru the back up file.
why didnt they do that after i passed by interview?
Click to expand...

worried2007,
Ok, talking about backup file. I have not heard of backup filr but my attotney had asked this N-400 supervisor at Atlanta DO if they can make an exception in my case & interview me on a duplicate N-400 file since my file wasn't transferred to the DO and it;s still not here. Anyways, may be this backup file and duplicate file means the samething, who knows. If all your background checks have been cleared then this officer may be right, but it's always better to have these kind of statemnets in writing. Usually when the file is not transferred to the DO, there is usually some activity going on. There may be some kind of check that is holding your case, who knows. In my situation I came to know last month infact that USCIS is doing some last check, otherwise I was under the impression that my file wasn't transferred by their mistake and will be on it's way anytime. You can't really predict with what these people really do or say. You can just pray & hope for the best.
 
jgs1 - I have other friends who got their greencard thru employment got their interview approved no problem. I guess it's just individual case that has problem, it's too early for you to be worried.
 
atlanta brother

my congressman office emailed immigration today and they received a reply that they are waiting for my A-file whih is my original file from nebraska office they made 2 attempts to get it but they never send it and they are amking a third attempt now . are you aware if there is any way i can contact or write to the nebraska office requesting my file to be transfered to the the detroit office.
my name check cleared but for some reason nebraska isnt sending my file , i googled nebraska office with no luck of getting any phone number?
so do u know anyone that contacted the Nebarska office and got a reply?
 
Your case is a true photocopy of my case

worried2007 said:
atlanta brother

my congressman office emailed immigration today and they received a reply that they are waiting for my A-file whih is my original file from nebraska office they made 2 attempts to get it but they never send it and they are amking a third attempt now . are you aware if there is any way i can contact or write to the nebraska office requesting my file to be transfered to the the detroit office.
my name check cleared but for some reason nebraska isnt sending my file , i googled nebraska office with no luck of getting any phone number?
so do u know anyone that contacted the Nebarska office and got a reply?
Click to expand...

worried2007,
Your case is like a true photocopy of my case. My file is still not transferred. Keep in mind, my FP and NC have been cleared few months back. I could not get Mesquite, TX service center's phone number either. I had hired this attorney to investigate to look into the matter to why my file wasn't transferred to the Atlanta DO. My attorney cherged me approx $375 and finally found out that it is still under investigation and the background check is not 100% complete or done. Once it's done, my file will be sent to Atlanta DO. May be you are in the same situation. Have you made an Info Pass lately? If I look back, I wouldn't hire an attorney. The reason I did that is beacause I was out of town on a project and wasn't able to go to the local DO thru Info Pass. Your file is not lost, but depending on how long it's been since you have applied for N-400 you can think of 1447B (law suit). Please e-mail me your dates so I can get an idea. One thing I am pretty sure that you file is not misplaced or lost, it is just being verified like mine and hoefully be sent to your local DO soon. If I don't get any response from USCIS by end of July, I will be going thru an attorney to file a law suit. In the mean time, I also plan on writing a letter to N-400 supervisor or director to look into my matter and get my damn file transferred to Atlanta DO. I will also call the senator's office tomorrow to see if they got any response. Keep us posted. Sorry, if I wrote something irrelevant. It is almost 1am now. I am feeling very sleepy but I wanted to reply you b4 hitting the bed.
 
wooying said:
jgs1 - I have other friends who got their greencard thru employment got their interview approved no problem. I guess it's just individual case that has problem, it's too early for you to be worried.
Click to expand...

wooying

Thank you for your reply, I feel better now :) Anyway once I recieve my Priority Date letter I will send the USCIS Service Center another letter "politely" reminding them to consolidate my to A # files together before they send it to the local immigration district office.
 
I wouldn't advise that. Just let your case play out on the normal processing track. The worse thing you can do is write them a letter that gets some sort of special processing and takes your case off the normal fast track. In general, cases do work. Don't try to force things - the USCIS works *much* better when things are "normal".
 
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