Long wait for action on Motion to reOpen before Commisioner, 3 years now no response

[SandraG]

Dear friends,
Appreciate your views on my situation:
I got a conditional green card through marriage to a USC in 2006. A year later I filed for removal of condition and this was accepted and acknowledged by the USCIS... 4 months later a letter was written to my 6yr old son to submit some documents which I had submitted earlier, apparently, as it turned out, the letter was meant for me and for not acting on time my application was denied, however, I filed for review and was notified of the re-opening of the case on Jan 9th 2008 also accepting it was their mistake. Since then the status has not changed though I have continued to renew the I751 for myself and my sons every year without problems.
To make matters even more uncertain, my husbad left me for more than two years now.
I have made several calls to USCIS and visits on Infopass and even asked for expedited action about a year ago.
Does anyone experienced this sort of delay? Is this length of time typical? Do I continue to wait for some response someday or are there alternatives that I could pursue? Are there any risks to my status if I go on and divorce this man?
Thanks for sharing.
SG.

 

[BigJoe5]

You have a very strange story here. First of all you say that you got a conditional status in 2006 and filed an I-751 after only one year and in 2011 you are saying that your husband left you two years ago in ?2008 or 2009?

IF you filed to remove conditions after only one year but were this with your spouse at that time, HOW and under what basis did you file almost a year early? Are you now divorced?

You evidently included your minor child(ren) (who is not the USC or LPR spouses' child?) on your petition so, documents pertaining to both/all of you would be needed under the single form. They may have mixed up the names, it's not a big deal. Were the A#'s mixed up too?

Your thread mentions a Motion but your post does not.

If you can provide a coherent detailed timeline of the series of events, then maybe you can get some help here.

If not, then you need to go see a lawyer who can sit down with you, ask probing questions, review all your documenation, and hopefully get to the bottom of things.

 

[SandraG]

You're right. I had posted this while in transit...I just realized that I mixed up the account, my apologies.
I edit my post as follows:
I got married in Oct 2003 and filed for residency with my husbad in 2004, receiving the CR1 in March 2005. I filed for removal just prior to expiration of the 2year period in Dec 2006.
That process led to a letter written to my 6yr old son to submit some documents which I had submitted earlier, apparently, as it turned out, the letter was meant for me and for not acting on time my application was denied citing abandonment, however, I filed for review and was notified of the Motion to re-open my case before the commisioner (Motic) on Jan 9th 2008, USCIS did accept making a mistake regarding the addressee of the letter but added a statement that I infer to mean that I ought to have acted on the mis-addressed letter regardless (I hadn't done that on time). Since then the status ("...reviewing our decision...") has not changed and I have continued to renew the I751 for myself and my sons every year without problems.
To make matters even more uncertain, my husband left me (without a divorce) for more than two years now (around Nov 2008), not sure if out of State even.
I have made several calls to USCIS and visits on Infopass and even asked for expedited action in the past year and still no changes.
Has anyone experienced this sort of delay? Is this length of time typical? Do I continue to wait for some response someday or are there alternatives that I could pursue? Are there any risks to my status if I go on and divorce this man?
Thanks for sharing.
SG

 

[Jackolantern]

You're actually eligible to apply for citizenship now with the 5-year rule. That will force them to adjudicate your I-751. But in support of the I-751 you'll need to gather evidence that you were still living with your husband until when he left in 2008, and bring that evidence to the interview.

If they end up delaying your naturalization because of the pending I-751, you'll have the right to file 1447(b) to force them to decide your N-400, if they haven't decided it in 120 days after the naturalization interview.

How come your 6 year old son is not a citizen? If he's 6 years old now, that means he was born after you got married, so I would expect that he's a citizen either by being born in the US, or by having a USC father.