Please urgent Help need

A

AMUGHAL1

Registered Users (C)
Hello all
I am in trouble and need your urgent help/advice.

my I-751 is pending since from 18 months and i also have applied
N-400 December 2008. and now my wife is separated from me.And she also wants to withdraw her I-751 petition (she is petitioner).
now recently I talk with uscis on phone and they told me that I am in Que for N-400 interview and other side I also received latter(service request) from my local Distract office which is Atlanta that

"the processing of your case has been delayed. A check of our records establishes that your case is not yet ready for decision, as the required investigation into your background remains open.
until the background investigation is completed, we cannot move forward on your case. these background checks are required to be completed on all applicants who apply for the immigration benefit you are seeking. we will make every effort to make a decision on this case as soon as the background checks are complete. if you do not receive a decision or other notice from us within 6 months of this latter, please contact us by calling our customer service number provided below."

I am very upset why they are investigating? I am not criminal. and I don't have any criminal history.
Some time I just think may be some people around me(who jealous from me) may be they gave wrong information to USCIS.
please tell me what should I do in this situation?

I will be very thank ful to you For this.

Thanks
regards :o:confused:
 
thanks mr ghory

I received myN-400 interview latter today . can i go without my wife to interview as myI-751 also pending?

please advice

regards
 
If you applied Naturalization based on 3 years of staying together with USC spouse, you definitely have to prove that you are staying together
 
AMUGHAL1 said:
I am very upset why they are investigating?
Click to expand...

are you serious?? you are applying for the highest immigration status available in any country, and upset that they investigating your background??

imagine how this country would look like if they would give people citizenships on right and left without doing even simple background checks.

AMUGHAL1 said:
I am not criminal. and I don't have any criminal history.
Click to expand...

good!! so if it is like you saying it is, why all of sudden you are upset they are investigating your background, if.. there is nothing to find :):)

chill out!
 
Background check is mandatory for any kind of immigration benefit on every applicant regardless of applicant to be a criminal or not. And background check includes criminal background as well. So you are not the only one who is subject to background check; instead every applicant must be cleared on background checks when it comes to any kind of immigration benefit.

I'm sure you didn't complain about having background checks when you were going thru green card process but now getting all upset when you know well that your marriage has fallen apart and your pending applications most probably be denied. Also, do you want US govt. to hand out green card and citizenship to everyone without any investigation...including without doing any investigation on their marital relationship or any kind of investigation so to say?? If so, then there is no need to have green card, I-751 and citizenship process; rather US govt. should hand out the citizenship certificate to everyone who come to our shores, legal or illegal, right?

Even if you have upcoming interview for N-400, your citizenship application won't be adjudicated nor you be interviewed for that application without first being interviewed for I-751. And since your wife and you have been separated and she wants to withdraw jointly filed I-751 then both of your pending applications (I-751 and N-400) will be denied without a doubt...done deal...100 billion percent. Why? Because petiton I-751 that you filed is a joint petition, and whenever one person from that petition decides to withdraw it regardless of being separated or not then USCIS must need to deny it even if marriage were to be bonafide/real and legally intact.

As for citizenship application (N-400) under 3 years rule then both spouses MUST be living in a happy marital relationship. If not, then application must be denied. Immigration laws permit/allow to file a citizenship application under 3 yrs rule because of the sake of US citizen spouse and not for the sake of alien-spouse. So if one is no longer happily living together and not in a marital relationship with US citizen spouse then that person cannot be found eligible to file citizenship application under 3 yrs rule even if that person is still legally married with US citizen spouse and marriage is bonafide.

Keep it in mind that if the condition is not removed from a temporary green card first, person is not eligible for the citizenship. So if the condtion will not be removed then your temporary green card be terminated because your wife won't go to the interview on petition I-751 and she wants to withdraw it as it's within her right to withdraw it at anytime if she wants to since she is one of the parties on that petition to sign it being that petition to be joint one. So without removing the condition first and without living happily together with your wife, your N-400 is going to deny without a question.

You shouldn't be even thinking about your pending citizenship application (N-400) right now because you are on the verge of losing your green card and then be deported. Forget about your citizenship application because it's going to be denied no matter what; rather focus on how you could save your green card. Once your condition is removed then you can file for citizenship based on 5 yrs rule by your own and without being married to a US citizen.

The only way for you to save your green card is-filing another I-751 petition by yourself under waiver provision-meaning based on either abuse or good faith marriage. Good faith marriage waiver would require you to submit a divorce decree. Thus, get a divorce as soon as possible; otherwise your green card be terminated and you be placed on a deportation proceedings. During deportation proceedings, some judges do offer some times to aliens to get divorce so that aliens could file this petiton based on good-faith marriage waiver, but then there are some judges who don't give anytime whatsoever and proceed on deportation case based on how it's presented. So, it would be a matter of luck as to what kind of judge you will get. As for abuse waiver then you will need tons of documented evidences to prove the abuses.

Again, if your wife won't go with you to the interview on I-751 and if she likes to withdraw this petition then you have no other choice to save your green card other than filing another I-751 petiton under waiver provision. And as I already told you what you would need to file a waiver petition along with proofs of bonafide of marriage. Citizenship application is totally out of question right now. Do not even think about it.

Good luck...






AMUGHAL1 said:
Hello all
I am in trouble and need your urgent help/advice.

my I-751 is pending since from 18 months and i also have applied
N-400 December 2008. and now my wife is separated from me.And she also wants to withdraw her I-751 petition (she is petitioner).
now recently I talk with uscis on phone and they told me that I am in Que for N-400 interview and other side I also received latter(service request) from my local Distract office which is Atlanta that

"the processing of your case has been delayed. A check of our records establishes that your case is not yet ready for decision, as the required investigation into your background remains open.
until the background investigation is completed, we cannot move forward on your case. these background checks are required to be completed on all applicants who apply for the immigration benefit you are seeking. we will make every effort to make a decision on this case as soon as the background checks are complete. if you do not receive a decision or other notice from us within 6 months of this latter, please contact us by calling our customer service number provided below."

I am very upset why they are investigating? I am not criminal. and I don't have any criminal history.
Some time I just think may be some people around me(who jealous from me) may be they gave wrong information to USCIS.
please tell me what should I do in this situation?

I will be very thank ful to you For this.

Thanks
regards :o:confused:
Click to expand...
 
I answered this question for him days ago, then he posted it again. As I said in my original answer, the reason is in your post "ALL APPLICANTS" go through it. Had you read the letter better you'd know that.

I also agree that your citizenship (n-400) is not an option for you even though you seem to think it is, since the only reason you were able to apply so soon was your marriage. Most people anyway, wait until they have an approved i-751 before submitting the n-400, so I'm not sure why you would have submitted it when your GC is stil conditional.

I think I am the only person on earth who believes if my application was based on marriage (as it was) and the marriage ends, my reason for being here ends and I go back to my country.
 
Last edited by a moderator:
JohnnyCash said:
Background check is mandatory for any kind of immigration benefit on every applicant regardless of applicant to be a criminal or not. And background check includes criminal background as well. So you are not the only one who is subject to background check; instead every applicant must be cleared on background checks when it comes to any kind of immigration benefit.

I'm sure you didn't complain about having background checks when you were going thru green card process but now getting all upset when you know well that your marriage has fallen apart and your pending applications most probably be denied. Also, do you want US govt. to hand out green card and citizenship to everyone without any investigation...including without doing any investigation on their marital relationship or any kind of investigation so to say?? If so, then there is no need to have green card, I-751 and citizenship process; rather US govt. should hand out the citizenship certificate to everyone who come to our shores, legal or illegal, right?

Even if you have upcoming interview for N-400, your citizenship application won't be adjudicated nor you be interviewed for that application without first being interviewed for I-751. And since your wife and you have been separated and she wants to withdraw jointly filed I-751 then both of your pending applications (I-751 and N-400) will be denied without a doubt...done deal...100 billion percent. Why? Because petiton I-751 that you filed is a joint petition, and whenever one person from that petition decides to withdraw it regardless of being separated or not then USCIS must need to deny it even if marriage were to be bonafide/real and legally intact.

As for citizenship application (N-400) under 3 years rule then both spouses MUST be living in a happy marital relationship. If not, then application must be denied. Immigration laws permit/allow to file a citizenship application under 3 yrs rule because of the sake of US citizen spouse and not for the sake of alien-spouse. So if one is no longer happily living together and not in a marital relationship with US citizen spouse then that person cannot be found eligible to file citizenship application under 3 yrs rule even if that person is still legally married with US citizen spouse and marriage is bonafide.

Keep it in mind that if the condition is not removed from a temporary green card first, person is not eligible for the citizenship. So if the condtion will not be removed then your temporary green card be terminated because your wife won't go to the interview on petition I-751 and she wants to withdraw it as it's within her right to withdraw it at anytime if she wants to since she is one of the parties on that petition to sign it being that petition to be joint one. So without removing the condition first and without living happily together with your wife, your N-400 is going to deny without a question.

You shouldn't be even thinking about your pending citizenship application (N-400) right now because you are on the verge of losing your green card and then be deported. Forget about your citizenship application because it's going to be denied no matter what; rather focus on how you could save your green card. Once your condition is removed then you can file for citizenship based on 5 yrs rule by your own and without being married to a US citizen.

The only way for you to save your green card is-filing another I-751 petition by yourself under waiver provision-meaning based on either abuse or good faith marriage. Good faith marriage waiver would require you to submit a divorce decree. Thus, get a divorce as soon as possible; otherwise your green card be terminated and you be placed on a deportation proceedings. During deportation proceedings, some judges do offer some times to aliens to get divorce so that aliens could file this petiton based on good-faith marriage waiver, but then there are some judges who don't give anytime whatsoever and proceed on deportation case based on how it's presented. So, it would be a matter of luck as to what kind of judge you will get. As for abuse waiver then you will need tons of documented evidences to prove the abuses.

Again, if your wife won't go with you to the interview on I-751 and if she likes to withdraw this petition then you have no other choice to save your green card other than filing another I-751 petiton under waiver provision. And as I already told you what you would need to file a waiver petition along with proofs of bonafide of marriage. Citizenship application is totally out of question right now. Do not even think about it.

Good luck...
Click to expand...

thanks johny cash

I went 2 atorny 2day and she advise me go on interview and if they ask tell them truth that we have some diffrences and if your divorce is not final then at least you will get your I-751 green card approved as long as you can prove with avidance that marriage was bonafide and may be if ur IO is nice he can also approve your n-400, If i have Good Luck on that time.

now i am planing to go on interview with or without my wife, and still trying to compromise with my wife. lets see

please wish me good luck all.

Thanks all you read and gave me advice
 
Last edited by a moderator:
I guess you have completely overlooked or forgot to pay attention to what I wrote in my earlier posting; otherwise you must have noticed me saying that your pending applications (I-751 and N-400) would be denied without a doubt...it's a done deal...100 billion percent. I now feel that it was my fault that I wasted so much of my time, energy and efforts to help you the best, but it seems useless since you didn't even read clearly what I said earlier, or at least couldn't comprehend...or still chose to trust an attorney who has provided you a complete false, wrong and inaccurate information.

Listen, nobody is above the law, neither immigration officers nor immigration judges. That said, if your wife won't go with you to the interview on I-751 petition and/or if she likes to withdraw it then there is nothing immigration officer and even immigration judge could do for you because immigration law is very clear on this that the said petition must be denied. I've been around to many immigration websites for many years and even handled thousands of this type of cases, and believe me not even one case was ever approved in this situation. They all received denial in the mail later on, which was law dictates USCIS to do so in this situation.

Do you think USCIS should just approve your case because you have no criminal history, your marriage is/was bonafide or you deserve a green card? It doesn't work that way. If this is the case then why immigration laws even have this petition (I-751) at first place? Why not just give every alien a green card when they were approved on their AOS? The only purpose of granting a conditional green card is- to see if marriage remains viable or not in next 2 years. And marriage was the only reason you were given a green card at first place. Congress made this law for a reason than just keeping in the book.

If I were you, I will run (not walk) away millions of miles from this attorney who told you that officer might approve your case. Never ever contact this attorney if you want to save your money, time, effort, energy and don't want to be deported. Why? This attorney gave you a totally wrong and inaccurate information. Just because someone is an attorney then that doesn't mean s/he is always right. Most immigration attorneys don't provide accurate information if they are not hired. Most of them do want people to have immigration problems and deportation issue so that these attorneys could make their living; otherwise they would be jobless and starving.

If you don't go to the interview then your case be denied quickly for not showing up. So you should go to the interview and explain your situaiton to the officer. Officer will deny your application anyway after sometime but at least you would be able to get sometime to get divorce until decision comes in the mail (I guess a couples of weeks) so that you could file another I-751 by yourself which you must be needed if you want to save yourself from deportation by virtue of filing another petition based on waiver provision. But if you somehow be able to get divorce before the interview then you might be able to change your petition at the interview, from a joint one to based on waiver. Some officers allow this at the interview; while other officers dont because they prefer applicants to file another petition all over with new fees. But if you wouldn't have a divorce decree with you at the interview or if your wife won't go with you to the interview then your said petition be denied without a doubt. Just keep this in mind very clearly. Your best bet is-try to convince your wife to go to the interview with you. This way you will be able to become a US citizen; otherwise you will be on the verge of deportation and a long battle with US govt.

Good luck...


AMUGHAL1 said:
thanks johny cash

I went 2 atorny 2day and she advise me go on interview and if they ask tell them truth that we have some diffrences and if your divorce is not final then at least you will get your I-751 green card approved as long as you can prove with avidance that marriage was bonafide and may be if ur IO is nice he can also approve your n-400, If i have Good Luck on that time.

now i am planing to go on interview with or without my wife, and still trying to compromise with my wife. lets see

please wish me good luck all.

Thanks all you read and gave me advice
Click to expand...
 
Last edited by a moderator:
JohnnyCash said:
I guess you have completely overlooked or forgot to pay attention to what I wrote in my earlier posting; otherwise you must have noticed me saying that your pending applications (I-751 and N-400) would be denied without a doubt...it's a done deal...100 billion percent. I now feel that it was my fault that I wasted so much of my time, energy and efforts to help you the best, but it seems useless since you didn't even read clearly what I said earlier, or at least couldn't comprehend...or still chose to trust an attorney who has provided you a complete false, wrong and inaccurate information.

Listen, nobody is above the law, neither immigration officers nor immigration judges. That said, if your wife won't go with you to the interview on I-751 petition and/or if she likes to withdraw it then there is nothing immigration officer and even immigration judge could do for you because immigration law is very clear on this that the said petition must be denied. I've been around to many immigration websites for many years and even handled thousands of this type of cases, and believe me not even one case was ever approved in this situation. They all received denial in the mail later on, which was law dictates USCIS to do so in this situation.

Do you think USCIS should just approve your case because you have no criminal history, your marriage is/was bonafide or you deserve a green card? It doesn't work that way. If this is the case then why immigration laws even have this petition (I-751) at first place? Why not just give every alien a green card when they were approved on their AOS? The only purpose of granting a conditional green card is- to see if marriage remains viable or not in next 2 years. And marriage was the only reason you were given a green card at first place. Congress made this law for a reason than just keeping in the book.

If I were you, I will run (not walk) away millions of miles from this attorney who told you that officer might approve your case. Never ever contact this attorney if you want to save your money, time, effort, energy and don't want to be deported. Why? This attorney gave you a totally wrong and inaccurate information. Just because someone is an attorney then that doesn't mean s/he is always right. Most immigration attorneys don't provide accurate information if they are not hired. Most of them do want people to have immigration problems and deportation issue so that these attorneys could make their living; otherwise they would be jobless and starving.

If you don't go to the interview then your case be denied quickly for not showing up. So you should go to the interview and explain your situaiton to the officer. Officer will deny your application anyway after sometime but at least you would be able to get sometime to get divorce until decision comes in the mail (I guess a couples of weeks) so that you could file another I-751 by yourself which you must be needed if you want to save yourself from deportation by virtue of filing another petition based on waiver provision. But if you somehow be able to get divorce before the interview then you might be able to change your petition at the interview, from a joint one to based on waiver. Some officers allow this at the interview; while other officers dont because they prefer applicants to file another petition all over with new fees. But if you wouldn't have a divorce decree with you at the interview or if your wife won't go with you to the interview then your said petition be denied without a doubt. Just keep this in mind very clearly. Your best bet is-try to convince your wife to go to the interview with you. This way you will be able to become a US citizen; otherwise you will be on the verge of deportation and a long battle with US govt.

Good luck...
Click to expand...

thanks dear

for ur advice I am very upset i will try my best even more then that to talk with my wife about this but .................she dont wana talk about this even though she knows all this thats why she is giving me hard time...
:confused:
 
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