Sent DHS Form 7001 to CIS Ombudsman for "CASE PROBLEM"...adviced by (Bobsmyth,armin78,baikal3)

We haven't tried to take info-pass in TX. We definitely try for that soon. We are using NJ driver's license as we have car insurance valid till April 25th.,2010. But we will be taking new car insurance next week and will go for Texas license so by next week end we will be having our TX driver's license.
One of the biggest concern for me is like if, I would like to visit my home country then I have a fear that while returning to US at the port of entry they may give hard time to me and may not allow to enter also on the bases of:
(1) They may ask why I married to Green card holder ? ( I met my wife after spending first 3-4 months in US and we were in touch for next 3 months and we decided to get married).
(2) In my wife’s N-400 form she gave details of mine like common address, date of marriage, my visa status and all so I think as soon as they swipe my passport at port of entry they will have my details. But throughout last 2 years I maintained legal status and will maintain that in future also. So, do you think with valid F1 status they still think I am intending immigrant ?
 I desperately want to visit my home country and meet my parents. I think in current situation there is no guarrentee that there is no issue for me at port of entry but if, my wife will become US citizen and she will file AOS for me and along with application if, we fill out form I-131(Advance Parole) , I think after getting AP atleast there is guarrentee that there will be no issue for me at port of entry.
 
masoom799 said:
(1) They may ask why I married to Green card holder ? ( I met my wife after spending first 3-4 months in US and we were in touch for next 3 months and we decided to get married).
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They won't ask why you married a green card holder; they'll ask why they should believe that you will not attempt to immigrate to stay with your green card spouse.

(2) In my wife’s N-400 form she gave details of mine like common address, date of marriage, my visa status and all so I think as soon as they swipe my passport at port of entry they will have my details. But throughout last 2 years I maintained legal status and will maintain that in future also. So, do you think with valid F1 status they still think I am intending immigrant ?
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The fact is that you do want to immigrate, and they will figure that out if they see your wife's details. It's a big risk if you try to enter with an F1 visa while married to a green card holder, especially one who is going through naturalization (and thus would enable you to file AOS soon). You should not travel outside the US without Advance Parole or the GC itself, unless you switch to a dual-intent visa like H1.

Note that because you moved to Texas, your wife is not eligible for approval until she lives 3 months in Texas. It seems that you have not properly notified them of the address change for naturalization purposes.
 
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Thanks "Jackolantern" for your reply regarding my questions.

My wife moved on 15th.January 2010. [ So, on 15th.April 2010 she will be completing 3 months. She joined her job on 18th april,2010]
She filled out form AR-11 online as well as paper formate and sent it to USCIS by USPS with signatuare confimation return receipt option. We got confirmation letter from USCIS within 10 days about address change. So, i don't know which is the other best way we need to notify them ?
 
On change of address please see my earlier reply to you. You are supposed to inform USCIS and request to change adress in pending N-400 application.USCIS ,on their own, will not change your address based on AR-11. It is your job to request to change address in pending N-400. See para 17 of Guide to Naturalization.

masoom799 said:
Thanks "Jackolantern" for your reply regarding my questions.

My wife moved on 15th.January 2010. [ So, on 15th.April 2010 she will be completing 3 months. She joined her job on 18th april,2010]
She filled out form AR-11 online as well as paper formate and sent it to USCIS by USPS with signatuare confimation return receipt option. We got confirmation letter from USCIS within 10 days about address change. So, i don't know which is the other best way we need to notify them ?
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Hello! "madh4",
last week my wife called USCIS 1-800-********* number for update of file status. She was told by customer representative that in their system the address was NJ only. Then my wife explained that she moved to San Antonio in Mid-january 2010 and discussed about address change form fill up and everything. So that means my was wife notifying and confirming them. If, they have not made any change in address even after that then they are really "dumb".
In one way if, they think my wife is still residing in NJ then its more than 8 months she completed her fingerprint so, why they are not acting on my wife's file.
If, this is not sufficient then please please let us know on which number we have to call and what specific type of request we need to put for address change.?
 
Hey guys, Today we have received a letter from CIS Ombudsman stating that they have started some inquiry regarding our case problem. They mentioned that wait for 45 days and if, we don't hear anything from USCIS then we should contact them again. With some excitement we are confused also.
[1] My wife took Info-pass appointment for 30th April,2010. So, do you think during talking with IO, she should mention that we have approached CIS Ombudsman for our case problem ?
[2] Do they (USCIS Newark, NJ ) have this new development in their record ?
[3] Can my wife directly insist to talk supervisor instead IO ?
[4] Instead of oral questions only do you think a nice letter with all the details of her file problem, she should hand over to IO ? Because sometimes candidate may forget important points due to tension and pressure.
[5] If, they won't give definite answer as they have done in her first info-pass appointment on 8th.Jan,2010...then will it be o.k. to request for withdrawal of file and plan for new filling in first week of May from San Antonio as she must have established 3months residency in Texas by that time.[ And the time line in san Antonio is currently approximately 4 months from start to end ].

I am urging you all experts to give me answers and your valuable replies as soon as possible.
 
1)No need to mention Ombudsman inquiry as it is independent of you talking to an IO
2)They may have a note of it in your case file, not that it makes any difference.
3)Yes, your wife can request to speak with supervisor.
4)No need for an extra letter at Infopass to explain situation.
5)Yes, but she has to send in withdraw request and make sure her case is withdrawn before she reapplies.
 
Thanks a lot Bobsmyth ! You are really Awesome.
Regarding your answer [5]..... What specific type of request my wife has to do ? Is there special file withdrawal form ? or at the end of her Info-pass appointment she can request that IO to withdraw her file officially from their system ? [ Means can she on the spot do that formality during info-pass appointment ?] I am asking you this because once she finished her Info-pass appointment she will be taking flight for Texas so, I am not sure from Texas the withdrawal process is feasible for a file which is actually held at NJ.
 
Hello ! Bobsmyth,
Please give your advice to a matter related to [5] . "What specific type of request my wife has to do ? Is there special file withdrawal form ? or at the end of her Info-pass appointment she can request that IO to withdraw her file officially from their system ? [ Means can she on the spot do that formality during info-pass appointment ?] I am asking you this because once she finished her Info-pass appointment she will be taking flight for Texas so, I am not sure from Texas the withdrawal process is feasible for a file which is actually held at NJ.
 
masoom799 said:
Hello ! Bobsmyth,
Please give your advice to a matter related to [5] . "What specific type of request my wife has to do ? Is there special file withdrawal form ? or at the end of her Info-pass appointment she can request that IO to withdraw her file officially from their system ? [ Means can she on the spot do that formality during info-pass appointment ?] I am asking you this because once she finished her Info-pass appointment she will be taking flight for Texas so, I am not sure from Texas the withdrawal process is feasible for a file which is actually held at NJ.
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Why do you think that withdrawing and re-applying will make anything better? Its not like the open a new file per applicaiton... it all goes into the same file.

If your wife's file in in NJ, then your applicaiton isn't going to proceed either way until that file gets to TX (like I said before, they don't open a new file every time you apply).
So, work with the TX office in getting this resolved.

Also, don't be a fool about your drivers license and insurance. You are supposed to get a new drivers license within 30 days of moving to Texas. If you haven't already done so, go get your Texas Drivers license tomorrow.

I actually think that USCIS can't find your wife's file. So wait for the Ombudsman's response and see what they say. If your wife withdraws the application and the file is indeed lost, you're going to face these delays again...
 
masoom799 said:
Hello ! Bobsmyth,
Please give your advice to a matter related to [5] . "What specific type of request my wife has to do ? Is there special file withdrawal form ? or at the end of her Info-pass appointment she can request that IO to withdraw her file officially from their system ? [ Means can she on the spot do that formality during info-pass appointment ?] I am asking you this because once she finished her Info-pass appointment she will be taking flight for Texas so, I am not sure from Texas the withdrawal process is feasible for a file which is actually held at NJ.
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There is no special form. All your wife needs to do is write USCIS a letter informing them she wishes to withdraw her case.
 
Hello to all experts of this forum !
Here, I am giving some updates and new developments regarding my wife's N-400 file. On 04/30/2010 she attended her Info-Pass appointment at Newark,NJ. A lady tried to search my wife's file in their system. My wife told her about her problem and not received interview letter even almost 9 months passed after FP. She also mentioned to her that this is her second Info-pass appointment. She explained to IO that she moved to Texas in late January and showed confirmation letter of address change notification from USCIS. After that That IO was surprised as in thier system the address was still showing NJ based. Then she called one lady from back office and they have discussed something. My wife also explained whole situation to her also and politely asked them that Can she talk with any higher authority or supervisor for her case. In response to that that second lady simled and told my wife that she is the person who can help her in best way and my wife can consider her a supervisor ( Does it mean she is really a supervisor !! who knows ! ). She talked nicely to my wife and told her that actually they don't have received my wife's file from National service center [ that was so depressing news for my wife at that moments ]. So, she gave some kind of special form to my wife ( Some inquiry type form) and asked my wife to fill out all the details like name, address, alien number, SSN, N-400 file number etc. She assured my wife that she will do all the necessary things to solve the problem and we will be notified from USCIS within next 60 days. My wife didn't know how to react with that answer. Whether she should fell happy to realize that one supervisor type senior of person is giving some assurance or get sad by having idea that she still has to wait up to 60 days just to know whats going on with her file !
we don't know what are the options for us. Even Ombudsman department told us to wait 45 days and nothing happen then we can notify them again.
We will be very thankfull to recevive advices from all the experts of this forum.
 
I wonder whether it is a strange case of file in Texas and case with NJ. Did you try Infopass at Texas ???? Did you call 1-800 recently. Call them as often as possible. There will be results.
 
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No we have not tried to contact congressperson's office or Infopass at Texas. At present we are so confused that wether our file is at National Service center or Newark,NJ or San Antonio,Texas ?
options left for us is to try Infopass at San Antonio,Texas district office. I don't know up to how long we should wait for at some update ?
 
masoom799 said:
No we have not tried to contact congressperson's office or Infopass at Texas. At present we are so confused that wether our file is at National Service center or Newark,NJ or San Antonio,Texas ?
options left for us is to try Infopass at San Antonio,Texas district office. I don't know up to how long we should wait for at some update ?
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The file is likely at NBC waiting to be transferred to Texas. At the very least, the San Antonio DO should be able to tell you if they have requested the file.
 
masoom799 said:
t they are in so hurry to finish the waiting people in line that hardly 1 minute time every one gets. I hate to mention one fact here that the staff in Newark, NJ office have majority from one specific community people ( I hope you people understand what i mean to say and to whom i am talking about. I even felt such attitude in one of the university in that area where i studied my masters course . Specifically administrative staff.[ UMDNJ, Newark campus ]. They are not so polite and have some kind of attitude.
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Please do elaborate whom you are talking about so the rest of us may be spared some misery if we ever venture into New Jersey :-)
 
Update regarding my wife's N-400 case:

She took Info-pass appointment at San Antonio,Tx for 05/27/2010. Any suggestions about what type of questions she can ask to IO ?
[1] Will it be possible that she can get some assurance from IO at San Antonio district office ?
[2] Is it o.k. to mention about her previous 2 Info-pass appointments at Newark,NJ ?

Please, advice us who we can proceed further ?
Thanks.
 
masoom799 said:
Update regarding my wife's N-400 case:

She took Info-pass appointment at San Antonio,Tx for 05/27/2010. Any suggestions about what type of questions she can ask to IO ?
[1] Will it be possible that she can get some assurance from IO at San Antonio district office ?
[2] Is it o.k. to mention about her previous 2 Info-pass appointments at Newark,NJ ?

Please, advice us who we can proceed further ?
Thanks.
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Have her ask where her case file is and how long before it gets transferred to DO for interview.
 
masoom799 said:
Update regarding my wife's N-400 case:

She took Info-pass appointment at San Antonio,Tx for 05/27/2010. Any suggestions about what type of questions she can ask to IO ?
[1] Will it be possible that she can get some assurance from IO at San Antonio district office ?
[2] Is it o.k. to mention about her previous 2 Info-pass appointments at Newark,NJ ?

Please, advice us who we can proceed further ?
Thanks.
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Hope she has ID with your new address. Let her take proof of the fact that she had stayed in SA, Texas since Jan2010 - to prove 90 days wait is over. Please do not expect any assurances from USCIS. They have mishandled her case so far. She should try to meet the supervisor as she is waiting since Aug 2009. Keep pressing them for some action.

Do not think of withdrawing the N-400 now. What is the guarantee her new n-400 will be dealt fast. The four prong attack should be , one you have already approached Ombudsman. Pursue that. Contact your Senator/Congressman. Make infopass again if there is no result. Ring up 1-800 and make as many SR as possible. Best of luck.
 
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