QUESTION
What should we do if we have not received the letter for the citizenship oath ceremony?
Asked on Jan 12th, 2011 on Immigration - California
More details to this question:
My girlfriend is Mexican who have a green card since 2003 and lives in Texas, on the mid of August 2010 she made the U.S citizenship naturalization test and she passed it then the USCIS send to her attorney the date of oath ceremony on the mid of Sep 2010, then her attorney called her back and told her that the date of attending the Oath ceremony for her got delayed by USCIS, so till now she is still waiting her new letter of Oath ceremony and the new date for attending this ceremony. Further more, before 10 days ago her attorney called her and she told him that she didn’t receive it till now then he said he will check about this with the USCIS and will follow up about this matter, so I have 3 questions:
Is this situation is okay, I mean is this normal to happen sometimes in some states? She already passed the U.S citizenship naturalization test and she pay’s her taxes always and she has a good job in the U.S.
I am here visiting the U.S by B2 visa and have 6 months entry , shall we get married now or shall I wait until she get the U.S citizenship? Because I do not want to go outside the U.S and keep us waiting for years as couples until she can sponsor me! Because I want to stay with her and establish a live together, not far away from each other.
When do you think that she will have the oath ceremony? Is it normal to wait more than 4 months after the person pass the U.S Citizenship naturalization test or there is something wrong? Please can anyone give me clear answers for this situation? Thank you in advance.
3 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
4 months seems long but sometimes this does happen. Have her attorney request administrative naturalization if that is an option in her district. She can also file an inquiry with the 800# or better yet make an INFOPASS appointment to check on her case. If not happy with the attorney, contact me to assist you.
With regard to your application I don't know how much time you have left on your B-2 to properly advise you but definitely take whatever steps you can to expedite the citizenship Oath. If you need advice on your case contact me and I will advise on procedure and costs.
Answered on Jan 19th, 2011 at 4:28 PM
Immigration Law Attorney serving Costa Mesa, CA
Partner at
Law Offices of Louis M. Piscopo, APLC
2 Awards
It is not normal to wait 4 months for a rescheduled oath appointment, BUT it is not unheard of. It may be that the USCIS in your area does not have many oath ceremonies scheduled. She should follow up with her attorney, or she should make an INFOPASS to follow up on her case. She can make an INFOPASS by going to USCIS.gov and following the instructions.
You can get married now since it will not affect her Naturalization application. She can petition you once you are married, and once she is a citizen you can file for your Green Card without having to leave the U.S.
Answered on Jan 13th, 2011 at 8:43 AM
Immigration Attorney serving Torrance, CA
at
Marie Michaud, Attorney At Law
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Sometimes, Oath ceremony for an applicant get canceled or delayed. Sometime, the notices are mailed late, never received or never mailed. Things happen. USCIS and / or the mail service is never 100% perfect. The attorney seems to be doing the same thing as I would in same situation. A trip to the USCIS might reveal an oversight or a particular problem.
Probably better (In most situation - to ascertain yours I would have to ask you more questions) to wait for your girlfriend to naturalize, then she can file for you as a spouse.
Answered on Jan 12th, 2011 at 7:13 PM