urgent help needed - i751 returned

[NikkisPrecious 0]

hi all, i have a difficult case.

I filed my i 751 but did not send the cheque, i know this may seem stupid as to why the returned it, but the reason i did not send the cheque was because my spouse was unwilling to sign it, i don't have access to any w2's and i thought i could be out of the filling time frame. I explained this in a letter and asked if they could simply tell me if i'm still eligable or if these factors will go against me. I even put i did not want to be charged $545 if there was no hope me having my conditions removed.

All i got back was a letter saying the correct fee was not sent. duh i know!

So i'm in the situation... are they telling me YES it will be fine send the $545 and we'll remove your conditions or are they saying YES send us the $545, we'll pocket it and refuse you!?

They could of at least had the decency to write something to accompany the bog standard return note. I really don't want to send the money and be denied. But i don't know if my gut feeling is right. Did they only say the fee wasn't sent to us so if you do re submit you'll be ok?? non of the other boxes were checked on the return form, yet no other information has been provided for me.

Any help would be greatly appreciated

[Udella&Wiz 325]

hi all, i have a difficult case.

I filed my i 751 but did not send the cheque, i know this may seem stupid as to why the returned it, but the reason i did not send the cheque was because my spouse was unwilling to sign it, i don't have access to any w2's and i thought i could be out of the filling time frame. I explained this in a letter and asked if they could simply tell me if i'm still eligable or if these factors will go against me. I even put i did not want to be charged $545 if there was no hope me having my conditions removed.

All i got back was a letter saying the correct fee was not sent. duh i know!

So i'm in the situation... are they telling me YES it will be fine send the $545 and we'll remove your conditions or are they saying YES send us the $545, we'll pocket it and refuse you!?

They could of at least had the decency to write something to accompany the bog standard return note. I really don't want to send the money and be denied. But i don't know if my gut feeling is right. Did they only say the fee wasn't sent to us so if you do re submit you'll be ok?? non of the other boxes were checked on the return form, yet no other information has been provided for me.

Any help would be greatly appreciated

You don't have a choice - they don't adjudicate your case unless you've paid the fee, it's as simple as that. Its a little unclear what W2's have to do with when you should file your ROC? When does your 2 yr gc expire...you can file up to 90 days in advance of that. Why won't your spouse sign the check? Are you still married?

They returned it because you didn't pay the fee - they are not saying 'if you pay it, then you're approved' so ignore what you think is a gut feeling....you just have to follow the process like everyone else.

[NikkisPrecious 0]

I thought as much, so basically, they'll take the money and refuse me. It stated on the form evidence to supply, that included w2's, i've no idea what ROC is?? I'm still within the time frame although i only have a matter of days to return it again. I know i have to follow the process like everyone else, i just wanted them to tell me if i stood a chance. If i can't get her to sign it and i can't supply any evidence along with the form, i didn't want to send $545 for them to just say, you didn't give us any evidence you know?

this is what i wrote to them...

To whom it may concern,

I am filing this I-751 form to remove the conditions of my permanent residency, my spouse has been unwilling to file the petition together and refused to give me notice of when I needed to file the I-751, the expiration date on my card is 01/21/2010. I hope that I am still within the filing time, however if the time has passed I would be very grateful for the late filing to be excused. We both entered the marriage in good faith, however think we may of rushed into it and has resulted in a strain on our relationship over the last year. We are still married and have not mentioned divorce yet however since things have not been too good for our relationship I have been staying with friends of my spouses family and other friends of mine in the United States. In part 2 of the I-751 you will notice I have ticked the box “g”, this is the only box that I could really think would relate to my case, as the other tick boxes do not really apply. My spouse has 2 children from a previous relationship that I love dearly and have become very attached to over the last few years and to not be able to see them along with my friends and family would definitely cause extreme hardship for me. More recently I have flown back to the United Kingdom to spend Christmas time with my immediate family, however wish to return to the United States shortly. Please accept my apologies if I have failed to send other supporting evidence as most of my documents are with my spouse and I do not have access to them. I did not send the fee for the removal of conditions because I did not want to be charged $545 if I was too late in filing, however if I am still within the time frame to file and can have my conditions removed I can send the money and re-apply immediately after hearing back from you. I would be very grateful that your response be sent here at my UK address so that I can deal with the case directly.

I would like to thank you kindly for your consideration in my case and hope it can be resolved for my future back in the United States.

Many Thanks

[EstebanTrabajos 7]

I would schedule an infopass appointment and explain your situation, normally when there is a divorce proceeding they will wait but you have to let them know. Problem here is that you haven't even started the divorce that's why you have to speak with them to get advice.

Go to your local USCIS office and talk to an immigration officer, if you don't do anything they will start the termination process.

Edited February 4, 2010 by TävôLuDô

[NikkisPrecious 0]

ok, so just in your opinions, what do you think my chances are?

personally i think i stand no chance. the only thing i can send is the form itself and the fee, with no evidence at all. surely thats not good?

Oh and i can't go to my local USCIS office and talk to an immigration officer becoz i'm back in the uk and don't think going through customs in US would be a good idea right now.

I've tried calling 1800 375 5283 but can't seem to actually speak to anyone that can help

Edited February 4, 2010 by NikkisPrecious

[EstebanTrabajos 7]

Your chance is good because your marriage was true, you HAVE the right to remove conditions with or without your husband; with if you are still married and both agree or w/o if you divorce BUT you need to prove that you entered the marriage in good faith. Photographs, statements from people that know you both and can confirm it wasn't visa fraud, mail from both parties showing the same address, emails from/to your husband showing that there is a relationship, problematic, but still a true relationship.

Do not shot the plane down before it takes off, calm down.

Edited February 4, 2010 by TävôLuDô

[milimelo 4,503]

So you have nothing to send in?

No copies of insurance cards, no taxes filed (even though you can get these yourself from IRS), no bills, no bank statements, no pictures?

I'm sure you can get affidavits from your friends and family that it is a marriage entered into in good faith.

Think it through, you must be able to have some paperwork to send in.

[Udella&Wiz 325]

ok, so just in your opinions, what do you think my chances are?

personally i think i stand no chance. the only thing i can send is the form itself and the fee, with no evidence at all. surely thats not good?

Oh and i can't go to my local USCIS office and talk to an immigration officer becoz i'm back in the uk and don't think going through customs in US would be a good idea right now.

I've tried calling 1800 375 5283 but can't seem to actually speak to anyone that can help

We can't say one way or the other - if you're still validly here and your GC hasn't espired...make yourself an appointment...they won;t tell you anything about whether you're approved, but they will help you undertsand what your options are.

you can't have it both way I understand that you'd like to know - we all would. You entered the marriage in good faith and that's good.

Edited February 4, 2010 by Udella&Wiz

[NikkisPrecious 0]

the only thing i can provide from here is, the form, the fee, letters from friends and photos, anything else i can't get access too. I can't show letters to the house or anything of that sort

and i'm still waiting in the UK, so seeing an officer or anything like that is a no go.

Edited February 4, 2010 by NikkisPrecious

[NikkisPrecious 0]

So you have nothing to send in?

No copies of insurance cards, no taxes filed (even though you can get these yourself from IRS), no bills, no bank statements, no pictures?

I'm sure you can get affidavits from your friends and family that it is a marriage entered into in good faith.

Think it through, you must be able to have some paperwork to send in.

I can do pictures, and letters from friends, thats about all i have access too

[EstebanTrabajos 7]

Look ANYTHING that you can provide to prove your relationship was true you provide. It's as simple as that and schedule an appointment with USCIS, they won't deport you nor judge you nor anything else, and you will get a true answer to your problems.

Besides, it's not that you abandoned your status, you sent your application, incomplete but you have proof that you sent the application within time.

[milimelo 4,503]

Were you on the same bank account?

[sh18 3]

the expiration date on my card is 01/21/2010.

No one noticed this problem? He is also outside the US..

[NikkisPrecious 0]

Look ANYTHING that you can provide to prove your relationship was true you provide. It's as simple as that and schedule an appointment with USCIS, they won't deport you nor judge you nor anything else, and you will get a true answer to your problems.

Besides, it's not that you abandoned your status, you sent your application, incomplete but you have proof that you sent the application within time.

I can't schedule and appointment, i'm not in the US and my card expires soon, i have to wait in the UK or i will get deported at customs. Thanks loads for you responses though, i think i'll just send as much as i can with the fee and keep my fingers crossed!

No one noticed this problem? He is also outside the US..

thankyou! i'm still eligable on the time frame factor just not so much on the being in the US part lol

I've got plenty of pics etc to show it wasn't fraud, hopefully i'll get it

[sh18 3]

I can't schedule and appointment, i'm not in the US and my card expires soon, i have to wait in the UK or i will get deported at customs. Thanks loads for you responses though, i think i'll just send as much as i can with the fee and keep my fingers crossed!

What do you mean your card expires soon? It is expired.

thankyou! i'm still eligable on the time frame factor just not so much on the being in the US part lol

I've got plenty of pics etc to show it wasn't fraud, hopefully i'll get it

You do realize you're eligible to apply any time 90 days prior to the expiration of your card? You card already expired 2 weeks ago. You will need some serious justification for that.