ROC Denied

[MamaAsiya 8]

Hello,

My soon-to-be-ex-husband recently filed for ROC on his own behalf due to an impending divorce. He received a letter from USCIS (which I have not yet seen) stating I-751 has been denied because they have not received his application. I'm assuming he filed a couple of days late. It said he has the option to appeal but contained no additional information about how to proceed. He's trying to get advice from an attorney, etc. I was hoping I can get more information about what to expect and his options to proceed.

Personal Background: I am conflicted about whether I want him to stay or leave. He was abusive to me (convicted of a misdemeanor). He now seems genuinely reformed (he really took to the anger management classes, pscyhiatric treatment, etc.). He keeps his distance and does not bother me. Our daughter is very attached to him. He is not consistant with his visitations and, on average, sees her about 4-5 hours a week. I don't want to continue to be financially responsible for him but it is unlikely that would actually materialize. I am not sure what role I should play so I am looking for my options too.

Thanks in advance,

Mama Asiya

[JimVaPhuong 4,863]

They generally allow about 30 days to file a motion to reopen.

USCIS is a stickler about "timely filed" petitions. If it's filed late then they want an explanation, and the reasons need to meet their requirements. This is from the I-751 instructions:

If your failure to file was through no fault of your own, you may file your petition late with a written explanation and request that USCIS excuse the late filing. Failure to file before the expiration date may be excused if you demonstrate when you submit the application that the delay was due to extraordinary circumstances beyond your control and that the length of the delay was reasonable.

He didn't submit a written explanation for his late filing, so they couldn't excuse it. If he wants to salvage his petition then he needs to provide this explanation. I'm not sure if he'd also need to submit an I-290B Motion to Reopen, but I suspect he would since his petition has already been denied. The filing fee for the I-290B is $630.

If he has a misdemeanor conviction for domestic violence then his removal of conditions could be denied on that basis alone.

[MamaAsiya 8]

Thank you very much for the information!

[MamaAsiya 8]

Is there a fee waiver for I-290B?

[JimVaPhuong 4,863]

Is there a fee waiver for I-290B?

Sorry, I forgot about this thread when I posted in your other thread.

Yes, the I-290B is eligible for a fee waiver if the fee for the underlying petition was waived, or if the underlying petition was eligible for a waiver of the fee. The I-751 is eligible for a fee waiver, so an I-290B filed in response to a denied I-751 would be eligible for a fee waiver. Submit an I-912 to request a fee waiver. Be warned: If the fee waiver is denied then you'll have to resubmit the I-290B with the fee, and you'll have wasted precious time. They don't extend the window to file the I-290B just because the fee waiver request was rejected. He's already in trouble because he didn't get his I-751 submitted in time.