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sunshine16x

Re-filing I751 after Denial for Missing Divorce Decree

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Hello VJ,

Just wondering if anyone else has experience or advice regarding the possibility of refiling my I751.

I originally filed my I751 with a waiver request due to divorce, while my divorce was pending.

I received an RFE for divorce decree but I didn't have it by the time the RFE was due.

I received a letter of denial for not providing divorce decree and am currently waiting for a Notice to Appear before an Immigration Judge.

Well, today my divorce became finalized! I am wondering if I can refile the I751 along with the divorce decree since I haven't received the NOA yet.

I know of one other member who refiled after getting denied but before receiving the NOA. However, said member had originally filed a joint application, then withdrew the application and was denied. Before receiving the NOA, said member refiled I751 with divorce in hand and was approved.

If anyone has any information, please let me know. I have researched this situation but have not found anyone else with similar situation. I have consulted with an immigration lawyer and was told it's not possible, that I have to go before the IJ and present my case.

Thank you for any advice.


ROC (Divorce Waiver)- CSC

2/14/14- Filed for Divorce

2/28/14- Sent I751 Packet (divorce pending)

3/3/14- NOA1 (receipt date)

3/5/14- Check Cashed & NOA1 Received in the Mail

3/6/14- GC Expired

3/11/14- Received Biometrics Appt. Letter (for 3/28)

3/21/14- Biometrics (done 1 week early)

5/20/14- RFE received for divorce decree/more evidence

8/8/14- Submitted further evidence, no divorce decree yet

9/12/14- I751 Denial received

10/8/14- Divorce finalized

10/14/14- Sent I751 Packet again, with divorce decree! (Refiling)

10/15/14- NOA1 (receipt date)

10/17/14- Check Cashed

11/03/14- Biometrics Done

3/6/14- 1 Year Extension Expired

3/24/15- I551 Stamp in Passport (1 year extension)

4/16/15- APPROVED! E-mail & Text Received

4/20/15- Approval Letter Received via Mail

4/25/15- GC in hand! Happy Birthday to me! :)

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I believe you can re-file provided you are not in removal proceedings.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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I would definitely take the chance. The worst they can do is reject/deny it. I would go ahead and refile and see what happens. Goodluck


AOS from F-1(Married to USC
06.08.12 - AOS mailed
09.18.12 - Interview.....Approved!!

ROC- Divorce Waiver
05/09/14- I-751 packet mailed to CSC
05/12/14- NOA1 Receipt date
07/01/14- Biometrics Appt

08/11/14- RFE received

09/08/14- RFE response received by USCIS

09/22/14- 10yrs GC Approved!!

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