Jump to content
Lemon23

US Citizen spouse withdrawn the petition while LPR wife is out of the country

 Share

90 posts in this topic

Recommended Posts

1 minute ago, Lemon23 said:

This is actually her question, her re-entry here since the support was withdrawn already and she's still under conditional status since her i-751 is still pending and the support from US citizen husband was withdrawn. Isn't the status is automatic terminated once the support was withdrawn?

 

If the alien withdraws the petition, yes.

If the USC withdraws their support, no, and a waiver can be added to the existing petition making it a solo petition.

 

As long as she filed the I-751 before expiry and got the I-797 extension letter, until notification of termination by USCIS she remains a LPR with all the rights and responsibilities that entails.

 

Even if her status WAS terminated (for example as above, if her husband forged her signature and has intercepted the mail), then presenting at a POE with a claim of permanent residency, (supported of course by her expired card and extension letter) then she has the right to a hearing with an immigration judge. 

 

 

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

 I-751 Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Canada
Timeline
11 minutes ago, Lemon23 said:

 Isn't the status is automatic terminated once the support was withdrawn?

That's what I always assumed when it came to conditional residents.  Part of the conditions is the affidavit of support by the petitioner.  Which has now been pulled.  Filing the divorce waiver is allowed, yes, in cases such as this when the applicant is already IN the United States.

 

Since the applicant is OUT of the United States, she has to get back in first---and according to the travel document permitting re-entry,for a conditional resident I believe that becomes null and void once the affidavit is pulled, not neccessarily needing the entire application pulled.

 

A phone call to USCIS should clear things up more, of course.

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

Link to comment
Share on other sites

Just now, Going through said:

That's what I always assumed when it came to conditional residents.  Part of the conditions is the affidavit of support by the petitioner.  Which has now been pulled.  Filing the divorce waiver is allowed, yes, in cases such as this when the applicant is already IN the United States.

 

Since the applicant is OUT of the United States, she has to get back in first---and according to the travel document permitting re-entry,for a conditional resident I believe that becomes null and void once the affidavit is pulled, not neccessarily needing the entire application pulled.

This is what she thought too, that is why she is very concern that she might be deported back and not allow to enter here.

VERMONT SERVICE CENTER - I-751 ROC

05/11/17: Date of I-751
05/12/17: VSC received our package

05/12/17: NOA Date
05/14/17: NOA Arrived in the mail & check cashed

06/22/17: Biometrics Appointment at ASC Manhattan

04/09/18: Online changed to case transferred to local office but no actual letter

06/13/18: Card Being Produced - NO RFE/NO INTERVIEW

06/16/18: Approval Letter arrived in the mail with 06/13/18 approval date

06/18/18: Card was picked up by USPS

06/20/18: Received 10 years Green Card from the mail - END OF I-751 JOURNEY!

 

E-FILING (IOE) N-400 APPLICATION FOR NATURALIZATION

06/21/18: Submitted Online
06/22/18: Received NOA Online

06/23/18: Online account updated to Biometrics scheduled on 07/12/18

06/25/18: NOA letter arrived in the mail

06/28/18: Biometrics appointment letter arrived in the mail

07/12/18: Biometrics appointment at ASC Manhattan

02/28/19: In Line for Interview

03/01/19: Interview Date is on 04/08/19

04/08/19: Interview Day: Approved on the spot

04/09/19: We Scheduled your Oath Ceremony 

04/12/19: Oath Letter arrived in the mail

05/02/19: Oath Ceremony - OFFICIALLY U.S. CITIZEN AND END OF IMMIGRATION JOURNEY!

 

DS-11 - APPLICATION FOR US PASSPORT BOOK AND CARD

05/02/19: Submitted application thru USPS - Expedited
05/06/19: Received email, passport application is now traceable online thru Travel.State.gov website (https://passportstatus.state.gov/Search)

05/08/19: Received email, passport has been printed and it's on final processing
05/09/19: Received email, passport application has been finished processing with USPS tracking number and expected delivery is on 05/14/2019

05/10/19: Receive email from USPS informed Delivery - Expected Passport delivery is on 05/11/2019

05/11/19: Passport book received thru USPS Priority Mail

05/13/19: Passport card received

05/14/19: Naturalization Certificate back - END OF PASSPORT APPLICATION!

 

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Canada
Timeline
Just now, mindthegap said:

 

 

The affidavitt of support (I-864) is not removed or terminated even by getting divorced, and is not affected by removing their support on the joint I-751 so no, you are wrong on this point.

 

Not the affidavit of support I'm talking about---the travel extension letter that allows her re-entry might be null and void due to the pulled affidavit.

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

Link to comment
Share on other sites

Filed: Timeline
28 minutes ago, mindthegap said:

What affidavit?

It is a joint I-751 petition that has been filed.

 

A USC is of course free to remove themselves from that joint petition at any time prior to adjudication.... but by doing so this does not terminate the WHOLE petition, or terminate the aliens status, as they have a right to add a waiver and continue as a solo I-751 petition.

The extension is valid until termination of status by USCIS, which -  as status would not be terminated by the USC spouse removing themselves from the joint aspect of the petition - remains valid. 

 

 

 

 

 

100% correct in everything that has been posted by mindthegap.

 

When USCIS gets a notice that the couple is separated or pending divorce they send an RFE asking if you want to switch to a waiver petition. Thats probably what the notice is thats on its way or already sent from USCIS. If she is unable to get this piece of mail she needs to contact USCIS to get a copy sent to her updated address. They dont simply terminate your status when one party removes themselves from the joint ROC 

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Canada
Timeline
4 minutes ago, Suss&Camm said:

Her status is not terminated and she is fine to reenter, given the information that has been provided.

Let's hope she didn't receive a termination letter on the travel extension...

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

Link to comment
Share on other sites

5 minutes ago, Going through said:

Let's hope she didn't receive a termination letter on the travel extension...

If she JUST received the email about the petition, the likelihood of a termination decision of her status being made in that amount of time is extremely low. You would receive the letter (rfe) mentioned above asking if they want to go ahead with a waiver and be given the normal ample response time to reply to that request first.

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Canada
Timeline
11 minutes ago, Suss&Camm said:

If she JUST received the email about the petition, the likelihood of a termination decision of her status being made in that amount of time is extremely low. You would receive the letter (rfe) mentioned above asking if they want to go ahead with a waiver and be given the normal ample response time to reply to that request first.

I know....I'm just thinking if her husband waited until she was out of the country to do this, then it's possible he's also the type to intercept her mail and send back the reply (maybe with a forged signature) as soon as he sees it arrive.  I believe the OP said the wife will be out of the country until sometime next month?

 

Hopefully she will file the AR11  asap.

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

Link to comment
Share on other sites

1 minute ago, Going through said:

I know....I'm just thinking if her husband waited until she was out of the country to do this, then it's possible he's also the type to intercept her mail and send back the reply (maybe with a forged signature) as soon as he sees it arrive.  I believe the OP said the wife will be out of the country until sometime next month?

My point is, they apparently have email notification. This email would have gone out about the same time the letter is sent. If previous correspondence was sent, she would have received an email.... since this is the email regarding the petition, any previous missed correspondence wouldn't have a potential status termination, and any potentially missed correspondence after this email would have been to soon for anything of that sorts to happen.

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Jamaica
Timeline

Husband is an #######. No matter what the issues are that they have. He could have discussed this before she left ir after her return. His hope is to get her banned from the country. After asking someone to relocate and acclimate oneself and then to do this is just shitty. It hurts me to think that a human can be so cold. I hope she forwards her mail and be able to enter the home in order to access her belongings and also get her documentation need to ROC on her own. I wish her all the best. We have a saying in my country i will use proper english for it. It goes - see me and come and live with me are two different things. This case is so true of that.

Evil has shown its face and its her husband for pulling such a stunt.

Visa - CR1

Service Center - Nebraska

PD - January 26, 2017

NOA1 - January 31, 2017

NOA2 - November 3, 2017

State Department - Sent November 7, 2017

NVC Received - November 9, 2017

Consular Interview - January 5, 2018

Port of Entry - Miami on January 19, 2018

 

ROC Mailed - December 14, 2019

ROC Rec'd - December 16, 2019

E-Notification - December 19, 2019

ROC sent to National Benefits Center (MSC receipt #)

Cheque cashed December 20, 2019

Ready to Schedule for interview - October 7, 2020

No ROC interview

New card is being produced - August 16, 2021
Card received - August 23, 2021

 

 

N400 -  Online

Filed - July 19, 2021
NOA - July 24, 2021

Biometrics - August 16, 2021
Interview - December 14, 2021

Approval - January 27, 2021

Oath Ceremony Notice Mailed - March 17, 2022

Oath Ceremony - March 30, 2022

 

Passport Book and Card in hand August 12th and 14th 2022.

 

My journey is finally over 🥰

 

 


 

Link to comment
Share on other sites

I'm sorry to hear this but it's so messed up just spitefulnes. Seeing this is an emergency your friend should try to get back here now and not next month. They had a conditional green card and this was done while they're out the country. The thing is they didn't  file any waiver before leaving because no one knew this was going to happened. When some one on LPR comes back through the airport officers check for their GC in the system to make sure it's valid/fraud etc. She may well be turn back. I read a few comments everyone saying her LPR wasn't terminate at this point it is because that's how she got it through her USC spouse. She's wasn't in the country to file waiver under a new petition like i360 etc before she left to keep her GC valid. Best thing for her is too get back here like today see if they will let her back in then get good lawyer. Calling USCIS will not get you far they will tell you that a petitioner has the right to withdrew their petition. Or you go and talk to a lawyer on her behalf may  they can file a motion or from uscis to have her back here with no issue she may need to sign papers but that can get to her by express mail and she mail back the same way. I hope it all work out for her.  Things are not like they was before as everyone sees Trump is getting rid of us slightest thing under Trump now I don't know. How long has she been out?

Edited by Rp1
Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.
Guest
This topic is now closed to further replies.
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...