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Filling I-751 Late NEED HELP

By vahexa in Removing Conditions on Residency General Discussion

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vahexa Newbie

vahexa   0

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I have big issue. I filed the I-751 3-4 month ago and received a rejection due to an issue with a bank after which I received the I-797 Extension Letter stating that the green card was extended. The deadline was last September. I-797 made me think that I have a year to re-submit the I-751 and dummy me that was a big mistake. I called the Immigration Office and spoke to the officer and learned that the case is closed. However, she claimed that it can be re-opened once I resubmit the I-751 with "good cause" explanation letter. Is this misunderstanding can be considered a good cause? Would I receive another extension later that will allow me to travel once it is approved even though I am re-submitting 3-4 month later? How long something like will usually take?

mindthegap Experienced

mindthegap   2,590

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Filed: Lift. Cond. (pnd) Country: United Kingdom
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50 minutes ago, vahexa said:

 However, she claimed that it can be re-opened once I resubmit the I-751 with "good cause" explanation letter. 

So, if I understand this, you filed the I-751, received the extension letter, but then they cancelled it due to some bank error (presumably a bounced cheque?) Did you receive a letter of denial due to this bank error?

 

It will not be re-opened as such. It will be a new I-751 submission, that may be accepted if you write an explanation for the late filing. You MUST include an explanation letter for consideration, or it will be immediately rejected.

 

51 minutes ago, vahexa said:

Is this misunderstanding can be considered a good cause? 

Possibly, although if it was your fault (you forgot to put money in to cover the cheque for example) rather than the banks it may be a bit of a stretch.

Explain it as clearly and honestly as best you can. Perhaps consider having a lawyer draft a letter for you.

 

Read this, particularly part 4) C): https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static Files Memoranda/Adjudication of Form I-751100909.pdf

 

52 minutes ago, vahexa said:

Would I receive another extension later that will allow me to travel once it is approved even though I am re-submitting 3-4 month later? 

If accepted, yes.

 

 

52 minutes ago, vahexa said:

 How long something like will usually take?

Even longer if you are wasting time posting about it instead of sending it ASAP.

Why on earth did you wait this long to investigate and sort it out?

 

 

 

 

17 minutes ago, vahexa said:

can someone help me please

Dude, it was 30 mins since your first post on a sunday morning. 50% of the US is still hungover from last night.

 

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

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. 

 

vahexa Newbie

vahexa   0

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Thank you for your quick reply.  This is issue is actually is for my wife who is planning to travel and that is the reason I investigated. Having the extension letter made me mistakenly think that I have time to refile. Is traveling out of US is an option after filing I-751? 

vahexa Newbie

vahexa   0

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Out of panic I submitted the I-751 2 days ago with no research and no explanation letter and I am now sure it will  get rejected. So once I receive the rejection letter I must refile again. Do you also think going to Local Immigration office walk-in will help this case? I tried to schedule an appointment and none available. 

little immigrant Proficient

little immigrant   801

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53 minutes ago, vahexa said:

Thank you for your quick reply.  This is issue is actually is for my wife who is planning to travel and that is the reason I investigated. Having the extension letter made me mistakenly think that I have time to refile. Is traveling out of US is an option after filing I-751? 

I wouldn't travel anywhere until the 10 year green card is received. 

 

I would not walk in to a local office as I don't think it will help. 

 

vahexa Newbie

vahexa   0

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I just schedule an appointment in Santa Ana with USCIS Although the local office is in Los Angeles where there were no available dates for the next two weeks. I hope this will not be an issue that it is not in Los Angeles and that they can help us. 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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