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1-Year Expired Green Card Grace Period is almost over. What can be done?

By Trymester3 in Removing Conditions on Residency General Discussion

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Trymester3 Collaborator

Trymester3   6

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Filed: Timeline
Posted

My ex-wife is Japanese and currently living in New York City. Her initial Green Card expired Feb. 19, 2017. She had already sent in all of the ROC paperwork along with a divorce waiver before her ROC deadline (but we didn't have the divorce decree at the time of filing). As of January 2018, no RFE has been sent.

 

She has since done biometrics but she is still living with an expired Green Card. The USCIS said that she has a 1-year grace period. There has been no communication from their side and the 1-year grace period ends in less than a month.

 

I promised that I would help her so please tell me what can be done next?

Thanks.

Waittrain Explorer

Waittrain   17

Posted
Filed: AOS (pnd) Timeline
Posted

You are really a nice person, Gob bless!

 

I hope every ex spouse will be like that without retaliating.

 

Anyway, your ex wife can go to USCIS local office by taking infopass appointment and get a stamp.

Good for 1 more year I guess. 

mrs thb Proficient

mrs thb   331

Posted
Filed: Lift. Cond. (pnd) Country: Canada
 Timeline
Posted
On 1/29/2018 at 2:30 PM, Waittrain said:

You are really a nice person, Gob bless!

 

I hope every ex spouse will be like that without retaliating.

 

Anyway, your ex wife can go to USCIS local office by taking infopass appointment and get a stamp.

Good for 1 more year I guess. 

She will need to seek an I-551 stamp in her passport and they will keep her expired GC and give you a copy of the extension letter from what I have read. 

 

Infopass appts for many centers are difficult to secure, so you may have to refresh often and keep checking back at different times of the day as new appts may open.  Infopass appt can be made online, you do not need to attend the office to make an appt per se.  I would ensure that she has all her documents with her so she does not need to make a return visit.  I'd be certain too that her passport is valid for the entire duration of the extension, otherwise you will expect further delays should she have to surrender the old passport due to it expiring. I do not know the rules with Japanese passports (if they are returned or not with the new issue) but should the old not be returned she will need to get the stamp in the new one too.

 

Good luck to you both on your new journeys. 



USCIS
30 Jan 2014 - Sent I-130
03 Feb 2014- NOA1
10 months of bologna, we cannot believe this, nor will you if you knew
02 Dec 2014- NOA2

NVC
30-Dec 2014 case received
10-Feb 2015 case and iin # assigned
10-Feb 2015 completed ds 261
11-Feb 2015 paid AOS fee
11-Feb 2015 welcome letter rec'd
15-Feb 2015 emailed AOS & IV package info
19-Feb 2015 paid IV fee
23-Feb 2015 submitted ds260
07-Apr 2015 CC :dancing:
26-May 2015. interview--approval

28-May 2015 noon visa in hand!!

POE-??

Trymester3 Collaborator

Trymester3   6

Posted
Filed: Timeline
  • Author
Posted

Thanks for your reply Mrs. THB,

She never received an American passport so it would probably be receiving the I-551 stamp in her passport. Then she would get the extension letter, correct?

 

Also, is it at the USCIS InfoPass Appointment that they would stamp her passport?

nightingalejules Proficient

nightingalejules   678

Posted
Filed: Lift. Cond. (pnd) Country: Canada
 Timeline
Posted
18 minutes ago, Trymester3 said:

Thanks for your reply Mrs. THB,

She never received an American passport so it would probably be receiving the I-551 stamp in her passport. Then she would get the extension letter, correct?

 

Also, is it at the USCIS InfoPass Appointment that they would stamp her passport?

Yes,  I-551 stamp goes in her passport, and yes, that happens at the infopass appointment. 

There is no second letter; the stamp is effectively a green card (which is why they should take her old, expired one.

 

Is your timeline updated?


Oath Ceremony Dec 14th, 2018 I am finally a citizen and done with USCIS for good!

 

 

IR-1/CR-1 Visa:                            

Marriage: 2013-08-05                                   I-130 Sent: 2013-10-07                                                 I-130 NOA1: 2013-10-09                               

I-130 transferred to VSC: 2014-03-12        I-130 NOA2: 2014-03-24                                              NVC Received: 2014-04-07 

Case Number and IIN: 2014-05-05             Sent ENROLL email for EP: 2014-05-06                    Gave email addresses to NVC: 2014-05-08             

DS261 submitted: 2014-05-09                    AOS invoiced and paid: 2014-05-12                           DS261 re-submitted - GRRRR! 2014-05-21               

ENROLL conf. email: 2014-06-05               Submitted AOS documents:2014-06-08                    IV fee email received: 2014-06-23 

IV fee available and paid: 2014-06-24       DS260  submitted: 2014-06-26                                   Case Complete: 2014-07-31                                       

Interview: 2014-09-19 APPROVED!!!          Visa in Hand: 2014-09-24 (Loomis depot)                POE (Pac Hwy Crossing, BC) 2014-11-08 

SSN Card arrived (approx) 2014-11-26     Green Card arrived (approx) 2014-12-17 

Removal of Conditions - I-751:

I-751 Mailed (USPS) Aug 10, 2016             NOA: August 17, 2016 (received Aug 23)                  Biometrics Letter Sent: Sept 23, 2016

Biometrics Letter Rec'd: Sept 30, 2016     Walk-In Biometrics Oct 6, 2016                                    Infopass for I-551 stamp Aug 17, 2017   

Service Request: Dec 27, 2017                   SR Response: Jan 10, 2018 (no prediction)              Senator Inquiry: Jan 5, 2018

Senator Resp: Jan 8, 2018 (60 days)         Service Request 2: Mar 8 2018                                   Senator Inquiry 2: Mar 9 2018

SR 2 Response: Mar 12 (security checks) Senator Response 2: Mar 13, 2018                            Approval (via phone!): Mar 14, 2018

New Green Card Arrived: Mar 22, 2018

Naturalization - N-400: 

Submitted N-400 Online: Feb 4, 2018       Denied for Payment Failure: Feb 8, 2018                     Resubmitted N-400 Online Feb 8, 2018

NOA: Feb 8, 2018                                          Biometrics: Feb 26, 2018                                                Interview: Nov 2,2018 (approved)

Oath: Dec 14, 2018

 

Trymester3 Collaborator

Trymester3   6

Posted
Filed: Timeline
  • Author
Posted

I will inform her. She never presented a divorce decree after filing the ROC with a divorce waiver. (Because it has yet to be asked for). Maybe if she takes a copy of the divorce decree with her to the Infopass appointment then that will be good enough instead of an official RFE and she'll be able to get the stamp in the passport anyway.

  • 3 weeks later...
Trymester3 Collaborator

Trymester3   6

Posted
Filed: Timeline
  • Author
Posted

Good morning, it seems nearly impossible to make an appointment via the USCIS website. I've checked probably 30 times over the last 10 days at different times during the day and they never have any appointments available. I will ask my ex-wife to try to call the USCIS and see if she can get in contact with them, but if she doesn't get granted an appointment over the phone and since there doesn't seem to be any online, how would she go about getting the I-551 stamp in her passport?

mindthegap Experienced

mindthegap   2,590

Posted
Filed: Lift. Cond. (pnd) Country: United Kingdom
 Timeline
Posted (edited)

Infopass is the only way.

Federal plaza is one of the most frustrating offices to get an appointment at, and they will not schedule an appointment over the phone, so keep trying 

Edited by mindthegap

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. 

 

 
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