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ApplyingforN400

Denial of I-751 while abroad

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You gotta be super unlucky if you're on your vacation trip and get denial on your vacation trip. Plus, why would you stay abroad for a super long time when you're changing your status? I mean 2-3 weeks is okay but i don't know man. I really don't see the point of asking this question, consuming all your energy and figuring it out all the possibilities unless you're in it right now.

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8 minutes ago, yippy_j said:

You gotta be super unlucky if you're on your vacation trip and get denial on your vacation trip. Plus, why would you stay abroad for a super long time when you're changing your status? I mean 2-3 weeks is okay but i don't know man. I really don't see the point of asking this question, consuming all your energy and figuring it out all the possibilities unless you're in it right now.

Believe it or not there are about 7 BILLION different walks of life in this world. 

 

Ill give you small run down of my world that is completely different than yours. 

 

Im from Canada and know wealthy people interested in having their footprint in US business, iam working on getting a large investment to my business here in the US, this will require me months back in Canada. While this requires my 120%  attention and focus to pull off, I sit here with half the energy explaining to CBP officers, USCIS officers and forum members what im doing with my life. 

Edited by ApplyingforN400
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2 minutes ago, ApplyingforN400 said:

Believe it or not there are about 7 BILLION different walks of life in this world. 

 

Ill give you small run down of my world that is completely different than yours. 

 

Im from Canada and know wealthy people interested in having their footprint in US business, iam working on getting a large investment to my business here in the US, this will require me months back in Canada. While this requires my 120%  attrntion and focus to pull off, I sit here with half the energy explaining to CBP officers, USCIS officers and forum members what im doing with my life. 

Actually I'm totally getting your anxiety and where you coming from in this thread. I believe you are a December filler so as myself, and just like you ( this I assume) I'm planning international travel for 2 weeks in a matter of a few days. They working on November now so I believe it's still a month away of wait to do before we even can talk approval/rfe/interviews but this wait sometimes drives me nuts and I start overthinking things. My NOA December 10. You think it's ok time to travel or it's better to cancel it all and sit tight for a reasons like you stated at your original post? 

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Immigration to the US are very rough years for a Canadian who wants to be with their spouse. 

 

Canada is not a country that most are just happy to pack and leave forever, matter of fact, besides the relationships with wealthy people, there is a lot more I have there, that once citizenship is done for us I would have to rebuild and properly connect back to my life in US. 

 

This whole, dont leave a country for more than 6 months, deny this deny that is very weird for Some. 

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7 minutes ago, Scazy said:

Actually I'm totally getting your anxiety and where you coming from in this thread. I believe you are a December filler so as myself, and just like you ( this I assume) I'm planning international travel for 2 weeks in a matter of a few days. They working on November now so I believe it's still a month away of wait to do before we even can talk approval/rfe/interviews but this wait sometimes drives me nuts and I start overthinking things. My NOA December 10. You think it's ok time to travel or it's better to cancel it all and sit tight for a reasons like you stated at your original post? 

For me I cant cancel it. Business and personal matters are already scheduled. And I would have to be gone between 1-4 months, even then the time of 4 months is only there because of this process. 

 

When trying to secure an investment in the 7 figures to secure your business for life, you don't want to worry about few months here few months there but here we are such is life. 

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Filed: Citizen (apr) Country: Australia
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7 minutes ago, Scazy said:

Actually I'm totally getting your anxiety and where you coming from in this thread. I believe you are a December filler so as myself, and just like you ( this I assume) I'm planning international travel for 2 weeks in a matter of a few days. They working on November now so I believe it's still a month away of wait to do before we even can talk approval/rfe/interviews but this wait sometimes drives me nuts and I start overthinking things. My NOA December 10. You think it's ok time to travel or it's better to cancel it all and sit tight for a reasons like you stated at your original post? 

If your I-751 is denied, it is because you did not have an on-time, complete package to start with, or, you did not reply in time if you had an RFE.

 

A complete package (I know, who defines "complete"???) will have enough data for an officer to conclude that a marriage is bona fide.

 

If you are missing a key document, you get an RFE (if the mail actually delivers it to you).

 

If you have scanty information about co-mingling of funds, living together, or any other major holes in your documentation, then yes, you risk having an officer conclude that the marriage might be fraudulent and deny the I-751 WITHOUT an RFE or an interview.  Unfortunately, some people from some countries get more scrutiny than others. 

 

Just so you know, getting citizenship in Australia is much harder when it comes to physical residency...

 

Sukie in NY

 

 

Spoiler

 

Spoiler

Our Prior Journey

N-400 Naturalization

18-Feb-2018 - submitted N-400 online, credit card charged

18-Feb-2018 - NOA1

12-Mar-2018 - Biometrics 

18-June-2018 - Notice of interview received

26-July-2018 - Interview  - APPROVED!!!

26-July-2018 - Oath Ceremony Scheduled

17-Aug-2018 - Oath Ceremony

 

 

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5 minutes ago, Sukie said:

If your I-751 is denied, it is because you did not have an on-time, complete package to start with, or, you did not reply in time if you had an RFE.

 

A complete package (I know, who defines "complete"???) will have enough data for an officer to conclude that a marriage is bona fide.

 

If you are missing a key document, you get an RFE (if the mail actually delivers it to you).

 

If you have scanty information about co-mingling of funds, living together, or any other major holes in your documentation, then yes, you risk having an officer conclude that the marriage might be fraudulent and deny the I-751 WITHOUT an RFE or an interview.  Unfortunately, some people from some countries get more scrutiny than others. 

 

Just so you know, getting citizenship in Australia is much harder when it comes to physical residency...

 

Sukie in NY

 

 

 I believe it. And just so we are clear, Im fully with the system, vetting etc. What im not fully with is the the process not running smooth and having grey areas that  can extremely affect people’s lives. 

 

Consuming years out of peoples lives as a “processing delay” is not something im with. I feel its def taking advantage of the least spoken population, thats very fearful of speaking up, while most Americans would go nuts if their starbucks coffee is delayed or wrong. (This is where Americans and even some immigrants will tell me you dont like it, leave haha, to answer that its not just like I actually love my wife :)

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2 hours ago, Sukie said:

A denial notice triggers immediate removal proceedings, meaning that your name/passport is flagged as being in removal.  You ARE allowed a court date, but you must BE IN THE USA already.  If you are overseas, and try to come into the US, you will be denied entry.   There is a space of about 30 days between denial and a court hearing. 

 

Wrong on all counts.

As you know, I have some experience in the area of denial... 

 

 

 

 

 

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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1 minute ago, Roel said:

Try looking at it this way: What's more important to you? Making sure your immigration status in US is alright or your job, investments, etc?  I understand those are both important, but sometimes you gotta pick your priorities.

 

Unless you messed up your paperwork really bad, your RoC won't be denied. If you're worried about it, just update your address. Or sign up for email notifications on those status tracking websites. If you're REALLY worried about it, stay in the country. Or change the address to someone from your family who lives in the US (in case you're afraid the mail won't reach you abroad.)

 

Also, haha, processing delays? Imagine that you're not the only one doing RoC right now - the process is delayed because you have thousands and thousands of people on the same boat with you. And each case has to be reviewed. There is nothing anyone can do about it, so not sure why would you even compare it to delayed Starbucks coffee, lol.

 

 

I would like us to stay on topic of what happens if denied outside the country. 

 

Because outside of that we are just ranting using our view of life etc. 

 

to you it seems like “there is nothing someone can do about it” to me seems like “I gave you $600 you can def have someone look at it within a week of the FBI clearance coming through,  thousands on thousands? Thats $600Ks on $600Ks, the money is there”. 

 

We are not talking about a month delay, we are talking about a whole service center going dark for a whole YEAR and we are not considered humans enough for a memo or a press briefing? Yes its very comparable to starbucks because if the IRS were to just go dark on peoples tax returns for a year, there is not ONE american who will say “there is nothing that can be done about it”. It will be all over the news, with people getting fired, elected officials being asked to resigned or promised to never be voted in again. We dont have to kid ourselves that immigrants are seen as second class citizens, atleast seen as childern who can only be defended by others. 

3 minutes ago, mindthegap said:

 

Wrong on all counts.

As you know, I have some experience in the area of denial... 

 

 

 

 

 

Tell us about your experience if you dont mind. 

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Filed: Citizen (apr) Country: Australia
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3 minutes ago, mindthegap said:

 

Wrong on all counts.

As you know, I have some experience in the area of denial... 

 

 

 

 

 

Oh, Mindthegap, your case was so beaten up from the very beginning.  But you weren't out of the country when you got your denial, were you?

 

Sukie in NY

Spoiler

 

Spoiler

Our Prior Journey

N-400 Naturalization

18-Feb-2018 - submitted N-400 online, credit card charged

18-Feb-2018 - NOA1

12-Mar-2018 - Biometrics 

18-June-2018 - Notice of interview received

26-July-2018 - Interview  - APPROVED!!!

26-July-2018 - Oath Ceremony Scheduled

17-Aug-2018 - Oath Ceremony

 

 

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10 minutes ago, ApplyingforN400 said:

 

to you it seems like “there is nothing someone can do about it” to me seems like “I gave you $600 you can def have someone look at it within a week of the FBI clearance coming through,  thousands on thousands? Thats $600Ks on $600Ks, the money is there”. 

And? There are people in the waiting line in front of you. Your 600$ doesn't matter, since everyone else also paid it. No one will look at your case within a week or so, since there are other cases which were filed before yours.

 

10 minutes ago, ApplyingforN400 said:

 

We are not talking about a month delay, we are talking about a whole service center going dark for a whole YEAR and we are not considered humans enough for a memo or a press briefing?

They didn't go dark. They are working on other cases....  They didn't just randomly shut down. What would you expect them to do? They actually posted memos regarding processing delays, as I recall.

 

10 minutes ago, ApplyingforN400 said:

 It will be all over the news, with people getting fired,

They are doing their jobs. They won't be fired.

 

10 minutes ago, ApplyingforN400 said:

 

We dont have to kid ourselves that immigrants are seen as second class citizens, atleast seen as childern who can only be defended by others. 

I don't even know how to respond to that. Sorry dude, you just have this entitled attitude and you act like you deserve your case to be a priority for some reason. You really need to accept the fact the USCIS is doing their best, but you're not the only one on their mind.  :)

 

10 minutes ago, ApplyingforN400 said:

Tell us about your experience if you dont mind. 

Sure! I filed my RoC last July, still waiting, not making a big deal out of it. :)

 

But back to the topic - like I said before, unless you SERIOUSLY messed up the application your case won't be denied. Change the address on the USCIS website or regularly track the case online so you don't miss the RFE. If you get denied outside of the country, then I guess you'll have to go to the immigration court and defend your case.

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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3 hours ago, mindthegap said:

 

Wrong on all counts.

As you know, I have some experience in the area of denial... 

 

 

 

 

 

Hi, mindthegap! Based on an actual experience, how exactly denial works? What comes first: RFE? Interview? Notice of intent do deny? Or maybe straight up a denial letter? In that case, what happens if a person out if the country?  Would love to hear your input. 

 

 

_______

 

Guys, let's not turn an interesting thread into out of topic philosophy, I know it's very draining to stay in limbo but oh well it's going to be our turn one day! Let's just figure out how to make this process less painful and secure for a time being. 

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Filed: Lift. Cond. (apr) Country: China
Timeline

~~~Closed for review~~~

 

***Multiple posts violating the TOS (personal attacks, abusive language, & language filter evasion) removed as well as bickering posts; Administrative Action taken.  Thread will remain locked to further discussion and it is not to be restarted or referred to elsewhere.***

Edited by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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