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PKKR

I 751 Approval after annulment.

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Hi Y'all, I'm really Panicking as I got my annulment after 14  months of marriage from nevada. Couple of lawyers told me not to worry but couple of em told me it's not possible as annulment meant that marriage never existed & it's not possible to remove condition. Please help me!! 

Can I get Green card condition removed/ i751 approved with USC as a fraud party on an annulment decree?

I've other bonafied evidences i.e pics/ tax return etc. USC spouse filed an answer confessing fraud to the court based on my complaint i.e. misrepresentation to have kids.

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Annulment on what grounds? Fraud by the immigrant?

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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Why wouldn't you divorce and stay on secure legal ground? Why go for an annulment? It's very, very rare and I've never seen it been done after such a long period of time or for no longer wanting to have kids.

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2 minutes ago, GreatDane said:

Why wouldn't you divorce and stay on secure legal ground? Why go for an annulment? It's very, very rare and I've never seen it been done after such a long period of time or for no longer wanting to have kids.

I appreciate your quick response but there's no returning back as i already have a decree and annulment is already granted by judge in court as a us citizen committing fraud by lying to an immigrant.

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6 minutes ago, PKKR said:

not keeping promise for having child. Fraud by us citizen spouse.

Is this even a ground for annulment? 

 

Just wondering why people want to make their life unnecessarily complex these days? A simple divorce would have been way too easy to deal. If you would take my advice, seek advise of a qualified attorney and have attorney represent you

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1 minute ago, PKKR said:

I appreciate your quick response but there's no returning back as i already have a decree and annulment is already granted by judge in court as a us citizen committing fraud by lying to an immigrant.

From a legal perspective, this doesn't cover you as well as a divorce. USCIS will require you to file with a waiver, prove that it was a bonafide marriage, and terminated. The strange part with the annulment is that you're saying it wasn't bonafide at the start. It's a catch 22. 

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3 minutes ago, old-fella said:

Is this even a ground for annulment? 

 

Just wondering why people want to make their life unnecessarily complex these days? A simple divorce would have been way too easy to deal. If you would take my advice, seek advise of a qualified attorney and have attorney represent you

Apparently in Nevada there's grounds for 'dishonesty' that's pretty general and nondescript. I've never heard of it before.

A simple divorce affords you protections and division of assets, an annulment gets you nothing and into slightly grey territory.

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Filed: Citizen (apr) Country: Taiwan
Timeline
23 minutes ago, PKKR said:

USC spouse filed an answer confessing fraud to the court based on my complaint i.e. misrepresentation to have kids.

Are you serious?   

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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1 minute ago, GreatDane said:

From a legal perspective, this doesn't cover you as well as a divorce. USCIS will require you to file with a waiver, prove that it was a bonafide marriage, and terminated. The strange part with the annulment is that you're saying it wasn't bonafide at the start. It's a catch 22. 

It's of course bonafide. Couple of lawyers told me annulment means marriage never existed so you can't claim to remove condition. I do have all lease, pic, joint insurance etc etc..

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Filed: Citizen (apr) Country: Taiwan
Timeline
Just now, PKKR said:

It's of course bonafide. Couple of lawyers told me annulment means marriage never existed so you can't claim to remove condition. I do have all lease, pic, joint insurance etc etc..

They might very well be correct.  How can you say you entered into a marriage which didn't take place???? 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: Citizen (apr) Country: Indonesia
Timeline

Assuming you want to keep your GC, it sounds like your only option is to file the I-751 with a divorce waiver, include the annulment paperwork, and hope for the best. I don't know what else you could do.

 

Sounds like you're in a bit of a bind, and I wouldn't be surprised if you were denied... I'm not an attorney though, so my opinion isn't exactly informed. 

Removing Conditions Timeline

Aug. 10, '17: Mailed in I-751

Aug. 21, '17: NOA1

October 23, '18: NOA2- approval

October 30, 18: 10-year GC received

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