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Trueblue08

Should I hire a lawyer and my 2nd anniversary of GC is in 2 months should I panic?

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I think our case is straightforward, where I can file it by myself. But somewhere I read I should consult a lawyer. Me and my wife have been married 1 month less than 3 years, and we are expecting a kid in few months. However, due to jobs in different cities, we were living apart on the weekdays for 11 months. We would visit each other every weekend,  in these last 11 months with maybe 3 or 4 weekends as an exception. In these last 11 months, we had two places in two different cities and we both were enlisted in the lease at both the places. Anyways, now she is finally approved to work from home, and we have been living for the past couple of weeks at the same resident. Do you guys think my case is complex enough where I should consult a lawyer? And if so, am I too late as I have only 2 months left before my GC expires. 

 

Also, when I moved I didnt update the AR-11 Alien's Change of Address Card as I wasn't aware of it at all. I just updated it to our new address this morning. I am freaking out, and would really appreciate anyone's input on this situation. 

 

 

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Filed: K-1 Visa Country:
Timeline

You don’t need a lawyer. Don’t waste your money. File ASAP because you are already past the time, you should have filed 90 days before it expires so you will definitely encounter major delays and a gap without GC. File for an extension letter as well because you’re late with filing so your new GC won’t arrive before the current one expires. You can update address on USCIS website. Easy and simple. 

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Ignore the above- you are not late in filing.

As long as a joint I-751 is received at some point in the filing window, which for a joint filing is between 90 days before expiry, and the expiry date itself, you are fine. There is no chance that you would receive your ten year card in 90 days - try around 16 months as average processing time, so when you file in that window won’t make too much of a difference. 

 

The 18month extension letter is issued automatically when received and processed.

 

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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Filed: Citizen (apr) Country: Brazil
Timeline

BEFORE I respond to your question, I wanted to make sure you knew that @TNJ17 was a little off base when they said you are late in filing for ROC. You can do that any time during the 90 days before the conditional 2-year green card expires. Filing for ROC will generate a letter that extends your legal status beyond the date listed on your green card.

 

As for your initial question, whether or not to hire a lawyer is a very personal decision. If you feel able to explain and document how you are living as a married couple (i.e. financial commingling) eventhough you maintained 2 residences for much of the past year, then I think you can file yourself.  

 

We used a lawyer for AOS but not for ROC. During the wait I wondered if that was the right decision, but we had the truth and evidence to prove everything so it ended up fine (even after an RFE).

 

Best wishes! 

07/31/05 First met in Ft Lauderdale

06/26/13 DOMA overturned

07/16/13 Married in Rockville, Maryland

08/22/13 Day 0 Mailed AOS Package to Chicago Lockbox (I-130, I-485, I-765)

11/20/13 Day 90 AOS Interview completed - Approved!

09/01/15 Day 740 I-751 Mailed ROC packet to California Service Center

04/08/16 Day 960 I-751 RFE received - need to provide more evidence of financial commingling

05/03/16 Day 985 RFE response sent

06/07/16 Day 1020 I-751 approval notice received

06/16/16 Day 1029 10-year greencard received

11/16/16 Day 1182 Mailed N-400 citizenship application

08/21/17 Day 1460 Received alert that naturalization interview was scheduled

09/28/17 Day 1498 N-400 interview completed - Approved!

10/20/17 Day 1520 Oath ceremony finished - now a US Citizen

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@Trueblue08 first of all, take it easy. It's best to be level-headed. Like everyone else says, you are still within the time frame to apply. Read the instructions on how to file. Do your research on how to submit a strong case. Good luck.

**N-400** 06-27-2018 : N-400 online & NOA1 || 07-07-18 : received Bio Appt e-mail notification || 07-27-18 : Biometrics reviewed || 09-25-18 : OFFICIAL 3 YEAR ANNIVERSARY || 11-06-18 : Interview 

|| 12-18-2018 : APPROVED; in line to be scheduled for Oathtaking || 02-11-19 : OATHTAKING CEREMONY --

**ROC** (pending)  07-26-2017 : I-751 sent || 07-31-2017 : NOA1 || 09-05-2017 : Biometrics || 08-09-2018 : Case transferred to local office || 12-18-2018 : Card in production || 12-26-18 : received GC --

**AOS/EAD/AP** 02-20-2015 : AOS filed || 02-24-2015 : NOA1 || 03-19-2015 : Biometrics || 04-30-2015 : EAD&AP approved || 05-05-2015 : EAD&AP received || 09-25-2015 : Conditional GC approved || 10-02-2015 : GC received --

**K-1** 08-12-2014 : I-129F Sent || 08-14-2014 : NOA1 || 09-03-2014 : NOA2 || 09-10-2014 : Petition transferred from USCIS to NVC || 09-18-2014 : NVC received || 09-24-2014 : US Embassy MNL received our case || 10-14-2014 : Medical Exam done! || 10-23-2014 : Interview || 10-31-2014 : Passport & Visa on hand --

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