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Sam_Son_83

I-751 Waiver Interview

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Hi All,

 

I submitted my application in August of 2016, divorce waiver case. It was a short marriage, my ex-wife was suffering from rather severe mental health issues. As I was a little light on the evidence side (financial commingling), I seemed out the help of an attorney. I think we did a pretty good job at "painting the picture", including a 10+ pages cover letter outlining the relationship from the beginning to the end. I expected to receive an RFE, but now, after more than two years I received an interview notice.

 

I am aware that anyone's guess is as good as mine, but one can imagine that I'm quite nervous about it. After this desasterous marriage I was able to rebuild my life, and just the thought of having to leave it behind is inconceivable - and I am back to ruminating about everything.

 

Could it be interpreted somehow to have not received an RFE but an interview?

 

As I have recently moved (case has been transferred, so it's all good on that front), I'm a bit unsure about taking my lawyer with me to the interview. This would probably mean high expenses for his travel etc. The lawyer wasn't exactly cheap to begin with. So this is something else that is bothering me... Do I need the lawyer? How helpful is it in the big picture?

 

In case the application does get denied, do I lose status on the spot? This would cause a lot of issues, as my current partner which whom I live together can't cohabitate with a person that is out of status, for reasons I'm not going to get into.

 

Any kind of input would be appreciated, as I have again this feeling of being more or less alone with this situation.

 

Thank you!

Edited by Sam_Son_83

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54 minutes ago, Sam_Son_83 said:

Could it be interpreted somehow to have not received an RFE but an interview?

It's basically an automatic interview since you filed with a divorce waiver----so don't stress over being called for an interview as a horribly bad thing right off the bat.

 

54 minutes ago, Sam_Son_83 said:

I'm a bit unsure about taking my lawyer with me to the interview. This would probably mean high expenses for his travel etc. The lawyer wasn't exactly cheap to begin with. So this is something else that is bothering me... Do I need the lawyer? How helpful is it in the big picture?

 

Up to you.  The lawyer at the interview will be there pretty much for moral support only.  A lawyer cannot present evidence/answer on your behalf/elaborate on the answers you give during the interview.  In these situations, lawyers have to pretty much remain silent unless directly spoken to by the IO.  

 

54 minutes ago, Sam_Son_83 said:

In case the application does get denied, do I lose status on the spot? This would cause a lot of issues, as my current partner which whom I live together can't cohabitate with a person that is out of status, for reasons I'm not going to get into.

Worst case scenario:  If the ROC is denied, your status as a LPR is terminated.  Consequently, you are no longer authorized to work. Possibility of later on being issued a NTA (notice to appear) where you would then go before an immigration judge and plead your case against being removed from the country. 

 

Best case scenario:  Your ROC is approved by you showing sufficient evidence of entering the marriage with bonafide intent, and then you can breathe easy for a while. :) 


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

Applied for US Passport - requested Routine/ Regular Service

Oct. 27, 2017 (Day 00) - Submitted Passport Application, filed in person at Post Office

Oct. 30, 2017 (Day 03) - Online tracker shows application has been received and is under processing

Nov. 08, 2017 (Day 12) - Online tracker shows "in final stages" and projected completion time of 11/13/2017

Nov. 09, 2017 (Day 13) - Passport received in the mail.

Nov. 10, 2017 (Day 14) - Naturalization Certificate received back in the mail.

 

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22 hours ago, Sam_Son_83 said:

 

In case the application does get denied, do I lose status on the spot?

No (and I speak as one of the few people on here who has received a denial)

 

 


CR1 / DCF (London): 2012 / 2013 (4.5 months from I-130 petition to visa in hand)

 

I-751 #1 [Denied]

 

Early May 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
May 2015: Notice of receipt/1yr extension received, dated day of receipt. This was forwarded to me outside the US, and no issues re-entering multiple times.
June 2015: Biometrics completed - walk in / argument, stressing proof of imminent travel and multiple prior inconvenient appointments & reschedules.
May 2016: Vermont Service Centre updated to processing May 2015 cases, therefore my case is now classed as outside normal processing time
May 2016: Service request sent (whatever that is) after calling to find out why I am still waiting after 12 months. Unable to tell me anything.
May 2016: Letter received in response, stating processing is on hold due to 'pending security checks' with no other information. Not helpful.
May 2016: (7am) - Infopass appointment for I-551 Stamp in passport.  (8am) - Returned to USCIS office for another I-551 stamp after realizing the dumbass put the expiry stamp as 2015 not 2017. Two entire passport pages wasted. Cheers. 

Oct 2016: Infopass appointment (not at local office). USCIS have sent my file to an overseas office, in a country that neither myself or my spouse have ever resided in. It has sat there untouched for five months. Why? Who knows. Internal query requesting urgent clarification is sent by USCIS officer.  
Oct 2016: An identical 'pending security check'  letter received, addressing precisely none of my or the immigration officers legitimate queries. 
Nov 2016: Infopass appointment: My file is now back in the US and at my local office...no other updates or progress. 
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 - enough is enough. 
May 2017: Yet another infopass. No updates, interview of further progress. Still no response from Congressperson, Senator, or Ombudsman received. 
June 2017: 68 days after contacting them, the Ombudsman finally contacted USCIS. 'It may take up to 60 days to receive a response'.   
July 2017:  A follow up enquiry sent by Ombudsman to USCIS after receiving no response or action after 45 days. I am Jack's complete lack of surprise. 
August 2017: 60 days has come and gone with no response from USCIS. Contacted the Ombudsman who will contact them AGAIN. 
August 2017: Email from Ombudsman - USCIS have scheduled an interview at the very end of August .  
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
September 2017: Now 4 weeks since interview, my file has not moved from the officers desk, and no decision is showing when I call and speak to a Tier 2.  
September 2017: Request filed for Senator assistance (a different senator - maybe I will get a reply & assistance from this one?). 
October 2017: 37 days since interview....and no decision.  W, and indeed, TF is going on???? 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS

I-751 #2 [Pending] 

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.  

October 2017: I-797C Receipt/extension letter received, dated day of receipt at VSC 

October 2017: Another I-551 stamp obtained at infopass appointment, as the extension letter is useless with a 2yr card that expired 2.5yrs ago! 

November 2017: Biometrics completed (early walk-in) 

2018: Re-entered US multiple times with second I-751 extension letter & stamp. Quick trip to secondary required to verify, and stamped in as normal

  

N-400 [Pending] 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February 2018: Biometrics completed (walk-in)

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20 hours ago, mindthegap said:

No (and I speak as one of the few people on here who has received a denial)

 

 

Thank you for the reply. I will dig through your post history for more information.

This is the last piece that still keeps me connected to this very bad place I found myself in with this person and I cannot wait for this to be severed. It wouldn't be quite as stressful if I hadn't rebuilt such a great life for myself and met a wonderful person - which also now feels like it hinges on the approval. Ugh.

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