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Hey Everyone,

 

I have a quiet of a story and a mess with the USCIS. I know I'm way beyond DIY case, but I've been hiring lawyers and changing lawyers and that would be my last stop which is VJ. I'm gonna try to make it as much short as I can. Any help would be appreciated.

 

I came to the US in 2011 first time stayed for 3 month and left. I came the second time in march 2012, met my Wife in June of 2012 we dated for couple month and we got married on Oct, 1st 2012. Applied for AOS and got approved on march 22nd 2013. Applied for ROC on march 12 2015 jointly with the help of a lawyer to VSC. In February 2016 when it was pending so long, my lawyer advised me to apply for N400 in Philadelphia local office. I did so, I got NOA for the receipt, Bio appt, then I got another NOA for the interview on 04/29/16 that they will interview me on 06/06/16. I was so confused that I got an interview for the N400 while the i751 still pending. I called my lawyer and he told me that I should take my wife with me cause it might be a combo interview for both cases. Anyways on 06/01/2016 I got a letter in the mail that my interview was cancelled due to unforeseen circumstances, that's when I realized that they made a mistake for scheduling me while the 751 still pending. My wife's sister passed away, she started drinking and basically the marriage fell apart by the end of 2016. We filed for a divorce and the divorce was finalized 02/07/2017. I went back to my lawyer to inform him with the new situation and he advised me to file a new 751 with a waiver. So I did so, and submitted everything that I have up to the point of the separation. This time I was in south Florida which is where I moved after the divorce. The second 751 with the waiver dated 03/31/2017. in October 2017 I moved back to PA so I did the change of address for 3 pending cases ( 2 751's and the N400). Due all that time I was going every year for my stamp. I have total of 4 stamps in my passport. I think that breaks the record. last time I went for the stamp with an info pass, they only gave me 6 month that was back in Oct 2018. He gave me till 04/2019. On 12/02/2018 I got a NOA for an interview notice. As much as I was excited that they finally scheduled me as much as I was disappointed when I checked which case was it and I found it was the First jointly filed 751 which is noway to get approved due to the divorce. The interview is on Monday (01/07/19). I did many service requests, info passes, calls to the 800 number. Every time I would get the same answer. Background check, name check, in the line for an interview, and the stuff that we all know about, but nothing really about my case. I would like to know if anyone is in a similar situation please? Do you guys thing that they would interview me on Monday or not ? I feel like the 2nd 751 when I did the change of address it didn't go through even tho that I got a confirmation letter to the new address when I moved back to PA. I'm only saying that because probably in Philadelphia they don't know anything about the 2nd 751 that's why they scheduled me for the 1st 751. is it normal to have 751 pending for almost 4 years ?

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the only way you will get a straight answer is be prepared with all your papework and go to the interview. You have nothing to loose now. All the moving and change of marital status, has them probably more confused.  IMO....they may have a combo interview and all is done. Good luck.


8/7/2017                    NOA-1

3/1/2018                    NOA-2

3/15/2018                  NVC case received

3/22/2018                  NVC case assigned

3/23/2018                  Consulate ready

4/11/2018                  Medical

4/17/2018                  Visa Approved

4/24/2018                  Visa on hand

5/23/2018                  Point of Entry ATL

5/24/2018                  Marriage license, officiant and certificate / applied for SS#

5/31/2018                  AOS/AP/EAD

6/7/2018                    email notification of NOA-1

6/11/2018                  NOA-1 hard copies for AOS/EAD/AP

6/27/2018                  Biometrics for AOS/EAD

7/7/2018                    ready to be scheduled for interview

7/11/2018                  We are still reviewing your case and there are no updates at this time (email from USCIS)

8/22/2018                  We are still reviewing your case and there are no updates at this time (same email again)

9/5/2018                     We are still reviewing your case and there are no updates at this time (this is getting boring!!!)

10/3/2018                  We are still reviewing your case and there are no updates at this time (this is insanity, 4th time while some got GC)

10/17/2018                After 136 days of wait in HELL, finally EAD in production

10/21/2018                Card was mailed to me, and yes it said so on a Sunday night, while Vj-ing

10/22/2018                Card was picked up by the USPS

10/24/2018                EAD in hand. F%^&& finally

12/28/2018                Interview has been scheduled. Waiting for notification with date by snail mail

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I don't know much about USCIS and its inner workings but a lawyer once told me that there is such a thing called "A file" connected to your A-number. There is only one such physical file that contains everything about your case from the day you entered the usa. So the chances of those two i751 not merged into your file are very slim. One thing you can do is to take the photocopies of your first i751 along with you to the interview. 

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That is what I'm hoping. I've been preparing for over a month. getting everything copied, printing all the bills, texts, photos and etc. I had my attorney sending them an email that we have another 751 with a waiver pending and she sent them the receipt number for it, but she got no reply from them. 

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1 hour ago, MohU3 said:

On 12/02/2018 I got a NOA for an interview notice. As much as I was excited that they finally scheduled me as much as I was disappointed when I checked which case was it and I found it was the First jointly filed 751 which is noway to get approved due to the divorce. The interview is on Monday (01/07/19). 

 

It can still be approved.

At the interview, you need to immediately request that it is switched to a divorce waiver. I would advise you to take any and all evidence of a legitimate marriage that you have from after the original filing date.

Why on earth did your lawyer advise you to file a fresh I-715 with a divorce waiver instead of switching a current one ? Could it be because they charged you a second time to prepare and file it 😶 ?

 

 

2 hours ago, MohU3 said:

I have total of 4 stamps in my passport. I think that breaks the record. 

 

A total of 7 stamps in mine...😐


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

 

I-751 #1- May2015 [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 - Oct 2017 [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 Feb 2018 [Pending] 

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

February 2018: Biometrics completed (walk-in)

Mid - February  2019: N-400 Interview

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20 minutes ago, mindthegap said:

Why on earth did your lawyer advise you to file a fresh I-715 with a divorce waiver instead of switching a current one ?

Pretty much this. You received poor advice from your lawyer here. It is a simple matter to convert a joint filing to a waiver filing. You should not have filed a second I-751.

 

Take your entire slew of documents to this interview. Explain that your misguided lawyer advised you to file a second I-751 and that it's still floating around in the system. They will likely already know this, but there you go. 

 

Last but not least: fire that lawyer. 


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

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Why on earth did your lawyer advise you to file a fresh I-715 with a divorce waiver instead of switching a current one ? Could it be because they charged you a second time to prepare and file it 😶 ?

@mindthegap I've been waiting for your reply. I watched your timeline couple times. I also saw your comments to couple of people before. I think you're in a mess as well. I think you're also right, he just advised me to file a new one to get the charges for a second one to prepare and file it. The funny thing is he retired back in September. I had to switch to a whole new one when I got the interview notice. How do I request it to be switched to a waiver ? Do I have to write a letter or affidavit and get it notarized  and take it with me on Monday ? or Just by orally asking the IO to switch it ? Thanks for your reply and response to my matter.

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20 hours ago, MohU3 said:

Hey Everyone,

 

I have a quiet of a story and a mess with the USCIS. I know I'm way beyond DIY case, but I've been hiring lawyers and changing lawyers and that would be my last stop which is VJ. I'm gonna try to make it as much short as I can. Any help would be appreciated.

 

I came to the US in 2011 first time stayed for 3 month and left. I came the second time in march 2012, met my Wife in June of 2012 we dated for couple month and we got married on Oct, 1st 2012. Applied for AOS and got approved on march 22nd 2013. Applied for ROC on march 12 2015 jointly with the help of a lawyer to VSC. In February 2016 when it was pending so long, my lawyer advised me to apply for N400 in Philadelphia local office. I did so, I got NOA for the receipt, Bio appt, then I got another NOA for the interview on 04/29/16 that they will interview me on 06/06/16. I was so confused that I got an interview for the N400 while the i751 still pending. I called my lawyer and he told me that I should take my wife with me cause it might be a combo interview for both cases. Anyways on 06/01/2016 I got a letter in the mail that my interview was cancelled due to unforeseen circumstances, that's when I realized that they made a mistake for scheduling me while the 751 still pending. My wife's sister passed away, she started drinking and basically the marriage fell apart by the end of 2016. We filed for a divorce and the divorce was finalized 02/07/2017. I went back to my lawyer to inform him with the new situation and he advised me to file a new 751 with a waiver. So I did so, and submitted everything that I have up to the point of the separation. This time I was in south Florida which is where I moved after the divorce. The second 751 with the waiver dated 03/31/2017. in October 2017 I moved back to PA so I did the change of address for 3 pending cases ( 2 751's and the N400). Due all that time I was going every year for my stamp. I have total of 4 stamps in my passport. I think that breaks the record. last time I went for the stamp with an info pass, they only gave me 6 month that was back in Oct 2018. He gave me till 04/2019. On 12/02/2018 I got a NOA for an interview notice. As much as I was excited that they finally scheduled me as much as I was disappointed when I checked which case was it and I found it was the First jointly filed 751 which is noway to get approved due to the divorce. The interview is on Monday (01/07/19). I did many service requests, info passes, calls to the 800 number. Every time I would get the same answer. Background check, name check, in the line for an interview, and the stuff that we all know about, but nothing really about my case. I would like to know if anyone is in a similar situation please? Do you guys thing that they would interview me on Monday or not ? I feel like the 2nd 751 when I did the change of address it didn't go through even tho that I got a confirmation letter to the new address when I moved back to PA. I'm only saying that because probably in Philadelphia they don't know anything about the 2nd 751 that's why they scheduled me for the 1st 751. is it normal to have 751 pending for almost 4 years ?

Well my friend, your case is extremely complicated at this point, you MUST get in contact with an experienced immigration lawyer IMMEDIATELY. I never heard of a lawyer telling their client what to do and having them doing it on their own, they’re supposed to represent you, your job is to come up with all the supporting evidence and THEY present it. Your never supposed to file roc without a lawyer if there was a divorce. I watch an immigration lawyer on fb, give him a call and have a consultation but then again the appointment is tomorrow 🤔 idk call his office and see: Brad Berstein 18005295465

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1 hour ago, Mellamanlola said:

Well my friend, your case is extremely complicated at this point, you MUST get in contact with an experienced immigration lawyer IMMEDIATELY. I never heard of a lawyer telling their client what to do and having them doing it on their own, they’re supposed to represent you, your job is to come up with all the supporting evidence and THEY present it. Your never supposed to file roc without a lawyer if there was a divorce. I watch an immigration lawyer on fb, give him a call and have a consultation but then again the appointment is tomorrow 🤔 idk call his office and see: Brad Berstein 18005295465

Many divorce waivers get approved without an lawyer...

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The good thing for the original poster is that he followed the law and presumably paid for i751 fee twice. There are no inherent illegality in his case except that he got (probably) bad advice from a lawyer which he could clear up at the interview. 

 

Maybe, writing a short cheat-sheet notes on a post-it would be a good idea to stick to your talking points during the interview. 

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Thank you all for taking the time to read my story and replying with the best that you can. I prepped all my documents (evidence) and I have a local lawyer will be going with me and I'll take your advice and ask for a waiver right away. I will keep you updated tomorrow and I will let you know tomorrow when I get back what happened.

 

Thanks to you all.

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8 minutes ago, MohU3 said:

Thank you all for taking the time to read my stor havey and replying with the best that you can. I prepped all my documents (evidence) and I have a local lawyer will be going with me and I'll take your advice and ask for a waiver right away. I will keep you updated tomorrow and I will let you know tomorrow when I get back what happened.

 

Thanks to you all.

Good luck for your interview!!! 

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On 1/5/2019 at 3:01 PM, MohU3 said:

I have total of 4 stamps in my passport. I think that breaks the record. 

5 stamps here, and I'm about to go get #6 in a month. What can we do. 

 

Good luck - make sure you are on the same exact page as your lawyer, and he knows all the details and what you need to ask at the interview. Keeping my fingers crossed for you. 

 

 

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