i751 mess

[Sellamalola 222]

8 hours ago, Stephanillia said:

Many divorce waivers get approved without an lawyer...

Yeah but did you read his case? It seems to have been made more complicated than it should have. He is being summoned for the initial i751. If it would have been submitted after the divorce then he could do it alone but his case seems too complicated now but we can wish him luck at this point. Please let us know how it went @MohU3

[Villanelle 4,121]

2 hours ago, Mellamanlola said:

Yeah but did you read his case? It seems to have been made more complicated than it should have. He is being summoned for the initial i751. If it would have been submitted after the divorce then he could do it alone but his case seems too complicated now but we can wish him luck at this point. Please let us know how it went @MohU3

It seems based on your knowledge/understanding of immigration law his case is too complicated for you to provide a response, that does not mean that everyone on VJ is also unable to answer him or provide the correct advice. Many posted correct information. 

 

And for the record USCIS forms or processes do not ever require an attny. Often it is recommended to get one in complex cases or for court appearances but technically the forms and processes are intended to be used with out having to hire a mandatory attny. Tons of people file waiver ROC on their own, tons of people switch from joint to waiver as well with no attny.

 

While it is not necessary to file a new 751 to switch to a waiver there is nothing stopping someone from filing numerous 751s. Some attnys will gladly file multiple ones (charging for each) even though its not necessary since it is allowed. USCIS will adjudicate the 751s in order received and policy allows the Officer to convert an existing joint to a waiver when appropriate. 

[mindthegap 2,521]

4 hours ago, Mellamanlola said:

Yeah but did you read his case? It seems to have been made more complicated than it should have. He is being summoned for the initial i751. If it would have been submitted after the divorce then he could do it alone but his case seems too complicated now but we can wish him luck at this point. Please let us know how it went @MohU3

It isn't particularly complicated....the original lawyer made it more complicated than it needed to be by the ill advised filing of a fresh I-751 (despite there being no limit on how many can be filed).

 

As many of us know on here, not all lawyers are created equal, and the advice given varies greatly from person to person - you only have to look at lots of the carp that some people on here say they were told by one to see that.

A lawyer can't answer questions for you in an I-751 interview, and they can't speed up the process in any way. The OP should see what is said and what happens tomorrow...

 

[Sellamalola 222]

On 1/7/2019 at 12:46 AM, Damara said:

It seems based on your knowledge/understanding of immigration law his case is too complicated for you to provide a response, that does not mean that everyone on VJ is also unable to answer him or provide the correct advice. Many posted correct information. 

 

And for the record USCIS forms or processes do not ever require an attny. Often it is recommended to get one in complex cases or for court appearances but technically the forms and processes are intended to be used with out having to hire a mandatory attny. Tons of people file waiver ROC on their own, tons of people switch from joint to waiver as well with no attny.

 

While it is not necessary to file a new 751 to switch to a waiver there is nothing stopping someone from filing numerous 751s. Some attnys will gladly file multiple ones (charging for each) even though its not necessary since it is allowed. USCIS will adjudicate the 751s in order received and policy allows the Officer to convert an existing joint to a waiver when appropriate. 

Oh I’m sorry, I didn’t know i had to be an IO to participate in this forum. I thought this was for regular people that were either undergoing or completed x or y immigration case and think they could give their opinion based on their own experience or what they thought could be best. 

To me, a mere MBA in business, not an immigration lawyer by any stretch but someone who has been able to handle all her immigration procedures by herself, simply following instructions, given the fact that this person’s removal of conditions was basically screwed over by their “immigration lawyer”, I recommend he should have a consultation with a good one I know. That’s all. You can most definitely give your own opinion without being snarky or rude just because you think you know so much more. Thanks! 

[Sellamalola 222]

On 1/7/2019 at 2:29 AM, mindthegap said:

It isn't particularly complicated....the original lawyer made it more complicated than it needed to be by the ill advised filing of a fresh I-751 (despite there being no limit on how many can be filed).

 

As many of us know on here, not all lawyers are created equal, and the advice given varies greatly from person to person - you only have to look at lots of the carp that some people on here say they were told by one to see that.

A lawyer can't answer questions for you in an I-751 interview, and they can't speed up the process in any way. The OP should see what is said and what happens tomorrow...

 

I am well aware of some of the things people say their “lawyer” advised or did ending up in denials, RFEs, etc. I also am aware that you don’t need a lawyer for any immigration case unless you have a case that was misfiled or you have a notice to appear or something of the sort, like in my particular case where I’ve always done everything on my own by just following instructions. In any case, his was as simple as any but his low end “lawyer” made it harder than it had to be for him to handle on his own, reason why I recommend a consultation with an experienced immigration lawyer i know that could guide him better than his did. I never heard about retaining a lawyer that would tell you what to do instead of doing it themselves, unless OP was only consulting and not retaining. OP hasn’t told us yet what the outcome to that “rice with mango” was. Hopefully a positive one 🤞🏽🤞🏽🤞🏽

[Stephanillia 30]

On 1/6/2019 at 4:19 PM, MohU3 said:

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.

How was your interview? 

Keep us updated please! 

 

[MohU3 57]

Alright guys. sorry for the late update, but I came back yesterday and slept the whole day, since I didn't sleep the night before at all.

 

I walked in to the USCIS, the security guy checked my appointment notice and ID and said to check in at window 1. I walked to Window 1 with the lawyer and we handed in the notice and she was looking the appointment up and came back to us and said there's no appointment. I said sorry what ? You mean I made the notice up ? she said all the appointments today for 485 no interviews for 751 in the system. I started to get nervous. the girl said leave me the notice ill make some digging around. 10 mins later she came back to me and said I found it. It was a special appointment not in the system. the lawyer asked who is the IO conducting the interview she said officer G. Abraham. the lawyer asked if he was running on time or not. the girl said that she didn't even see him today at all probably he's coming only for this interview. This is when my heart start racing so hard that I could hear him with my ears. I looked at the lawyer and said that wasn't a good start. she tried to make me feel better and said that if we get denied I have a much better chance at the immigration court. I said that doesn't help. anyways I started to get myself together. 15 mins later I was called by the IO. I walked into the room. The IO started with this is only a 751 interview no N400 at this point. I smiled to him and I said let's do it. the lawyer asked that we have two 751, the first one is joint and the second one is waiver solo so she asked him either to switch the first one or to conduct the interview for the second one as it is waiver. He said yea I know I have all the cases in front of me. Would you like to withdraw the first one and conduct the interview for the second one ? She said yea. so He gave her the paper to write that down and made me sign it. so we started the interview with how long have we been married, I said 4 and half years. he asked for my address currently  I told him. 3rd question was about my brother and where he lives (FYI my brother has an I130 pending since 2015) so the lawyer asked him how is the relevant to the 751 he said did you have time to review the case she said yea he said Im reviewing the case now it's my time and my interview. he said this is a big case and there's allegations and investigations by HS on him and his brother. I said its okay I figured when the 751 got pending for 4 years. so I answered the questions about my brother. He was run and tough. He pretty much asked about everything. where we lived, addresses and dates, her parents names and where they live to the best of knowledge. He asked me if I'm currently married I said yes, asked about her name and if she lives with me or not. He asked me about some charges from 2017 and what was the outcome of them. I said dismissed and showed him the paper work and took copies of it. He came back to my brother again and the lawyer got mad and asked him if there's any intention for adjudicating the 751 or where just here so you can grill him alive into mistakes, she said because this is not a 751 interview ? He said listen this is a big case and this is my interview. There's no IO comes into an interview with the intend to deny. She said look at the evidence and the papers he submitting, He said in a normal case that what I would be doing but this is not a normal case and if you don't like it perhaps you shouldn't have taken the case from the beginning. At this point, I lost hope. My heart stopped racing. at this point I didn't have anything to lose. so he would ask the question and I would give more details than he wants to get him lost. I showed him everything I had. the leases, insurances, on top of the normal list, I showed him texts between us since 2013 I printed from my phone, FB posts from me, her, and her mom. he asked for her mom's name I gave him her name and her maiden name. I showed him over 100 picture that he asked about 70 of them. he asked where was the picture taken and who was in the picture beside us. He kept some texts randomly and he kept some pictures randomly in the file. He ended the interview with a picture taken from me and fingerprints take for some reason IDK why. at the end he apologized to me and to the lawyer for the way the interview went. He explained to me that they had tips from a female that called them couple times on me. They thought it was my ex-wife in the beginning that's why everything went south ways for me and that he was just doing his job. I told him that I understand and appreciate him telling me that. I said I really don't care what happened all I care about is that I'm here now and I've waited for that day for 4 years so please let me clarify anything dirty on me or in my file. he said that he got everything that he needed and that he was satisfied at this point. he's gonna review the whole file again and will make a decision and mail it to me. then he started asking about the tips and who do I think that made them. I said I really don't know and have no idea. He said why would someone do that to you I said I guess it's a bad luck or whatever you wanna call it. I said being an immigrant is not easy, while you walk around anyone, if you piss off someone that would be the first threat that you get " I'm gonna report you to the Immigration" He said it's not true. I said I'm not saying that this happened with everyone or everywhere. I'm saying that happened to me and to people around me. I said I'm a regular guy not everyone likes me and not everyone hates me. It just depends on the person and how far he wanna take it. and I believe that what happened to me I believe I pissed off someone back in 2014 or 2015 and this is what happened. He ended the interview and shaked my hands and I left. I had a small conversation with the lawyer. She said you did good and I think we're good and I think they gonna mail you something next week or the week after. She said that she was sorry for the intervention and getting him mad but if I didn't stop him he would take that road deeper. that concluded my interview and my experience for yesterday. Thanks for all the support guys.

[Hypnos 6,576]

Sounds like that lawyer went to bat for you and it was a wise decision to take them with you. 

[Sellamalola 222]

On 1/8/2019 at 10:51 AM, MohU3 said:

Alright guys. sorry for the late update, but I came back yesterday and slept the whole day, since I didn't sleep the night before at all.

 

I walked in to the USCIS, the security guy checked my appointment notice and ID and said to check in at window 1. I walked to Window 1 with the lawyer and we handed in the notice and she was looking the appointment up and came back to us and said there's no appointment. I said sorry what ? You mean I made the notice up ? she said all the appointments today for 485 no interviews for 751 in the system. I started to get nervous. the girl said leave me the notice ill make some digging around. 10 mins later she came back to me and said I found it. It was a special appointment not in the system. the lawyer asked who is the IO conducting the interview she said officer G. Abraham. the lawyer asked if he was running on time or not. the girl said that she didn't even see him today at all probably he's coming only for this interview. This is when my heart start racing so hard that I could hear him with my ears. I looked at the lawyer and said that wasn't a good start. she tried to make me feel better and said that if we get denied I have a much better chance at the immigration court. I said that doesn't help. anyways I started to get myself together. 15 mins later I was called by the IO. I walked into the room. The IO started with this is only a 751 interview no N400 at this point. I smiled to him and I said let's do it. the lawyer asked that we have two 751, the first one is joint and the second one is waiver solo so she asked him either to switch the first one or to conduct the interview for the second one as it is waiver. He said yea I know I have all the cases in front of me. Would you like to withdraw the first one and conduct the interview for the second one ? She said yea. so He gave her the paper to write that down and made me sign it. so we started the interview with how long have we been married, I said 4 and half years. he asked for my address currently  I told him. 3rd question was about my brother and where he lives (FYI my brother has an I130 pending since 2015) so the lawyer asked him how is the relevant to the 751 he said did you have time to review the case she said yea he said Im reviewing the case now it's my time and my interview. he said this is a big case and there's allegations and investigations by HS on him and his brother. I said its okay I figured when the 751 got pending for 4 years. so I answered the questions about my brother. He was run and tough. He pretty much asked about everything. where we lived, addresses and dates, her parents names and where they live to the best of knowledge. He asked me if I'm currently married I said yes, asked about her name and if she lives with me or not. He asked me about some charges from 2017 and what was the outcome of them. I said dismissed and showed him the paper work and took copies of it. He came back to my brother again and the lawyer got mad and asked him if there's any intention for adjudicating the 751 or where just here so you can grill him alive into mistakes, she said because this is not a 751 interview ? He said listen this is a big case and this is my interview. There's no IO comes into an interview with the intend to deny. She said look at the evidence and the papers he submitting, He said in a normal case that what I would be doing but this is not a normal case and if you don't like it perhaps you shouldn't have taken the case from the beginning. At this point, I lost hope. My heart stopped racing. at this point I didn't have anything to lose. so he would ask the question and I would give more details than he wants to get him lost. I showed him everything I had. the leases, insurances, on top of the normal list, I showed him texts between us since 2013 I printed from my phone, FB posts from me, her, and her mom. he asked for her mom's name I gave him her name and her maiden name. I showed him over 100 picture that he asked about 70 of them. he asked where was the picture taken and who was in the picture beside us. He kept some texts randomly and he kept some pictures randomly in the file. He ended the interview with a picture taken from me and fingerprints take for some reason IDK why. at the end he apologized to me and to the lawyer for the way the interview went. He explained to me that they had tips from a female that called them couple times on me. They thought it was my ex-wife in the beginning that's why everything went south ways for me and that he was just doing his job. I told him that I understand and appreciate him telling me that. I said I really don't care what happened all I care about is that I'm here now and I've waited for that day for 4 years so please let me clarify anything dirty on me or in my file. he said that he got everything that he needed and that he was satisfied at this point. he's gonna review the whole file again and will make a decision and mail it to me. then he started asking about the tips and who do I think that made them. I said I really don't know and have no idea. He said why would someone do that to you I said I guess it's a bad luck or whatever you wanna call it. I said being an immigrant is not easy, while you walk around anyone, if you piss off someone that would be the first threat that you get " I'm gonna report you to the Immigration" He said it's not true. I said I'm not saying that this happened with everyone or everywhere. I'm saying that happened to me and to people around me. I said I'm a regular guy not everyone likes me and not everyone hates me. It just depends on the person and how far he wanna take it. and I believe that what happened to me I believe I pissed off someone back in 2014 or 2015 and this is what happened. He ended the interview and shaked my hands and I left. I had a small conversation with the lawyer. She said you did good and I think we're good and I think they gonna mail you something next week or the week after. She said that she was sorry for the intervention and getting him mad but if I didn't stop him he would take that road deeper. that concluded my interview and my experience for yesterday. Thanks for all the support guys.

Wow 😮 you’re a true champion sir! You and your lawyer handled that so well given the circumstances cause it seems it was a lot of pressure to take from the IO!! Fingers crossed so that your ROC is approved cause you deserve it just for the simple fact of waiting 4 years for this!!! Good luck 🍀👍🏽 

[MohU3 57]

Hey guys,

 

So Yesterday I got the approval notice in the mail. I also got a notifications about my N400 that it's being scheduled for an interview but I don't have a date yet. The only thing is that when I applied for the N400 3 years ago I was still married and under the 3 year rule. Now my eligibility would be the 5 year rule. Can I change my eligibility in the same application from 3 years ago or I would have to apply a new case ?

[Hypnos 6,576]

I don't believe there's any provision to be able to change from a 3 year to a 5 year application mid-process. 

 

Your N-400 will likely be denied since you are no longer married to a US citizen.