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new yorker87

Nasty divorce (split)

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On 1/12/2019 at 6:28 AM, mindthegap said:

 

Well, I have a denied I-751 solely on the basis of a false allegation made to USCIS by my ex-spouse after we were separated, but before divorce proceedings were commenced, so make of that what you will...

Hi mindgap , 

 I have a quick query if you can please answer, I would be very grateful-  was your denial just solely on basis of written false affidavit by your ex spouse or there were some substantial proof's also which your ex used against you . I am in similar situation as my divorce was nasty one. 

2nd one- Is there any legal way to find out the fraud complaint written by ex  ( like filing freedom of information request FOIA) ? So that  I can be better prepared for the interview. 

 

Thanks 

Will really appreciate your help.

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55 minutes ago, new yorker87 said:

was your denial just solely on basis of written false affidavit by your ex spouse 

Yes.

 

55 minutes ago, new yorker87 said:

or there were some substantial proof's also which your ex used against you .

No. It was entirely false, so there cannot be any evidence.

 

55 minutes ago, new yorker87 said:

Is there any legal way to find out the fraud complaint written by ex  ( like filing freedom of information request FOIA) ? So that  I can be better prepared for the interview. 

 

I had the same thought. Once my N-400 is approved and have taken my oath, I will then will immediately be filing a FOIA request for everything, so I can find out exactly what was said by my batguano crazy ex-spouse. I don't intend to rock the boat or stir up anything until then. However, should something go wrong, or there is another delay or some issue or whatever, then I will file it at that point.

Unfortunately I fully expect any allegations and that part to be heavily, if not totally redacted.

 

 

 

Do note that I specifically asked at I-751 interview if my ex spouse had contacted or been contacted by USCIS and was told no - which was a flat out lie by the interviewer. The first I heard of any allegation(s) was in the denial letter - and it didn't actually tell me anything really. In hindsight a couple of the questions in the interview were very specific to the exact reason given for denial based on the allegation, so the interviewer definitely knew, and lied.

Crazy, and a total breach of their own policies.

 

 

 

 

Edited by mindthegap

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 - unable to conduct, as pending I-751 was still in Vermont, despite case transfer notice having been received.

 

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48 minutes ago, mindthegap said:

Unfortunately I fully expect any allegations and that part to be heavily, if not totally redacted.

I was about to say this---probably to "protect her privacy" as the reason.  

 

I would be surprised if they released anything at all in regards to her claims against you, other than they "received documentation/sworn statement" or something to that effect...

 

I would file the FOIA anyhow...I've been thinking about filing one myself, only out of curiosity as to notes that were written along the way in regards to certain things about my case.

Edited by Going through

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

 

 

 

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