Jump to content
shynepapin

I-864 Withdrawal Letter Sent, Pending I-751 and Divorce

 Share

48 posts in this topic

Recommended Posts

Hey guys, Just an update, I recently got this and from what it says they did throw out my petition to remove conditions, because she is the petitioner and from the looks of that my extension letter based off of this case hereby becomes invalid and right I don't know if I need tonreach out to them to switch to a single petition to remove conditions based of pending divorce or file a different application.

20190303_164459.jpg

Link to comment
Share on other sites

I'm a bit surprised they withdrew the joint petition upon request from only 1 individual, but that is what they did.

 

The options now are to either challenge their action (not recommended unless you have money to burn fighting it in court), or filing  a new I-751 with a divorce waiver. Also include a letter explaining the late filing (e.g. An initial petition was filed under receipt #XXXXXXX but withdrawn by my spouse/former spouse as a joint petitioner).

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Link to comment
Share on other sites

 

 

53 minutes ago, shynepapin said:

Hey guys, Just an update, I recently got this and from what it says they did throw out my petition to remove conditions, because she is the petitioner and from the looks of that my extension letter based off of this case hereby becomes invalid and right I don't know if I need tonreach out to them to switch to a single petition to remove conditions based of pending divorce or file a different application.

Your original post said she wanted to withdraw the I-864 - which as we all pointed out, she can't do. Unfortunately, what she has done is withdraw her joint-ness from the jointly filed I-751, which she can do. She also is probably under the mistaken belief that she is now released from the I-864, which is not the case.

 

This is similar enough to my past circumstances to recommend what you should do. 

 

File a new I-751 with a divorce waiver immediately. Like, get it sent by fedex tomorrow morning.

By doing that, you will get a new receipt number, and new extension letter, and a new biometrics appointment. You are then free to travel, have proof of status, get a stamp etc.

All previous evidence sent will still be in your file, so will be referenced with the new one, so you do not need to include all the evidence again. Just get it in ASAP, and if you haven't filed for divorce, then do so immediately, as it cannot be approved without that and sooner or later they will RFE you for a final divorce decree.

 

If you DON'T file a new 751 pretty quickly, you will get an NTA at some point - this may be quickly or may take years, but it will happen. By filing a new 751 quick enough now, you will avoid this happening. Note that even if you do get an NTA, you can still file a 751 at a later date (at any point really) but by filing it up front you are avoiding extra unnecessary steps and hassle.

 

15 minutes ago, geowrian said:

I'm a bit surprised they withdrew the joint petition upon request from only 1 individual, but that is what they did.

It is permitted - as it is a joint filing, as I know only too well.

There lie the dangers of keeping an un co-operative or malicious spouse on a joint 751 petition instead of switching to a divorce waiver.

 

15 minutes ago, geowrian said:

Also include a letter explaining the late filing (e.g. An initial petition was filed under receipt #XXXXXXX but withdrawn by my spouse/former spouse as a joint petitioner).

Not necessary with a solo filing.

Edited by mindthegap
fast typing = typos

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. 

 

Link to comment
Share on other sites

11 minutes ago, mindthegap said:

 

 

Your original post said she wanted to withdraw the I-864 - which as we all pointed out, she can't do. Unfortunately, what she has done is withdraw her joint-ness from the jointly filed I-751, which she can do. She also is probably under the mistaken belief that she is now released from the I-864, which is not the case.

 

This is similar enough to my past circumstances to recommend what you should do. 

 

File a new I-751 with a divorce waiver immediately. Like, get it sent by fedex tomorrow morning.

By doing that, you will get a new receipt number, and new extension letter, and a new biometrics appointment. You are then free to travel, have proof of status, get a stamp etc.

All previous evidence sent will still be in your file, so will be referenced with the new one, so you do not need to include all the evidence again. Just get it in ASAP, and if you haven't filed for divorce, then do so immediately, as it cannot be approved without that and sooner or later they will RFE you for a final divorce decree.

 

If you DON'T file a new 751 pretty quickly, you will get an NTA at some point - this may be quickly or may take years, but it will happen. By filing a new 751 quick enough now, you will avoid this happening. Note that even if you do get an NTA, you can still file a 751 at a later date (at any point really) but by filing it up front you are avoiding extra unnecessary steps and hassle.

 

It is permitted - as it is a joint filing, as I know only too well.

There lie the dangers of keeping an un co-operative or malicious spouse on a joint 751 petition instead of switching to a divorce waiver.

 

Not necessary with a solo filing.

First and foremost, I will like to thank you so much for your time and also taking my case seriously. I know that is what VJ is for but your timely responses have been more than encouraging and gives me hope.

 

I'm planning on visiting the court tomorrow to have the divorce filing initiated and see if they can give me a proof or receipt.

 

Also, I know I do have to submit a new i-751 petition as it's deemed necessary, but like you said I should try and send it ASAP. 

 

Question is should I do that even before I get the time to visit the courthouse? 

 

I'm almost at a point where this is crushing me and my hopes in life, cost me half a point at work and a verbal warning because the spouse had to get into it with me at home just because I asked for the copies of correspondence she had with USCIS.

 

Why, because I asked her why she withdraw the case rather than her withdrawing herself, co-sponsorship based on i-864, like she told me. Her response was that she followed what she was told and found on the internet.

 

She's asking for funds to file divorce, but I know for me I'm going to do that without her funding half of it or anything like it has been throughout the immigration process. 

 

I want to avoid an NTA, so I know I have to file immediately but do I include evidences or just submit the application form, attach a copy of the case withdrawal notice for the previous application. What do I include, don't know anyone who has gone through this as they can guide me, hence why for everything thing I have always turned to VJ and VJers for help.

 

Link to comment
Share on other sites

24 minutes ago, shynepapin said:

Question is should I do that even before I get the time to visit the courthouse? 

The order shouldn't matter.

 

24 minutes ago, shynepapin said:

I'm almost at a point where this is crushing me and my hopes in life,

Yep, it does that. Many here have been there, myself included, to a ridiculous extent.

Just be assured that you ARE a permanent resident, and you remain one, with rights. An angry/bitter/whatever US citizen spouse cannot just send someone back like an unwanted amazon package.

 

24 minutes ago, shynepapin said:

Why, because I asked her why she withdraw the case rather than her withdrawing herself, co-sponsorship based on i-864, like she told me. Her response was that she followed what she was told and found on the internet.

She probably found this thread with her googling 😐 🤭 (hi if you are reading 👋 )

 

24 minutes ago, shynepapin said:

She's asking for funds to file divorce

She probably doesn't think you will do it yourself..

 

24 minutes ago, shynepapin said:

I want to avoid an NTA, so I know I have to file immediately but do I include evidences or just submit the application form, attach a copy of the case withdrawal notice for the previous application. What do I include, don't know anyone who has gone through this as they can guide me, hence why for everything thing I have always turned to VJ and VJers for help.

 

 

Well, I have been through this (and still am..)

I received a denial on grounds related to your letter after joint filing....so refiled with the divorce waiver box ticked, enclosed a copy of divorce decree (even though they already had it) and put some brief pieces of additional evidence in that hadn't previously been submitted, but I put in my brief cover letter, that all prior evidence from the previous filings was to be used with this filing, as is standard procedure in USCIS policy with multiple or subsequent I-751 adjudication.

 

Btw, what was the date on your letter? My understanding is that you have a certain period of time in which if you refile, it avoids it getting sent to the dept that then processes and subsequently issues an NTA, hence why I had my fresh one back with them in just a couple of days.

Note that even with an NTA or even when in court, you can still file a waiver 751 at any time, but you still have the underlying NTA or court proceedings to deal with, so it is just an extra layer of hassle that should be avoided if at all possible.

 

Could you post up the entire letter you received? (with private details redacted of course).

 

 

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. 

 

Link to comment
Share on other sites

6 minutes ago, mindthegap said:

The order shouldn't matter.

 

Yep, it does that. Many here have been there, myself included, to a ridiculous extent.

Just be assured that you ARE a permanent resident, and you remain one, with rights. An angry/bitter/whatever US citizen spouse cannot just send someone back like an unwanted amazon package.

 

She probably found this thread with her googling 😐 🤭 (hi if you are reading 👋 )

 

She probably doesn't think you will do it yourself..

 

 

Well, I have been through this (and still am..)

I received a denial on grounds related to your letter after joint filing....so refiled with the divorce waiver box ticked, enclosed a copy of divorce decree (even though they already had it) and put some brief pieces of additional evidence in that hadn't previously been submitted, but I put in my brief cover letter, that all prior evidence from the previous filings was to be used with this filing, as is standard procedure in USCIS policy with multiple or subsequent I-751 adjudication.

 

Btw, what was the date on your letter? My understanding is that you have a certain period of time in which if you refile, it avoids it getting sent to the dept that then processes and subsequently issues an NTA, hence why I had my fresh one back with them in just a couple of days.

Note that even with an NTA or even when in court, you can still file a waiver 751 at any time, but you still have the underlying NTA or court proceedings to deal with, so it is just an extra layer of hassle that should be avoided if at all possible.

 

Could you post up the entire letter you received? (with private details redacted of course).

 

 

That is the entire letter leaving out the address box that had my personal details. But as for the date, I can't remember and I'm not at home right now to go look at the letter, but I received the letter in the mailbox on Friday, 03-01-19. 

 

What is the period of time that you are aware of, now this puts the works in my spanner, hope I said that right. 

Link to comment
Share on other sites

12 hours ago, mindthegap said:

The order shouldn't matter.

 

Yep, it does that. Many here have been there, myself included, to a ridiculous extent.

Just be assured that you ARE a permanent resident, and you remain one, with rights. An angry/bitter/whatever US citizen spouse cannot just send someone back like an unwanted amazon package.

 

She probably found this thread with her googling 😐 🤭 (hi if you are reading 👋 )

 

She probably doesn't think you will do it yourself..

 

 

Well, I have been through this (and still am..)

I received a denial on grounds related to your letter after joint filing....so refiled with the divorce waiver box ticked, enclosed a copy of divorce decree (even though they already had it) and put some brief pieces of additional evidence in that hadn't previously been submitted, but I put in my brief cover letter, that all prior evidence from the previous filings was to be used with this filing, as is standard procedure in USCIS policy with multiple or subsequent I-751 adjudication.

 

Btw, what was the date on your letter? My understanding is that you have a certain period of time in which if you refile, it avoids it getting sent to the dept that then processes and subsequently issues an NTA, hence why I had my fresh one back with them in just a couple of days.

Note that even with an NTA or even when in court, you can still file a waiver 751 at any time, but you still have the underlying NTA or court proceedings to deal with, so it is just an extra layer of hassle that should be avoided if at all possible.

 

Could you post up the entire letter you received? (with private details redacted of course).

 

 

Here's the entire letter. I hope this helps other people, having a U.S spouse who is never interested or learning about immigration processes, the details and possible results, other than window shopping for ideas on Google and friends who possibly only have the fainted of clues or get their information from Google as well.

rsz_2600.jpg

Edited by shynepapin
Error document uploaded
Link to comment
Share on other sites

19 minutes ago, shynepapin said:

Here's the entire letter. I hope this helps other people, having a U.S spouse who is never interested or learning about immigration processes, the details and possible results, other than window shopping for ideas on Google and friends who possibly only have the fainted of clues or get their information from Google as well.

rsz_2600.jpg



Honestly she learned more than most USC spouses trying to get rid of their GC holder spouses. Most of them don't rescind their support for the I-751 because they don't know they can.

I would still refile, with a copy of that letter, and a divorce waiver, all of your prior proof and any extra proof that you may have made. The ROC won't be completed without the divorce decree, but depending on what state your in that can take months to longer, so you need to get the ball rolling -NOW-.

*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

 K-1:   2015 Done in 208 days - 212g for Second Cosponsor    

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              

                                         
 AOS:   2016 Done in 77 days - No RFE, No Interview                                                                    

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 


ROC:   2018 - 2019 Done in 326 days - No RFE, No Interview

Spoiler

 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension received (Courtesy Copy)

09/18/18 - Request for official 18 month extension
10/22/18 - Official 18 month extension received 

02/27/19 - Biometrics waived 

04/29/19 - New card being produced!
05/09/19 - USPS delivered green card! In hand now!

 

Link to comment
Share on other sites

1 hour ago, Ash.1101 said:



Honestly she learned more than most USC spouses trying to get rid of their GC holder spouses. Most of them don't rescind their support for the I-751 because they don't know they can.

I would still refile, with a copy of that letter, and a divorce waiver, all of your prior proof and any extra proof that you may have made. The ROC won't be completed without the divorce decree, but depending on what state your in that can take months to longer, so you need to get the ball rolling -NOW-.

 

I know for certain she wanted to withdraw i-864 and all of her involvement in this because I saw the letter but since that couldn't be achieve USCIS responded to her asking for information about the Alein Spouse, she provided my A number and the latest filing case number, which was that of the i-751 and withdraw it. From her understanding withdrawing the financial obligation couldn't be achieved without what they did. Unknown to her is if ever an NTA resolves from this and deportation happens, all of my debts becomes hers(car note, credit cards, etc). She already in a tight position, asking to live together till June when my extension expires because the bills will drown her, not knowing that there isn't an extension anymore since the basis of the extension itself doesn't exist anymore. Enough of her....

 

Anyway, I'm working on a new i-751 to avoid NTA and also get a new extension letter, but there seems to be a question that's stalling me when filling the form, question 10. I need to select the Divorce option even though we are not yet divorced but I'm currently working on that form too right at the moment. Then question 21, I chose the No option as there's no marriage other than the one that has crumbled and lead to all of this hassle.

 

Hopefully someone gets to response, trying to get this done and sent off today.

 

 

Link to comment
Share on other sites

  • 6 months later...
Filed: Lift. Cond. (pnd) Country: Nepal
Timeline
On 3/4/2019 at 9:03 AM, shynepapin said:

 

I know for certain she wanted to withdraw i-864 and all of her involvement in this because I saw the letter but since that couldn't be achieve USCIS responded to her asking for information about the Alein Spouse, she provided my A number and the latest filing case number, which was that of the i-751 and withdraw it. From her understanding withdrawing the financial obligation couldn't be achieved without what they did. Unknown to her is if ever an NTA resolves from this and deportation happens, all of my debts becomes hers(car note, credit cards, etc). She already in a tight position, asking to live together till June when my extension expires because the bills will drown her, not knowing that there isn't an extension anymore since the basis of the extension itself doesn't exist anymore. Enough of her....

 

Anyway, I'm working on a new i-751 to avoid NTA and also get a new extension letter, but there seems to be a question that's stalling me when filling the form, question 10. I need to select the Divorce option even though we are not yet divorced but I'm currently working on that form too right at the moment. Then question 21, I chose the No option as there's no marriage other than the one that has crumbled and lead to all of this hassle.

 

Hopefully someone gets to response, trying to get this done and sent off today.

 

 

I found your thread after searching hundreds of them if there is any case that would look like mine. My ex wrote a letter to USCIS too and withdrew joint i751. I prepared new divorced based with divorce decree and filed a new one. I filed second i751 with waiver on july 2019, got another extension letter, fingerprints was waived and SRC is my service center now, previous one was WAC (CALI). Previous case status shows, Withdrawal acknowledgement sent and got the same mail from USCIS that you have posted in here.

 

Since, yours is way ahead mine, could you tell if your case is still pending or any update on your case? 

Link to comment
Share on other sites

3 hours ago, longuscisprocess said:

I found your thread after searching hundreds of them if there is any case that would look like mine. My ex wrote a letter to USCIS too and withdrew joint i751. I prepared new divorced based with divorce decree and filed a new one. I filed second i751 with waiver on july 2019, got another extension letter, fingerprints was waived and SRC is my service center now, previous one was WAC (CALI). Previous case status shows, Withdrawal acknowledgement sent and got the same mail from USCIS that you have posted in here.

 

Since, yours is way ahead mine, could you tell if your case is still pending or any update on your case? 

 

I can tell you that yes it is still pending and it has been an ordeal. On Monday, I received a call from USCIS because I had been going back and forth with them for a while about an extension. Because I never got a new one, I received the old one that extend the green card for 18months from the original expiry date. The case i751 with waiver wasn't accepted easily, it was sent back and the receipt stated application was incomplete, that the spouse information needed to be provided on the application. I had a letter accompany the application and specify on the form that it was a waiver, I even had the withdrawal receipt in there too. I don't know how else to have filed it, but I guess the official wanted a joint filing or only knew about that, which I seriously doubt. It might as well be some naive official or one who doesn't know USCIS regulation on filing the i751 with a waiver. 

 

Anyway, I had done something different as it was constantly pounding my head at that time, I had made a duplicate of the application and sent it to the original location WAC(Cali) as well, the same exact application and all of the information and details, letter explaining the whole situation and that we hadn't even filed a divorce yet, receipt of the previous case and withdrawal notification, same exact application that was rejected, they accepted it despite it was not the location I should have sent it, forwarded it to SRC, check cashed. 

 

So, I guess that covers it for a back story on the situation of things. The constantly changing immigration policies now gives some officials justifiable reasons to make even more decision at their own discretion more than following procedure. I have been out of a job for more than 30days now and no employer wants to take me on due to the 3 months i-551 stamp that I was given some months ago because it would elapse soon. Hopefully, I get a one year this time and I can get back to the workforce. Divorce was finalized more than a month ago, 2 weeks later I sent a copy of the decree to USCIS, up until the time of writing this, I have not gotten any sort of acknowledgement.

Link to comment
Share on other sites

Unclear why you’re using green card for employment? Unrestricted ssn and dl is all that’s needed - employers can’t tell you what type of evidence to provide. 

ROC 2009
Naturalization 2010

Link to comment
Share on other sites

6 minutes ago, milimelo said:

Unclear why you’re using green card for employment? Unrestricted ssn and dl is all that’s needed - employers can’t tell you what type of evidence to provide. 

 

Cos my SSN has the Valid for Work Only-With DHS Authorization printed on it. Hence it prompts the next inquiry of bringing in a green card, which I do take in with all of the extension since the date printed on there is in the past.

Link to comment
Share on other sites

Filed: Lift. Cond. (pnd) Country: Nepal
Timeline
2 hours ago, shynepapin said:

 

I can tell you that yes it is still pending and it has been an ordeal. On Monday, I received a call from USCIS because I had been going back and forth with them for a while about an extension. Because I never got a new one, I received the old one that extend the green card for 18months from the original expiry date. The case i751 with waiver wasn't accepted easily, it was sent back and the receipt stated application was incomplete, that the spouse information needed to be provided on the application. I had a letter accompany the application and specify on the form that it was a waiver, I even had the withdrawal receipt in there too. I don't know how else to have filed it, but I guess the official wanted a joint filing or only knew about that, which I seriously doubt. It might as well be some naive official or one who doesn't know USCIS regulation on filing the i751 with a waiver. 

 

Anyway, I had done something different as it was constantly pounding my head at that time, I had made a duplicate of the application and sent it to the original location WAC(Cali) as well, the same exact application and all of the information and details, letter explaining the whole situation and that we hadn't even filed a divorce yet, receipt of the previous case and withdrawal notification, same exact application that was rejected, they accepted it despite it was not the location I should have sent it, forwarded it to SRC, check cashed. 

 

So, I guess that covers it for a back story on the situation of things. The constantly changing immigration policies now gives some officials justifiable reasons to make even more decision at their own discretion more than following procedure. I have been out of a job for more than 30days now and no employer wants to take me on due to the 3 months i-551 stamp that I was given some months ago because it would elapse soon. Hopefully, I get a one year this time and I can get back to the workforce. Divorce was finalized more than a month ago, 2 weeks later I sent a copy of the decree to USCIS, up until the time of writing this, I have not gotten any sort of acknowledgement.

That's really a hectic process. Could you also provide your timeline including your first joint I-751 and second waiver ones? Mine is below. I never thought they would stamp on passport just for 3 months thats ridiculous.

 

 

GC expiry date: June 29,2018

I751 Jointly submitted: april 2018 WAC

Divorced filed april 2019

USC wrote letter to USCIS May 2019

Withdrawal acknowledgement letter received July 8 2019

Final divorce decree July 24, 2019

Second I751 with waiver, filing fee, divorce decree and letter explaining received july 26, 2019 SRC center

I also mailed divorce decree, and letter to california hoping they will look over my old case and approve it (not gonna happen knowlingly)

Biometrics waive update 9/23/2019

Link to comment
Share on other sites

10 hours ago, shynepapin said:

 

Cos my SSN has the Valid for Work Only-With DHS Authorization printed on it. Hence it prompts the next inquiry of bringing in a green card, which I do take in with all of the extension since the date printed on there is in the past.

Why didn’t you remove the restriction when you got your green card? 

ROC 2009
Naturalization 2010

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...