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

[shynepapin 4]

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.

[geowrian 22,335]

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 Also include a letter explaining the late filing (e.g. An initial petition was filed under receipt #XXXXXXX but withdrawn by my spouse/former spouse as a joint petitioner).

[mindthegap 2,521]

 

 

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 March 3, 2019 by mindthegap
fast typing = typos

[shynepapin 4]

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.

 

[mindthegap 2,521]

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 March 4, 2019 by mindthegap

[shynepapin 4]

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. 

[shynepapin 4]

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.

Edited March 4, 2019 by shynepapin
Error document uploaded

[Ash.1101 1,755]

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.

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-.

[shynepapin 4]

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.

 

 

[longuscisprocess 27]

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? 

[shynepapin 4]

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.

[milimelo 4,201]

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. 

[shynepapin 4]

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.

[longuscisprocess 27]

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

[milimelo 4,201]

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?