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Camlynn

Petty Crime Exception Maximum Penalty Possible?

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I am a U.S. citizen, who has recently became engaged to a U.K. citizen. We are in the midst of preparing out K-1 packet. In the course of preparing said packet, we have been discussing my fiance's (beneficiary) criminal past. 

 

We have read a million different blogs, forum posts, government documents, etc, trying to determine his admissability to the U.S.

 

We are trying to figure out if he would be eligible for the Petty Crime Offense Exception.

 

Things we know: 1.) it was definitely a CIMT 2.) it has since been spent, appealed and completed (which I know probably means nothing) 3.) it does show on his police certificate, but no court records because it was over 10 years ago 4.) he served no jail time 5.) he was over 18

 

Things we don't know: 1.) the maximum penalty possible?????

 

We know that in order to fall under this petty crime exception, you have to have the following boxes ticked: 1.) only 1 CIMT conviction ever (yes), 2.) served no more than 6 months imprisonment (yes, he served nothing), and 3.) the maximum possible penalty was less than 1 year imprisonment (???)

 

We are unsure if this is the maximum penalty PERIOD or if this the the personal maximum that the judge sentenced you to??? Example: The maximum penalty is 5 years for this crime, period. Or the maximum penalty given to Johnny for his crime is 10 months imprisonment, regardless of the 5 year government umbrella maximum.

 

Is it the maximum blanket umbrella government statutory maximum OR do they take into considerating mitigating factors and use the graded down maximum that you PERSONALLY were given???

 

This is the BIGGEST question we have right now, because there are 2 very different sides to our coin at this moment in time. And I'm trying to stay calm and not spiral into depression, but we need an answer.

 

We've reached out to maybe 20 different lawyers and only gotten 3 responses back, one in the U.S. who basically told us to commit visa fraud and then one in the U.S. and one in the U.K. who hasn't gotten back to us yet. So, we're a little bit freaked out to say the least.

 

Can someone please help us decipher this???

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When they refer to the “maximum possible penalty” they mean the maximum that sentencing law permits. So if the law says for x crime the maximum sentence is 10 years, then that’s the figure they use. Not the sentence recommended at the time or the “max out date” given to the individual. 

Edited by JFH

 

 

 

 

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So it sounds like he will need an I-601 waiver after being denied (if a waiver is recommended) or you need to research moving to the UK. 

 

We are in the reverse situation. My husband is a US citizen with a felony and I am from the UK. He was denied a visa for the UK (our first choice of where to live) and that’s why I ended up here in Washington state. 

Edited by JFH

 

 

 

 

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This is just the stupidest thing I've ever heard.

 

Thank you for your reply, but it just hurts my head to think that they can hold something against you that didn't even happen. It's like "you never served any jail time, but you're not eligible for this exception because you could've served 5 years". WHAT????????????

 

Completely insane.

Edited by Camlynn

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Well at least the US permits waivers for spouses with criminal records, the UK doesn’t. As such, my husband will never even visit the UK, despite being married a British citizen. 

 

Question - has your fiancé come to the US since the incident? If so, under what status and did he declare it then? 

 

I understand your frustration. Very few here understand your situation as well as I do. But the reason they use the max penalty is to give everyone a level playing field.  Had he committed the same crime here, I’m pretty sure he would have served time. Just because the UK takes a more compassionate approach, doesn’t lessen the crime committed. 

Edited by JFH

 

 

 

 

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26 minutes ago, Camlynn said:

This is just the stupidest thing I've ever heard.

 

Thank you for your reply, but it just hurts my head to think that they can hold something against you that didn't even happen. It's like "you never served any jail time, but you're not eligible for this exception because you could've served 5 years". WHAT????????????

 

Completely insane.

Insane?  It sounds like the criteria is rightfully based on the nature of the crime instead of the leniency of the judge.


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

"Only a fool would fail to heed the advice of someone who has walked in his shoes"- Missileman, 2/8/19

"What I am to be, I am NOW becoming"- Benjamin Franklin

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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41 minutes ago, Camlynn said:

This is just the stupidest thing I've ever heard.

 

Thank you for your reply, but it just hurts my head to think that they can hold something against you that didn't even happen. It's like "you never served any jail time, but you're not eligible for this exception because you could've served 5 years". WHAT????????????

 

Completely insane.

Well, logically if the maximum sentence is 5 years that means it's a more serious crime... Regardless what sentence the individual received the possible max sentence shows the seriousness of the crime more accurately.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Is it not relatively easy to look up the crime he was convicted of & its maximum penalty?


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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25 minutes ago, EM_Vandaveer said:

Is it not relatively easy to look up the crime he was convicted of & its maximum penalty?

Yes...especially for the consulate officers who have access to a great deal of information about interviewees & any interaction with law enforcement, the courts, US immigration and travel documents, etc.  


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

"Only a fool would fail to heed the advice of someone who has walked in his shoes"- Missileman, 2/8/19

"What I am to be, I am NOW becoming"- Benjamin Franklin

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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It is the maximum sentence for that offence in the UK (note: not the maximum sentence as if it took place in the US) at the time of the offence, so if the law has changed since, it is backdated.

Mitigating factors are not taken into account - it is solely the maximum possible sentence for that specific offence.

 

The maximum sentences are indeed all clarified in law and it is possible to find this information out.

However, it depends on a number of factors. For example, was it charged as a summary offence (trial in a magistrates court , which is the lowest court with limited sentences), or as indicatble offence  (trial by jury in a crown court). Think of it as misdemeanor vs felony. Or perhaps it was dealt with by way of a formal caution, which is dealt with without trial, but requires an admission of guilt to accept and consequently is treated the same as if it were a conviction under US immigration law. 

 

What is specific offence in this case? Any codes or specifics will help narrow it down to the  specifics for that offence.

Was it a single offence?

Does the police certificate detail it or show 'no live trace'?

Has your fiancé been to the US since this offence? If so was this under the VWP/ESTA or a visa?

 

 

 

3 hours ago, Camlynn said:

This is just the stupidest thing I've ever heard.

 

Thank you for your reply, but it just hurts my head to think that they can hold something against you that didn't even happen. It's like "you never served any jail time, but you're not eligible for this exception because you could've served 5 years". WHAT????????????

 

Completely insane.

Possibly, but it is what it is and won't be changing any time soon.

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

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9 minutes ago, mindthegap said:

Has your fiancé been to the US since this offence? If so was this under the VWP/ESTA or a visa?

Is ESTA allowed after an offense like this one?  


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

"Only a fool would fail to heed the advice of someone who has walked in his shoes"- Missileman, 2/8/19

"What I am to be, I am NOW becoming"- Benjamin Franklin

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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Hopefully you can move past this frustration, since there's nothing you can do to change the law, and figure out a way for you to immigrate to the UK or some other country so that you can be together.  Government bureaucracy and laws are frustrating when they get in the way of love, but that's the price you have to pay when you want to be with someone from another country.  I remember having conversations with my husband early in our relationship, before we even got engaged, about our backgrounds, if we had any arrests or police records that might cause problems for travel or immigration visas.  Now that you've come up against this roadblock, you'll have to decide if you love your fiance enough to do whatever it takes to be together, even if that means having to leave the US to do it.  The bureaucracy really tests a long-distance relationship across international borders.  Good luck!

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1 hour ago, mindthegap said:

It is the maximum sentence for that offence in the UK (note: not the maximum sentence as if it took place in the US) at the time of the offence, so if the law has changed since, it is backdated.

Mitigating factors are not taken into account - it is solely the maximum possible sentence for that specific offence.

 

The maximum sentences are indeed all clarified in law and it is possible to find this information out.

However, it depends on a number of factors. For example, was it charged as a summary offence (trial in a magistrates court , which is the lowest court with limited sentences), or as indicatble offence  (trial by jury in a crown court). Think of it as misdemeanor vs felony. Or perhaps it was dealt with by way of a formal caution, which is dealt with without trial, but requires an admission of guilt to accept and consequently is treated the same as if it were a conviction under US immigration law. 

 

What is specific offence in this case? Any codes or specifics will help narrow it down to the  specifics for that offence.

Was it a single offence?

Does the police certificate detail it or show 'no live trace'?

Has your fiancé been to the US since this offence? If so was this under the VWP/ESTA or a visa?

 

 

 

Possibly, but it is what it is and won't be changing any time soon.

OP specifically said it does show up on the police certificate.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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7 hours ago, missileman said:

Is ESTA allowed after an offense like this one?  

I should think not. Which is why it's an important question, to know if they have visited before, and if they did so successfully, did they disclose their prior offense truthfully. It's the little stuff that stacks up.. of course if they never visited then it won't be an issue at least regarding misrepresenting...


K-1 - AOS & ROC Timeline  - Immigration and the Health Exchange Price of Love in the UK Thinking of Returning to UK?

 

First met: 12/31/04 - Engaged: 9/24/09
Filed I-129F: 10/4/14 - Packet received: 10/7/14
NOA 1 email + ARN assigned: 10/10/14 (hard copy 10/17/14)
Touched on website (fixed?): 12/9/14 - Poked USCIS: 4/1/15
NOA 2 email: 5/4/15 (hard copy 5/11/15)
Sent to NVC: 5/8/15 - NVC received + #'s assigned: 5/15/15 (estimated)
NVC sent: 5/19/15 - London received/ready: 5/26/15
Packet 3: 5/28/15 - Medical: 6/16/15
Poked London 7/1/15 - Packet 4: 7/2/15
Interview: 7/30/15 - Approved!
AP + Issued 8/3/15 - Visa in hand (depot): 8/6/15
POE: 8/27/15

Wedding: 9/30/15

Filed I-485, I-131, I-765: 11/7/15

Packet received: 11/9/15

NOA 1 txt/email: 11/15/15 - NOA 1 hardcopy: 11/19/15

Bio: 12/9/15

EAD + AP approved: 1/25/16 - EAD received: 2/1/16

RFE for USCIS inability to read vax instructions: 5/21/16 (no e-notification & not sent from local office!)

RFE response sent: 6/7/16 - RFE response received 6/9/16

AOS approved/card in production: 6/13/16  

NOA 2 hardcopy + card sent 6/17/16

Green Card received: 6/18/16

USCIS 120 day reminder notice: 2/22/18

Filed I-751: 5/2/18 - Packet received: 5/4/18

NOA 1:  5/29/18 (12 mo) 8/13/18 (18 mo)  - Bio: 6/27/18

 

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7 hours ago, missileman said:

Is ESTA allowed after an offense like this one?  

Depends.

Max sentence for the offence comes into it again.... its all in INA 212(A)

 

 


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

 

I-751 #1- May2015 [Denied]

 

Early May 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
May 2015: Notice of receipt/1yr extension received, dated day of receipt. This was forwarded to me outside the US, and no issues re-entering multiple times.
June 2015: Biometrics completed - walk in / argument, stressing proof of imminent travel and multiple prior inconvenient appointments & reschedules.
May 2016: Vermont Service Centre updated to processing May 2015 cases, therefore my case is now classed as outside normal processing time
May 2016: Service request sent (whatever that is) after calling to find out why I am still waiting after 12 months. Unable to tell me anything.
May 2016: Letter received in response, stating processing is on hold due to 'pending security checks' with no other information. Not helpful.
May 2016: (7am) - Infopass appointment for I-551 Stamp in passport.  (8am) - Returned to USCIS office for another I-551 stamp after realizing the dumbass put the expiry stamp as 2015 not 2017. Two entire passport pages wasted. Cheers. 

Oct 2016: Infopass appointment (not at local office). USCIS have sent my file to an overseas office, in a country that neither myself or my spouse have ever resided in. It has sat there untouched for five months. Why? Who knows. Internal query requesting urgent clarification is sent by USCIS officer.  
Oct 2016: An identical 'pending security check'  letter received, addressing precisely none of my or the immigration officers legitimate queries. 
Nov 2016: Infopass appointment: My file is now back in the US and at my local office...no other updates or progress. 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'       Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance - enough is enough. 
May 2017: Yet another infopass. No updates, interview of further progress. Still no response from Congressperson, Senator, or Ombudsman received. 
June 2017: 68 days after contacting them, the Ombudsman finally contacted USCIS. 'It may take up to 60 days to receive a response'.   
July 2017:  A follow up enquiry sent by Ombudsman to USCIS after receiving no response or action after 45 days. I am Jack's complete lack of surprise. 
August 2017: 60 days has come and gone with no response from USCIS. Contacted the Ombudsman who will contact them AGAIN. 
August 2017: Email from Ombudsman - USCIS have scheduled an interview at the very end of August .  
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
September 2017: Now 4 weeks since interview, my file has not moved from the officers desk, and no decision is showing when I call and speak to a Tier 2.  
September 2017: Request filed for Senator assistance (a different senator - maybe I will get a reply & assistance from this one?). 
October 2017: 37 days since interview....and no decision.  W, and indeed, TF is going on???? 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS

I-751 #2 - Oct 2017 [Pending] 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  

October 2017: I-797C Receipt/extension letter received, dated day of receipt at VSC 

October 2017: Another I-551 stamp obtained at infopass appointment, as the extension letter is useless with a 2yr card that expired 2.5yrs ago! 

November 2017: Biometrics completed (early walk-in) 

2018: Re-entered US multiple times with second I-751 extension letter & stamp. Quick trip to secondary required to verify, and stamped in as normal

  

N-400 Feb 2018 [Pending] 

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

February 2018: Biometrics completed (walk-in)

Mid - February  2019: N-400 Interview

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