USCIS Denied I-751 Case due to their error, please help

[dumiduda1990 19]

19 hours ago, missileman said:

When I changed my wife's address online, I received a confirmation email.....Perhaps you have one, too.....

Sorry to hear this. I know USCIS still sent at least one letter to my old address after I updated the address online *and* receiving a confirmation email. I had to do it again.  

[Trymester3 6]

From a personal standpoint, she doesn't have anything against using her married name on all documents. It's not like she wants nothing to do with that name and she's trying to get rid of it. She now goes by her maiden name, but none of her documents have her maiden name on them. Will it confuse the USCIS to use her maiden name? Should we just keep it as it is with her married name to simplify things?

 

Also, does anyone remember if it's okay to use a photo copy of the marriage certificate instead of an official copy?

[MohU3 57]

15 minutes ago, Trymester3 said:

Also, does anyone remember if it's okay to use a photo copy of the marriage certificate instead of an official copy?

Yes, you can use just a copy, but if she was requested an interview, you will have to provide the official certified copy or the original one. also don't forget the divorce decree (also a copy).

Edited January 30, 2019 by MohU3

[EM_Vandaveer 2,364]

18 minutes ago, Trymester3 said:

From a personal standpoint, she doesn't have anything against using her married name on all documents. It's not like she wants nothing to do with that name and she's trying to get rid of it. She now goes by her maiden name, but none of her documents have her maiden name on them. Will it confuse the USCIS to use her maiden name? Should we just keep it as it is with her married name to simplify things?

 

Also, does anyone remember if it's okay to use a photo copy of the marriage certificate instead of an official copy?

It won't confuse them. She should put her maiden name on the form & her married name under "other names used". That way, her 10-year GC will be in her maiden name & using that she'll be able to change her name on her other documents.

My personal experience was that I had my 2-year GC in my maiden name but put my married name on the I-751 (maiden name in other names), I had no problem & received my 10-year GC in my married name.

[Trymester3 6]

Thank you for your input. Other than the issue of the surname on her future 10 year GC appearing in her married name rather than her maiden name, is there any other reason why it would be bad for her to fill in and sign the I-751 with her married name?

 

I know it's an annoying question, but I ask because every other piece of evidence in the I-751 packet (phone bill, medical bill, evidence letters, etc.) are all using her married name.

[Trymester3 6]

Since we are filling out and sending in a new I-751, how bad will it look when on Page 1 Item # 14 it says: 

 

"Conditional Residence Expires on: 2/19/2017"

 

?

Edited January 30, 2019 by Trymester3

[MohU3 57]

Just now, Trymester3 said:

Since we are filling out and sending in a new I-751, how bad will it look when on Page 1 Item # 14 it says: 

 

"Conditional Residence Expires on: 2/19/2017"

 

?

Nothing to worry about. They already know that. Just don't forget the brief letter explaining what happened with the missing mail. 

[Trymester3 6]

Checking on USCIS.gov it states that people living in New York should mail their I-751 application to Dallas, Texas. Is this where she should mail her application? 

 

She originally mailed it to Vermont, and the most recent mail that she received from the USCIS also came from Vermont on Jan. 24, 2019. According to them however her case has been denied due to abandonment (so it's not really an on-going case). Should this re-applying I-751 just be mailed to Dallas, Texas?

[H-M 169]

2 minutes ago, Trymester3 said:

Checking on USCIS.gov it states that people living in New York should mail their I-751 application to Dallas, Texas. Is this where she should mail her application? 

 

She originally mailed it to Vermont, and the most recent mail that she received from the USCIS also came from Vermont on Jan. 24, 2019. According to them however her case has been denied due to abandonment (so it's not really an on-going case). Should this re-applying I-751 just be mailed to Dallas, Texas?

Yes. Since a new I-751 is being filed, she must follow the current filing instructions as per USCIS website.

For New York residents the I-751 should be filed at the following address:

 

For U.S. Postal Service (USPS):

USCIS
P.O. BOX 660480
Dallas, TX 75266

For FedEx, UPS, and DHL deliveries:

USCIS
Attn: I-751
2501 S State Hwy 121 Business
Suite 400
Lewisville, TX 75067

[EM_Vandaveer 2,364]

1 hour ago, Trymester3 said:

Thank you for your input. Other than the issue of the surname on her future 10 year GC appearing in her married name rather than her maiden name, is there any other reason why it would be bad for her to fill in and sign the I-751 with her married name?

 

I know it's an annoying question, but I ask because every other piece of evidence in the I-751 packet (phone bill, medical bill, evidence letters, etc.) are all using her married name.

Not a problem, they understand that she is the same person who is using her maiden name now but went by her married name prior to the divorce.

[Trymester3 6]

Thanks to all of you. About half an hour ago my ex-wife just sent in a new I-751 application (Certified Priority Mail).

 

I told her that I don't know if it will work since her case is already considered "abandoned", but I hope that at the very least it will "buy her more time".

 

One concern that I did have was that, even though she did receive a letter from the USCIS to her correct address on January 24, 2019, I'm not sure if they have "officially" updated her address correctly.

 

I'm thinking that maybe a week after delivery confirmation confirms that the packet arrived in Dallas, I can get her to call the USCIS and confirm her address, or to fill out an AR-11 and send that in. Does that make sense or am I overthinking it?

 

 

Edited February 1, 2019 by Trymester3

[mindthegap 2,521]

2 hours ago, Trymester3 said:

 

I told her that I don't know if it will work since her case is already considered "abandoned", but I hope that at the very least it will "buy her more time".

 

 

It is permitted and it will work.

Relax.

[Going through 5,668]

2 hours ago, Trymester3 said:

One concern that I did have was that, even though she did receive a letter from the USCIS to her correct address on January 24, 2019, I'm not sure if they have "officially" updated her address correctly.

 

I'm thinking that maybe a week after delivery confirmation confirms that the packet arrived in Dallas, I can get her to call the USCIS and confirm her address, or to fill out an AR-11 and send that in. Does that make sense or am I overthinking it?

 

Unless she's moved again since January 24, 2019 they have "officially" updated her address correctly, since she's already received correspondence from USCIS at the new address just last week.....And the new i-751 sent in will also list the new address again, anyhow.....yes, you're overthinking the address part a tiny bit  

 

Presumably they have her correct address on file if, as you say, she's ALREADY received USCIS mail at her new address last week...  

Edited February 1, 2019 by Going through

[Trymester3 6]

Thanks for your re-assurance.

 

I'm not one of those "I hate America, and my country is full of fools" kind of people, but since I know that government officials are just regular humans, I know that they are capable of mistakes (like I feel they already made the first time), so I guess that just has me on edge. Thanks for the re-assurance though.

 

Also, this is something that I expected not to be dealing with anymore since she is my ex-wife, but I'm being responsible, and I do highly, truly appreciate this forum's help.