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Question about wording on Notice of Action for I-751.

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On 2/19/2019 at 2:33 PM, mindthegap said:

Filing a new I-751 overrides the previous denial until adjudication. 

She legal and allowed to work. 

 

 

Go get a stamp ASAP.

 

 

Again, I speak from DIRECT personal experience of this scenario, not just a guess.

Hi @mindthegap

Hope you are doing well. Can I have your email address to make some conversations regarding I751 case? I have a case pending and going through tons of stress. I am in a boat of deep ocean where I don't know which port will be available for my anchoring. 

You can also check my posts and send me a feedback. One most important thing I want to know- My steps in case of denial. I sent out many evidences; but who knows? Just trying to get familiar with future steps. 
Sincerely --- 

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Sorry, not giving out my email - I’m not an immigration attorney for one

Happy to advise on here along with others if you post up your issues on your own thread. 

 

While pending, there is nothing you can do. If denied, there are things you can - and should - do. But until you receive a denial it is a moo point, so cross that brigde if it ever happens. Which it may not.

Worrying about it will just drive you mad.

 

If you filed with a divorce waiver you will more than likely get an interview scheduled at some point. 

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

 I-751 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. 

 

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16 hours ago, mindthegap said:

Sorry, not giving out my email - I’m not an immigration attorney for one

Happy to advise on here along with others if you post up your issues on your own thread. 

 

While pending, there is nothing you can do. If denied, there are things you can - and should - do. But until you receive a denial it is a moo point, so cross that brigde if it ever happens. Which it may not.

Worrying about it will just drive you mad.

 

If you filed with a divorce waiver you will more than likely get an interview scheduled at some point. 

Hey- Thanks for the reply. I have I 751 with Divorce waiver pending. But you said one thing in one post somewhere - **That filing a new I 751 over rides the previous jurisdiction and allows LPR to stay with status and as LPR**
I am just trying to figure out and get familiar in advance with possible steps in case of denial. I want to do those by myself since lawyers are very expensive and I know about the authenticity of my marriage and relation. Can I file another i751 back to back immediately? Or I have to go through immigration court? If you can just take some time and write few steps what can be done or should be done- that will help me.  
I asked my lawyer and here is the reply:
 

If USCIS denies the I-751, then we can have the Immigration Judge review the denial and make his or her own decision on the case.  You will have the opportunity to testify and present witnesses and any additional evidence you wish to the Immigration Judge.  You will have at least two immigration court hearings.  The Immigration Courts are very backlogged so if your I-751 is denied, it will take a couple of years at least for you to have your final immigration court hearing and the Immigration Judge make a decision on your case.  If the Immigration Judge denies the I-751 as well, you can appeal the decision to the Board of Immigration Appeals, a process that will also take 1-2 years.

 

 

Thank you,

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You can keep filing I--751s until you get a final decision of removal. Generally - from what I've seen - it would be at least 2 filings before it even gets to court (unless you wait too long after the first denial).

The process for removal under ROC if you fight it generally takes several years.

But as wisely stated above, don't plan for a denial. The overwhelming majority of I-751s are approved the first time.

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

 

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