My I-751 Information not available at Call Center.

[CanadaEx 1]

Hello All,

Please tell me I am being paranoid.
I met my wife in Feb 2015, and we got married in September 2106.
I got my LPR in November 2017.
Throughout the Marriage, there has been documented physical and mental abuse.
In June 2018, my wife filed for annulment.
I moved out of the house in July 2018.
While the annulment/divorce was still in court, I filed for I-751 in January 15, 2019 to Phoenix Service Center, while attaching Report of Abuse from Psychologist from State Trauma Center. In addition, I attached the 3 police reports of when I called the police, one of which is when she accused me of drinking, and the police sobriety test shows negative . In addition, I attached the report from Urologist who detailed the damage to my organ in one of the physical abuse episode.
On January 5th, 2019 I called USICS Call Center to inquire the receipt of my 1-751, and was told that hardcopy Mail has been sent to me acknowledging receipt.
In February 12th, 2019 I received form I-797 NOA from California Service Center, indicating receipt number, that my application to remove condition based on Abuse and Divorce was received and my LPR date of expiration has been extended for 18 months.
On March 4th, 2019 the judge ruled dissolution of marriage, and the marriage has suffered irreparable damage instead of annulment.
On March 12th, I called the Call Center again to inquire about the Biometric Date, because I have read on this website of situation where candidates miss their Biometric Date because they did not get notification in the mail on time. At this point, I was told by the call center that there is no information of my I-751 application on the computer that I should write to Vermont Service Center. This is the same Call Center that confirmed for me in the past that a  NOA letter was sent to me on January 5th, 2019.
Then panic sets in, I applied to Phoenix Service Center based on where I live - Oregon, got a reply from California SVC, and now I am being directed to write mail to Vermont Service Center. As I was putting the letter in the mail 1001 things were going through my mind.
Has ex-wife written to the USIC after the dissolution of the marriage, note she has threaten me in the past with writing to the USCIS or ICE saying she will like me deported, and ICE wrote her back that .
Maybe I should seek advice of Lawyer now? instead of waiting to find our that my ex-wife has sent divorce annulment instead of dissolution.
I dont want to wait and find out at POE on the way back from traveling out of the country.
Thanks in advance for your advice.

[millefleur 5,035]

**Moved from ROC General Discussion to Effects of Major Family Changes on Immigration Benefits to be among similar threads**

[CanadaEx 1]

Hello additional questions to the above.

Is it possible that I have been placed on Removal Proceedings based on the fact that I completed for ROC before the divorce was final? Note I applied for ROC while checking BOXES 1d (I entered the divorce in good faith , but my marriage was terminated through divorce or annulment AND 1e( I entered the divorce in good faith and during marriage, I was battered, or was the subject of extreme cruelty by my IS citizen or lawful permanent resident spouse. Please note that I have received NOA for the ROC.

[CanadaEx 1]

Hello All, 
Because I am traveling to Canada on the weekend, I phoned USCIS Call Center one more time to make sure I am not stopped at the POE and being placed under Removal Notice.
The Call Center asked me to write to 

USCIS VSC

Attention VAWA - Unit

75 Lower Welden Street.
Saint Flabans, VT
05479

to get an update.
Note I applied before my divorce on  January  for ROC while checking BOXES 1d (I entered the divorce in good faith , but my marriage was terminated through divorce or annulment AND 1e( I entered the divorce in good faith and during marriage, I was battered, or was the subject of extreme cruelty by my IS citizen or lawful permanent resident spouse. Please note that I have received NOA for the ROC.

My divorce did not finish until March 4th. Meanwhile, I have my Green Card which does not expire until November 2019, and NOA saying my Green Card as has been extended from Nov 2019 for another 18 months.

Please advice anyone for what to do next. Thanks in advance.

[Sam_Son_83 17]

Hi,

 

No, I wouls not worry about removal proceedings. You filed a divorce waiver, the only thing that should happen in the future is that you receive an RFE asking for the divorce paperwork (from what I understand the divorce certificate wasn't submitted with your I751).

 

Also, you wouldn't just be put into removal proceedings because your wife sends the USCIS nasty letters. Just as a side note, you wouldn't be the first case that I read about where exactly this happens and people get approved. I doubt it is out of the ordinary for false allegations to be sent to USCIS by vengeful ex-wives - which they are aware of.

 

As to leaving the country... while lawyers will likely advise you to keep it at a minimum and to tread careful, you shouldn't encounter any major issues (except maybe a secondary inspection). I have traveled out of country while after my divorce, with my valid greencard and later on with extension stamps in my passport. Again, never any real issues, only two secondary inspections - which aren't a big deal.

 

Lawyer? Well at this point you already filed - so they wouldn't be able to actually do much. There might be the possibility of switching to a VAWA case - this idea was floated to me by a very high profile immigration lawyer. This might have several benefits in case the initial application would pop. But you'd most likely have an RFE, Interview etc first anyways. But if you have the money to spend it might be good to talk to a lawyer, even if only to put your mind at rest and have someone that is familiar with your case to contact should things go sideways.

 

Overall you have, in my estimation, a very strong case. I was in an abusive relationship as well and didn't have much to show for, as my marriage was VERY short (well under a year). And it went well, even though the interview was a horrible experience. If you are honest and upfront you have little to worry about!

[CanadaEx 1]

Hello Sam_Son_83

Thank you for your candid advice.

[Sam_Son_83 17]

I know this sounds like a platitude (it did to me as well, until my case was approved today)... but it's true. Do everything necessary, get your ducks in a row but other than that try to get your head off of it. There will be long wait times, and plenty of time to drive yourself nuts. 

But there's nothing you can really do (except having your ducks in a row)... so might as well not worry about it until you have to.

 

Think of it this way: USCIS is VERY good at finding out the truth. If it's in your favor, no need to stress. They will know. You've done nothing wrong, you're an honest man - feel like it.

 

Live your life, don't hesitate to advance your career etc. - don't let this stand in your way. You might regret not having done things once you have your approval in hand.

 

Feel free to shoot me a message should you ever feel like it!

Edited March 13, 2019 by Sam_Son_83

[Villanelle 4,121]

Abuse waiver 751 are typically ONLY processed by Vermont regardless of where you live. Other service centers can and have adjudicated abuse waiver 751 but their goal is to get them all to VSC. This is a good thing, you want your file at VSC because VSC has specially trained VAWA adjudicators to work on abuse cases. From what you posted you included as evidence your most likely going to be approved for ROC under abuse waiver and will be eligible for citizenship at the 3yr mark because of it.

 

If VSC is not satisfied with your evidence they will send an RFE about it, but again police reports and medical records are very good proof along with (Im hoping) your own statement of what occurred.Your spouse is not involved in the ROC and can not do anything that would negatively impact you so please do not worry about that.

[Villanelle 4,121]

Also because you filed under abuse waiver your case is now considered confidential (more so then usual) and the phone reps can NOT give you any information on your case, neither can infopass. All correspondence needs to go through VSC- thats why the phone rep told you to write them but you really dont have anything to write them about do you? If you want to know if you are in removal proceedings (which you probably are not) you can call the 800 number for that. Use google as I dont know it off the top of my head but its a special number for the courts to see if you are in the system. 

[littlefrench 8]

On ‎3‎/‎14‎/‎2019 at 12:51 PM, username_taken said:

Also because you filed under abuse waiver your case is now considered confidential (more so then usual) and the phone reps can NOT give you any information on your case, neither can infopass. All correspondence needs to go through VSC- thats why the phone rep told you to write them but you really dont have anything to write them about do you? If you want to know if you are in removal proceedings (which you probably are not) you can call the 800 number for that. Use google as I dont know it off the top of my head but its a special number for the courts to see if you are in the system. 

Hi, what's the source of this information? Where di you read that VSC processes abuse waivers?

[CanadaEx 1]

Hello All, 

I will like to send a BIG THANK YOU to everyone that has been help me on this website. Again thanks for your support.
The latest on my status is that I am still waiting for the decision on my I-751 application. That is removal of conditions.
Also, last week, I sent a request to the office of my local congressman for help on status of my application, and below is the reply from USCIS to my congressman:

 

"Our records indicate that Canada Expatriate filed his I-751 on January 28, 2019.  
Current CSC processing times for I-751's are 14 to 20 months from the time a petition is filed.  
If Canada Expatriate has not received a notice of action on his I-751 by August 2020, please submit another status inquiry on his behalf. 

For current USCIS processing times, please visit https://egov.uscis.gov/processing-times/."
 

I also read somewhere on the web that
"many people are able to naturalize while their applications are pending". https://www.passage.law/become-a-us-citizen-while-waiting-for-your-ten-year-green-card/
I read the complete story, and found that that in some cases, one is eligible to apply for naturalization while waiting for decision on the I-751 application with a Waiver Based on Abuse or Battering.

 

If this is so, my question to you all - if the eligibility for naturalization is calculated to be August 2020, is it permissible to actually submit naturalization application 90 days (May, 2020) days before eligibility date If one has not heard back from USCIS on I-751 application then?

Again, thanks for you advice.

CanadaEX

[Villanelle 4,121]

I don't believe you can file n400 before abuse waiver is approved. I can look more into it later tonight. Do you have a source besides the article you linked as there was nothing in it that supports this.

[CanadaEx 1]

Not that I am in hurry or something like that...
But I found this on the Google:

https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-11685/0-0-0-11691.html

My understanding is that one can apply, but the application cannot be approved "until the pending Form I-751 is reviewed and approved"? 
The question is, has this law been updated lately or still in effect?

CanadaEx

[CanadaEx 1]

In the same Act, they made a case for concurrent  approval:
"If the Form I-751 is in the applicant’s A-file and the applicant establishes their eligibility for naturalization under Section 319(a) or 319(b) , and also established that they have met the requirements under sections 216(b)(1) and 216(d)(1)(A) of the Act (as evidenced by such documentation listed in 8 CFR 216.4(a)(5) ), the adjudicator may approve the applicant’s Form I-751 and Form N-400 concurrently. See AFM Chapters 25.1(k)(2)(A) and 25.1(e)."

[Villanelle 4,121]

It is common knowledge on VJ that those who have ROC pending and are otherwise eligible CAN file the N400 while ROC is pending. Often they get a combo interview. It is not as much known on VJ that those filing and approved for ROC under abuse waiver are also eligible for N400 at 3 year mark if abuser was USC. 

 

From what Ive seen on VJ people applying at 3 years with abuse ROC often have a hard time filing n400. Sometimes its rejected and sent back improperly. So it is suggested to send the policy memo showing how they are eligible with their filing and to do it on paper rather then online filing. 

 

I briefly looked through the policies and cant find anything that suggests you are not eligible to file but at the same time nothing that specifically says ROC abuse can send the n400 while its pending either. 

 

@geowrian is very good at finding odd parts of the policy manuals. Perhaps he has some input?