Jump to content
Daniel Littleton

I-751 Removal of Conditions, going through divorce. Evidence.

11 posts in this topic

Recommended Posts

Hi there!

 

I wanted to say first of all, thanks for taking the time to read this!

 

I am preparing my evidence for the I751 removal of conditions. My VISA runs out in March 2020 and I am able to apply for removal of conditions within the 3 months leading up to the expiry of the VISA (2 years conditional presently).

 

My biggest issue is the evidence. I have the evidence from the previous application & we separated in December of 2018.

 

Does the age of evidence come into play at all? As we had already really started to separate at that time and what not. So having any recent evidence of marriage would not of course exist.

 

It is a little confusing and worrying, so Im wondering what kind of evidence other I751 waiver petitioners supplied, or forms of support.

 

Thanks so much in advance!

 

Daniel

 

 

Share this post


Link to post
Share on other sites
24 minutes ago, Daniel Littleton said:

the expiry of the VISA (2 years conditional presently).

Green card, not "visa."

25 minutes ago, Daniel Littleton said:

My biggest issue is the evidence. I have the evidence from the previous application & we separated in December of 2018.

Submit what you have. When the divorce is finalized you should switch to a divorce waiver.

Share this post


Link to post
Share on other sites

Sorry visa.

 

Well the divorce is underway. Ill be filing a waiver.

 

Its not due yet, Im just forward planning. Im looking for advice regarding what others have submitted in terms of the waiver and such :)

Share this post


Link to post
Share on other sites

Just submit all the evidences that you have with the divorce decree.

Don't forget to write a letter explaining the circumstances of the divorce, its very impotent!!

we filed jointly and while case pending the divorce was finalized, so i sent a copy with a long letter i wrote myself with all the details from first day we did meet. 

Share this post


Link to post
Share on other sites
Posted (edited)

Send it as soon as you are divorced.

The 90 day window only applies to joint filings - with a divorce waiver you can file at any time. It isn't like there is going to be any additional co-mingling evidence created after the divorce is it, so get it in as soon as the divorce is final.

Any evidence you have, include it. They will be most interested in evidence from date of gaining permanent residence ('resident from' date on your card) to present but anything of any age will be useful in building a complete picture.

 

Also, VISA is a credit card. You are a lawful (conditional) permanent resident, and not in the US on a visa.

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) 

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 - unable to conduct, as pending I-751 was still in Vermont, despite case transfer notice having been received.

April 2019: Filed request for Senator assistance.

 

Share this post


Link to post
Share on other sites
4 hours ago, mindthegap said:

Send it as soon as you are divorced.

The 90 day window only applies to joint filings - with a divorce waiver you can file at any time. It isn't like there is going to be any additional co-mingling evidence created after the divorce is it, so get it in as soon as the divorce is final.

Any evidence you have, include it. They will be most interested in evidence from date of gaining permanent residence ('resident from' date on your card) to present but anything of any age will be useful in building a complete picture.

 

Also, VISA is a credit card. You are a lawful (conditional) permanent resident, and not in the US on a visa.

Yea excuse the incorrect usage of terminology there!

 

Awww, so with the divorce I can indeed file any time! Thats interesting!

Share this post


Link to post
Share on other sites
On 8/19/2019 at 4:48 PM, Daniel Littleton said:

Awww, so with the divorce I can indeed file any time! Thats interesting!

I'm in the same situation and have heard the same thing - though my immigration attorney informed me that while filing late via divorce waiver may not negatively affect residency status, it does affect work eligibility. According to her, if your Green Card lapses, then you aren't eligible to continue working in the US until the ROC is filed and you've received the NOA.

Does anyone else have feedback on work eligibility in relation to the ROC process?

Share this post


Link to post
Share on other sites

H

On 8/22/2019 at 1:12 PM, Charlene/Neale said:

I'm in the same situation and have heard the same thing - though my immigration attorney informed me that while filing late via divorce waiver may not negatively affect residency status, it does affect work eligibility. According to her, if your Green Card lapses, then you aren't eligible to continue working in the US until the ROC is filed and you've received the NOA.

Does anyone else have feedback on work eligibility in relation to the ROC process?

Hi Charlene!

 

So sorry to hear about your situation.

 

Im not due to send in the Waiver as of yet, my Greencard of two years isnt up until March 2020, but I wanted to get the ball rolling now.

 

My main concern is evidence, if the previous evidence is good enough to resubmit or if I need more etc.

 

Not working would be an interesting issue thats for sure.

 

Wondered if you have already filed?

 

 

 

 

Share this post


Link to post
Share on other sites
16 hours ago, Daniel Littleton said:

My main concern is evidence, if the previous evidence is good enough to resubmit or if I need more etc.

 

I'll be filing this upcoming week!

What USCIS wants to see is evidence proving that you co-mingled your lives and have a genuine relationship from the time you got married onward - but particularly from the time you got your Green Card. Consider; if someone were committing marriage fraud maybe they'd have evidence of a good faith relationship up to the point of getting your Green Card and then let things slide.

You're going to want to submit a bulk of new evidence!

Share this post


Link to post
Share on other sites
On 8/22/2019 at 4:12 PM, Charlene/Neale said:

I'm in the same situation and have heard the same thing - though my immigration attorney informed me that while filing late via divorce waiver may not negatively affect residency status, it does affect work eligibility. According to her, if your Green Card lapses, then you aren't eligible to continue working in the US until the ROC is filed and you've received the NOA.

Get a new attorney - this is not correct.

 

 

 


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) 

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 - unable to conduct, as pending I-751 was still in Vermont, despite case transfer notice having been received.

April 2019: Filed request for Senator assistance.

 

Share this post


Link to post
Share on other sites

mindthegap, Hello there ! 
Hope you doing all good , I saw ur nice very well explained’ comments in I751 group & wanted to tell u about my case !
I’ve initially filed with divorcecourt’ papers  pending May/ 2018 , around 4 or 5 months later I’ve sent out to uscis in California center my final divorce decree & Bio has been done March/2019 , since then still waiting !! 
My concerns are that I’ve included in my package a printed texting that my ex wife have asked me to give her 500 each month along of next ten years in order to file jointly with me our I751 , also she said she won’t divorce me becouse it won’t help her to get good taxes return as single as it helps as being married ! All of these drove me mad & decided to file for divorce by myself ! Anyway our relationship was all the way awesome until financial troubles started as was working two jobs meanwhile she was sitting and enjoying time with her son&daughter whom later also started creating me troubles by insulting my race my country my family etc..., anyway my other concern is that I’ve also included printed PayPal showing I was sending her money lately before divorce as last amount was sent in order to pay rent and file jointly our i751 which ultimately I ended up doing it by myself ! So we didn’t have joint bank account all the time we being married since 2014 , cuz she has bankcrupcey as she used to withdraw money using my card and going with me cashing my checks and taking all the money since I was only following her and don’t say anything ! Yeah I loved her a lot and still love her but I realized I couldn’t ve continue living with her once our relationship turned out to be sick more and more ! 
Now I’m thinking if uscis will contact her or investigate things out cuz we are not talking now as lately she used to message me that I must leave USA and I’m done here and I scammed her and and ....i wasn’t responding to any of her words , I’m confident about telling truth to immigration in all outcomes , also I think sometimes what uscis will see her as the one who committed fraud ! Anyway as other evidences I’ve included Many photos , tax return , car title & insurance in common names , bills , messages and texts , divorce decree and a letter explains circumstances that lead us to broke down ! 
By the way I’ve cams to the US first time thru k1 visa , lived with my wife almost a year then left in the middle of adjustment of status ! I was patient enough to cope with life here as I wanted her to live with me in my home country , also I couldn’t tolerate her children in that time ! Later after stay home more than a year we kept contact and we regretted each other as I returned to the US with CR1 visa which was granted since we kept married , from there I live with her almost two years before divorce and the rest of my story filing to remove conditions in order to stand up again  if God wants 
Thank you in advance for reading

Edited by Envié

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...