Queries on Refiling I-751

[Alexmat1 9]

Background - I went through a divorce and filed for waiver of conditions in 2015. Since the divorce was pending, RFE requested divorce decree and as I couldnt provide it I got a Termination letter asking me to return my Green card in 2016 and to await NTA. I didnt do anything for the past couple of years and thought of reapplying I-751 this year. I didnt work during marriage and during divorce and after my Green card was terminated hasnt worked. So I have a long gap in work. I have the  following queries:

 

1) In the cover letter should I explain my gap in work and why I am not working now and how I support myself  ? (I would be requesting for a fee waiver and there public charge is one aspect considered for green card)

 

2) What is "Verification Letter" from social worker that is required for Fee waiver ? 

 

3) Does it make sense as a back up to use Good faith marriage waiver and also use hardship waiver ? Or stick to one ? My only hardship is I wont be able to see or involve in my childs upbringing
If I am using the hardship waiver, do I include an explanation of how the divorce occurred (her parents were the influencers who got her to file for divorce, citing different arguments between us)

 

4) Submission of Divorce decree - Do they need the full judgment or ONLY the divorce order is enough ? 

 

5) Should I give a reason for why I am re filing I-751 again after 3 years ? - Really speaking I need not re file and could wait for NTA. So should I explain why I am re filing it now ? 

 

6) Do I need to use mandatory certified mail or can I use normal post ? 

 

7) Co mingling of finances
My ex spouse made a lot of money and though we married out of love , her family had some influence on her that made her keep her finances not mingled. By the time I came to the US, she had already taken an apartment on lease, car on lease and had her own bank accounts and credit cards. I didnt know about the future need for co mingling (for I-751) and I asked her few times to add me but the banks told me I dont have any credit history. In short it didnt happen - no co mingled bank statement,credit cards,apartment lease,car lease,any other property. The only co-mingling was I was on her auto insurance and I was listed as beneficiary on her life insurance and I had medical insurance through her employer. 
Thus we dont have co mingled finances but we both have statements  that shows the same address. Would that be enough. We also have a child we share custody of.
Should I explain this more in the cover letter or should I be silent, and not draw attention and hopefully the separate bank statements that shows same address is considered enough of a proof ? 
Do you think our situation is unique that it warranties an explanation as a separate attachment (other than the cover letter)

 

😎 Affidavit.
During the time of our marriage we never ventured to meet anyone and thus have no common friends who knew us as couples. Just a friend of hers who I cant ask after the divorce. However there was a church priest who tried to work things out between us just after divorce was filed.He no more resides in the US. I have an statement from him signed that says he tried to mediate between us but it never worked. Would this be fine ? This is not notarized.

 

9) Where do I provide the history of the relationship ? Is that in the cover letter or is that a separate document ? How detailed and how many pages can that be ? 

 

10) My self declaration - Should I include details of our relationship and how we ended up divorcing and explaining the the marriage was a bonafide one through a declaration signed under penalty of perjury ? Or avoid this and have everything in the Cover letter itself ? 

 

11) Is it advisable to use highlighters to draw attention to my name/address etc in the documents I submit. I read in the USCIS instructions inbstructing not to do this - "Do not use highlighters or correction fluid or tape. The scanners we use will not properly read information that is greyed out, highlighted or corrected using correction fluid or tape."

 

12) Do I sign the cover letter

 

Thanks in advance for your help.

[Liam2021 561]

1 hour ago, Alexmat1 said:

I got a Termination letter asking me to return my Green card in 2016

My question: do you already finish to ROC on your GC, or USCIS already denied your ROC and revoked your GC?

If USCIS want to revoked your GC in 2016, you need to apply for another I-751 at that time. Why you wait until now to do that?. This is really critical.

right now, just apply for another I-751 and write a letter explain it to USCIS  .

Edited October 2, 2019 by H&T

[Villanelle 4,121]

Wow. Ok so you understand you have quite a bit of a problem here right? 

 

1. & 2. Personally I am quite curious as to how you have been supporting yourself since 2016 but you are under no obligation to explain to anyone here that if you dont want to.. Apparently you are not doing so well since you mention wanting to use the fee waiver... There is no public charge concern for ROC. However they most likely will also be interested in what youve been doing for money (illegal? drugs? hacking? ) or if you have been working illegally, not because those things would make you ineligible in themselves per say but to gauge your moral character and your ability to swear to the statement of I entered this marriage in good faith. To get the fee waiver you either show you receive welfare type benefits (youd have a social/case worker in that case) because if you get welfare you are under the poverty guidelines. Or if you do not get welfare you can send bank statements and expenses for them to consider. Not sure what you have to put down as income or expenses...

 

3. Hardship waivers are not what they sound like. Hardship is a very high standard. Do not use hardship w/o an attny. Even then its a last resort. Nothing wrong with plain old divorce waiver.

 

4. is the decree several pages? If so send it all. Is there something in the full documents you dont want them to see?

 

5. Not sure why you thought you had to wait for NTA to refile? You shouldve refiled right away so YOU WOULD HAVE A VALID PROOF OF STATUS and could have been working all this time.  So apparently you did not do any research on this. In most cases you need to file another 751 anyway because the judge can not adjudicate 751s

 

6 Just make sure you use a tracking number. If you want to add on more postal services go ahead but at a min get a tracking number.

 

7 8 9 10 Bank statements are NOT going to be enough.  It seems you do not have enough evidence to get approved. You are going to have to try really hard to come up with MORE. And yes, thats going to be hard because it was so many years ago now. Best of luck to you in this. Read the ROC forum for ideas and see what more you can come up with.

 

11. If it says highlighters should not be used (because it wont scan) then why oh why are you asking if you should still highlight? 

 

12 You should sign your statement. A cover letter that is just an outline of whats included does not need a signature but a statement does.

 

Please check out the forums (using search) for posts by @mindthegap about ROC denials and how to proceed. 

[mindthegap 2,537]

In hospital right now so this is not my usual long / rambling response.

Take a look through my recent prior posts on this subject and there are plenty of links and info. 

 

5) - file a new I751 ASAP, which you should have done as soon as you received the final divorce decree.

If you wait for an NTA you would eventually have to file one anyway to get your ROC approved since a judge cannot adjudicate / overturn any open or previously adjudicated ones.
USCIS must adjudicate each and every one on the evidence provided, (allegedly) without prejudice, and filing of multiple I-751s is expressly permitted (including in the instructions) right until the point of judgment against you in court, at which point you are no longer a LPR and cannot file an I-751.

Do not leave the US until you have filed, obtained your receipt, done biometrics, and gone to a USCIS for a current I-551 stamp. 

[Alexmat1 9]

On 10/1/2019 at 6:15 PM, H&T said:

My question: do you already finish to ROC on your GC, or USCIS already denied your ROC and revoked your GC?

If USCIS want to revoked your GC in 2016, you need to apply for another I-751 at that time. Why you wait until now to do that?. This is really critical.

right now, just apply for another I-751 and write a letter explain it to USCIS  .

USCIS denied ROC as I couldnt send the divorce order to them, the divorce was still pending in court. They said the status is terminated and send me a letter and asked me to wait for NTA. I waited for that and I didnt know I could refile another I-751. I am refiling for that now.

[Alexmat1 9]

20 hours ago, mindthegap said:

In hospital right now so this is not my usual long / rambling response.

Take a look through my recent prior posts on this subject and there are plenty of links and info. 

 

5) - file a new I751 ASAP, which you should have done as soon as you received the final divorce decree.

If you wait for an NTA you would eventually have to file one anyway to get your ROC approved since a judge cannot adjudicate / overturn any open or previously adjudicated ones.
USCIS must adjudicate each and every one on the evidence provided, (allegedly) without prejudice, and filing of multiple I-751s is expressly permitted (including in the instructions) right until the point of judgment against you in court, at which point you are no longer a LPR and cannot file an I-751.

Do not leave the US until you have filed, obtained your receipt, done biometrics, and gone to a USCIS for a current I-551 stamp. 

Do I need to write an explanation of why I am filing for the I-751 now instead of doing that in 2015 ? Or do I just mention in the covering letter in a paragraph that I waited for the NTA and I am refiling now. Not sure if that is a good enough reason for USCIS.

[Alexmat1 9]

I also read while going through the blogs

20 hours ago, mindthegap said:

In hospital right now so this is not my usual long / rambling response.

Take a look through my recent prior posts on this subject and there are plenty of links and info. 

 

5) - file a new I751 ASAP, which you should have done as soon as you received the final divorce decree.

If you wait for an NTA you would eventually have to file one anyway to get your ROC approved since a judge cannot adjudicate / overturn any open or previously adjudicated ones.
USCIS must adjudicate each and every one on the evidence provided, (allegedly) without prejudice, and filing of multiple I-751s is expressly permitted (including in the instructions) right until the point of judgment against you in court, at which point you are no longer a LPR and cannot file an I-751.

Do not leave the US until you have filed, obtained your receipt, done biometrics, and gone to a USCIS for a current I-551 stamp. 

I had as part of research before doing the I-751 again, went through a ton of blogs on Visa Journey. I couldnt find answers specific to my question. I will be grateful, if you could accomodate my queries whenever you find time.

 

Also I read that USCIS wants to see Tax transcripts than tax returns. The tax returns back in 2013,2014 when we lived together are no more available (IRS only goes back last three years). I assume the only option is to provide USCIS with the tax return copies I have from those years showing we filed together and write an explanation as to why I cannot get the tax transcripts anymore ? 

[Villanelle 4,121]

You will need to send multiple letters with your packet. One will be a letter of late filing explanation. This is required for late filings. It should be one page max explaining its a late filing and the reasons why ending with a request for them to please accept it. Another letter will be your statement (affidavit) outlining the relationship from courtship to divorce. You may also want to prepare a cover letter with basic info and and outline of what is included in the packet.

 

IRS will provide you with transcripts for ANY years you filed taxes. The online system may only go back 3 years but the IRS can and will give you more. You can try calling to request them but you may have to make an appt or do a walk in at a local IRS office. Bring your ID and they should be able to help you get the transcripts. If you want to use tax returns instead of transcripts you will need copies of ALL the W2s /1099s or whatever forms you used to fill out the return. 

 

Once more though you are going to have to come up with additional evidence. It seems all you have are bank statements going to the same address. And auto, life and medical insurance. Co-mingling does not necessarily mean having a joint account. It means sharing of bills and income. Do you have her bank statement copies? Do they show purchases/bills being paid out of 'her' account for things you used (ideally) or things you both used? Is there anything on your statements that you paid for for her or for household bills? 

 

Everyone has a different financial situation so you need to explain what yours was. Who paid for what and show proof. If she was financially better off and paid for everything for the household thats ok as long as you can show how it was. Is she supportive of you attempting ROC? Would she write a statement for you? Being aware if you submit a statement from her they can question her, so if you are unsure if she would sabotage you or not then you need to weigh the risk/benefit of including a statement from her.  

 

Its also a little concerning that you state you has no common friends and there is no one who knew you as a couple. That is a huge red flag. No one is required to have a large circle of friends but there should be people who know you as a couple. They dont even have to be 'friends'. Work colleagues, the mailman, the receptionist at the drs office. The clerk at the 711 that sees you guys come in every morning together. This is probably going to be hard because of how much time has passed. If you dont have affidavits from others its ok. You cant present what doesnt exist.  You are going to have to have a well written statement explaining this all though.

[mindthegap 2,537]

1 hour ago, Alexmat1 said:

Do I need to write an explanation of why I am filing for the I-751 now instead of doing that in 2015 ? Or do I just mention in the covering letter in a paragraph that I waited for the NTA and I am refiling now. Not sure if that is a good enough reason for USCIS.

You do not need a reason or excuse for filing a waiver I-751 or second one, so ‘good enough’ doesn’t come into it. It will be accepted. A waiver filing I-751 is permitted to be filed at any time zo is never classed as late, so a reason does not need to be given. This is different to a late filed JOINT I-751 where an acceptable reason must be given for it to be accepted  - the rules are different for waiver filings.

Having said that, a BRIEF cover letter wouldn’t hurt, a short paragraph that previous joint filing was denied due to not having divorce finalised so you enclose a new I-751 filed as a divorce waiver now. 
less is more. 
Do not forget to enclose a copy of the final divorce decree.

 

1 hour ago, Alexmat1 said:

Also I read that USCIS wants to see Tax transcripts than tax returns. The tax returns back in 2013,2014 when we lived together are no more available (IRS only goes back last three years). I assume the only option is to provide USCIS with the tax return copies I have from those years showing we filed together and write an explanation as to why I cannot get the tax transcripts anymore ? 

USCIS may want it, but tax returns are not a compulsory or required document for I-751 filing or approval,  and you can’t provide documents you don’t have or that don’t exist.

Edited October 3, 2019 by mindthegap

[Alexmat1 9]

On 10/1/2019 at 6:21 PM, Villanelle said:

Wow. Ok so you understand you have quite a bit of a problem here right? 

 

1. & 2. Personally I am quite curious as to how you have been supporting yourself since 2016 but you are under no obligation to explain to anyone here that if you dont want to.. Apparently you are not doing so well since you mention wanting to use the fee waiver... There is no public charge concern for ROC. However they most likely will also be interested in what youve been doing for money (illegal? drugs? hacking? ) or if you have been working illegally, not because those things would make you ineligible in themselves per say but to gauge your moral character and your ability to swear to the statement of I entered this marriage in good faith. To get the fee waiver you either show you receive welfare type benefits (youd have a social/case worker in that case) because if you get welfare you are under the poverty guidelines. Or if you do not get welfare you can send bank statements and expenses for them to consider. Not sure what you have to put down as income or expenses...

 

3. Hardship waivers are not what they sound like. Hardship is a very high standard. Do not use hardship w/o an attny. Even then its a last resort. Nothing wrong with plain old divorce waiver.

 

4. is the decree several pages? If so send it all. Is there something in the full documents you dont want them to see?

 

5. Not sure why you thought you had to wait for NTA to refile? You shouldve refiled right away so YOU WOULD HAVE A VALID PROOF OF STATUS and could have been working all this time.  So apparently you did not do any research on this. In most cases you need to file another 751 anyway because the judge can not adjudicate 751s

 

6 Just make sure you use a tracking number. If you want to add on more postal services go ahead but at a min get a tracking number.

 

7 8 9 10 Bank statements are NOT going to be enough.  It seems you do not have enough evidence to get approved. You are going to have to try really hard to come up with MORE. And yes, thats going to be hard because it was so many years ago now. Best of luck to you in this. Read the ROC forum for ideas and see what more you can come up with.

 

11. If it says highlighters should not be used (because it wont scan) then why oh why are you asking if you should still highlight? 

 

12 You should sign your statement. A cover letter that is just an outline of whats included does not need a signature but a statement does.

 

Please check out the forums (using search) for posts by @mindthegap about ROC denials and how to proceed. 

1&2 - I am living with a distant relative on a very reduced rent. Also borrowed money till I find a solution. I have promissory notes and the person I borrowed from can give a declaration if required. I keep my expenses extremely low. The divorce was expensive that wiped away what I had and I am fighting a court battle to get my share of the community property.

 

3- The first time I did I-751 I had an attorney who also put in the hardship waiver. It was as a backup in case the divorce waiver didnt go through. Should I keep the same strategy for second filing as well ? 

 

4- The total judgment is 60 pages with references to how the community property was split, custody issues, custody report etc etc. I have nothing to hide but I wonder if all those information helps them if they just want to see that I am now legally divorced which would be the first few pages (which is the divorce order I assume)

 

5- In fact I was told I still have status and I can wait for NTA. This advice was given at a free legal clinic.

 

7,8 - I have the following:

- Bank statements/Credit card statements in each spouses name showing the same house address - I have this spanning the time we were together

-Car insurance on both spouses name

- Credit card statements showing that we took vacations together and also with her family

- She had added me as a beneficiary on her disability insurance/life insurance/pension 

- We have a child together. I am still involved and share custody and in health/education related matters

- Affidavit from a parish priest that he tried to mediate and try to reconcile our relationship

- We knew each other three years before getting married - Has cards/emails etc through this period which we send to each other.

- Photographs from our marriage, during the trips we took together after marriage, with families etc

- Joint tax returns for the two years - Unfortunately I cannot get the transcripts from IRS as IRS only goes back 3 years from current year

- I had health insurance through her employer

- Her paystubs and license and my license showing the same address

- She paying for my trip back to my homecountry in the second year

 

Now that you mentioned, I am worried if this will be enough. Ours is a genuine marriage. We knew each other for 3 years before getting married. Parental influences drew us apart and it ended in divorce. We share a childs upbringing despite the long court battle. I was never on the lease, or had cojoined bank accounts with her. Do you think my chances are slim given the above proofs ? 

 

11 - Saw some filers on VJ using highlighters to point out the important facts so that the officer can peruse the documents easily.

 

[Alexmat1 9]

1 hour ago, Villanelle said:

You will need to send multiple letters with your packet. One will be a letter of late filing explanation. This is required for late filings. It should be one page max explaining its a late filing and the reasons why ending with a request for them to please accept it. Another letter will be your statement (affidavit) outlining the relationship from courtship to divorce. You may also want to prepare a cover letter with basic info and and outline of what is included in the packet.

 

IRS will provide you with transcripts for ANY years you filed taxes. The online system may only go back 3 years but the IRS can and will give you more. You can try calling to request them but you may have to make an appt or do a walk in at a local IRS office. Bring your ID and they should be able to help you get the transcripts. If you want to use tax returns instead of transcripts you will need copies of ALL the W2s /1099s or whatever forms you used to fill out the return. 

 

Once more though you are going to have to come up with additional evidence. It seems all you have are bank statements going to the same address. And auto, life and medical insurance. Co-mingling does not necessarily mean having a joint account. It means sharing of bills and income. Do you have her bank statement copies? Do they show purchases/bills being paid out of 'her' account for things you used (ideally) or things you both used? Is there anything on your statements that you paid for for her or for household bills? 

 

Everyone has a different financial situation so you need to explain what yours was. Who paid for what and show proof. If she was financially better off and paid for everything for the household thats ok as long as you can show how it was. Is she supportive of you attempting ROC? Would she write a statement for you? Being aware if you submit a statement from her they can question her, so if you are unsure if she would sabotage you or not then you need to weigh the risk/benefit of including a statement from her.  

 

Its also a little concerning that you state you has no common friends and there is no one who knew you as a couple. That is a huge red flag. No one is required to have a large circle of friends but there should be people who know you as a couple. They dont even have to be 'friends'. Work colleagues, the mailman, the receptionist at the drs office. The clerk at the 711 that sees you guys come in every morning together. This is probably going to be hard because of how much time has passed. If you dont have affidavits from others its ok. You cant present what doesnt exist.  You are going to have to have a well written statement explaining this all though.

She was already established when I came in to the country we reversed roles for a while. She earned and paid for the expenses. I have all the bank statements from her (as part of divorce discovery) but has only include quarterly statements for the I-751. Didnt want to send in 500 pages of statements alone. I can explain in cover letter about the financial set up of who paid what.

 

Its very true that we kept to ourselves. One neighbour who stayed right close by knew us as couples. The maintenance man knew us as couples. Other than that there was only one work colleague of my ex wife who met us as couples. We just kept to ourselves. There very few people who knew both of us have been lost with the flow of time. There are relatives on both sides of the family who stay out of the US who can write an affidavit, but not sure how much value would USCIS give to that.

 

The answers on this forum makes me worry if the success on my case is slim.

[mindthegap 2,537]

I-751s are adjudicated on the evidence provided. 

You have rights and are entitled to due legal process. Should it end up in court the onus  flips on USCIS  for them to show beyond a reasonable doubt that the marriage was entered into for the purposes of circumventing or evading immigration law, and not up to you to prove you didn’t (which is sort of how it is at the I-751 stage)