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CharLDN

Help! Removal of conditions DENIED!

By CharLDN in Removing Conditions on Residency General Discussion

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CharLDN Newbie

CharLDN   0

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Filed: Lift. Cond. (pnd) Country: United Kingdom
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Hello, 

My removal of conditions was denied January 22nd due the USCIS claiming they had not received the evidence requested by them.

I entered in August 2014 on a K1 visa, adjusted status accordingly, have worked and travelled since 2015 and now my petition is denied after failure to respond to an RFE (which we did) 

I was advised by a lawyer to refile the entire petition from within the US rather than appeal as the chances of a successful appeal are slime to none. 

 

Has anyone refiled within the US? 

What forms am I filing this time? 

Any help is appreciated. 

 

Leaving is not an option as I am 6 months pregnant with our 1st baby! 

 

Thank you in advance for any help you can provide during this extremely stressful time.

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DSOTM1973
DSOTM1973

Your lawyer's advice is the best. YOU NEED TO ACT fast. You only need to file a new I-751 with updated evidence (look on the website of what to send).   If the Denial letter specifically say

mindthegap
mindthegap

Sort of curious as to whether this is a denial because they didn't receive your response to the RFE....or whether they sent a second RFE. You could request it be reopened which does happen, but i

Amadia
Amadia

^^^^ This could be your issue. Maybe they mailed something to your old address for an RFE before you updated your address with them, and you did not get it so you could not respond.

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Boiler Grand Master

Boiler   43,434

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Filed: K-1 Visa Country: Wales
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When did you file to remove conditions?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Just Paul Veteran

Just Paul   4,591

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Filed: Citizen (apr) Country: Philippines
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3 minutes ago, CharLDN said:

Has anyone refiled within the US? 

You should only be filing in the US.   You are an LPR

4 minutes ago, CharLDN said:

What forms am I filing this time? 

Same Form I-751

 

What was the RFE for?

 

Yes sometimes it is faster to refile than appeal.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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CharLDN Newbie

CharLDN   0

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Filed: Lift. Cond. (pnd) Country: United Kingdom
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4 minutes ago, Boiler said:

When did you file to remove conditions?

August of 2017

Yes, it has taken them 2 and a half years. 

4 minutes ago, Paul & Mary said:

You should only be filing in the US.   You are an LPR

Same Form I-751

 

What was the RFE for?

 

Yes sometimes it is faster to refile than appeal.

And I-485 at the same time?

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Boiler Grand Master

Boiler   43,434

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Filed: K-1 Visa Country: Wales
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Something seems to have seriously gone amiss, not sire if I have come across one that long.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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arken Mentor

arken   4,197

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Filed: F-2A Visa Country: Nepal
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Posted (edited)
9 minutes ago, CharLDN said:

August of 2017

Yes, it has taken them 2 and a half years. 

And I-485 at the same time?

No i-485, you are already past that phase.

 

Refiling i-751 doesn’t ensure the approval if you don’t provide good evidences. What was asked in the RFE and what did you provide? It seems what you provided wasn’t good enough. You don’t want to repeat the same.

Edited by arken

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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CharLDN Newbie

CharLDN   0

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Filed: Lift. Cond. (pnd) Country: United Kingdom
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Just now, arken said:

No i-485, you are already past that phase.

 

Refiling i-751 doesn’t ensure the approval if you don’t provide good evidences. What was asked in the RFE? It seems what you provided wasn’t good enough. You don’t want to repeat the same.

Provided tax returns for 2 years, joint bank statements, photos for trips to Mexico, St Vincent and the Grenadines, Croatia, Italy, Grand Canyon, Germany all with flight itineraries, joint car and medical insurance and deeds to two properties we own jointly ($900,000 total) 

I don't know what more we could have provided.

 

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geowrian Grand Master

geowrian   22,335

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Filed: Lift. Cond. (pnd) Country: Philippines
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Posted (edited)

Do you have evidence of sending the RFE response to them (like a tracking number showing it was delivered to their address)?

Edited by geowrian

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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CharLDN Newbie

CharLDN   0

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Filed: Lift. Cond. (pnd) Country: United Kingdom
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10 minutes ago, geowrian said:

Do you have evidence of sending the RFE response to them (like a tracking number showing it was delivered to their address)?

No. It was so long ago and we moved house so have no idea where the receipt is.

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Unlockable Mentor

Unlockable   7,306

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Filed: Citizen (pnd) Country: Dominican Republic
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*** Thread moved to "Removing Conditions on Residency General Discussion"

 

VJ Moderation

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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geowrian Grand Master

geowrian   22,335

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Filed: Lift. Cond. (pnd) Country: Philippines
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2 minutes ago, CharLDN said:

No. It was so long ago and we moved house so have no idea where the receipt is.

When was the RFE sent & when did you respond?

Normally there are only a few months (84 days + 3 days mailing period = 87 days IIRC?) to respond to an RFE. Failure to respond will result in a denial.

 

What I'm getting at is it sounds like this RFE was well more than 3 months ago. If so, maybe they sent another RFE that you never got?

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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Ash.1101 Experienced

Ash.1101   1,755

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Filed: Lift. Cond. (apr) Country: Canada
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20 minutes ago, geowrian said:

When was the RFE sent & when did you respond?

Normally there are only a few months (84 days + 3 days mailing period = 87 days IIRC?) to respond to an RFE. Failure to respond will result in a denial.

 

What I'm getting at is it sounds like this RFE was well more than 3 months ago. If so, maybe they sent another RFE that you never got?



I agree that it sounds like there was a second RFE sent.

Moving while applications are in process are one of the top reasons people get denied because they either didn't update their new address or even if they did USCIS didn't update the new address and then sent RFE's to the old one.

It also sounds like a lot of the proof was financial related but not necessarily proof of living together, which could have been what the second RFE was for.

*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

 K-1:   2015 Done in 208 days - 212g for Second Cosponsor    

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              

                                         
 AOS:   2016 Done in 77 days - No RFE, No Interview                                                                    

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 
 


ROC:   2018 - 2019 Done in 326 days - No RFE, No Interview

Spoiler

 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension received (Courtesy Copy)

09/18/18 - Request for official 18 month extension
10/22/18 - Official 18 month extension received 

02/27/19 - Biometrics waived 

04/29/19 - New card being produced!
05/09/19 - USPS delivered green card! In hand now!

 

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DSOTM1973 Explorer

DSOTM1973   52

Posted
Filed: AOS (apr) Timeline
Posted

Your lawyer's advice is the best. YOU NEED TO ACT fast. You only need to file a new I-751 with updated evidence (look on the website of what to send).

 

If the Denial letter specifically say you didn't respond to evidence. In your cover letter, state that you are re-filling, and that you responded to the RFE you received. 

 

MAKE SURE YOU RE-FILE FAST BEFORE THEY PUT YOU IN REMOVAL. It is not as scary as it seems, it is just once you are in the court system, you stay in the system until judge say otherwise,

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