Help! Removal of conditions DENIED!

[dwheels76 5,460]

3 hours ago, CharLDN said:

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.

But did you respond to the RFE in the time allowed? Was there one or two RFE's?

 

Best to just refile a new RFE with the same evidence you sent with the RFE and before. Now with pregnancy, ultrasound and all that relationship/marriage stuff.

[Amadia 711]

3 hours ago, CharLDN said:

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

^^^^ 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.

[DSOTM1973 52]

53 minutes ago, Amadia said:

^^^^ 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.

It is really rare that USCIS send two RFEs these days. I am sure it happened before, but if they are not satisfied after the first response, they definitely move it the field office since that is what they been doing lately to avoid backlog. The OP's case been pending for two years before a decision so my safe guess is they lost the response, which happens. 

 

Then again, I don't think that should be the focus or the advice to the OP to keep asking or calling to know how many RFE she got. The OP needs to send a new I-751 form with updated evidence and explain in a cover letter the situation, and call USCIS to make sure they got the right address on file. The more they delay doing that, the more likely they will be put in removal. 

[mindthegap 2,521]

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 it is a mission even getting to speak to someone with half a brain, let alone act on it...and an I-290B is a waste of time here.....so honestly your best bet it to refile, and quickly.

You have already waited far too long.

 

Anyway, I have also unfortunately experienced this.

Firstly, do not panic.You remain a LPR until an immigration judge says otherwise, despite what the scary letter says. You are just sort of in a weird semi-limbo right now (welcome to my world) but you absolutely retain your work rights and responsibilities as a LPR.

If you are eligible to file your N-400 you can also do that too once you have refiled.

Also double check that your address change is correct on their systems - file an online AR11 if necessary, and follow it up with a phone call to the mis-information line to verify.

 

It goes without saying DO NOT LEAVE THE US right now.

Once you refile, immediately make and attend an infopass appointment with the new extension letter you will receive, and get an I-551 stamp in your passport (which will be annotated 'TC1' indicating it is a refile/re-open).

Then - and only then - are you safe to leave the US and re-enter. The I-551 stamp will act as your oroof of status, and you will have to get it redone every 12 months.

You will have a fresh receipt number for the refile, which will be the one you use going forward.

 

Also, every time you re-enter the US with that stamp, you will have a quick visit to secondary. No drama or massive deal, they just need to verify. You will be stamped in as normal as LPR or ARC (NOT paroled in, as you remain an LPR)

 

 

 

 

6 hours ago, CharLDN said:

Has anyone refiled within the US? 

Yes.

 

6 hours ago, CharLDN said:

What forms am I filing this time? 

The same I-751 you filed before, with another cheque for filing and for biometrics. You do not need to file an I-485.

 

Put a cover letter in stating denial was for them not receiving your response to your RFE, and send it via fedex or something fully trackable and FAST.

The answer to the question/box asking if you are in removal proceedings is currently NO (and will remain so unless you receive an NTA or other letter from the court before you refile.)

Enclose any fresh evidence you have to date. Previous evidence already submitted in the denied I-751 can be used for this filing if you don't have copies - they can view and reference other filings when viewing and adjudicating this one.

 

4 hours ago, DSOTM1973 said:

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,

Correct. I refiled within just a couple of days and to date (almost 2.5years ago) no NTA or any other court notification received and nothing on the automated line - seems if you catch it quickly enough it stays wholly within USCIS.

 

 

Act quickly - speed is in your best interests here.

 

 

 

Edited February 5, 2020 by mindthegap

[uilliu 5]

I had I-751 denied, and I both refiled I-751 AND filed 290B. Had both pending few a few years. It got approved through 290B at the end so it was not a total waste. 

[Amadia 711]

@DSOTM1973 it is baffling why you chose to quote my post when other members who replied to OP mentioned the reason behind it/how many RFEs received.....I simply stated that OP moving was a possibility for USCIS not knowing the new address and having the RFE sent to the old address because it happens. Also, no person gets put into removal proceedings immediately after getting a denial notice....every thing is a process. Even if OP ends up in front of an immigration judge, OP still has the opportunity to present evidence to said judge because we are all entitled to go through due process.

[carmel34 3,531]

22 hours ago, CharLDN said:

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.

Will

Living Will

Power of Attorney

Driver's licenses showing same home address

Joint ownership of vehicles

Beneficiary on life insurance

Beneficiary on retirement accounts

Joint credit card account statements

Utility bills, water, electric, internet, cable TV, showing both names at same address

Christmas cards or other correspondence received showing both names at same address

Any other mail with both names at same address such as gym memberships, club memberships, etc.

Actual boarding passes from trips taken together, passport stamps showing same entry/exit, hotel receipts showing both your names

Affidavits from friends and family attesting to the ongoing marital relationship

 

 

 

 

[SunflowerSweet 1,321]

I agree about the lack of evidence of cohabitation. Interesting with the two joint-owned properties.

 

OP, is it possible that with two properties, and only seeing pictures of you together on vacations, that there was a suspicion that you live separately at the two different addresses?

 

It’s really hard to know what happened or if refiling everything you already submitted will be helpful without more information on what was asked for in the RFEs.

Edited February 6, 2020 by MorganandMichael

[NikLR 13,220]

When you provided the joint bank account statements what did you include? Many people tend to include the first page and they need the entire statement. 

[tu2008 97]

Simply providing evidence is not enough. It is best to include a list of evidence saying

Exhibit A: Evidence of co-habitation - joint deed of property or lease

Exhibit B: co-mingling of finances - bank statements, utility bills,  

Exhibit C : shared responsibility of liabilities - tax returns, credit card statements,

Exhibit D : life planning - healthcare proxy, wills, account beneficiary for life insurance, retirement plans

Exhibit E: shared life so far- vacations together

 

All other rest of the evidence people provide is quantity over quality esp. club memberships, cards, messages etc. Those are needed if the above five are weak.

 

You need to clearly connect the dots for them. They will not do it for you. 

 

Most applications get derailed if Exhibit A of co-habitation is not complete or not clearly explained. It puts everything else into higher scrutiny. Time and again I have seen on this forum people make this mistake.

[fromthewater 11]

On 2/5/2020 at 3:08 PM, mindthegap said:

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 it is a mission even getting to speak to someone with half a brain, let alone act on it...and an I-290B is a waste of time here.....so honestly your best bet it to refile, and quickly.

You have already waited far too long.

 

Anyway, I have also unfortunately experienced this.

Firstly, do not panic.You remain a LPR until an immigration judge says otherwise, despite what the scary letter says. You are just sort of in a weird semi-limbo right now (welcome to my world) but you absolutely retain your work rights and responsibilities as a LPR.

If you are eligible to file your N-400 you can also do that too once you have refiled.

Also double check that your address change is correct on their systems - file an online AR11 if necessary, and follow it up with a phone call to the mis-information line to verify.

 

It goes without saying DO NOT LEAVE THE US right now.

Once you refile, immediately make and attend an infopass appointment with the new extension letter you will receive, and get an I-551 stamp in your passport (which will be annotated 'TC1' indicating it is a refile/re-open).

Then - and only then - are you safe to leave the US and re-enter. The I-551 stamp will act as your oroof of status, and you will have to get it redone every 12 months.

You will have a fresh receipt number for the refile, which will be the one you use going forward.

 

Also, every time you re-enter the US with that stamp, you will have a quick visit to secondary. No drama or massive deal, they just need to verify. You will be stamped in as normal as LPR or ARC (NOT paroled in, as you remain an LPR)

 

 

 

 

Yes.

 

The same I-751 you filed before, with another cheque for filing and for biometrics. You do not need to file an I-485.

 

Put a cover letter in stating denial was for them not receiving your response to your RFE, and send it via fedex or something fully trackable and FAST.

The answer to the question/box asking if you are in removal proceedings is currently NO (and will remain so unless you receive an NTA or other letter from the court before you refile.)

Enclose any fresh evidence you have to date. Previous evidence already submitted in the denied I-751 can be used for this filing if you don't have copies - they can view and reference other filings when viewing and adjudicating this one.

 

Correct. I refiled within just a couple of days and to date (almost 2.5years ago) no NTA or any other court notification received and nothing on the automated line - seems if you catch it quickly enough it stays wholly within USCIS.

 

 

Act quickly - speed is in your best interests here.

 

 

 

 

On 2/5/2020 at 6:14 PM, uilliu said:

I had I-751 denied, and I both refiled I-751 AND filed 290B. Had both pending few a few years. It got approved through 290B at the end so it was not a total waste. 

Can you share what were the reasons USCIS decided to deny your cases? 

And what did you do differently?

 

I am also going through a waiver filing and kind of worrying...

[fromthewater 11]

On 2/5/2020 at 9:03 AM, Stuck in NY said:

I filed mine in September 2015 and got approved April 2019, that’s because my ex tried to derail it.

How can the USC try to derail it?

 

I am asking because my ex is trying to do the same... Contacting USCIS and falsely claiming we separated earlier than we actually did... Does that hold any meaning to the USCIS?

Edited February 10, 2020 by fromthewater

[Stuck in NY 1]

20 hours ago, fromthewater said:

How can the USC try to derail it?

 

I am asking because my ex is trying to do the same... Contacting USCIS and falsely claiming we separated earlier than we actually did... Does that hold any meaning to the USCIS?

Yes! USCIS actually listens to allegations made by US  citizen spouses. In my case my file was put on hold for a long time and USCIS wasn’t telling me the reason to why they weren’t processing my application until I filed a Right of Mandamus through my attorney.

[fromthewater 11]

11 hours ago, Stuck in NY said:

Yes! USCIS actually listens to allegations made by US  citizen spouses. In my case my file was put on hold for a long time and USCIS wasn’t telling me the reason to why they weren’t processing my application until I filed a Right of Mandamus through my attorney.

Wow! That is crazy!

 

Do you might sharing or I DM you for the details?

My ex claimed that he contacted USCIS and ICE, and that ICE contacted him back. This was back in 2018 or 2019 though before I filed my I-751.

I am not sure if that holds anything or the other things he did would impact my case......

 

So I am kind of wondering what exactly your ex told USCIS. And what details did you have to get your case moving again/ prove bona fide marriage.

I actually never thought USCIS would take consideration of those non sense information... since the right to grant immigration benefit is not up to the USC as know.

Edited February 11, 2020 by fromthewater

[Stuck in NY 1]

21 hours ago, fromthewater said:

Wow! That is crazy!

 

Do you might sharing or I DM you for the details?

My ex claimed that he contacted USCIS and ICE, and that ICE contacted him back. This was back in 2018 or 2019 though before I filed my I-751.

I am not sure if that holds anything or the other things he did would impact my case......

 

So I am kind of wondering what exactly your ex told USCIS. And what details did you have to get your case moving again/ prove bona fide marriage.

I actually never thought USCIS would take consideration of those non sense information... since the right to grant immigration benefit is not up to the USC as know.

You need to submit service inquiries and document all their responses. Give it time and if nothing is being done about your case then I would advice you to seek help from an immigration attorney.

In my case I had exhausted all means and a Right of Mandamus is what helped. I got to find out what exactly my ex had disclosed to USCIS and I was also given a chance to rebut those allegations.

Edited February 12, 2020 by Stuck in NY