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1 hour ago, Stuck in NY said:

 

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.

I'm waiting on my FOIA request and then I am strongly considering filing a writ of mamandus, given I-751 number 2 is now at almost 2 1/2 yrs since filing, and N-400 is now at 2 years since filing.. Did you use a NY attorney for the writ of mamandus?

 

Bonus: the FOIA should (hopefully unless redacted) give me full specifics of the extent of the lies my ex spouse told USCIS which led to the first I-751 denial and that I was never given a chance to refute

FOIA.jpg

Edited by mindthegap

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
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
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

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.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

 I-751 Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

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On 2/10/2020 at 10:19 AM, fromthewater said:

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...

There are better reasons for denial i.e. missed the 90 day window but my denial was one of the really bad ones. My ex and his attorney contacted USCIS and claimed that I didn't marry him in good faith. Immigration never acknowledged that. I found out from my ex. I went to I-751 interview with the divorce finalized and they denied based on lack of evidence two months later. I refiled I-751 and filed 290B all the same week.

 

Some people here say don't send too many papers and be brief and straight to the point but my packages were close to 500 pages each. My statement/letter/explanation, whatever you call it, was 14 pages alone. I just forked over everything, literally. I figured, if you claim not having enough evidence, fine, I'll give you evidence. I called everyone I could. I even made Kennedy Space Center dig up our photos from when we were there for the last shuttle launch.

 

USCIS had my paperwork for 3 years almost to date. I filed my second I-751 & 290B in April of 2016 and got the approval in May of 2019. I went about 2x year to NYC office to get a stamp and inquire about my case, before they purged appointments on their website. They never told me anything useful. They never sent me an RFE. I was waiting for a NTA (and periodically calling the automated court number) but it never came either. They told me that they will call me in for an interview "when it's your turn", whatever that means. Instead, one day I found the approval in my mailbox. I guess writing emotional 14 pages on how much of a (removed) my ex was did help at the end. 

 

**Just want to emphasize that this is my experience and not an advice by any means** 

Good luck y'all fighting a denial, one day you'll put it behind you. 

Edited by Unlockable
Edited for language
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7 hours ago, uilliu said:

There are better reasons for denial i.e. missed the 90 day window but my denial was one of the really bad ones. My ex and his attorney contacted USCIS and claimed that I didn't marry him in good faith. Immigration never acknowledged that. I found out from my ex. I went to I-751 interview with the divorce finalized and they denied based on lack of evidence two months later. I refiled I-751 and filed 290B all the same week.

 

Some people here say don't send too many papers and be brief and straight to the point but my packages were close to 500 pages each. My statement/letter/explanation, whatever you call it, was 14 pages alone. I just forked over everything, literally. I figured, if you claim not having enough evidence, fine, I'll give you evidence. I called everyone I could. I even made Kennedy Space Center dig up our photos from when we were there for the last shuttle launch.

 

USCIS had my paperwork for 3 years almost to date. I filed my second I-751 & 290B in April of 2016 and got the approval in May of 2019. I went about 2x year to NYC office to get a stamp and inquire about my case, before they purged appointments on their website. They never told me anything useful. They never sent me an RFE. I was waiting for a NTA (and periodically calling the automated court number) but it never came either. They told me that they will call me in for an interview "when it's your turn", whatever that means. Instead, one day I found the approval in my mailbox. I guess writing emotional 14 pages on how much of a (removed) my ex was did help at the end. 

 

**Just want to emphasize that this is my experience and not an advice by any means** 

Good luck y'all fighting a denial, one day you'll put it behind you. 

Hi, 

did you file with a divorce waiver? What if you don’t file within that 90 day window? Can you get an extension? 

Must we submit all evidence when filing? We never had any joint account, only a child but I don’t have any recent pictures or birth cert. 

Divorce is in process. What evidence will I need to submit if I self petition? What did they ask about the divorce? Can my suppose report to Uscis for the marriage not being bona fide? Do they take such complaints seriously to deny the application? 

 

Thanks 

Edited by Unlockable
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12 hours ago, Stuck in NY said:

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.

Hi, 

of you don’t mind sharing, can you plz tell us what did your ex disclose to Uscis. Did they take those allegations seriously? Did your ex try to prove that the relationship was not bona fide? Did you provide enough evidence then?

and how long did all this take after you submitted the i751?

thanks 

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*** Posts edited to remove foul language

This is a reminder to all to not use any foul language on this forum. We know the immigration process can be stressful and trying but using foul language is not permitted on here what so ever.

Also, please do not hijack the OP's thread. To discuss cases or ask questions about other member's cases, please start you own thread.

 

VJ Moderation

Edited by Unlockable

“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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4 hours ago, Noor881 said:

Hi, 

of you don’t mind sharing, can you plz tell us what did your ex disclose to Uscis. Did they take those allegations seriously? Did your ex try to prove that the relationship was not bona fide? Did you provide enough evidence then?

and how long did all this take after you submitted the i751?

thanks 

He only made sworn statements on 3 occasions at NYC field office that I had committed marriage fraud despite the fact  that we had been married for 6 years. USCIS quoted his statements in response to the Mandumus Action. I managed to rebut the allegations by writing a 8 page response outlining specific facts about the marriage. In the end I got my permanent GC and subsequent citizenship.


 

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16 hours ago, mindthegap said:

I'm waiting on my FOIA request and then I am strongly considering filing a writ of mamandus, given I-751 number 2 is now at almost 2 1/2 yrs since filing, and N-400 is now at 2 years since filing.. Did you use a NY attorney for the writ of mamandus?

 

Bonus: the FOIA should (hopefully unless redacted) give me full specifics of the extent of the lies my ex spouse told USCIS which led to the first I-751 denial and that I was never given a chance to refute

FOIA.jpg

Yes I used a NY attorney. Make sure you have all your proof because in the end it’s what’s really going to help you.

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6 hours ago, Stuck in NY said:

He only made sworn statements on 3 occasions at NYC field office that I had committed marriage fraud despite the fact  that we had been married for 6 years. USCIS quoted his statements in response to the Mandumus Action. I managed to rebut the allegations by writing a 8 page response outlining specific facts about the marriage. In the end I got my permanent GC and subsequent citizenship.


 

Congrats on success. So glad things worked out for you.  So he sent a complaint to the nyc field office? And that’s where your case was being handled? 

Did you have a child in the marriage? Would that make any difference in my case? Because that is all we have as proof and nothing else

not until you filed the mandamus, you actually got to know the reason for denial? Because they don’t usually share that right?

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16 minutes ago, Noor881 said:

not until you filed the mandamus, you actually got to know the reason for denial? Because they don’t usually share that right?

They always give a reason for denial, to the extent of citing the applicable section of law....whether or not they elaborate on specifics may vary.

Edited by mindthegap

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
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
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

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.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

 I-751 Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

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1 hour ago, mindthegap said:

They always give a reason for denial, to the extent of citing the applicable section of law....whether or not they elaborate on specifics may vary.

Okay thank you so much. I am in my 90 day window right now. But I don’t have enough evidence to send with my I-751 yet.

should I file with a waiver? How long will the review take after this and when will they ask for additional supporting documents ? And after this how long did it take for the actual interview? 

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Filed: Citizen (apr) Country: Brazil
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On 2/13/2020 at 12:49 PM, Noor881 said:

Did you have a child in the marriage? Would that make any difference in my case? Because that is all we have as proof and nothing else

You're going to need a lot more evidence than just having a child.  Documents that show joint ownership of property, joint residence, joint bank accounts, credit card accounts, etc. will be necessary.  Filing with a divorce waiver does not mean you get a pass on evidence, you will still need to show that for the period of the marriage, it was bona fide.  Without that you will likely be denied.

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On 2/12/2020 at 1:02 PM, Stuck in NY said:

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.

When did you start taking those actions? After your case went out of normal processing time?

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On 2/12/2020 at 7:47 PM, uilliu said:

There are better reasons for denial i.e. missed the 90 day window but my denial was one of the really bad ones. My ex and his attorney contacted USCIS and claimed that I didn't marry him in good faith. Immigration never acknowledged that. I found out from my ex. I went to I-751 interview with the divorce finalized and they denied based on lack of evidence two months later. I refiled I-751 and filed 290B all the same week.

 

Some people here say don't send too many papers and be brief and straight to the point but my packages were close to 500 pages each. My statement/letter/explanation, whatever you call it, was 14 pages alone. I just forked over everything, literally. I figured, if you claim not having enough evidence, fine, I'll give you evidence. I called everyone I could. I even made Kennedy Space Center dig up our photos from when we were there for the last shuttle launch.

 

USCIS had my paperwork for 3 years almost to date. I filed my second I-751 & 290B in April of 2016 and got the approval in May of 2019. I went about 2x year to NYC office to get a stamp and inquire about my case, before they purged appointments on their website. They never told me anything useful. They never sent me an RFE. I was waiting for a NTA (and periodically calling the automated court number) but it never came either. They told me that they will call me in for an interview "when it's your turn", whatever that means. Instead, one day I found the approval in my mailbox. I guess writing emotional 14 pages on how much of a (removed) my ex was did help at the end. 

 

**Just want to emphasize that this is my experience and not an advice by any means** 

Good luck y'all fighting a denial, one day you'll put it behind you. 

Thank you for sharing! It's shocking how it took another 3 years for your appeal to go through.

 

Did they share with you what your ex and his attorney provided USCIS to claim it's not in good faith?

 

I didn't write any personal letters besides my friends' letters. I wasn't sure whether USCIS would care about how my ex cheated, was often intoxicated, and was abusive (because I don't have a lot of physical/mental abusive evidence other than his emails, so I also wasn't sure how much I should disclose to them without evidence nor did I do a abused waiver.)

My lawyer of filing told me I should have enough evidence...

 

My ex also wouldn't agree to the divorce unless we agreed to have the separation date in the month, which was before/same month I received my conditional GC...

I am worried that looks really bad for the immigration point of view. Because it's saying we parted ways before I got my initial GC, which was not true, we lived together for another 6+ months...

But at the same time, if we didn't divorce, I can't do I-751 without a decree. So I agreed to the date just so I could divorce them...

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On 2/12/2020 at 2:17 PM, mindthegap said:

I'm waiting on my FOIA request and then I am strongly considering filing a writ of mamandus, given I-751 number 2 is now at almost 2 1/2 yrs since filing, and N-400 is now at 2 years since filing.. Did you use a NY attorney for the writ of mamandus?

 

Bonus: the FOIA should (hopefully unless redacted) give me full specifics of the extent of the lies my ex spouse told USCIS which led to the first I-751 denial and that I was never given a chance to refute

FOIA.jpg

Please share with us when you hear from USCIS of what your ex claimed/ sent to them......

 

They didn't give you specific denial reasons besides "not properly filed?

 

Any reasons you didn't also file a appeal along with the 2nd I-751?

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