I have been waiting for almost 7 years for i751 approval

[Rosegrove 86]

On 4/5/2021 at 11:09 AM, DelayedinSS said:

I came to the US before my 16th bday. I only applied for my greencard because daca was not available to me. I also fell in love and thought marriage was the answer. I submitted my paperwork in 2011.

You thought marriage was the answer? The answer to what? 

[DoodlesLife 19]

@DelayedinSS

I think it is worth mentioning that you really have only two options to remove conditions through i-751:

 

1) Being separated (and not divorced) is a single enough reason to be denied I-751. If they reschedule your interview (that is if you are lucky enough), you will be denied on the spot. Hence, you need to get divorced and refile your paperwork as a divorce waiver. With a lawyer you can try to amend you petition and avoid paying a new fee, however it is really up too the officer who is reviewing your case - they can say you can't do it and have to file a new petition. I was lucky enough that my amendment was accepted (my lawyer cited that my case was pending for over 3 years so it is not my fault that I am refiling).

 

2) Move back in with your husband. If this is at all an option, then your case will be transferred to a new jurisdiction, where you have a chance of getting decent officer who might not leave you hanging for so long. However, if you were separated for such a long period of time, it might become an issue at the next joint interview.

 

I cannot comment on DACA, but it is moving to a different state and filing a divorce waiver that got my application moving. I filed joined  i-751 in march 2014, and after two interviews (second I was able to reschedule), I was approved I believe in May of 2019. I think it is worth mentioning that me and my ex had 20 years age difference - believed to be the primary reason they were giving me such  hard time.

 

Good luck with everything. People here can be very judgemental, but seeing that you have had issues with immigration since being a child, I can see why you are very tired of this nonsense. I hope it will get resolved soon.

 

 

[mindthegap 2,541]

1 hour ago, DoodlesLife said:

 Being separated (and not divorced) is a single enough reason to be denied I-751. If they reschedule your interview (that is if you are lucky enough), you will be denied on the spot. Hence, you need to get divorced and refile your paperwork as a divorce waiver. With a lawyer you can try to amend you petition and avoid paying a new fee, however it is really up too the officer who is reviewing your case - they can say you can't do it and have to file a new petition. I was lucky enough that my amendment was accepted (my lawyer cited that my case was pending for over 3 years so it is not my fault that I am refiling).

You can switch an existing joint petition to a divorce waiver at any time - in writing, at an infopass, or verbally at an interview where they will ask you to check the waiver box.
It is not in any way up to the officers discretion whether to accept a request to switch to a divorce waiver, and you do not need to refile an existing petition.This is established policy and clarified many times. 

If you are separated and not divorced or still in divorce proceedings at the time of switching to a waiver, they will RFE you for the final divorce paperwork, and if you can’t provide it, it will be denied.

 

Edited April 15, 2021 by mindthegap

[DoodlesLife 19]

57 minutes ago, mindthegap said:

You can switch an existing joint petition to a divorce waiver at any time - in writing, at an infopass, or verbally at an interview where they will ask you to check the waiver box.
It is not in any way up to the officers discretion whether to accept a request to switch to a divorce waiver, and you do not need to refile an existing petition.This is established policy and clarified many times. 

If you are separated and not divorced or still in divorce proceedings at the time of switching to a waiver, they will RFE you for the final divorce paperwork, and if you can’t provide it, it will be denied.

 

This is interesting, because I have a friend who tried to do it that way, and was told (via a returned package) to file a new a petition and pay a fee. I also know a person who was denied i-751 during the joint interview (because the spouse was not present) and was told, again, to file a new petition and pay a fee.

 

So, as usual, rules are there... but the officers themselves don't know them and cannot be held accountable for not following them. What else is new.

[mindthegap 2,541]

17 minutes ago, DoodlesLife said:

So, as usual, rules are there... but the officers themselves don't know them and cannot be held accountable for not following them. What else is new.

True story... many within USCIS make it up as they go, lie, and deceive - largely because they can, and for the most part are accountable to no-one. There are some good honest people there, but others are frankly scum and have no business in the position they are in. 

 

The 50+ page service motion request & complaint I recently sent regarding my recent second denied I-751 due to a very clear failure to follow policy and procedure is a perfect example of this, but I predict it will be ignored.....mainly because they can. 

 

 

[DelayedinSS 11]

I want to provide an update. I filed for divorce today. The court says the process can take 4 to 6 months to be finalized. I have not yet recieved my 2nd interview date. My husband is still refusing to attend the 2nd interview. Frankly, I dont want him there anyway. I feel like his attitude might be the reason we were not approved in 2015. I have retained a lawyer to help me convert the joint petition to a divorce waiver. He says I will not have to refile. This conflicts with what this forum says. I just hope I dont have to wait another 3 to 4 years before USCIS makes a decision on my case. Does anyone know how the divorce waiver might impact my n400 application? I filed that in Oct 2017.

[April M 28]

4 hours ago, DelayedinSS said:

I want to provide an update. I filed for divorce today. The court says the process can take 4 to 6 months to be finalized. I have not yet recieved my 2nd interview date. My husband is still refusing to attend the 2nd interview. Frankly, I dont want him there anyway. I feel like his attitude might be the reason we were not approved in 2015. I have retained a lawyer to help me convert the joint petition to a divorce waiver. He says I will not have to refile. This conflicts with what this forum says. I just hope I dont have to wait another 3 to 4 years before USCIS makes a decision on my case. Does anyone know how the divorce waiver might impact my n400 application? I filed that in Oct 2017.

I am so sorry to hear this. I just wanted you to know . 

[alicekitty 8]

Our case is somewhat different, but there was a similarly huge delay.

 

We filed our I-751 in November 2019. Got the receipt / extension letter in December 2019. Fingerprinting in February 2020. No news after that. Frustrating wait.

 

On June 20, 2021, we filed a request with USCIS to review our case because our timeline is outside of their normal time frame (very late!). Finally on July 6, 2021 we were told the ten-year green card has been approved. On July 9, 2021 the card arrived in the mail, phew!

 

You can find the online form to file the request on USCIS's website.

 

 

 

[Rocio0010 5,571]

22 minutes ago, alicekitty said:

Our case is somewhat different, but there was a similarly huge delay.

 

We filed our I-751 in November 2019. Got the receipt / extension letter in December 2019. Fingerprinting in February 2020. No news after that. Frustrating wait.

 

On June 20, 2021, we filed a request with USCIS to review our case because our timeline is outside of their normal time frame (very late!). Finally on July 6, 2021 we were told the ten-year green card has been approved. On July 9, 2021 the card arrived in the mail, phew!

 

You can find the online form to file the request on USCIS's website.

 

 

 

Not similar to op’s case in the slightest 

[USC4SPOUSE 506]

On 4/20/2021 at 1:43 PM, DelayedinSS said:

I want to provide an update. I filed for divorce today. The court says the process can take 4 to 6 months to be finalized. I have not yet recieved my 2nd interview date. My husband is still refusing to attend the 2nd interview. Frankly, I dont want him there anyway. I feel like his attitude might be the reason we were not approved in 2015. I have retained a lawyer to help me convert the joint petition to a divorce waiver. He says I will not have to refile. This conflicts with what this forum says. I just hope I dont have to wait another 3 to 4 years before USCIS makes a decision on my case. Does anyone know how the divorce waiver might impact my n400 application? I filed that in Oct 2017.

It is quite possible that his attitude might have contributed to USCIS not making a decision in 2015. I would definitely suggest submitting additional evidence of bona fide marriage and why not, even resubmitting everything you already submitted. I do not know if USCIS will automatically consider the evidence you already submitted as part of your divorce waiver. It's worth finding out if they do or not. 

 

Regarding the N-400, you are now eligible to apply based on the 5 year rule since you have been a permanent resident for at least 5 years. 

[Leo&Muffin 4]

On 7/9/2021 at 9:00 AM, alicekitty said:

Our case is somewhat different, but there was a similarly huge delay.

 

We filed our I-751 in November 2019. Got the receipt / extension letter in December 2019. Fingerprinting in February 2020. No news after that. Frustrating wait.

 

On June 20, 2021, we filed a request with USCIS to review our case because our timeline is outside of their normal time frame (very late!). Finally on July 6, 2021 we were told the ten-year green card has been approved. On July 9, 2021 the card arrived in the mail, phew!

 

You can find the online form to file the request on USCIS's website.

 

 

 

Would you mind guide me to the USCIS form to request case be reviewed due to long processing time?

[jakelake 222]

On 4/5/2021 at 2:09 PM, DelayedinSS said:

I came to the US before my 16th bday. I only applied for my greencard because daca was not available to me. I also fell in love and thought marriage was the answer. I submitted my paperwork in 2011.

That's a telling statement right there.

It seems that the marriage was not out of love but because you thought it was the best option to stay in the U.S. since DACA was not available.

You seem more concern about your job and staying in the U.S. 

You stated that after your first interview the officer mentioned that your I-751 was approved. If it was approved, then why would you think that the officer suspected fraud?

Why would you think of fraud if you believe that the marriage was in good faith? 

 

It has been over a year now, what is your status now? Are you still in the United States?

 

That is if you are still on visa journey. 

 

[Family 3,536]

On 4/3/2021 at 10:26 AM, DelayedinSS said:

Does anyone know if i can apply for Daca after being denied? I am daca eligible.

You can apply for “ initial “ DACA , since it has been more than 1 year that you have renewed DACA status, just show previously held status/ renewal 

https://www.uscis.gov/humanitarian/renew-your-daca

 

[Family 3,536]

6 minutes ago, Family said:

You can apply for “ initial “ DACA , since it has been more than 1 year that you have renewed DACA status, just show previously held status/ renewal 

https://www.uscis.gov/humanitarian/renew-your-daca

NO DACA initial or renewal possible until LPR status not terminated, my bad. Initiating self spanking…got lost down the rabbit hole in this thread .