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CanadaEx

Request for Evidence on i751, with pending N400

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Filed: TN Visa Country: Canada
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Hello All,
I just got a mail asking me to submit a Request for Evidence for I751 Application. I submitted the application Feb 2019 when I was going through my divorce. The i751 was was based on battery and/or extreme cruelty.
Meanwhile, I applied for N400 on the basis of VAWA at the 3 year mark of obtaining the G.C. and while i751 is still pending. Please note that I used the same battered/cruelty evidences that I used for my i751for my N400.
I was invited for interview in early July, and the USCIS asked me to talk about the abuse, I talked about it for a while, and I found my self shaking, and almost hugging my suitcase it seems I was relieving the episodes all over again. I apologized and told the officer that all the evidences are there in my file. She proceeded to do the N400 interview which actually brought me out of the relieving the trauma again. 3 weeks later I got the request for more evidence. I have given all the evidences that I have namely, 3 police reports(one for when I was locked out of the house, another for throwing an object at me inuring my eye and another for stealing my property) , the Radiologist picture of trauma to the back of my head, Urologist report showing scare tissue in my male anatomy, Psychologist Report that the radiologist sent me to seek counseling and Receipt of Cab that I took to work, on the day she seized my car keys thereby preventing me to go to work.  The Psychologist advised me to move out of the house, that  it was not safe for me to continue to live there. Upon learning that I was told to leave the house, she went and file for divorce. 
My ask is can I resubmit the same evidences again, perhaps a lawyer's submission of the same evidences with Lawyer's explanation? Please let me know what additional evidence that I should submit.?
Thanks in advance for your inputs.

Canadaex 

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Edited.

 

Did the RFE list anything specific? 

 

I know there's free immigration help for victims of abuse out there, I feel sending the same evidence again wouldn't resolve your case, especially if they were looking for something more specific. 

Edited by HarryWL
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Filed: Citizen (apr) Country: Kenya
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Here's the VAWA thread

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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Best approach is to carefully read the RFE and review your initial Statement of Abuse and evidence of joint life you sent in .

 

DO NOT just re send the same copies as response.
 

Draft a new Statement of Abuse that ref the list of evidence at initial filing , add any details you may have missed ( direct quotes of vulgar language, threats ..if any) 

 

ADD Affidavits from friends/ family/neighbors that you had confided in or had witnessed rough fights w ex ( get those notarized w a Jurat) These can serve to validate either abuse or bonafides of marriage. 
 

Add evidence of Joint Life you may have missed at filing ( utility bills , financials statements for the period you lived together, cars ..anything e shared address ) and detail your married life . 

 

 

Go see your Therapist for a session or two to substantiate the lingering aftermath of your Lorena Bobbit ex. 

 


 

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Filed: Citizen (apr) Country: Australia
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What did the RFE specifically ask for?

 

You can post the actual letter as long as personal info is redacted. It can help us give better advice. 

K1 to AOS                                                                                   AOS/EAD/AP                                                                      N-400

03/01/2018 - I-129F Mailed                                              06/19/2019 - NOA1 Date                                              01/27/2023 - N-400 Filed Online

03/08/2018 - NOA1 Date                                                    07/11/2019 - Biometrics Appt                                   02/23/2023 - Biometrics Appt
09/14/2018 - NOA2 Date                                                    12/13/2019 - EAD/AP Approved                               04/03/2023 - Interview Scheduled

10/16/2018 - NVC Received                                              12/17/2019 - Interview Scheduled                          05/10/2023 - Interview - APPROVED!

10/21/2018 - Packet 3 Received                                      01/29/2020 - Interview - APPROVED!                  OFFICIALLY A U.S. CITIZEN! 

12/30/2018 - Packet 3 Sent                                               02/04/2020 - Green Card Received! 

01/06/2019 - Packet 4 Received                                     ROC - I-751

01/29/2019 - Interview - APPROVED!                           11/02/2021 - Mailed ROC Packet

02/05/2019 - Visa Received                                             11/04/2021 - NOA1 Date

05/17/2019 - U.S. Arrival                                                     01/19/2022 - Biometrics Waived

05/24/2019 - Married ❤️                                                    02/04/2023 - Transferred to New Office

06/14/2019 - Mailed AOS Packet                                    05/10/2023 - APPROVED!

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  • 6 months later...
Filed: TN Visa Country: Canada
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Hello All,

This is a summary of the update on this case. your input will be appreciated.
1) I submitted a I-751 Petition to Remove Conditions on Residence on Feb., 2019. during the divorce from my USC wife which she filed.
2) I equally submitted N-400 Application for Naturalization on Aug., 2020 as VAWA with evidence with evidence of theft from me, seizing my car keys thereby preventing me from going to work. Also, I submitted reports from psychology and urologist.
3) I was invited for a combo interview in June 2022, I passed the N-400 test and was issued an  I-751. I sought the service of a lawyer. At first the lawyer advised to withdraw the VAWA because the bar is too high for a man to meet. Eventually, she helped me replied to the RFE, and I believed her partner advised her to keep the VAWA application, this time using some of the evidence my USC wife submitted when she filed for the divorce.
4 Since we submitted the RFE in October, 2022 we have been waiting. Also I have noticed the following in myUSCIS account:
image.png.8b7f5e56d0f8d85e9eca5f7bad3b31be.png

 

 

Question, is the above expression, "your case status is unavailable at this time..." because of VAWA application? Please your input will be appreciated.

Meanwhile, my N400 is still the same:


image.png.c7eb1fd0d86447a6fc23cf35313d1a73.png
As someone suggested a while back, I should "see your Therapist for a session or two to substantiate the lingering aftermath of your Lorena Bobbit ex". 
Is this advise still applicable? Or I should wait for the decision on I-751?

Again your input is highly appreciated.

 

image.png

Edited by CanadaEx
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2 hours ago, CanadaEx said:


As someone suggested a while back, I should "see your Therapist for a session or two to substantiate the lingering aftermath of your Lorena Bobbit ex". 
Is this advise still applicable? Or I should wait for the decision on I-751?

Again your input is highly appreciated.

Only do this if you legitimately have the need, not for the paperwork.

 

Regarding the I-751 status, a lot of people see this, it's an IT glitch. Try checking using normal page without login - https://egov.uscis.gov/casestatus/landing.do

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Filed: TN Visa Country: Canada
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Thanks OldUser for the link it was very helpful.

With regards to seeking help for lingering aftermath, I believe I legitimately need it.

The reason is that I was separated from my ex-wife in August 2018, and the divorce was finalized in March 2019. I have not seen her since then. However, she drove from Oregon to Canada in 2020 to "see me". I have a place in Canada, where I have taken her to on several occasions when we were married, to see my kids from my previous marriage. However, I was actually in the US on that occasion, but on learning was there, emotion came through me like a tidal wave recalling the trauma of the abuse she put me through while I was married to her, and I went to the police to file a report and obtain restraining order. The police woman advised me that, she will not be coming to Canada anytime soon because the border was being closed because of corvid. These are traumatic emotions that I thought I have dealt with and put away through therapy. Did not know that I can still recall the lingering effect of that trauma.

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3 hours ago, CanadaEx said:

3) I was invited for a combo interview in June 2022, I passed the N-400 test and was issued an  I-751. I sought the service of a lawyer. At first the lawyer advised to withdraw the VAWA because the bar is too high for a man to meet. Eventually, she helped me replied to the RFE, and I believed her partner advised her to keep the VAWA application, this time using some of the evidence my USC wife submitted when she filed for the divorce.
4 Since we submitted the RFE in October, 2022 we have been waiting. Also I have noticed the following in myUSCIS account:

I think you meant you were issued an I-72 ( RFE ) for the pending I-751 either at the combo interview or immediately after. Nothing will happen to the N-400 ( no matter what online status shows) until AFTER you get a decision on the I-751.

 

The I-751 for abuse is considered confidential so you won’t see online status and agents won’t discuss status on the phone , per VAWA guidelines.

 

It’s not a different bar for men to substantiate abuse..just more uncommon . I am a fan of Supplemental Filing ( of any additional marital bonafides or in this case treatment evaluation report evidence ) during the sleepy stage of “ pending “. ..sometimes just the fact that they need to match new filing to the file, gets someone to look at it and a small chance they deal with it. 

Therapy for the sake of paperwork is not uncommon, may help and definitely won’t hurt, in the long run. 
 

 

 

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Filed: TN Visa Country: Canada
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Hello All,

 

Thanks for the inputs @Family.

 

Please note I just received a notice in the mail that USCIS extended the validity period on my Form I-551 for 48 months from date of expiration. This notice came from Lee's Summit's Office.

Additional information of my case:
Arrived in US on TN Visa in 2014.

Married to a USC in 2016, and got conditional GC form I-551in 2017.
Divorced from USC was finalized in 2019 from USC due to abuse.
Applied for I-751 in 2019.
In addition, I filed for N400 via VAWA with the Lee's Summit Office since 2020 with reports from medical specialists.  
Meanwhile, I have been getting I-551 stamp every year since expiration of original I-551 in 2019 . The latest extension I got was in Feb. 2023 to expire in 2024.
I am about to file additional documents attesting to lingering effects of abuse, in addition, to my original VAWA because, ex wife went to Canada, from Oregon, to "visit me" in the house that I often go, with her, to visit my kids from previous marriage. Upon learning she visited, I obtained a police record of this "visit". As the visit brought back emotional trauma which I though I have dealt with in previous therapy.

But today, I got an extension on my Form I-551.
Please note that in June 2022, I was invited and attended a combo meeting at the Seattle Field office, as I now reside in Seattle, and I was giving a citizen test at the end of the interview, which I passed. After the  the interview,  UCIS asked me for more information with regards to the divorce in the I-751 case. My lawyer replied the RFE in October 2022.

Question, bearing in mind that in Seattle office, I just received additional extension on my Form I-551 in Feb. 2023 to expire in 2024, does this 48 months extension from Lee's Summit office represents removal of conditions on my Green Card?

Also, on the second page of the approval notice, it says, "Note: Conditional permanent residents(including conditional permanent resident depends) residing overseas pursuant to military or government order will not receive an ASC appointment notice.".

Thanks for your inputs,

CanadaEx.

 

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Filed: IR-1/CR-1 Visa Country: Vietnam
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11 minutes ago, CanadaEx said:



Question, bearing in mind that in Seattle office, I just received additional extension on my Form I-551 in Feb. 2023 to expire in 2024, does this 48 months extension from Lee's Summit office represents removal of conditions on my Green Card?

 

 

No, it's just an extension to cover the expired two year green card for 48 months from the expriation date of the two year green card while the I-751 is processed.  You need both the expired green card and the extension letter together to travel outside of the US.

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Filed: TN Visa Country: Canada
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Thank you Stein, for your inputs.
Please note it is a bit confusing, and further clarification from all will be highly appreciated.
The current expiration date on my Green Card is Dec 2019.
However, as I mentioned above I have been getting I-551 stamp in my Passport since 2019, and the latest one I got at the Settle Field office expires in Feb 2024.

If I go with the Stein's suggestion above, does my Green Card expires in ( Dec, 2019 + 48 months) Dec 2023? or current stamp on Passport - Feb 2024 ?
Meanwhile, I-751 and N400 are still pending decision. Also note that I understand that decision on N400 will not be made until I-751decision is made. 

Regards,
CanadaEx

Edited by CanadaEx
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3 hours ago, CanadaEx said:

But today, I got an extension on my Form I-551.
Please note that in June 2022, I was invited and attended a combo meeting at the Seattle Field office, as I now reside in Seattle, and I was giving a citizen test at the end of the interview, which I passed. After the  the interview,  UCIS asked me for more information with regards to the divorce in the I-751 case. My lawyer replied the RFE in October 2022

Seems like you filed I-751 in 2019 based on abuse, although not clear if you filed it after the divorce was final.  What made you decide to file for abuse 
Did you attend the June 2022 combo interview alone or w your attorney?
 

What type of questions did they ask ( exact wording) at the interview? 
 

Why did you wait 4 months ( June to end of October) to respond to RFE
 

When you send in supplemental evidence make sure you include both abuse and additional bonafide items
 

 

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