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Yosef

Declined 1-751

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Filed: K-1 Visa Country: United Kingdom
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Money for jam I see . What a wast . 

I need to leave the county in 3 weeks . if I apply for I 751 will this allow me to re-entry or Dovi have to wait until I get the green 797.

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Just now, Yosef said:

I was travelling out the country and 3 weeks before called to reschedule.

Unfortunately USCIS is not a fan of rescheduling interviews due to travel purposes. I've seen a lot of people asking VJ if they should reschedule their interview for travel and the consensus from others was always don't do it. This might be an uphill battle. I probably would just refile. Good luck whatever you decide to do!  

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9 minutes ago, Yosef said:

Money for jam I see . What a wast . 

I need to leave the county in 3 weeks . if I apply for I 751 will this allow me to re-entry or Dovi have to wait until I get the green 797.

You'll probably need a new letter, which will only extend your GC until May 2023.

 

After that, you'll need to be getting I-551 stamps until 10 year GC.

 

Unless it is a super urgent travel related to health / death of your family, I would not be travelling. Also make sure you were not put in removal proceedings.

 

 

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5 hours ago, beloved_dingo said:

Wow I am so sorry this happened to you. I don't understand why there isn't a streamlined process to reschedule interviews. Stuff happens and there are dozens of legitimate reasons to need to reschedule, even at the last minute. 

 It's blatant incompetence. A process that use to take a couple of months now takes 2+ years minimum. The fact they expect you to be available every single day of the year despite not being able to provide an interview within a reasonable timeframe should warrant a civil lawsuit against them based on how they treat PRs.

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28 minutes ago, MillerTime said:

Unfortunately USCIS is not a fan of rescheduling interviews due to travel purposes. I've seen a lot of people asking VJ if they should reschedule their interview for travel and the consensus from others was always don't do it. This might be an uphill battle. I probably would just refile. Good luck whatever you decide to do!  

 

I'm not a fan of having to wait 2-3 years for them to schedule an interview either, a process that use to take 2-3 MONTHS. The fact they expect everyone to put their life on hold is disgusting. The whole process is broken and the director of USCIS should be fired. 

Edited by HarryWL
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1 minute ago, HarryWL said:

 

I'm not a fan of having to wait 2-3 years for them to schedule an interview either, a process that use to take 2-3 MONTHS. The fact they expect everyone to put their life on hold is disgusting. The whole process is broken and the director of USCIS should be fired. 

Oh trust me! I 100% agree that the whole system is broken. Until there's some serious reform within USCIS (which I unfortunately don't see happening anytime soon), that's the way it's going to be and it's terrible that we all have to just live with it.

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Just now, Yosef said:

I have a strange idea can I apply for an esta visa whilst in Uk and enter on that or they will deport me 

Do not do this.

You are not VWP or ESTA eligible as you are a permanent resident. 

 

If your original extension letter is still valid - you said you filed in May of 2021 and it should have been a 24 month extension letter at that time - then when accompanied by the expired card, yes you should* be ok to board a flight back to the US as long as it is before the expiry of that 24 month period. 

 

*disclaimer - I am not a lawyer. This is based solely on my own personal experience travelling with a denied I-751, and refiles, and personal knowledge of this, and you should seek your own qualified legal opinion.

 

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

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 minute ago, Yosef said:

Is that the fact as I have a denied 751 supposedly wait for removal action  

You remain a permanent resident until an immigration judge says otherwise, and that could take years, and may not even get to court at all if you can get this corrected or you refile quickly enough 

 

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

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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