My wife doesn't know if she passed her citizenship test.

[IandI100 31]

On 12/3/2022 at 2:31 AM, OldUser said:

Re-read the thread, it looks like you have evidence of AR-11. Ignore me on this one.

Yes I have ar11 evidence.  One of the tier 1 said the processing of this was put on a hold then was reactivated after the request for rescheduling.  I believe the i751 was on the way to being denied officially but maybe due to slow processing times we sent a service request for rescheduling before it was too late.  I did send another foia for any copies of interview notifications or denial letters sent out on this case.  I doubt they ever sent a denial letter because it never got to that stage hence no denial online uscis website. 

[IandI100 31]

On 11/16/2022 at 11:01 AM, Family said:

Just file the N-336 before the 30 days. State denial in error because the I-751 was never “denied/closed” and Lacked Notice for both Interview and any decision…up until the the actual N-400 interview date when the only status was a purported “ red flag” as told by the ISO. 

 

You will win. 
 

IF they actually schedule an I-751 interview before the 30 days ( super unlikely ) you will need to INSIST on getting an ON THE SPOT decision/review from N-400 Supervisor. 

 

 

Foia update.  

1. No official denial letter copy only some internal denial note with no printed date.

2. No interview notice either. 

 

Here are screen shots of the foia request and the only i751 denial form but it's not a normal form they send out to people. It has a stamped Inked date, as if it's an internal document for records keeping. 

Edited December 20, 2022 by millefleur
Attachment containing personal info removed

[OldUser 5,053]

@IandI100 I think your case is moving towards your wife being placed in removal proceedings. Hire a lawyer to challenge the decision (which the FOIA letter says it's impossible) or file new I-751 with help of a good lawyer. Even if you guys file new I-751, the gap between May 7th 2021 (the date I-751 denied) and today (December 20th, 2022) already can cause a lot of confusion in the future at I-751 and new N-400 stages. E.g. I wouldn't be surprised if USCIS will reset the wife's clock for naturalization.

 

This is not a DIY in my opinion.

[OldUser 5,053]

3 hours ago, IandI100 said:

Foia update.  

1. No official denial letter copy only some internal denial note with no printed date.

It has the date - May 7th, 2022. This is when USCIS denied your I-751. I don't think it matters whether it's printed date, handwritten date or a ink stamped date.

[Crazy Cat 39,561]

4 hours ago, IandI100 said:

1. No official denial letter copy only some internal denial note with no printed date.

That is not an internal note.  That is an official, dated denial letter they sent to you earlier. 

Edited December 20, 2022 by Crazy Cat

[OldUser 5,053]

Out of curiosity - was your address on the letter up to date as of 07 MAY 2021?

@IandI100

14 minutes ago, OldUser said:

It has the date - May 7th, 2022. This is when USCIS denied your I-751. I don't think it matters whether it's printed date, handwritten date or a ink stamped date.

I meant 2021 here based on screenshot @IandI100 attached. Typo

[IandI100 31]

7 minutes ago, OldUser said:

Out of curiosity - was your address on the letter up to date as of 07 MAY 2021?

@IandI100

I meant 2021 here based on screenshot @IandI100 attached. Typo

So why would multiple tier 1 and tier 2 uscis not see that it is denied? They all state that its not possible for the petitioner and the uscis agents to not see its denied if it was denied.  We had a service request on the i751 recently that put in back in the que for an interview.

 

1. We never recieved any letter for an interview time and date and none is in the foia request.

 

2. We never recieved any denial letter. The letter in the pic isn't a letter that is sent out to petitioners.  

 

We haven't lived at that address since 2020 and we have ar11s

[IandI100 31]

35 minutes ago, Crazy Cat said:

That is not an internal note.  That is an official, dated denial letter they sent to you earlier. 

That is a copy of documents requester in a foia, stamped denials aren't sent out, printed denials with printed dates are

 

[Crazy Cat 39,561]

4 minutes ago, IandI100 said:

That is a copy of documents requester in a foia, stamped denials aren't sent out, printed denials with printed dates are

 

It's addressed to you.  It is titled "Termination of Conditional Residence Status".  It is date back in 2021.  It certainly has all the characteristics of an official denial letter.  Stamping the date is irrelevant. 

[OldUser 5,053]

@IandI100 why AR-11 is not included in FOIA? Did you send it by certified mail and have a proof of notifying USCIS about address change? If not, then USCIS sent the denial letter to old address, but the right address on file. Forget about Tier 1 and Tier 2 officers, don't get fixated on it, you got FOIA clearly saying the case was denied. IMHO (not a legal advice) you could've had another I-751 pending for 3 months now, instead you lost 3 months already waiting for something that's unlikely going to get resolved without lawyer's help.

Edited December 20, 2022 by OldUser

[midwinterrose 263]

10 minutes ago, IandI100 said:

stamped denials aren't sent out, printed denials with printed dates are

 

What leads you to believe this?

 

If there is no copy of an interview letter in the FOIA documents, I would think that would be in your favor.  If USCIS doesn't even have evidence of having sent the letter, how can they claim that you received it?

[Crazy Cat 39,561]

3 minutes ago, midwinterrose said:

What leads you to believe this?

 

If there is no copy of an interview letter in the FOIA documents, I would think that would be in your favor.  If USCIS doesn't even have evidence of having sent the letter, how can they claim that you received it?

How do they prove they sent it, other than having a copy of the letter in the file?

[millefleur 5,039]

**Attachments containing personal info removed. Please blur/block out any personal identifying info such as names, full case numbers etc on this very public forum.**

 

VJ Moderation

[OldUser 5,053]

15 minutes ago, IandI100 said:

That is a copy of documents requester in a foia, stamped denials aren't sent out, printed denials with printed dates are

 

Where did you get this information from?

I had multiple letters for non-immigrant visa as well as Notice of Interview Results for I-485. They all had ink stamped dates and they're the only originals I have.

[midwinterrose 263]

5 minutes ago, Crazy Cat said:

How do they prove they sent it, other than having a copy of the letter in the file?

I am talking about the interview letter, which @IandI100 says was not included in the documents from the FOIA request.  There is obviously a denial letter, apparently addressed to their old address.  I would assume that an interview notice would be part of their file, and would appear in the FOIA docs. 

 

@IandI100, I would not be so certain that the stamped-date letters are not sent to applicants.  Right here on VJ there is an example of an applicant having received the exact same type of letter as you see in your FOIA docs: