Trymester3

I just noticed that the June 2018 and November 2018 letters are the same address as the January 2019 letter, but the only exception is that the prior letters don't have an apartment listed. It's possible that those letters did arrive to her building but just never reached her because they did not have an apartment listed.

In the November 2018 letter titled Decision, it states: "Your Petition is considered abandoned and is denied under 8 CFR 103.2 (b)(13) This denial is without prejudice to the filing of a new form I-751." Does this mean that she's not even allowed to file a new application?

By the way, just to try to clarify things, would she be considered a permanent resident or a conditional resident? The reason I ask is because she has a social security number and had a green card but only for two years. She never got to the process of applying for the 10-year green card.

Thank you both for your replies thus far. I do recall putting in a change of address online, but I can't recall if that was for the USCIS or if that was for the divorce procedure. In any case, they would have only had 2 addresses for her, either her new address or my current address. The June 2018 and Nov. 2018 letters that they supposedly sent, didn't arrive to any of these 2 addresses.

My ex-wife is Japanese and we were married in New York.

I'll look into using Super Auto Refresh, but I don't think that it'll help based on what I know about the InfoPass website.

Okay, so they won't make an appointment over the phone and they very rarely (if ever) have appointments online. Do you know of anyone who's been able to go in person to make an appointment?

Good morning, it seems nearly impossible to make an appointment via the USCIS website. I've checked probably 30 times over the last 10 days at different times during the day and they never have any appointments available. I will ask my ex-wife to try to call the USCIS and see if she can get in contact with them, but if she doesn't get granted an appointment over the phone and since there doesn't seem to be any online, how would she go about getting the I-551 stamp in her passport?

I will inform her. She never presented a divorce decree after filing the ROC with a divorce waiver. (Because it has yet to be asked for). Maybe if she takes a copy of the divorce decree with her to the Infopass appointment then that will be good enough instead of an official RFE and she'll be able to get the stamp in the passport anyway.

Thanks for your reply Mrs. THB,

She never received an American passport so it would probably be receiving the I-551 stamp in her passport. Then she would get the extension letter, correct?

Also, is it at the USCIS InfoPass Appointment that they would stamp her passport?

Waittrain, thanks for the comment. I will suggest to her to make an InfoPass appointment.

My ex-wife is Japanese and currently living in New York City. Her initial Green Card expired Feb. 19, 2017. She had already sent in all of the ROC paperwork along with a divorce waiver before her ROC deadline (but we didn't have the divorce decree at the time of filing). As of January 2018, no RFE has been sent.

She has since done biometrics but she is still living with an expired Green Card. The USCIS said that she has a 1-year grace period. There has been no communication from their side and the 1-year grace period ends in less than a month.

I promised that I would help her so please tell me what can be done next?

Thanks.

Yes, we have the divorce decree.

I'm patient, I just wanted to be informed.

Btw, should her case not be addressed before the year is up, you said should could go to InfoPass. Where is InfoPass?

As always, I appreciate the replies.

Do you mean that time span for her case specifically, or for all Feb. 2017 filers? Btw, her original Green Card expired Feb. 19, 2017, she received the letter granting her a 1 year extension. But what happens if that 1 year passes and she still hasn't heard back from the USCIS?

I am trying to find out when my ex-wife would receive any mail about her new Green Card. She sent in the I-751 and all of the fees in February 2017. They were supposed to send an RFE I believe, because she filed with a divorce waiver, but our divorce decree didn't exist at the time. She did biometrics some time in April 2017. To my knowledge, they never sent an RFE to neither the Permanent Address or her new address. I know, she just needs to call them to inquire, but how much longer do you think it'll take to at least hear something back? 

Thank you guys for your replies

Any advice for the "divorce waiver filing even though the divorce didn't happen yet" issue?

My wife submitted her I-751 ROC packet early Feb. 2017. Her biometrics appointment came in for her to attend near the end of March 2017.

In the middle of the paper it says something like: "Note: You need to reaffirm that you reviewed and understood your application, petition...and that the contents of your application, petition, or request are complete true and correct."

She filed the application with a divorce waiver, because we are in the middle of a divorce. The judge has not provided the divorce decree yet though. The plan was to write in the divorce decree date when the RFE eventually comes in. So, when going in for the biometrics appointment, if she is asked whether or not everything she put in her ROC application is true, will she be lying if she says "yes"? (since, technically she wasn't really legally divorced when she submitted the application). Does this make sense?

Secondly, she now has a new reliable home address where she currently resides. My address is still her mailing address though and the only address we used for her I-751 application. If asked if everything on her application is "true and correct", should she volunteer the information that she is now living at a new address?

Thank you for your input. So, this means that technically she has a new address and a mailing address, but not a permanent address. By the way, we are still legally married (that's what we had to state every time we are asked even though we are awaiting the divorce decree since the case is already on the "judge's calendar".

Would she be able to communicate this address change information to the USCIS simply by using the form in the link you provided in the other post?

Also, does the address she provides the USCIS need to match the address that she will give the IRS in April? I was trying to do my best to not over complicate this process for her.

Thanks to anyone for your input.

In the link you provided, under "disclosure" it says that the information is "voluntary". If I understand this correctly, it means that its still fine for her to receive her mail at her permanent address and she doesn't need to share her new address.

Where would all of her Immigration related mail go to though? Will it go to the place where she is residing now, or will it go to the permanent address (my address)? She would probably want the mail to go to the permanent address (which is mine). What would be the solution here?

Edit: According to the form it seems like she has 3 spaces to fill in an old address, new address, and a mailing address.

Hello,

I am a US Citizen and she is a US Resident/Japanese national.

I helped my wife file her I-751 in Feb. 2017. She already received the NOA letter. She is definitely going to receive an RFE because we are in the middle of a divorce, so she filed with a waiver but didn't include the date the divorce decree was granted (since we're still waiting on it to be granted).

My question is about the address that she listed when asked where she lives. We used my same address because this is the most secure place to receive mail. She technically doesn't live with me anymore. When the RFE arrives, should she provide her new address or should she do that before the RFE arrives? Alternatively, can she just keep listing my address even though she doesn't live with me anymore? It is her most secure permanent address.

Also, if she provides her new address when filing taxes this year, that means that her new address will be out in the world and public knowledge, therefore will she be best off providing the new address to the USCIS?

thanks for your reply. It's confusing since we were advised to file married-filing jointly this year, but obviously our divorce decree will already be here for us by the time the 2017 taxes come around.

Asking this question here so as to not start a new thread.

My wife and I are in the middle of a divorce. She may not need health insurance at all, but being that she's a resident she will be charged on next year's taxes if she doesn't choose a plan. I know that she would rather not have to send $200-$400 monthly money orders to the NY State of Health for an insurance that she doesn't plan to use. She doesn't ever go to the doctor.

My question is, can any of you estimate how much money they'll take out of her 2017 tax return next year to penalize her for not getting insurance?

Thank you, I'll look into that low income taxpayers assistance.

I'll also look into the injured spouse thing for her, but in no way is she "injured".

Also, she literally didn't really know that I have debt on the 2014 and 2015 tax returns. English is not her first language, so I just handled al those legal things myself to make things easier.

Okay, so they will take money from her refund this year. The owed money will not be paid off by the time the next tax season rolls around (most likely). I will have to ask is there any way that I can sign an additional form with the IRS to ensure that only I have to pay the debt starting next year, and that she won't be charged from her refund. I'll have to ask the IRS.

Damara, thank you for the lengthy reply. I really appreciate it. We do owe money from 2014 and 2015's taxes. I set-up an installment agreement where the money would be taken directly from my bank account, but that agreement has not been officially started by the IRS yet (I received a letter 2 days ago stating that I needed to wait for them to review facts.). I'm pretty sure it will go through though, since I did it in person. I communicated on the installment plan that they should only charge me and not her. If she is due $300 for example after filing her 2016 taxes, will the IRS take those $300 from her and apply it to the money we owe from 2014 and 2015, or will they leave it alone since I already told them that I would be paying that old debt myself via monthly payments?

Also, we are both on insurance via the NY State of Health Marketplace. In 2016 I was on medicaid and paid nothing at all. She was on something called Essential Plan 3 (since she was not eligible for medicaid, due to some immigration reasons) and paid nothing as well.