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mindthegap

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About mindthegap

  • Rank
    See You Next Tuesday
  • Member # 141329

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Immigration Info

  • Immigration Status
    Naturalization (pending)
  • Place benefits filed at
    Vermont Service Center
  • Local Office
    New York City NY
  • Country
    United Kingdom

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  1. Sorry, not giving out my email - I’m not an immigration attorney for one Happy to advise on here along with others if you post up your issues on your own thread. While pending, there is nothing you can do. If denied, there are things you can - and should - do. But until you receive a denial it is a moo point, so cross that brigde if it ever happens. Which it may not. Worrying about it will just drive you mad. If you filed with a divorce waiver you will more than likely get an interview scheduled at some point.
  2. With a divorce waiver you can file at any time - you do not have to wait until the 90 day window. No. "(2) Good Faith, Not at Fault . Despite the best intentions, marriages do not always work out, and sometimes even bona fide marriages fall apart in less than 2 years. IMFA was not meant to be a tool to be used against unlucky or unlikely marriages; it was meant to be a tool against fraud. Accordingly, IMFA provides for a waiver if the alien can establish that he or she entered the marriage in good faith and he or she was not at fault in failing to meet the IMFA requirements. Things to consider when adjudicating this type of waiver include : Weight is not given to who filed the divorce. (Initially, the statute required that the alien had to be the moving party in the proceedings to terminate the marriage (i.e., that the alien had terminated the marriage for “good cause”). This occasionally resulted in what became known as “the race to the courthouse.” Since the issue was meant to center on whether the alien had good faith when immigrating, not on whose attorney could file for divorce faster, this requirement was dropped.) It does not matter if the conditional resident’s spouse entered the marriage in good faith, only the intent of the conditional resident him or herself is relevant. Interviewing the conditional resident’s former spouse (either in response to a call-in letter, a field examination or a referral to Investigations) may provide relevant and valuable information on the alien’s intent, or it may only result in a spiteful diatribe. Adjudicators should always be aware of the source and motivation of information provi ded. Also, when interviewing a former spouse, always be extremely careful not to divulge any information (such as the alien’s current location) which could result in the alien being subjected to abuse or battering. "
  3. 1- no. You can file solo after you are divorced within the first two years, but not jointly. 2- By co-operating and not being an a$$ (sorry, its just an unfortunate reality, as many of us who have been through a divorce have discovered). By filing with a divorce waiver, the ex spouse is no longer involved in the process. 3- two years from your 'resident from' date on your card, which should exactly match the card expiry date. Worth pointing out to you, that divorce is not a reason for I-751 denial.
  4. No proof of status. Does she have to fulfill I-9 at work? Renew a driving license? Travel? Go near a border? A whole host of reasons why not having proof of current status is not such a good idea..and arguably an even worse idea under the current administration. You have over-ridden this requirement by filing a new I-751...not that it had any legal basis anyway!
  5. No. You have to call USCIS for NY appointments now. Correct - at the time you called. What USCIS say in a letter, and what the actual law says, are on occasion very different......and the law wins. USCIS can say what they like - and I fully admit to s***ting myself when I got the same 'your status is hereby terminated' letter - but it has no legal factual basis for termination of status. The ONLY two people that can terminate ones LPR status, is the LPR themself by filing an I-407, or an immigration judge giving a final order of removal, which is the point at which the status is terminated.. The legal facts are backed up by plenty of case law (Genco Opinion 96-12 is one such example that springs to mind)
  6. Unable to do my interview, as my still pending (second!) I-751 wasn't there, and was still in Vermont. This is despite a notice that the I-751 had been transferred to the local office shortly after the N-400 application was filed, as is standard procedure. Waited in there for three hours to be told that. The sheer incompetence of USCIS is absolutely staggering.
  7. Filing a new I-751 overrides the previous denial until adjudication. She legal and allowed to work. Go get a stamp ASAP. Again, I speak from DIRECT personal experience of this scenario, not just a guess.
  8. See above. Yes. The card is proof of status and not the status itself.
  9. You need to file an I-751 at some point between 90 days and the second anniversary of your 'resident from' date - NOT the second anniversary of your marriage. Not six months, not three months, but 90 days.
  10. You are not permitted to file an I-90. Your only option at this point is to get a stamp at an infopass. Make sure you take the police report with you.
  11. 1-800-898-7180. Have the A# to hand - it is touch tone / automated. You are still permitted to file a new 751 even if an NTA has been issued (unlikely it has but possible). I know you want an easy solution to this, and from my own experience and intensive research on this matter when it happened to me and a serious amount of rabbit holing - the path of least resistance for this is filing a fresh I-751 as soon as possible.
  12. An i290B must be filed within 30 days of date of denial letter. That ship has now sailed. There are fairly strict criteria on which it can be re-considered (an I-290B is not an appeal), an unknown timeline, plus of course the cost. I looked at this option and quickly figured it was a total waste of time and money.
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