mindthegap

Absolutely... they show a joint liability, risk, and a co-mingling.... Which is why I was baffled when in one of my denials, this nugget (not a nugget of gold, but something brown) was written, specifically in relation to 8 years of full statements of joint credit cards (of which several had no limit) showing regular usage by both parties on every single statement: "The mere definition of co-mingling would go far beyond simply adding a name onto an account…these are all documents that are easily manipulated and have very little probative value in establishing bonafides - at best they can be considered as secondary or ancillary evidence" See what sort of single celled moronic idiocy you are up against with these clowns?

File an AR-11 now. Any correspondence regarding the I-751 goes to the address given on the I-751 form, or any subsequent AR-11s if that changes after filing.

Expiry date is whatever the expiry of the extension letter would be, so if it is an as currently issued 48 month extension, then add exactly 48 months to the expiry date of the 2 year card, and that is the expiry date to input.

No reason is required for a waiver filing, as it is expressly permitted to be filed at any time, so it is never considered 'late'. A joint filing can be filed late as long as you give a reason in a brief cover letter requesting the late filing be excused. In practice, any late filing jointly is unlikely to be rejected for any reason - as long as you give one- as they know an immigration judge will order that overturned and it to be accepted.

Not in your part of the country, no. Where do these people get their law degrees? That you can file a waiver I-751 at any time is at the top of page 1 of the goddamn I-751 instructions... Not to mention it is also referenced many, many places in other law and statute. That is also I-751 101 basics, that someone who is filing I-751s should absolutely know.

Up to 13 stamps now. If I hit 15 I get a free coffee

Utter rubbish. Hope they didn't charge you for that. USCIS would LOVE for that to be the case, and their scary strongly worded denial letters appears that way, but it isn't legally accurate. You are a permanent resident, and you can live, work, and travel, and remain a permanent resident until a final order of removal, at which point you are no longer a permanent resident. No ifs, no buts, that is the law. Unfortunately, as is common with the law as it has evolved, naturally it does contradict itself in places, since the whole I-751 requirement was added in the mid 80s on top of existing laws, but it has been clarified in multiple places, including EOIR appeals decisions. It is firmly established as precedent in case law. Genco Opinion 96-12 sums it up best, and I quote (my bolding): "96-12 Status of a conditional permanent resident after denial of I-751 during pendency of review by EOIR August 6, 1996 Status of a Conditional Permanent resident after denial of I-751 during pendency of review by EOIR Office of the General Counsel I. QUESTIONS The Benefits Division requests a legal opinion concerning the following questions: 1) What is the status of a conditional permanent resident after his I-751 has been denied by the director and his case is under review by the EOIR? Is the alien entitled to an I-551 stamp, adapted to show that his case is pending? Is the alien entitled to any other benefits associated with legal permanent resident status? 2) If an Order to Show Cause has not been issued, what is the alien's status and what documentation is the alien entitled to possess? II. SUMMARY CONCLUSION The director should issue the Order to Show Cause at the time he or she provides written notice to the alien of the decision to deny the Form I-751. Strictly speaking, a conditional permanent resident whose Petition to Remove Conditions on Residence (Form I-751) has been denied by the director is no longer a lawful permanent resident, as of the date of the director's notice of termination. However, because the alien has a right under statute and regulation to request review of such determination in deportation proceedings, the conditional permanent resident whose status has been terminated should be issued a temporary I-551 during the pendency of such review. INS should not approve any Petition for Alien Relative (Form I-130) filed by the alien on behalf of another alien during the pendency of such proceedings. III. ANALYSIS Section 216 of the Immigration and Nationality Act (INA), 8 U.S.C. § 1186a, provides that an alien spouse who is granted permanent resident status by means of marriage to a United States citizen which took place less than two years earlier shall be granted such status on a conditional basis. Unless otherwise specified by the statute or regulations, an alien granted permanent resident status pursuant to section 216 enjoys the same rights, privileges, responsibilities, and duties as other legal permanent residents. 8 C.F.R. § 216.1 The conditional basis of residence is removed via the approval of a Petition to Remove the Conditions on Residence (Form I-751) filed by the alien and spouse within 90 days before the second anniversary of the date on which the alien obtained lawful admission for permanent residence. The director of the regional service center has been delegated sole authority to adjudicate the Form I-751. 8 C.F.R. § 216.4(c). Where the director finds derogatory information pertaining to the validity of the marriage, he or she must offer the alien the opportunity to rebut such information. Id. If the alien is unable to overcome such derogatory information, the director ''may deny the joint petition, terminate the alien's permanent residence and issue an order to show cause to initiate deportation proceedings.'' Id. (emphasis added). Moreover, if the director proceeds to deny the Form I-751, he or she must provide written notice specifying the basis for the denial to the alien ''and shall issue an order to show cause why the alien should not be deported from the United States.'' 8 C.F.R. § 216.4(d)(2) (emphasis added). This regulatory language clearly provides that once the director denies the joint petition and terminates the alien's permanent residence, an order to show cause must follow. The regulations further specify that the alien's lawful permanent residence status is terminated as of the date of the director's written decision. 8 C.F.R. § 216.4(d)(2). As of the date of denial, the alien is ''instructed to surrender any Alien Registration Receipt Card previously issued by the Service.'' Id. Accordingly, an alien whose Form I-751 has been denied has no status as a conditional permanent resident and is not entitled to an Alien Registration Receipt Card. Therefore, in light of the termination date of an alien's lawful permanent residence, and the gap that ensues if an order to show cause is not issued, failure to timely issue the order to show cause leaves INS vulnerable should an alien file an action in mandamus to compel performance of that requirement. Concomitantly, an alien whose Petition to Remove Conditions on Residence has been denied by the director may seek review of the decision in deportation proceedings. INA § 216(c)(3)(D), 8 U.S.C. § 1186a(c)(3)(D), 8 C.F.R. § 216.4(d)(2). In fact, the statute specifically conditions termination of permanent resident status upon review in deportation proceedings. 1 Therefore, the terminated conditional lawful permanent resident should be issued a temporary Form I-551, during the pendency of the deportation proceedings. Cf. Etuk v. Slattery, 936 F.2d 1433, 1447 (2d Cir. 1991)(''To revoke an LPR's green card pending completion of the deportation process would severely undermine the integrity of the process itself and impose significant hardship on the alien involved''). To that end, the INS' policy of placing an I-551 stamp on an alien's I-94 arrival card or passport is considered appropriate temporary evidence of legal permanent resident status during the duration of the deportation proceedings. Memorandum from James J. Hogan, INS Executive Associate Commissioner (Nov. 11, 1992), reported and reproduced in 69 Interpreter Releases 1560 (Dec. 14, 1992). Further, the temporary I-551 may be used to travel, to establish employment eligibility, or to establish lawful permanent resident status for purposes of obtaining school financial aid and other benefits." There is plenty more legalese and other links and chunks of text I could paste, but I can't be bothered right now. As my circumstances have unfortunately dictated, I have a very intricate knowledge of the I-751 process, denial process, and what happens during and after, and my knowledge is increasing every day even now. To put it bluntly, there is ZERO chance I would have travelled out of the US if my residency or ability to re-enter the US was in jeopardy after travelling post denial (all of them) if I was remotely unsure of the law here in these exact circumstances I have found myself in - identical to yours - on numerous occasions. Just get the refiling in quickly, await the receipt number and get that new stamp as detailed before. Probably for the best given that answer.

Find a new attorney that didn't get their law degree inside a box of cornflakes. Thats i-751 101 stuff. You can file a new i-751 at any time, including when in immigration court and removal proceedings. The point at which you cannot, is once a final order of removal has been made by an immigration judge, at which time you are no longer a permanent resident. Did you even read anything I posted previously? Thats exactly what I said...with the caveat that the 48month receipt is ONLY valid from the expiry date of the card, so in all probability you would probably need a stamp. Yes. Brief cover letter ('please find enclosed my i-751 form, being filed as a divorce waiver), a G-1145 (for email /SMS notification), G-1450 or a cheque (for payment), the form itself, a copy of your final divorce decree, and an any evidence you choose to include, or not. Send that in, and it will be accepted. You can send further evidence at a later date. phew.

See my post above. If it is urgent, then file ASAP, then request an emergency stamp appointment as soon as you have the receipt number (even if you don't have the physical receipt). See above. A tourist visa is NOT an option for you, as you are a permanent resident. If you relinquish your permanent resident status (either by filing an I-407, or with a final order of removal by an immigration judge) you would not be approved for a B-2 or B-1. In immigration court the burden of proof switches. Currently you are in the I-751 process where you have to prove your marriage was legit, but in court it switches to USCIS to prove - 'by clear and convincing evidence' - that your marriage was entered into for the purposes of evading immigration law. That is quite a bar for them to clear. That is a LONG way away, if ever. Just concentrate on now. Don't rush into anything. This is a long, slow process, and you have absolute rights under law as a LPR. This stuff is a long way away. Just focus on now, and get that refile in so you can travel without worry for now. Trust me man, I'm going through the same hell (seriously, look at my profile signature).

More info needed. Why exactly was it denied? Joint filing, or waiver filing? Did you have an interview? Did you gave an RFE? Were there any accusations? Or was simply it for lack of evidence? Help us to help you. Regardless, you have legal rights, and remain a permanent resident. Yes, you can refile, and yes you can travel once you have (see my extensive signature as proof, i have filed several of the things to date). Right now, from the date of denial, it will be on a 45 day hold, so would suggest you get it refiled within 45 days to minimise the potential for an NTA heading your way quickly. Once you refile, it is much the same as before: they will cash your cheque or charge your card within a couple of days of it arriving. You will receive email/text notification the day after that. You will receive your biometrics appointment/waiver after a week or two, and your new extension letter/receipt will arrive in the mail in a similar sort of timeframe. Your new extension letter is valid for four years from the date of expiry of your card (not from the issue date of the letter), so if you card expired less than four years ago (you don't have a timeline as your sig so I have no idea when you filed), you are good to travel immediately, as long as you return within that validity. If not, then you need to make an infopass for an I-551 stamp, which will be annotated TC-1 (so agents will know it is a refile), and you will require a short visit to secondary every time you re-enter the US to verify your status. You will be stamped in as LPR or ARC - both are admitted as permanent resident, and not paroled. I would not recommend travelling using the existing stamp you have, as it will have the old receipt number notation on it (although note that I have been told by numerous USCIS people I would be ok to do so), so in my mind - and exactly what I have done each time - it is far better to get a fresh stamp, with the new receipt number annotation for any avoidance of doubt. If you do nothing, an NTA might eventually appear, probably in a few years. Legally, you are also entitled to a stamp during this entire period even without a refile, as clarified in case law. However, if you do travel without a refile, you run the risk that you may be paroled back in rather than admitted as a LPR. Info on the actualities and real world examples are very, very thin, and also legally conflicting in multiple places so my advice is just to not do that, by refiling. Regardless of admitted or paroled in, you would be in the county, as you are entitled to a hearing with an immigration judge, and you remain a permanent resident until an immigration judge says otherwise with a final order of removal.

Couple of things. -If they hadn't received the RFE, you would have received a denial by now. -Tier 1s are useless. Glorified drive thru operators basically, so don't take anything they say as gospel, so don't waste your time on the phone. A tier 2 may be able to give a little more info, but don't bet on it. -You could try an infopass, but good luck getting one of those in a timely fashion. -Pay no attention to where the office is. I'm in NY, my last one was filed in phoenix, had an RFE from MO, and was adjudicated in Florida...presumably where Stevie Wonder spends his winters. - If it has been lost, a denial is not the end of the world, especially if it is their error. Keep your proof of delivery safe.

Yep, at a far higher standard than beyond reasonable doubt. 8 USC 1229a: Removal proceedings (3) Burden on service in cases of deportable aliens (A) In general In the proceeding the Service has the burden of establishing by clear and convincing evidence that, in the case of an alien who has been admitted to the United States, the alien is deportable. No decision on deportability shall be valid unless it is based upon reasonable, substantial, and probative evidence. and (Matter of P. Singh, 27 I&N Dec. 598, 607 (BIA 2019)) ““[T]he degree of proof required for a finding of marriage fraud sufficient to support the denial of a visa petition under section 204(c) of the Act [is] higher than a preponderance of the evidence and closer to clear and convincing evidence.” .” ““The application of the ‘substantial and probative evidence’ standard requires the examination of all of the relevant evidence and a determination as to whether such evidence, when viewed in its totality, establishes, with sufficient probability, that the marriage is fraudulent.”

It does indeed (I've had 12 of them)....although with just the stamp you will have a visit to secondary every time to verify your status. With the expired card + letter combo it is usually taken care of at the booth.

Yes, assuming your extension letter is still within its validity period, your extension letter in conjunction with your expired card will remain valid for travel purposes, if for some reason your new card has not arrived. A stamp will also work just fine should you manage to navigate the muppetshow of actually getting an appointment. In the grand scheme of things its a nice non-problem to have really. Don't worry about it.

😂 Much like 'no offence, but....' I get you. Of course I-290Bs can work... but in this case IMHO it was a waste of time, as the application of it is so (and very intentionally) narrow, and it costs the same as filing a new I-751 in the first place.... I tried that once too with my second refile. The N-400 interview appointment letter stated it would be a joint interview for any other outstanding pending cases. They then simply denied the I-751 (without interview, or RFE) about a week before the N-400 interview, and then conducted the N-400 interview as scheduled, and a few weeks later wrote to me denying the N-400 on the basis of 'not being a permanent resident'.

Nope An I-290B was the wrong thing to file. It has a very narrow applicability, either for evidence not submitted that would have made a difference to adjudication, or incorrect application of the law or policy (that you have to cite to them). To the letter of the law, you did not show for your scheduled interview, therefore they were entirely correct in their denial. They don't care that you didn't receive it. As far as they are concerned, they scheduled it, and mailed you a notice of that appointment (even if they didn't). Which is why filing an I-290B was pointless. Dude, I have had three denials, as far back as 2017, and no NTA. I've also been on the receiving end of massive (and proveable) breaches of their own damn policy and federal law regarding adjudication. What is *supposed* to happen does not always happen. So now, you can either sit tight, wait for an NTA that may *eventually* come, and then wait some more, go to court, and ultimately have a judge who may instruct USCIS to re-open it because it wasn't received, which is possible, or a judge who will advise you to file a new I-751....either way it means court. So you can cut out a whole heap of hassle, file a new I-751 now, get back in line, and stop worrying about it for a few years. If you do this, you may avoid having to go to court at all. btw, did you get your stamp?

There are a variety of holds for different things This one was taken from my own FOIA response, after I 'missed' an interview (when no mail notice was received...much like you) As you can see it says 30 days.... There are others too (also taken from my FOIA): It could also still be on hold because you filed an I-290B, or it could be because they think you will ultimately refile, and it is a lower priority as an I-751 with the backlogs they have. Or, they are just totally inept.

Would make sense... it's 'denied' but you remain a LPR until it has gone through immigration court, then BIA appeal, and supreme court. Only then is it 'official' I guess, as that is when your permanent residence is legally terminated. Whereas the N-400 is just approved/denied, with no ambiguity.. Different sectors of immigration. I still find it hilarious that the oldest (original joint) one says 'last status change' well over 3000 days ago (in 2015)...despite the denial for it being received 6.5 years ago, in 2017. Anyway, trying not to derail the thread - my point stands, that your case status doesn't necessarily reflect the current status of your case.

It doesn't for an I-751 denial (as above, that case status does not change even after denied). But it does for an N-400 denial (and case status does too). Go figure.

Sure, but you will be wasting your time. Best solution is to download a case tracker app and refresh it periodically, and to have informed delivery. Also, be aware that case status only updates when it is approved, or if something like an RFE is issued (and a couple of other things). If it is denied it doesn't update, ever - it remains as showing pending.

It would be in one of the pdf parts if you requested your entire A# file. If you specified you wanted just the records of entries you would receive just that (un-redacted too, since you are the subject).

If you think that is bad, you should see the collection of CBP photos taken of you at every entry.... they are all stored, and you can see them all if you do an FOIA request.

Thanks. I'm happy with what they have to show now - the burden of proof is on them, fair and square. Matter of P. Singh, 27 I&N Dec. 598 (BIA 2019), the Board stated that evidence of marriage fraud must be “substantial and probative,” meaning that the determination must involve consideration of all relevant evidence in its totality, and establish that it is “more than probably true that the marriage is fraudulent." “Evidence of a fraudulent marriage “must be documented in the alien’s file and must be substantial and probative.” and “[T]he degree of proof required for a finding of marriage fraud sufficient to support the denial of a visa petition under section 204(c) of the Act [is] higher than a preponderance of the evidence and closer to clear and convincing evidence.” and “The application of the ‘substantial and probative evidence’ standard requires the examination of all of the relevant evidence and a determination as to whether such evidence, when viewed in its totality, establishes, with sufficient probability, that the marriage is fraudulent.” Case law is fun! So right now it is a mixture of zen, anger and furious typing. I am currently disecting lots of pagse of my prior FOIA A# response file for any useful things I may have overlooked or warrant a second look... and looking at lots of other stuff. I must confess, finding a scan of a five page formal legal document with four separate ink signatures on - all of which are completely different - sort of made my morning today, especially as the original is in a box somewhere, safe and sound. I have a lot of other examples now too - very handy when someone is multi nationality and you have copies of all their prior and (at the time) current passports, all with differing signatures..... I will soon be putting in another FOIA request for the newer bits of the A# file since the last one (which covers the last filing), plus another request for a couple of documents from & around specific dates, regarding details of the allegations made, as they must be in there somewhere, and I have still not ever been confronted with or shown them, or given an opportunity to rebut. This is directly contrary to 8 CFR 103.2(b)(16)(i) & also contrary to the clarification in the July 2018 Policy Memorandum PM-602-0163 “Issuance of Certain RFEs and NOIDs; revision to Adjudicators Field Manual (AFM) Chapter 10.5(a), Chapter 10.5(b). “Under 8 CFR 103.2(b)(16)(i) if a decision adverse to the applicant, petitioner, or requestor is based on derogatory information, and the applicant, petitioner, or requestor is unaware that the information is being considered, generally the officer must advise the applicant, petitioner or requestor, as applicable, of this information and offer an opportunity for rebuttal before the decision is rendered. Any explanation, rebuttal, or information presented by or on behalf of the applicant, petitioner, or requestor must be included in the record of proceeding. There is an exception for classified materials.” Also, the regulations at 8 C.F.R Section 216.4(c)(4) state: “If derogatory information is determined regarding any of these issues, the Director shall offer the petitioners the opportunity to rebut such information”. This is also referenced on page 4 of the Citizenship and Immigration Services Ombudsman document of February 8th 2013, titled “Improving the Process for Removal Of Conditions on Residence for Spouses and Children”. I'm expecting a negative and fully redacted response of course. Nothing but the finest service from USCIS. They have to show it to me eventually in/before court if nowhere else, I'd just prefer to see it now.

😂

Thanks. I love finding new bits of 'matter of' case law containing nuggets of gold.... "The BIA’s decision limits the ability of practitioners to seek 237(a)(1)(H) waivers for conditional resident clients in removal proceedings. Arguably, the decision does not eliminate the possibility that some conditional residents can continue to seek 237(a)(1)(H) waivers. However, it limits the class of conditional residents who may be eligible for these waivers. Specifically, the BIA focused on the fact that the noncitizen’s conditional resident status was terminated for failure to file a joint petition. In Bador, a joint petition was initially filed, but the U.S. citizen ultimately withdrew her support for the petition, which under the law is treated as a failure to file.   " That actually raises a VERY interesting point that I had completely overlooked in my case for all this time..... They went to USCIS and claimed they did not know of, consent to, or sign an I-751, so why was their support not withdrawn, either at their request (which you would think would be pretty much automatic if you are claiming that you didn't know about it), or at the instruction of USCIS? Why did it persist as a joint filing for over two years until I had an opportunity to switch to a divorce waiver at interview. It absolutely was still being treated as a joint petition, as I was instructed to tick the 'divorce waiver' box at the interview (the one that I have a recording of too!) Had it just been withdrawn and then NTA/notice issued of failure to file..that would be very different to the present scenario. That has now been added to my notes for future use as that is a very interesting angle. Maybe one day there will be 'matter of mindthegap' being cited....although I really don't want that😅