mindthegap

It isn't a requirement neccessary (as solo fiings) don't need to be excused for late filing, but if you feel the need to write a letter then do so. No need to include a copy of the withdrawal letter, as may confuse things.

The receipt/extension letter extends the expiry date of the card by 48 months, it is not 48 months from the filing date or receipt date. For most intents and purposes, that original filing is dead, so you no longer need to reference the receipt number, or use the extension letter. It will be the new one you need to use from now on, until 48 months from the expiry of the card. If you need to write an expiry date anywhere, it will be the expiry of the original 2 yr card.

Yes. Check box 1D, and then in part 4, box 1a, and fill in their details, as that is who petitioned for your permanent residence. They do NOT need to sign part 8 if you are submitting this with the divorce waiver box checked - they have no involvement in the submission of this form as a solo filing and do not need to sign it.

You do not need an attorney to file a second I-751, and certainly not the second one you spoke to who advised you to wait until court - that one is a clown show. There is no special filing to do, it's a regular filing, same form, same documents (which you can submit later), just a different box checked. Worry about the errors they did with this cancellation later, and you can sort an attorney later if necessary. Just get one filed ASAP and get that receipt.

Yes - can, and should. Quickly.

'Emma' provides you nothing you can't see yourself via my case status or that a Tier 1 can tell you. Tier 1 agents are nothing more than glorified voicemails, and can't do anything except refer you for a callback from a Tier 2 officer.

Correct. ie, they were full of it.

Separate. They had denied the (third? I forget!) I-751 a couple of days prior....when they should have done a combo, and then their denial reason was that I was 'no longer a permanent resident' (not legally or factually accurate...). Zero integrity or adherence to their own damn policy. How on earth do you know the content and substance of what was said? A decade on, I still don't know the substance of what was said by my ex spouse, aside from the couple of lines of summary by USCIS in their denial letters. When I have done a FOIA and requested my entire A# file, that part has all been completely redacted. They also lied to me at interview way back in 2017 when I asked if my ex spouse had contacted them! Snakes, the lot of them...they are not to be trusted.

It'll either be fine or you will end up in the same situation as me....depending on what your ex spouse said to USCIS. No way of knowing in advance. I passed my N-400, piece of paper issued saying can't make a decision at this time, and it was then denied because of the still underlying I-751 issue.

It happens. I had my N-400 interview a week after one of my I-751 denials was sent to me... They will do the interview, you will pass the tests, and they will give you a piece of paper saying 'a decision could not be made at this time'. What will probably happen then it that they will write to you, denying the n-400 because 'you are not a permanent resident' (which was the reason given to me) even though, legally, that is not accurate as you have not had a hearing with an immigration judge and a final order of removal terminating your status.

You didn't really think this through. Because you did the AR-11 before filing, when the I-751 gets logged, the address on the form will be the newest - and current - address on their systems... so the receipt will go to the old address. If the I-751 gets returned (payment denied or forgotten to sign or something).. it will also go to the old address.

You simply caculate an additional 48 months onto the expiry date of your card, and that is now the expiry date you put in. Unfortunately they don't issue 120 month extension letters, so my expiry date is now whenever my current stamp expires - I have to explain this every single time to check in agents and sometimes they have to double check with their supervisors that that is the correct procedure.. It's not an issue, just takes a few minutes. As for not bothering and just doing it at the desk, some airlines won't allow you to check in (or select a seat) until you have put in the info, so it is helpful to know how to be able to do it.

A permanent resident card - whether unexpired or expired - IS an I-551

To quote Alonzo (Denzel Washington) in training day: If you go for the cruelty waiver, you have to prove it. This is nothing new. As possibly ridiculous as that sounds - & being contrary to - in the age of 'believe all victims', and when combined with the fact that many forms of abuse are not even really documentable as they aren't physical (believe me, I can attest to this), it remains the case with regards to immigration law and USCIS policy. You were denied as a result of not providing documents proving this, and not producing what they asked for with the RFE. Now, what constitutes 'proof' is entirely subjective of course.., but proving someone is a terrible spouse does not prove they were abusive. Would suggest you get rid of that lawyer too, if they did not give you correct information regarding the RFE or follow your instructions in response to it.

No

That isn't an issue. What *might* be an issue is filing as soon as your 90 day window opens and a biometrics appointment arriving while you are out of the country and you missing it. In your circumstances I would be be mailing the I-751 right before I travelled, so the receipt/extension is waiting in your mailbox upon your return, and you are minimising the risk of a biometrics appoinment arriving - or worse, being scheduled for - while you are away.

Yes. The 2yr card is valid by itself for travel to the US and for entry until 23:59 on the expiry date printed on it.

And, unfortunately, really ******* difficult, even with clear facts, witnesses, statements, and the actual freakin' law on your side.

Well, @OldUser said "Worst case you can be denied and being prepared to be placed in removal proceedings" which IS accurate. Legally, they can - and do - regularly deny cases for missing a biometrics. USCIS are horrendous at rescheduling these things, and it isn't uncommon at all. They also specifically said worst case, and removal proceedings, which is an entire process that is initiated upon a denial, and not some sort of instant deportation. It was helpful. Just because you don't like what you hear, and the possible consequences of your actions (yes, you were travelling, but the legal onus as a USCIS applicant and a resident alien is squarely on you to be informed of your status and any appointments pretty much at all times) doesn't invalidate the comment at all. [Edit] - I just noticed this is a couple of month old thread that has been bumped by someone in the same situation. My comment still stands though.

Yes it does and yes you can. The reason some people are advising don't travel is because there is a very real risk it could be denied while you are out of the country, because you have missed the biometrics appointment. That is the law. USCIS are notoriously bad with biometric rescheduling, and often if you miss an appointment they usually just deny, without sending another appointment. The onus is always on you, not them. They simply don't care - you are just a barcode to them. Legally, you are ok to re-enter the US even if it is denied while out of the country, but that is legally speaking. USCIS don't always follow the law, and CBP make the odd howler from time to time too. People are erring on the side of caution here, for your sake. Note that the guy you spoke to was talking rubbish. They can do it, he just didn't want to do it. They scan the barcode when you arrive, take the info, and done. Many of us here have done walk ins before or after the dates, it really doesn't matter. Try a different centre, or a day when that person isn't working perhaps. Also, please stop referring to it as an interview - it isn't. It takes about a minute, is purely procedural, and your terminology can confuse it with an actual I-751 interview for people trying to help you.

Do a walk-in. Now. Tomorrow. Monday. First thing, last thing, whenever, just do it as soon as possible, and definitely do it before you leave the country. Take your appointment letter as it has a barcode the need to scan. You can't do a walk in without an appointment, but you can - at their discretion - do it with an appointment on a different date. source: done it myself multiple times. If you don't they will - in all probability - issue a denial, as per policy. Don't take everything USCIS tell you as gospel - they lie (frequently), and are also wrong (frequently) about their own policy, and the law. Yes, yes, you can refile if denied, but it is a pain in the butt as you still have the prior denial to deal with concurrently (as I know only too well). Yes, you can board a flight to & re-enter the US with your expired card AND the extension letter/receipt. Because they are talking rubbish.... You are, and remain, a permanent resident, and have a valid 48 month extension letter to accompany your expired card.

No. For a start, mine only exists in stamp form in my foreign passport, which would be utterly stupid & impractical to have with me at all times. I have a photo on my phone of the expired card, the current & expired extension letters, and current & expired stamps. They are all also securely uploaded to dropbox. I also have a valid real ID. I feel that, despite the wailing and scaremongering, "Ihre Papiere, bitte" or similar is unlikely to become commonplace in the US....

No. Not to mention they won't even give you a stamp if you have a still valid extension letter.

Yes - I am in double digits for stamps now (I think it is 15?). I get it renewed every year. It is important to note I ONLY get the stamp because my card expired almost a decade ago, and the 48 month extensions extend the physical card beyond to a maximum of 48 months beyond its expiration date (NOT from the I-751 filing date) so are useless to me, so the stamp replaces my extension letter. If it expired less than 48 months before your extension you would not need a stamp and could travel on the expired card + extension letter combo. Yes, and yes. I have travelled many, many, times out of the US and back in since. Remember, I have multiple I-751 denials. Understandable. The law is clear. Have a read of my post HERE and you will get some (very) detailed info and verbatim quotes from the actual law and genco 96-12 about this very thing.

Yes. Although if you refiled very quickly, you will most likely avoid any NTA being issued due to the options they have when denying and the 'hold' time they put on it. But it doesn't matter so much as it was denied on a (surprisingly common) technicality, and you have a newly filed I-751 anyway which will hopefully be approved at some point.