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mindthegap

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Everything posted by mindthegap

  1. No. It looks like this (I won't post one of my 12, as can't be bothered to redact the info), so this one is a stock image from USCIS Once endorsed, and hot stamped in the passport, it acts as a temporary GC (which is an I-551, this is an I-551 temporary stamp) for a period of one year.
  2. I did....in the last paragraph.
  3. I would caution against travelling out of the US in your present state - that is, to say with an incorrectly issued 10yr card and an I-751 extension letter. The extension letter is only valid when accompanying an expired 2 year card. By itself it is useless - for API, for boarding, for entry, for anything. The 10 year card, when run - possibly at API/check in but definitely at the border - should show your correct status, which is that of a permanent resident with an expired 2 year card with a pending I-751...buuuuuuut you would be presenting an apparently valid & unexpired 10 year card, without a pending I-90........ You see what I am getting at here? It could open a whole can of messy worms for you to have to explain and may take a little while. Take it from me, visiting secondary every time sucks. Could it work? Possibly. Is there massive potential for being stuck overseas and having to pay 600 bucks for a boarding foil? Absolutely. Best not to take chances. Thankfully, there is an easy(ish) solution, which is an I-551 stamp in your passport, which negates the need for the extension letter. Get an appointment made, and when you have an appointment, take along the 10 year card, the denied I-90, and your new receipt/extension, explain the situation, and they will hook you up. Unfortunately this needs to be renewed every 12 months, but better than the alternative.
  4. It means it has been accepted, and you will shortly receive your extension letter in the mail. Relax.
  5. May 2015..... Quite.... Not a competition I really want to win, or frankly even entered into...but yes, it is somewhat ridiculous at almost 9 years at this point. Admittedly that is three filings, but that just adds to the sheer ridiculousness of the situation. To the OP, get yourself a cup of tea and a good book. You are going to be waiting a while - there is a reason they are currently issuing four year extension letters.
  6. Another quality 'attorney' who possibly got their law degree free inside a packet of breakfast cereal. What a clown. Dispense with their services immediately. I wouldn't worry too much. Late filing isn't a massive issue. Just await the extension before any travel.
  7. It happens. That is life. Learn from it. Not their decision. They don't own you, and it doesn't work that way. Call the cops and file a report. Not only because it's illegal, and for your safety, but also for your upcoming USCIS issues. Get everything documented from this point on. Committing multiple felonies isn't cool, kids. Not going to happen....I mean, how stupid are people that they think they can do this? Unless they are dumb enough to claim they knew it was fraud (in which case they are admitting to a felony). It'll be a divorce. Firstly, relax. Despite your spouse's threats, you won't be instantly deported. You are a lawful permanent resident and have rights. For your permanent resident status to be stripped, is a very long process right now....involving several stages, with long wait times for each. You have rights in law, that are absolute. You are on step 0 of about 347 at this time. Secondly, protect yourself. Report his thefts to the cops. Get away from him (or get him away from you). Protect yourself first and foremost. Thirdly, if divorce is going to happen, then get on with it. No point dragging that out, especially in these circumstances. Fourthly, gather documents. Anything and everything that has a shred of stuff that you were together - for the entirety of your relationship, but especially since you were married and gained your conditional status. Bank statements, mail addressed to your both, bills, copies of IDs showing same address, cards addressed to you both, junk mail. Everything and anything that demonstrates a link. Doesn't matter how insignificant it may seem, just grab it all, copy it, and keep it safe, in case they decide to mess with that stuff. Divorce is not a reason for I-751 denial. Doesn't matter that you had an affair, it is still not a reason for denial. You can file an I-751 by yourself, at any time, once you are divorced (or close to it) so get on with getting that divorce sorted. As a divorce waiver filing, they are not involved in that. Sure, they can make things difficult - as someone on the receiving end of a lying, unfaithful, bitter and mentally unstable spouse who then told lies to USCIS to try to get me deported I can absolutely attest to that - but stick with it. You aren't an amazon package they can simply return if things don't work out. When does your conditional card expire? Let's start there.
  8. Live your life for YOU, not for some arbitrary and completely subjective USCIS 'list'. There is no 'right' or 'normal' way to run a marriage, and many couple live apart for extended periods for a variety of reasons. Document everything in this case. Visits, facetimes, phone calls, text messages, emails, cards, random gifts/flowers/cookies you send via goldbelly to one another. The more evidence you have, the more you can provide, and you can't provide what doesn't exist.
  9. Cool, don't forget that with the I-131A, I am fairly sure you need to pay before taking it to file (as written in the 'where to file' box on the link). You had your I-551 because you filed an I-751, right? And the extension letter ran out, and you got an I-551 stamp, correct? Then yes, you are an LPR. A conditional LPR, technically, but thats semantics as a conditional LPR is an LPR. The stamp is evidence of your status, not the status itself. Only an immigration judge can terminate your status (or yourself by filing an I-407, which I'm fairly sure you haven't done). Well, since there is no 'I'm an idiot who left the US without having proof of status and without consulting VJ first' option, you would select the first one, which is' "Returning from temporary travel outside the United States of less than 1 year, and your permanent resident card (also known as a green card) has been lost or destroyed". It technically hasn't but it would result in the same situation you are in - being stuck overseas with no current proof of status. Thats the closest option to your current predicament, the same as if you lost/someone stole your passport with your I-551 stamp in. The second option is applicable to those LPRs with re-entry permits (confusingly called an I-131, which is very similar to the permit you need which is an I-131A, but is a completely different thing), who have been (legally) out of the US for more than one year and less than two years. This is not applicable to you. The third is for those who aren't LPRs and are travelling while on EAD, advance parole and other such similar status. This is not applicable to you. Yes. Again, The stamp is evidence of your status, and not the status itself. You are a conditional permanent resident. You are a permanent resident up to and beyond that being adjudicated. Only an immigration judge can terminate your status (or yourself by filing an I-407, which I'm fairly sure you haven't done). In some ways it is designed to be confusing and opaque. How do you think these clowns make money? Yes, you do now know more than the agent, but stay humble. Be assertive, and firm is necessary, but humble, and remain calm. You are a LPR, you have rights enshrined in law, and yes, you now do know more than the average person, thanks to this expensive lesson. Remember, there is still always the option of the cheapest flight to Canada or Mexico and entering via a land border. Book the cheapest return you can find, to Toronto, Montreal, or Vancouver, find your way to the border, and then when in the US throw away (forget about) the return flight - it would be cheaper than booking a one way. *yes I know the OP is not an idiot and it is not a personal attack. I'm posting it to emphasis the very real seriousness of their predicament. Hopefully it will assist someone else in future who searches for it, and prevent them ending up in the same situation.
  10. Matters more on dating profiles than USCIS. They don't care.
  11. HUCA - hang up and call again. Not all agents are created equal. The info on an I-131A (commonly known as a boarding file) is HERE . You pay and fill in the form before taking it in person to the embassy - the instructions are there in that link. This alone demostrates the person you spoke to knows absolutely nothing. Permanent residents are not eligible for ESTA, and if you tried, would more than likely be denied, and if not, it would almost certainly get picked up by the API. This is not an option for you.
  12. Oops Quickly invent a time machine, go back, and then request an urgent appointment with imminent travel within the next few days, meaning you would get given an in person appointment as a highest priority (the urgency of the travel dictates the speed). Failing that, your only options right now are: 1) Wait and see if it does arrive while you are away, and get it FedEx'ed to you there. It's only a small piece of card. 2) Fly to Canada or Mexico, and enter via a land border. They won't be happy, and will let you know they aren't happy, will take you to secondary to verify, but you will eventually be admitted. 3) Embassy for an I-131A boarding foil. Circa $600, plus a wait and a load of hassle.
  13. Except on the form, there is no 'separated' box, nor a 'living apart but thinking about it' box. There is the joint filing box, or solo filing box because of divorce/annulment box, plus of course the deceased, extreme crueltly, and hardship options. Like I said, it's a binary choice at this point in time for the initial filing - you are legally married, and you are filing jointly because none of the other situations are applicable to you. So, what you are doing now is correct. It is a mess entirely of USCIS' own making. If you were to tick the divorce waiver box, you would receive, shortly after filing, an RFE for your divorce paperwork. If you couldn't provide that - and how would you be able to, when you are still married - you would receive a denial, which would neccesitate either a refile, or a long wait then a trip to immigration court (at which point, an I-751 would still need to be filed and approved). What happens later - should you get an interview, or you get divorced in the several years before that may happen - is an entirely separate discussion for a later date, and yes, being divorced before approval and not notifying USCIS could potentially throw up issues.
  14. Nope. Married, or divorced. It's a binary choice as far as the filing is concerned. Now, approval is a different matter, and thats where the shades of grey come in...
  15. Yes. Everything. Every single thing you can think of, obtain, remember, that shows anything connecting the two of you in any manner, both in address and in life. Every. Single. Thing. Get some more affidavits too, from people who know you both as husband and wife, down to the random person in that shop you can think of that knows you both. Print off random emails between you asking what groceries you want that night, or seemingly run of the mill things you have texted (with the date showing). Show that you have ecxhanged 5643 emails over the last 3 years. If you, as many are, are weak on this specific stupid arbitrary checklist of evidence that they somehow deem in their heads is necessary - and bear in mind this load of rubbish is completely subjective and down to the individual officers whims and what/how they personally perceive a 'valid' relationship - then it's time to get creative, right down to the junk mail that comes in the mailbox addressed to you both. You cannot provide what doesn't exist, so all you can do is provide what does. That is why my last filing was over 4000 pieces of paper (printed front and back). Everything. Just chuck it all in there.
  16. Simple letter, notifying them (not requesting) that you wish to switch your previously filed and currently still pending I-751 filing, receipt #xxxxxx, to a divorce waiver, and that you are enclose your final divorce paperwork.
  17. Well technically, I've been waiting since summer 2021, as that was the most recent fiing. One RFIE in april of 2022 for divorce paperwork that was (very clearly and prominently) contained in the filing. The 2015 one (the original joint filing) took two years. The 2017 (first refile) one took four years. This one? Who knows. Will probably have a base on Mars before it is concluded.
  18. Zero risk. The A# input into API will check out as will the the expiry date of of extension letter put as card expiry (standard practice), and the extension letter plus expired card is valid for boarding as per carrier information guide. Worst case would be a quick visit to secondary (my entry last week took under 3 minutes) to verify status, but with a card + letter combo that probably won't even be required and should be done at the desk. They are a LPR (2 yr with pending or 10 year, it makes zero difference you are stamped in as LPR regardless) and have valid proof of that status, so there isn't an issue here. Put it this way, if it wasn't acceptable to use the extension letter to return in such circumstances, then there would be effectively a blanket issue on anyone with an extension for a pending I-751 travelling out of the country, as it could be approved at any time while out of the country, effectively stranding them overseas with an approval but no new card in hand. That makes zero sense (granted, much like lots of USCIS) and simply isn't the case.
  19. Is your extension letter still valid (as in, within the stated time of validity beyond the expiry of your card)? If so, you can still use that in conjunction with your expired card. Thats if your new card doesn't arrive in time. If you do call USCIS to request a stamp, you will need escalating to a tier 2, and need to be stating the urgency of imminent and/or emergency/essential travel. If not urgent, they won't call you back within 30 days as it will just be a standard stamp request. If it is is marked as urgent, then they will. You may or may not need to provide proof of this - some offices do require it, some don't.
  20. And yet here I am approaching year 9 of I-751 hell, and my ex spouse had zero evidence of what they said in their allegation either - there was zero evidence as it was a complete fabrication from their twisted mind. I on the other hand, have specifically refuted this with evidence, and USCIS do not want to know, or care. Rest assured, a properly motivated bitter/psychotic spouse can make things extremely difficult and expensive for the immigrant.
  21. Divorce is not a reason for I-751 denial. Officially anyway. In practice, they absolutely do view it as a factor. Just concentrate on as much quality evidence together as possible. Pro tip: if you have correspondence/documents from you both attending couples counselling (appointment letters, receipts, or whatever), then include them... it's actually an excellent piece of evidence that shows it was a legitimate marriage that you were trying to save. Nope. I would not mention that at all, unless they specifically ask about it. That is of course a perfectly sensible and standard thing for many people when entering into a legitimate marriage, but in this context others may view it as suspicious, and given this process is completely subjective and half the time made up on the whims of whoever you are dealing with, it may cause issues.
  22. Try a walk in first. This is usually possible with biometrics as long as you have an appointment scheduled and the letter.
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