Stephanillia

Hey guys,
 
So Yesterday I got the approval notice in the mail. I also got a notifications about my N400 that it's being scheduled for an interview but I don't have a date yet. The only thing is that when I applied for the N400 3 years ago I was still married and under the 3 year rule. Now my eligibility would be the 5 year rule. Can I change my eligibility in the same application from 3 years ago or I would have to apply a new case ?

Many divorce waivers get approved without an lawyer...

Are you a May 2017 filer?

If you’re just now filing, I’d suggest you look for the January 2019 group, not the May, 2017 group. Most people in this group are done with the process and moved on. 

Are you a May 2017 filer?

You are permitted to file an I-751 - or multiple I-751s - at any time, right up until a final order of removal and termination of status by an immigration judge.
ALL outstanding I-751s must be adjudicated by USCIS before a hearing and if you file one once proceedings have commenced, they will be stayed (adjourned) until after adjudication of the I-751s. 
The I-751s will be adjudicated on their merits.
 
 
You were ill-advised to leave the US after denial and without filing a fresh one before leaving, emergency or not - and that is why you have been paroled in and not admitted as a LPR with a still-pending I-751.
Ignoring/losing/not addressing the RFE in the the first place - in the full knowledge that it was sent and not responded to - was foolish, and the trigger for the mess you are in now.
 
 
 
 
 
He didn't, and that isn't possible now. Way past that point.
 
Clearly

It is unusual, but it isn't unheard of. I don't think USCIS will find much of an issue with it if she gets the documents that they asked for.
 
I cannot believe this thread is still going. Seemed pretty straightforward.

I agree. I did send so many things that weren't mentioned on my RFE letter. So resend what they didn't mention on the letter. 
Got approved in December 2018. 
Good luck!!! Enjoy your trip. (And like VJ friends mentioned collect as many evidence before you leave) 

Don't forget that the "worst case scenario" right now isn't denial. They'd call you for an interview first, if they didn't like the RFE response. So don't overly sweat it.

Not only that, the RFE specifically suggests sending them.

They didn't list those as something they received in the RFE. I would send them again.

If there is anything you sent that ISN'T listed in the RFE, resend it.

Wills, powers of attorney, medical powers of attorney, etc. are excellent pieces of evidence. Laws vary slightly by state but you can usually download forms online and fill them out pretty easily.

No need to hire an lawyer at this point. Send them what they are asking for. If you don't have certain things, include a personal statement.
Try to send the RFE response as soon as possible,
Good luck!
 

Write also a note under every picture where it was taken etc. Good luck!

I wanted to thank everyone for their support, it's been such a whirlwind for me and my family! I retained an attorney not long after this happened to begin my annulment, it was filed before Christmas  Definitely a nice gift to begin to move on with my life!! My ex's ESTA indicates he's longer eligible for the Visa Waiver program, and his interview was cancelled yesterday,  applications to adjust his status have been denied as of today! I have not received any paperwork acknowledging that my affidavits were withdrawn yet- but I will follow up, I know its complicated with the shutdown.  I'm glad I acted quickly, and the government did as well! I feel free of all of the stress and many issues I dealt with during the marriage, and I'm getting past the anger over the betrayal and taking time to pamper myself and enjoy life with my family and once the annulment is done I have plans to take several wonderful vacations around the world now that I have one less person to support financially

@lanalexis I am sorry this happened. I understand you are very shaken but try to remember sexuality is not always black and white/gay or straight. There are countless categories. I was actually helping my kid fill out forms for dorm housing at a state school and they had a huge drop down list for gender and what you 'identify' as. It was crazy. 
 
There is no phone number besides the 800 one and a general email case status thing. Neither would help you. If he came on  K and you filed an AOS packet the only way to stop it is to send a letter with the info to the service center you mailed the packet to. If you didnt file yet theres nothing to cancel. He has legal status in the US until his K expires, if it hasnt already. If you did file and his K 90 days is up once they get and/or acknowledge your withdrawal request he will no longer have authorized stay status. 
 
Speak to an attny about how to end the marriage and send a letter to USCIS as soon as you can. (hugs)

With an Asian passport and without an actual physical green card, Lufthansa may require a visa/gc to transit through Frankfurt. A pax with a European passport on the other hand may not be required to possess a US/German visa to transit and thus allowed through with an extension letter.

I had my official 12 month extension. Guy at the emirates counter was young and very courteous. He told me that they are fined for boarding a person who does not have valid visa to USA on a flight US bound.
 
Transit visa requirements are different while travelling on Indian Passport. Europe does not provide a long term visa for visitors either. Painful to transit or travel thru EU for me.

That's why I prefer going with the stamp- even though I got both of the letters- 12month and 18month extension- I did make an appointment and got a stamp in my passport. 

Folks today I had approved  4 Vawa   cases that I filed in July and August .
 
US Immigration will end the infopass appointments  soon , I am going to post here later more details ok.
 
I will have a meet up probably in March in New York, and I will post here when I have the date, it will be probably at the Trunp Tower, I had the past 4 meet up there . I  will discuss about co dependence.Every year new people are participating and learning about how co dependence destroy the person’s life and how much they hurt others in the process .

This sounds like something out of 90 day finance but with the episode of the ex marine marrying that really rich lady from Indonesia who hates him having to pay child support and kicks out his own daughter out of their place.

OP hasn't really said anything to suggest abuse. All she's said so far is that her ex left her alone and then went back to his ex. Unless she left something out (which I doubt), I don't think she qualifies for VAWA.

Hello @Katerina Hall
I was very upset to read that your husband betrayed you and filed for divorce. 
 
First of all, I totally understand you want your document back. But I am not sure how you can get it back if he doesn't want to give it to you. If you were here, in the U.S., you could file a police report with e-mail as a proof that he has your work permit.
 
You can try to get a tourist visa but considering your particular case it may be problematic. But at least, you have a chance to try to apply for it and see what happens. 
 
In addition, you may be eligible for spousal support and to try to get something from his assets. You deserve it because he did a bad thing to you - a miscarriage. It is his fault and he has to pay for it.

Alright guys. sorry for the late update, but I came back yesterday and slept the whole day, since I didn't sleep the night before at all.
 
I walked in to the USCIS, the security guy checked my appointment notice and ID and said to check in at window 1. I walked to Window 1 with the lawyer and we handed in the notice and she was looking the appointment up and came back to us and said there's no appointment. I said sorry what ? You mean I made the notice up ? she said all the appointments today for 485 no interviews for 751 in the system. I started to get nervous. the girl said leave me the notice ill make some digging around. 10 mins later she came back to me and said I found it. It was a special appointment not in the system. the lawyer asked who is the IO conducting the interview she said officer G. Abraham. the lawyer asked if he was running on time or not. the girl said that she didn't even see him today at all probably he's coming only for this interview. This is when my heart start racing so hard that I could hear him with my ears. I looked at the lawyer and said that wasn't a good start. she tried to make me feel better and said that if we get denied I have a much better chance at the immigration court. I said that doesn't help. anyways I started to get myself together. 15 mins later I was called by the IO. I walked into the room. The IO started with this is only a 751 interview no N400 at this point. I smiled to him and I said let's do it. the lawyer asked that we have two 751, the first one is joint and the second one is waiver solo so she asked him either to switch the first one or to conduct the interview for the second one as it is waiver. He said yea I know I have all the cases in front of me. Would you like to withdraw the first one and conduct the interview for the second one ? She said yea. so He gave her the paper to write that down and made me sign it. so we started the interview with how long have we been married, I said 4 and half years. he asked for my address currently  I told him. 3rd question was about my brother and where he lives (FYI my brother has an I130 pending since 2015) so the lawyer asked him how is the relevant to the 751 he said did you have time to review the case she said yea he said Im reviewing the case now it's my time and my interview. he said this is a big case and there's allegations and investigations by HS on him and his brother. I said its okay I figured when the 751 got pending for 4 years. so I answered the questions about my brother. He was run and tough. He pretty much asked about everything. where we lived, addresses and dates, her parents names and where they live to the best of knowledge. He asked me if I'm currently married I said yes, asked about her name and if she lives with me or not. He asked me about some charges from 2017 and what was the outcome of them. I said dismissed and showed him the paper work and took copies of it. He came back to my brother again and the lawyer got mad and asked him if there's any intention for adjudicating the 751 or where just here so you can grill him alive into mistakes, she said because this is not a 751 interview ? He said listen this is a big case and this is my interview. There's no IO comes into an interview with the intend to deny. She said look at the evidence and the papers he submitting, He said in a normal case that what I would be doing but this is not a normal case and if you don't like it perhaps you shouldn't have taken the case from the beginning. At this point, I lost hope. My heart stopped racing. at this point I didn't have anything to lose. so he would ask the question and I would give more details than he wants to get him lost. I showed him everything I had. the leases, insurances, on top of the normal list, I showed him texts between us since 2013 I printed from my phone, FB posts from me, her, and her mom. he asked for her mom's name I gave him her name and her maiden name. I showed him over 100 picture that he asked about 70 of them. he asked where was the picture taken and who was in the picture beside us. He kept some texts randomly and he kept some pictures randomly in the file. He ended the interview with a picture taken from me and fingerprints take for some reason IDK why. at the end he apologized to me and to the lawyer for the way the interview went. He explained to me that they had tips from a female that called them couple times on me. They thought it was my ex-wife in the beginning that's why everything went south ways for me and that he was just doing his job. I told him that I understand and appreciate him telling me that. I said I really don't care what happened all I care about is that I'm here now and I've waited for that day for 4 years so please let me clarify anything dirty on me or in my file. he said that he got everything that he needed and that he was satisfied at this point. he's gonna review the whole file again and will make a decision and mail it to me. then he started asking about the tips and who do I think that made them. I said I really don't know and have no idea. He said why would someone do that to you I said I guess it's a bad luck or whatever you wanna call it. I said being an immigrant is not easy, while you walk around anyone, if you piss off someone that would be the first threat that you get " I'm gonna report you to the Immigration" He said it's not true. I said I'm not saying that this happened with everyone or everywhere. I'm saying that happened to me and to people around me. I said I'm a regular guy not everyone likes me and not everyone hates me. It just depends on the person and how far he wanna take it. and I believe that what happened to me I believe I pissed off someone back in 2014 or 2015 and this is what happened. He ended the interview and shaked my hands and I left. I had a small conversation with the lawyer. She said you did good and I think we're good and I think they gonna mail you something next week or the week after. She said that she was sorry for the intervention and getting him mad but if I didn't stop him he would take that road deeper. that concluded my interview and my experience for yesterday. Thanks for all the support guys.

It seems based on your knowledge/understanding of immigration law his case is too complicated for you to provide a response, that does not mean that everyone on VJ is also unable to answer him or provide the correct advice. Many posted correct information. 
 
And for the record USCIS forms or processes do not ever require an attny. Often it is recommended to get one in complex cases or for court appearances but technically the forms and processes are intended to be used with out having to hire a mandatory attny. Tons of people file waiver ROC on their own, tons of people switch from joint to waiver as well with no attny.
 
While it is not necessary to file a new 751 to switch to a waiver there is nothing stopping someone from filing numerous 751s. Some attnys will gladly file multiple ones (charging for each) even though its not necessary since it is allowed. USCIS will adjudicate the 751s in order received and policy allows the Officer to convert an existing joint to a waiver when appropriate.