ie1059

Hello All,
 
I did not have a chance to update this thread earlier, however, recently the job I got (after being laid off due to covid) did not ask for greencard specifically, i gave them a copy of the driver's license and social security card copy, which was sufficient for them.
Unfortunately, my wallet got lost at a gas station, and it had my credit cards and driver's license in it.
The TX DMV office requires that I show a current permanent residency proof in order to get a new driver's license. On calling the 1-800 number and talking to a person, driver's license is not an urgent request and they won't give me an appointment, unless it is for work or family medical emergency abroad for travel. 
 
What should I do now?
 
This driver's license is the same that I submitted as part of the I-751 evidence. Will getting a new license (tx changed the design of the license card) affect my application if they ask me to show original? (I am called for an interview, not scheduled yet)
 

It is very nice of you to attempt to help your friend like this but its better if they participate in the conversation. If they do not have a VJ account encourage them to make one and join this thread.
 
The first and most important thing- HE MUST ATTEND THE INTERVIEW. He will go by himself and at the initial intake when you check in they will ask about why the spouse is not present in the waiting room (as she is suppose to be there). He just needs to advise them he is separated and needs to switch to a waiver 751 as the wife will not be attending. Now if for some reason the wife does show up (to make trouble or otherwise attempt to interfere) he should not attempt to speak with her directly. He just needs to advise the worker at the desk in the waiting area or security guard of her presence and she will be removed. They will not conduct a joint interview once they know he is switching to a waiver. This is a scenario where you have to trust the system works and its not his responsibility to remove her from the office or ask her to leave. They will handle it.
 
 So he checks in for his interview and advises them his wife wont be attending because they separated and he needs to switch to a waiver. Once he is brought in to be interviewed they will want to know which waiver he is switching to. So which waiver or waivers is he switching to? When you switch to a waiver you do not need to fill out (or pay) for a new 751. They can make changes to it. Sometimes you have to sign a paper on the changes you are asking for other times they make the changes based on your verbal consent to do such.  
 
If he requests to switch to a divorce waiver then they will need the divorce decree to approve him. He will not have that so the Officer will conduct his interview and most likely will issue him a RFE for the decree as well as any additional proof of bonafides if they are not satisfied with what he already submitted and his answers in the interview. He most likely will not have the decree in time if the wife is contesting the divorce. Thats OK. USCIS will technically have to deny him as they can not approve him w/o the decree. He does not lose his LPR status. Its best described as a 'soft denial", meaning USCIS denies it in their system but it doesnt actually get officially denied until a Judge says so. So USCIS issues their soft denial and a NTA for court will be issued. 
 
Now heres the thing. Courts are slow and extremely backed up. The general goal is to try to avoid getting entered into the court system because once you are entered in you must get your case out. Typically it is advised to hire an attny to help you navigate the court system as it can be complicated and hard to navigate on your own. 
 
There are many variables that can impact how things will happen so I will try to go over as much as I can with out making it too confusing. So going back to the scenario where he gets an RFE and knows he wont have the decree to send back in time. He would respond to the RFE stating he does not have the decree yet. From USCISs side- they will get his RFE and process it. That can take 30-90 days. They would then have to issue their soft denial. He would get a letter that can be very scary as it doesnt say this is a soft denial and everything will be Ok but rather a strongly worded letter implying he was denied and is going to be sent to court. Thats just the way the letter is worded but again its OK. Then USCIS needs to forward his case to the court. So there is a period of time in which he will be in limbo. Where he was issued a soft denial from USCIS but the case was not sent to court. This is important because he will want proof of his LPR status (as most likely any extension letter from his original ROC filing has since expired). USCIS can give him a stamp showing he is an LPR after they issue their denial but only after a NTA for court has been issued. In that limbo period where the soft denial was issued but it hasnt been sent to court they can not give him a stamp. 
 
Now the recommended strategy is to send a second 751 asap. Most people are unaware but the 751 allows you to file it as many times as you want. Each 751 case moves on its own. So if he files a second 751 he will get a NOA for it. He can use that NOA to get a stamp and prevent any gaps in having proof of status while the original 751 goes through the process of the soft denial and being sent to the court. He would send the second 751 to the address the instructions dictate- not directly to the local office. He will have to pay the fees for it as well. 
 
Then he will have two 751 cases pending. Think of them as two separate trains. They will each move forward independently of each other. But again if one of the trains gets involved in the court the court must release it back. Often USCIS will issue a soft denial and then hold the case and not promptly send it to court. This is because they know the courts are backed up and if you have a second train already in motion in theory you can be approved with the second filing before the court would even get to looking at the first one. But theres no requirement for them to hold your first case. Sometimes they promptly send it to the court. You can not control any of that, you just need to do what needs to be done based on what is required. So if the first case is sent to the court you have to deal with it. 
 
Now the Judge can not adjudicate 751s. They simply review the denial USCIS presents them with and either upholds it making it official or they send it back to USCIS to be looked at again (because you now have the divorce decree). Sending things back to USCIS - or having them reopen a case is a slow process so again its recommended to have filed a second 751 so that there is an active 751 at USCIS when the Judge directs them to look again at it. USCIS does not have to reopen your original 751, they can approve your second filing instead once the Judge 'removes the freeze' that was placed on  you being entered into the court system. Does that make sense? 
 
Ideally one would be given a soft denial by USCIS and either they promptly filed a second 751 afterwards or did so before the soft denial and USCIS also graciously holds off on sending you to court and is able to approve your second filing and you are able to avoid the court system all together. If that doesnt happen and USCIS does move forward with sending you to court as explained you need to navigate yourself out of the court system and an attny is usually recommended to do such. 
 
Now if he is seeking to use the abuse waiver he does not need to be divorced. He would need to show proof of bonafide marriage + proof of abuse. Here is a link to a sample RFE for the abuse waiver and what would be required to establish abuse.- https://www.olender.pro/sites/default/files/Conditional Residence - Sample I-751 Request for Evidence.pdf  Does any of that apply to him? If so he can request to switch to the abuse waiver and bring the evidences with him to the interview. He does not need to show a divorce decree to be approved under abuse waiver. 
 

Hi,
 
 
I am in quite a similar situation according to your timeline, filed in Nov 2018, contacted congresswoman of my district, the reply they got was that my case is with my local office but physically the A-File is still at NBC (That's where all files are routed through that need an interview for adjudication). USCIS also told my congresswoman that I should look for the processing times not for Texas (SRC) but for the "All Field Offices" dropdown option. That option now shows 1st week of November 2018 in the worst case. I am hoping that in April sometime I should get my interview scheduled.

Hi!
 
I hope your interview goes great and you pass with flying colors!! Don't worry, God is with you!
 
I am a Nov 2018 SRC joint filer, got 2 RFE's, one for additional evidence, sent a 7 lb package to them and changed to waiver at the same time, and another RFE asking for the divorce decree, smack in the middle of COVID lockdown. My court process wasn't over due to covid delays and non-cooperation from spouse, so had to send the RFE response with the divorce petition and explaining court delays due to COVID. Later they moved from SRC to National Benefits Center, then changed status to ready to schedule interview, still waiting on that. While waiting, court process completed, and sent in my divorce decree as response to the 2nd RFE again, they receieved that response is the latest update from them. Been 28 months since filing, totally out of the processing time for SRC filers. Have contacted my congressperson, they sent in request to USCIS on my behalf, but haven't heard back as well.

While me and hubby drove back home I noticed on the way when I checked for updates that my card is now being produced. 
 
I AM SO HAPPY!!!
 
the stress is truly over for me. I hope for anyone still waiting that you get your approval as well. 

Well guys , I finished the interview.
 
I was nervous so my hubby did most of the talking which helped me be comfortable to talk as well and from how we took it that it looks like we got approved.
 
interviewer said I should know 100% in 2-3 weeks .
 
I am about to be in tears . After 2 years ,1 month, 1 week and 1 day from mailing the ROC I felt a lot of the weight has been lifted from me.

If you consider that most of these denied petitions will be appealed and won, that pushes the denial rate well below 5%.......In my opinion, that is good reason to just eliminate conditional Green cards all together.  Just issue 10 year cards.

I have seen that about 75% of cases which go to the judge are won by the petitioner.

I too, with recent experience with planning my estate affairs.
 
Heed what Sukie has written about the need for these documents in "life.".
 
Documents to draft (for both spouses):
  -- Last Will and Testament
  -- Statutory Durable Power of Attorney
  -- Medical Power of Attorney and HIPAA Release Authorization
  -- Directive to Physicians and Family or Surrogates
  -- Appointment for Disposition of Remains
  -- Appointment of Guardian for Children in the Event of Death or Incapacity
 
The first "Appointment" is optional unless it's important to you.
The second "Appointment" is crucial if you have children.  (If you have none yet, draft this document as soon as you have any.)
 
In answer to my uneasy feeling about Internet templates, a very reliable lawyer told me just this week that she (and other estate attorneys) make most of their money from people who prepared "do-it-yourself" Wills and other documents.  This is even more the case than when someone dies intestate (without a Will), she said, which surprised me.
 
I'm not a lawyer, but I highly recommend retaining one to draft the above documents for you.  It should be worth the investment now to avoid trouble later.  Shop around for the best price, and see if notarization of your signatures is included.  In Texas, all the above documents must be signed in a notary's presence, and some require two witnesses to your signatures.

@geowrian Happens to me all the time.  Just delete your browser history. I think you get certain number of free reads after which you hit a pay-wall. However, I've come to learn that clearing my history, which bears previous reads/ history of WSJ, NYT etc, cheats their system and I get to read free again. 
 
@J/G interesting article. One a funny note, my receipt notice came on fainted ink. I could barely read the top 1/4 of the notice. I looked at it and I was like "Wow. Really. After all the money I paid?" Atleast I'm young and still have good vision. Hahah
 

Just wanted to give everyone an update -
I went to my Infopass appointment today and got a 6 month extension I551 stamp.  I asked for a 1 year extension and the officer said that since I have a pending N400 and I751, he was unable to give me a 1 year.  Note that I am aware my work authorization does not expire with my I797 but since I completed the I9 with an expired GC and I797 extension, my employer is legally allowed to re-verify me (although they have not mentioned it yet).  
Here's a timeline of how I finally got an appointment:
 
6/15:  Called 1 (800) 375-5283 and asked for an emergency Infopass.  Was told that I would get a call back from Tier 2 in 5 business days.
6/22:  Called USCIS number again and gave them Service Item # asking for status update.  I had waited 5 business days and got no call back.  Asked to be transferred to a Tier 2 officer
6/22:  Tier 2 officer called back within 20 mins.  He asked if I had the appropriate documents to demonstrate this emergent need, which I had a letter from my employer.  He said since my original Service Item from 6/15 had taken longer than 5 business days, he was going to make a new one for me.  This call was peculiar because he never gave me a new Service Item #.  I suspected that this call was going nowhere since I never received a new Service Item #, so I decided to call back on 6/26
6/26:  Called USCIS number and immediately asked to get transferred to Tier 2.  When speaking to Tier 2 officer, I quoted my first call on 6/15 and asked for a status update since I had never gotten a call back to schedule the appointment.  She gave me a new Service Item # and said to wait for a call back.
6/26:   Got a call back from Tier 2 officer on the same day.  Asked the same questions about why I needed the appointment and he said that I will need to send in my documents and evidence to determine if I can be scheduled for the appointment.  I sent everything in on the same day.
-Proof of employment (mandatory required)
-Letter detailing employment, educational/medical/public benefit or a similar impactful basis (required)
-Copy of expired temporary resident card (if you are in possession of this document)
-USCIS letter showing the I-751 additional 18-month extension has expired. 
-Copy of the bio page of their Passport (if they have it)
-Full name, phone number, alternate phone number, and email address of the applicant.
6/30:   Got a call from USCIS to schedule the appointment.  
7/2:  Went to appointment and for I551 stamp

If your SSN says valid for work auth with DHS authorization only it's restricted, if it says nothing it is not restricted.
 
I believe the workaround is only for employment authorization when used with a valid driver's license.

USCIS Customer Service Phone Number:
more specifically, to reach a human:
 
dial 800-375-5283 and then press 1, then 2, then 2, then 2
 
 
 

Well uscis is planning to reopen for public on June 4. If they do open, you can schedule appointment right away and get your passport stamped.

I'm WAC too. Bio approved in April. Filed mid Nov 2018. Still waiting for approval. 

I would believe that driver license and couple bank statements will be proof of residency   

Ugh how come I am still in this limbo lol? I applied November 1st! 😂 Biometrics on 12/12 ... It's been almost 13 months! No updates since August! #Depressing. 
 
Now, jokes aside, does anyone know how to prove residency without the extension letter? I have a passport stamp bc I never got the extension letter, I am buying a house and my lender needs to see proof of legal residency, I sent the expired green card and the stamp, but the stamp doesn't have my name in it (just the USCIS number) and they are pushing back. Is there any other place (maybe online) that residency can be verified? is e-verify.gov used by banks as well, or just for employment? I wish this card would get here tomorrow!