Websters202

I would respond with something in the 30 days. Maybe a letter explaining you have filed for the waiver, and a print out showing it is pending with the department of State. No guarantees, but at least you can say you responded within the 30 days.

Based on your previous post OP, it sounds like you are trying to come to the US to get married to an LPR on a tourist visa, and have a baby here, is this correct?  Do you have the visa, have you successfully entered the US yet, are your currently pregnant, or is this a future plan you have?  Do you realize that if you follow through on this plan, that you will be illegal in the US after the number of days approved at the POE and will have to return to your home country while your husband files a spousal visa petition for you, which will take more than 2 years?  You can't stay and adjust status on a tourist visa, even if allowed in at POE, because your husband is not a US citizen.  Think carefully about these decisions before you make them, as a bad decision now can cause lots of problems later, like a bar for overstaying on a tourist visa.  Know the laws, always be honest, and your journey to the US may be long but more successful in the end.  Good luck!

I just explained it to you what the procedure is that USCIS uses to determine your embassy.
 
I gave you what needs to be done. Ignoring my experience may not match your expectations but it is officially what you need to do to fix this. Bxtching about it is not going to change anything. 

So, today was our Green Card Interview at the Philadelphia Field Office. I can truly say that for it to take as long as it did to get to this point from our filing date, this was the most QUICKEST and EASIEST part of the whole process!!!
 
Our interview was scheduled for 10:45am, we arrived at 10:15-10:20am. There's a parking lot across the street from the building that has a flat rate of $20 for all day parking which sucked because we weren't going to be there all day but it was either that or having my husband to keep running downstairs to feed the meter. Anyway, we went through security (cell phones are not allowed inside the building just have to keep them on silent) but no food or drink (glad I had a big breakfast as I'm almost 9 months pregnant and would have been starving and grouchy if I didn't). Checked in at the front desk with the interview notice and driver's licenses, and was told to go to the 2nd floor and sit close to door 3.
 
It was a lot of people waiting but it flowed very well and was very organized from what I can see. I actually did see a couple go in separately to be interviewed so I assume they had a "Stokes Interview" because they were in there for a long while (we actually left and the husband was still waiting on his wife to come out). 
 
Around 11:30-11:45am, my husband's name was called. IO Alton, was her name, interviewed us - she was younger than me, very nice and pleasant. She immediately took notice of my belly and my waddle and said, "I'm gonna get you guys out of here quickly because you look like you're about to have the baby any minute now!" I appreciated her kindness and consideration but told her that it wasn't needed. We walked into her office, she asked us to raise our right hand and we were sworn in. She asked my husband to scan his index fingers from both hands, and advised that the interview would be recorded.
 
She first asked for us to present all original documents so she could compare them to the copies already provided in the AOS filing, so she looked at his birth certificate, marriage license, my original divorce decree (she asked for a copy as well because she claimed she couldn't find the copy that was provided) and she asked for our passports. She asked me (USC) the following:
 
What is my full name?
What is my DOB?
Where was I born?
What is my current address to where I live?
How many times have I been married?
How many children do I have?
 
She went through our file and then asked my husband (Beneficiary) the following:
 
What is his full name?
What is his DOB?
Where was he born?
What is his current address to where he live?
Where does he work?
What is his SSN#? (he didn't know it by heart so he gave her his SS card so she can confirm it was correct on the petition)
How many times has he been married?
What date did we get married?
What are his parents' names?
She asked him to explain what happened during Thanksgiving 2016 when he attempted to come visit me using his visitor's visa for which he was denied entry, and was made to go back home and had his visitor's visa cancelled. As he provided his explanation, she nodded in agreement and understanding, I apologized for had happened and moved on.
She asked him had he traveled outside the US since receiving his EAD/AP combo card?
Then she asked him all the questions that are on the AOS petition that we answered "No" to, as if to confirm that these answered wouldn't change (which they didn't).
 
Finally, she asked for any documents or additional evidence we might have had to show proof of ongoing marriage, so I provided the following:
 
2018 Tax Return (which we filed Married Joint; even though he hadn't worked last year)
Car Insurance Cards
Credit Card Statements (2 months worth only)
Copy of Health Insurance Cards, along with printout showing the date he was added to my Health insurance plan (which was 3 days after we got married)
Beneficiary documents such as 401k and Life Insurance showing his name being added
4 months Joint Bank Statements (and I highlighted his transactions to show spending and his direct deposit from his employer - also attached his paystubs for the payroll that wasn't direct deposited when he first started)
And I printed 40 pictures and told her she could keep them all but she only took maybe like 5-10 of them because she said she didn't want to weigh down our file anymore than it was with all our prior relationship proof (K1 visa packet is in the same file)
 
While going through the photos, she talked about how great we looked in the pictures, talked about her having her son last year during the summer, she noticed I had "Bruno Mars" ticket stubs from when we went to his concert last year and talked about that...I mean, the whole interview process was so relaxing and very pleasant. After taking the photos she wanted, she said "everything is perfect, and we're good to go! You will have an update to your case within 4-6 weeks but most likely sooner." She said congratulations to us on the baby and good luck and now we can just focus on the baby coming in the next few weeks. And that was it! We left at 12:15pm!
 
She didn't ask any hard questions, or relationship questions, no tricky questions - it was very basic, which could only mean they never questioned the legitimacy of our relationship and marriage. 
 
Glad this part of the process is over and we finally get a break from dealing with USCIS and the immigration process for at least 2 years! 

not in this case.
 
the petitioner is the one that has to get a co sponsor.
 
think of it however you want, but 'thems the facts'.
 
i dont expect to need a cosponsor but with a job change late last year i have one lined up... JUST IN CASE.
 
always be prepared.

1) Please don't type in all caps LIKE THIS. It means you are yelling.
 
2) Does your husband live in Pakistan? If not then he probably needed to get divorced where he lives which was Texas.  If he wasn't properly divorced before you were married, you may have more issues.  Your petition will not expire.  But if you do not provide the information that has been asked for within the time frame it is required, then it will be eventually returned to the USCIS.   Currently your petition and visa package are sitting at the embassy. 

Depending on her job, some offer paid leave because of jury duty. I know mine does as it is a legal 'requirement' so to say for citizens. Or she could go throw a fit and make a scene during final jury selection and get eliminated lol.

What I don't understand is that he has a perfectly legal avenue available to him to immigrate----and he's instead going to choose to knowingly misrepresent himself and chance blowing it all away and risk a lifetime ban instead.
 
His intentions are also basically one of the reasons why it's so difficult for honest people to get a tourist visa.

Interesting case and intro in your posting. You are calling him "my husband" and you were recently denied a K1 fiancee visa at the visa interview at the embassy/consulate? I think I can understand why you were denied a fiancee visa. It does sound like the CO acted in a proper manner. Since he has already expressed immigration intent through the filing of the K1 visa, it is highly unlikely that he would be granted a B1/B2 visa (business/visitor, respectively), due to the recent K1 denial, and also because Nigeria is such a high-fraud country and has an accompanying high B2 visa refusal rate....Sorry. It is likely far easier from an immigration standpoint for you to visit him.
 
You may want to consider starting the CR1 spousal visa process.
 
Good luck on your immigration journey.

All passengers flying to the US have to enter APIS (advanced passenger information) before they fly. Either your MIL or you or your wife, depending who did this, must have filled this in. One of the things they ask for is passport expiry date.  That’s why I don’t understand why it seems to have been such a surprise.  (And it’s her own passport in her own language.)
 
By the way, adjudication of i539 is 3-5 months. You won’t find out until long after she’s gone if it was accepted or denied. 
 
And sorry to be blunt , but this community is being helpful to you by giving you solid advice and realistic scenarios. Good advice isn’t always what you want to hear.

Yes, you should take them with you just in case.
 

You have a lot to learn about the immigration system.......Good luck on your journey.....Missileman out!!

It is illegal. Why are they asking  for a untrue bill. It's like asking for your medical history. They just want to know if you're a risk to the healthcare system.. have you ever eaten any unhealthy foods? Do you exercise? They aren't using it against you. They just want to no the risk factor to society

I think you are gravely misunderstanding the entire concept of obtaining legal information for federal entities.
 
Everything you stated above is untrue. It is not illegal to ask for such information. They are not asking if you did it... they are asking if you’ve ever been in a situation where you have been arrested. They don’t care if it was true or not. They simply want to know if you had ANY interactions with the law. You could be sued but end up having the lawsuit dismissed or thrown out by the judge. It still does not erase that fact that you were sued.
 
Another reason is because there are people who get arrested and are 100% guilty, but they end up not being convicted. Law officials would still have record of that person because if they commit the same crime again in the future, it could help the investigation. 
 
You are taking this way too personal. And quite frankly, you are making an argument you will not win. Why? Because they set the rules, laws, and policies. If you want to be able to bring your love here, you have to abide by those rules. Otherwise, they will simply refuse a visa and tell you to go live in your fiance’s Country.
 
Again, it is not about whether or not you did it....it is about getting all the background information they need about you.

Even expunged records are not exempt..........I don't know where you are getting your information, but it is inaccurate.  Don't try to get creative or play games with immigration..... "Cooperate and Graduate"....
 

I am listing it. Still if its untrue it technically is exempt. Asking for it is illegal. They can't ask for it. They can't deny me on that grounds. I can understand them ask for it from a non us citizen. They are under different rules as a green card holder. Asking a us citizen about a untrue arrest on the grounds of denial is illegal.. they can't ask for it.  

Right, I have had a cup of tea, and some chocolate (proper english dairy milk, natch, not that horrid hershey rubbish you get over here), so here is some potentially useful info for you. 
I suggest you also get a cup of tea, as this is a long one......
 
 
As one of the few on here who has unfortunately experienced a denial, and is still going through this hell in some form, I can offer the following advice, with the caveat that I am not an immigration attorney.
 
 
 
 
Firstly, don't panic. Yes it is a scary letter. I was a f***ing suicidal mess when I received one, and spent three days initially without any sleep whatsoever reading every single thing I could possibly find on the legalities of this stuff, which served me very well, and I can hopefully help you out now too, as I have learnt a lot more in the time since.
 
All is not as it appears... USCIS have no authority to formally terminate your status. Yes, you heard me. Only an immigration judge can formally terminate your LPR status, in court, and issue a final order of removal at which point your status is terminated for good. You currently remain a conditional LPR (with caveats). The law does sort of contradict itself in some respects, but between an I-75 denial and a final order of removal, you remain a LPR with the right to work.
You are also entitled to proof of status in the form of a stamp. This is backed up by case law and also clarification by USCIS and the EOIR as you will read below. DO NOT LEAVE THE US UNTIL YOU HAVE A STAMP - not Mexico, not Canada. You are in a world of hurt if you do so...and it will be a lot harder for you.
 
 
The general standard process of denial, and process for revocation of status and an order of removal is:
Denial letter (or notice of intent to deny) --> NTA (notice to appear in court)  ---> court date ----> upheld/overturned --> appeal if upheld --> final determination and final order of removal.
 
Now, an NTA can take years to appear. The immigration courts are so backlogged, and these cases are low priority vs asylum or other deportable or criminal aliens. So you could continue with this stamp for as long as necessary, but it is no way to live, so there are things you can and should do to protect yourself.
 
 
So, file an I-751. Prepare the I-751 exactly as you would normally, filling it out correctly, making sure you both sign it, and get it sent in, I suggest by fedex overnight as it is very secure and properly trackable. I would suggest you to get this sent in the next day or so if possible - time is of the essence at this moment. Amassing every bit of evidence can wait until later, just get it in with the main bulk of evidence you already have.
The most important thing is with this I-751, is that you MUST enclose a letter stating the reason for failing to file your I-751 on time, and why you are filing late at this time. Don't bother with a full contents list of evidence and all that rubbish  - just a simple, clear and to the point letter, stating why it is being filed late, and enclosing the main bulk of evidence you already have, should suffice. 
As long as you enclose that letter. It *should* be accepted, you will receive the receipt/extension notice, followed by the usual biometrics appointment. If you have any letters, say from a Dr or shrink at that time signing you off work, or stating you were depressed/medicated due to grief, then that only strengthens your case. 
I would say the death of a parent while pregnant is a pretty real and valid reason IMHO. 
 
 
As soon as you receive the extension letter, go to an infopass and obtain an I-551 stamp, showing them the letter, and stating that you require unambiguous proof of status, which is clarified below, taken from USCIS  https://www.uscis.gov/sites/default/files/files/pressrelease/CRwaiver041003.pdf
"If an alien’s conditional resident status is terminated because he or she could not timely file a Form I-751, and he or she is placed in removal proceedings, then he or she may request a continuance from the immigration judge to allow for the finalization of the divorce or annulment proceedings. It is noted that the conditional resident whose status has been terminated should be issued a temporary I-551 during the pendency of his or her case before the immigration judge (see Genco Opinion 96-12)."
 
And Genco Opinon 96-12 itself:
""Genco Opinon 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.

However, because an alien whose Petition to Remove Conditions on Residence has been denied by the director is, strictly speaking, no longer a lawful permanent resident, the Service should not approve any Form I-130 filed by such an alien after issuance of the termination notice, but before resolution of the deportation proceeding. 8 C.F.R. § 216.4(d)(2). Nonetheless, as final termination of the alien's lawful permanent resident status is subject to review of the director's decision in deportation proceedings, we advise that if an alien in this situation does seek to file a Petition for Alien Relative, the Service should accept the petition as filed, but not adjudicate it pending conclusion of the deportation proceeding. Thus, if the alien recovers lawful permanent resident status in the deportation proceeding, the Form I-130 could be approved based on the priority date established when filed. Similarly, should the alien prevail before the immigration judge, the restoration of lawful permanent resident status would relate back to the date of termination. Thus, the period from the date of the director's notice of termination and the date of restoration of status would count as time accrued for purposes of eligibility for naturalization. Cf. INA § 216(e), 8 U.S.C. § 1186a(e)."
 
 
 
 
 
Still with me? Good. Get yourself another cup of tea.
 
Within a couple of days of receiving my scary denial letter, I had sent a new I-751, and I then received my receipt, then biometrics letter, and I went to get a stamp. Since then, I have left and returned to the US multiple times, with no issue - bar a quick and polite visit to secondary each time to verify my status (as my stamp is annotated with 'TC-1' , telling them it has been denied/re-opened). I am awaiting my citizenship interview now, which unfortunately has been delayed slightly due to this. 
 
To date I have had no NTA, and when I call the automated line, it shows nothing. The phone line is 1-800-898-7180. Have your A# to hand, and use the automated system, which will tell you if an NTA has been issued or there are any proceedings underway.
My suspicion is that if you file quickly enough (and within the 30 days allowed for an I-290B to be filed), it stops the file being passed to the courts for an NTA. As yours is a very recent denial letter, you stand a good chance of this also happening to you. 
 
Even if you do receive an NTA, any proceedings would be immediately stayed (paused) with a still-pending I-751 (which is why you must file it). This will be adjudicated on its merits and the evidence provided, without prejudice.
 
 
But ultimately my point is, DON'T PANIC....all is not lost, you have rights, and you won't be sent on the next plane home, or arrested in the street. Just get that 751 in asap and see what happens then.
 
 

Actually, the “why” is incredibly relevant now.  I respect if you don’t want to disclose on VisaJourney, but you’ll definitely need to provide the reason to your attorney (please don’t attempt this on your own).
 
I’m not sure what other advice anyone can give you here, with the limited info you did provide, aside from to seek legal counsel immediately.

You always have a choice.
"Just" marrying US citizen doesn't give any legal status.

Good morning everybody! 
 
My wife and I had our AOS interview on Wednesday Morning at 8:15am in NY and we got approved in the afternoon following the interview! Now I have a notification from USCIS saying that the card is being produced!! 🎉🎉 
 
The interview was very nice, our officer was great and we had 4/5 questions about our parents, how we met etc. He asked for our original documents (birth certificates and marriage licence) and for proof or relationships (photos etc). He double checked he had the correct mailing address for the card as well and that was it... 20 minutes total, I’d say! 
 
They kept our original marriage licence though... our lawyer said we won’t get it back, which is too bad! 
 
Congratulations to everybody who has been approved or is moving forward and for those still waiting for the next step : lots of courage, it’s going to come soon!  💛

He has only been an LPR since March of this year. So at the end if 2021, assuming you are still married, he will be eligible for citizenship. Reckon on that taking a year. So by the end of 2022 he will be a citizen. He would then file a petition for his mother and she would then apply for a visa (just the same way as you did for your husband) and it will take a year or slightly more. So at the end of 2023 or beginning of 2024 she could be here. Assuming the IR-5 category isn’t scrapped before then. 

she would put her annual income as it appeared on tax returns
 
don't have to figure it out just follow your tax numbers

Yes you can marry without.   But it will make your life easier if you get it before you marry.

My wife’s green card came in the mail today. 8 days after her interview.  She was so excited and I was too. 
She was excited because we postponed our trip to the Philippines in April because we got the Status change that interview was scheduled.
Now we can re-book her trip to the Philippines to visit family. 

Just got our interview letter in the mail....June 18th @10:45pm is judgment day. Just happy it's scheduled before I give birth.