Marloon

5 hours ago, meandmine said:

You are absolutely right. May you proceed what you feel more important is for your .With all best wishes good luck.

Both are equally important. Glad I don’t have to pick one or the other. Thanks! 

1 hour ago, meandmine said:

If I were you, I will wait the approval of my case before traveling abroad because it will be extremely critical with all kind of difficulties  to handle that situation if the denial letter will be issued and I m not here in USA.

I don’t want to put my life on hold just because of fears. That being said, after reviewing of LPR rights ( I created another thread ) it came to my knowledge that you entitled to a hearing with a judge in things go that way. I also think if something is not in proper order with petition then you at least get RFE or interview as a chance to prove your marriage. There is people still waiting for months AND for years like being stuck at background check etc. “Sit and wait” is not an option for everyone. 

7 hours ago, SS DSM said:

@Marloon

Hi ,I guess you are still under processing time and dont worry too much.

coming to my case I applied on Nov 3 2016 and still waiting . Not applied for N 400.

I went through second interview in dec 2017 and rfe in january 2018 and they sent one more letter to my HR requesting for few more documents couple of weeks back and still it is pending. My application is with local office since 8 months and now its pending background checks.

I know its so stressful and no doubt going into depression but we have to keep our selves  positive.

Good luck 

Wow! This is a truly a nerve wracking, I hope you stay strong and positive! Hope you’ll receive a positive answer soon. 

So after a year of waiting your revived an interview notice followed by an RFE? 

What is your “HR”?  You have not sent sufficient amount of evidences with your original package or this interview was more like a random selection? 

11 hours ago, Bill & Katya said:

I think @mindthegap said it best, only a judge can remove LPR status.  Go on your trip and if CBP gives you a problem upon return, remind them that only an immigration judge can remove LPR status.  You may have to go through secondary and there may be some waiting going on, but CBP, nor a letter from USCIS can decide case law on their own.

 

Good Luck and Safe Travels!

Thank you @Bill & Katya !! 

I thought entry is not granted to anyone but US citizens and it’s up to CBP to decide if they let you in or not based on your circumstances and their understanding of it... I guess they could parole you in ( instead of regular admission) but I’m not sure to what type of situations it’s apllicable... 

2 hours ago, Lordofemrys said:

My advice . If your instinct ask you not to travel please stay back till you get approved . Best of luck 

Honestly, with all the anxiety I currently experiencing in my life (not only immigration wise), I don’t know where is a line between instincts or straight up paranoia that has nothing to do with reality. That’s why I came here for advise based on facts, knowledge and advices free of emotions that I’m lacking myself while my mind is running in circles.

2 hours ago, little immigrant said:

Then they accepted your application and are working it. I'm sure you knew that already. 

 

Hang in there I know the wait is awful. 

My concern was not if they work / or rather don’t work on it, but what happenes at POE if it’s denied while I’m away and trying to return.  Even though I might sound crazy, that’s a legitimate reason to worry  still..:/

3 hours ago, Removalofcond said:

Even if you get denial you have the right to appeal. About traveling, do not worry as long as you have a stamp on your passport and is not expired you will be good to go and come back. They may send you to secondary and make you wait like two hours but that is "normal" they just want to make sure you are not inadmissible and even if you were you can talk to an immigration judge just do not sign any documents. This as a worse case scenario but I am sure you will be fine.

I don’t think you can appeal from outside of US, so that’s why it’s so hard for me to go about my travel plans. Stamp is valid for a few months to come, I’m just super worried what happens if denial happens while I’m away. This is what 18 months of silence does to you...  

23 minutes ago, little immigrant said:

Did they cash your check? 

Yes, 18 months ago ( December 2016 filler)

4 hours ago, Name O Boy said:

They mostly don't have the right information. You are stressing for no reason. I am 100% sure everything will be okay for you. Who knows you might be approved next week or week after that since many December filers are already approved. I am very positive for you 

Tier 1 definitely not much help, I’ve been told opposite things before and kind of got used to take it with a grain of salt. Thank you for your kind words though, i appreciate it 

3 hours ago, mindthegap said:

How legal do you want to get?

 

 

As I said before, you will drive yourself insane. Did you actually read my signature?

I myself received a denial. Still here. I have left and re-entered the US as a LPR, and remain a LPR with proof of that status. My N-400 and second I-751 are awaiting joint adjudication.

 

---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

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).

 

---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

 

Also: 

 

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)."

 

Thank you, I had to read it several times as it’s a bit complicated legal matter for my understanding. This is how I took it: once denied, they must issue Order to Show cause ( deparation hearing) and while applicant is waiting for a resolution he’s entitled to get a temporary i551 stamp. But what if he’s already have one? Would denial void it and he needs to re apply for it on a basis of different circumstances? 

I did read your timeline, that’s a mess and I’m sorry you dealing with this! But as you said at previous post, you traveled back to US after denial in a possession of a new i751 petition, are you sure they would still let you in if you only had a denied petition without having a new one in process? 

In in this article it keeps saying about not being a lawful permanent resident after denial (“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”....) so while it’s pretty clear what to do about  the denial decision ( New petition,  Departation court) it’s not really outlined on what status one could be admitted if he’s showing up at the border with just a denied case without having a new petition pending like it was in your case. 

Like, I read threads here and experienced myself that some border protection officers is less familiar with extensions letters than others, but what if they see a denial at computer screen and a note about LPR status being terminated, would they read memorandums at all? Tricky stuff! 

11 minutes ago, Name O Boy said:

I and many applicants filed without a lawyer and never had an issue. I have never come across someone who was denied after 1 year without an RFE or interview. Did you call the helpline? What did they tell you? 

They say I can put a service request as soon as I’m outside of normal proceeding but for now I’ll just have to wait when petition gets transferred to local office for the interview (or may not). When I asked what happens if I recieve a denial while out of country, I’ve been told “it’s a very interesting question, I recommend you to talk to a lawyer” - well that was Tier1. 

On 6/23/2018 at 2:14 PM, Name O Boy said:

Hi there, I understand your anxiety but you are thinking too much. How can you assume you would be denied? USCIS would never deny someone without an RFE or an interview. They give you at least 90 days to respond to RFE. Interview notice is given a month in advance. There are many applicants like you who are still waiting. If you have an I-551 stamp you can travel and you are a permanent resident with a pending I-751. You should enjoy your vacation and everything will be fine. Who knows you might be approved before your vacation, best wishes. 

Hi! I just started questioning if I filled out my petition right or if there is any problem with the way I submitted it because i filled without lawyer and I’m one of a very few people who left behind. Are you sure there is no possibility to get a straight up denial without RFE or interview? Such a gray area ...

23 hours ago, mindthegap said:

1) Chances of a straight out denial without an RFE and/or interview are very low.

 

2) It isn’t popular belief, it is the law. 

Even with a denial letter, you remain a LPR until termination of status by an immigration judge. You are entitled to proof of status until a hearing (case law backs this up), and you can file as many I-751’s as you like until a final order of removal by a immigration judge, and these must be adjudicated by USCIS, which wouldn’t be possible if your status was terminated immediately upon denial. 

The denial letter may well state this (mine certainly did), but it is legally wrong. Do USCIS care? Not one bit.

 

3) You would be admitted as a LPR.

The question I was asked when they ran my denied receipt number at a POE ‘have you received a notice to appear or any letter from the court ?’ to which my answer was no. Stamped in as normal (ARC).

Note that I had filed a new I-751, and had a new receipt number, new extension later and new stamp to remove any ambiguity,  but I was still told that I would have been admitted on the original receipt number and stamp as a LPR.

 

4)Yes.

The process is stressful, and the wait long. 

As a LPR you are protected by laws, and you will drive yourself mad with worry (been there, done that).

 

 

 

Wow, thank you for such detailed and optimistic reply! 

I did drove myself crazy because prior creating a thread I read answers on a similar questions from the lawyers on Avvo, and it freaked me out. Here is a few quotes from the lawyers: 

“Yes, a denial of your I-751 would terminate the one-year extension. Take a look at the first paragraph of the receipt Notice for the I-751 where is says that it extends your status for one year - right after this, it says that the extension does not apply if your conditional status has been terminated, and a denial would terminate this status” 

—

“However, IF a decision is made to deny your I-751 while you are outside the USA you will not be admitted back into the USA until you challenge the decision and prevail. I suggest you sit tight.”

—

“If your I-751 is denied while you are abroad you would face some practical problems. While there are some legal arguments that you should be allowed to enter the US to challenge the denial, it is difficult to make legal arguments at the border. The border officers may not admit you and this could make your case more difficult. I would strongly recommend that you not travel outside the US until you receive a decision on your application.”

—

“If petition is denied while you are abroad, the place in which you will be staying abroad will immediately change it status from a temporary dwelling into more permanent abode...“

—

So as you see, lawyers are pretty much agreed that status is going to get terminated immediately after denial and it might be a hit or miss situation to explain CBP about the right to attend the hearing? This is what makes me feel the way I do... 

17 minutes ago, GreatDane said:

I think you are worrying way more than necessary. Plus, I've seen them calling in most people for interviews lately. Go on your trip and enjoy. If it's a long one, have someone checking your mail to see whether you receive any notifications and make sure you are up to date on your I551 stamp.

I understand how annoying it can be to wait. We're waiting from August 2016 (applied for N400 in July).

Thank you for reply! 

In December 2016 thread majority of people got approved already without the interview, I believe those who still waiting have applied to n 400 like yourself and pretty much just waiting for a local office to set up an interview. I have not filed n 400 so it makes me worry what’s holding off my petition and kind of have to be aware of all possible outcomes such as if I’ll be paroled in if I’ll get a denial while away...

Hi guys! I’m happy for all your approvals, must be such a relief! I’m still waiting for mine and trying my best not to let it mess with my mood. I filed at the beginning of December 2016, no n400.  Seems like I’m the one of a few people who’s still not processed. I actually came to the forum for advice I’m seeking desperately due to upcoming travel with a family that I planned long time ago (assumed I’ll be processed by now). Would appreciate your input on my questions: 

1) What are the possible reasons for a straight up denial of petition without RFE and interview? How realistic my fear of such outcome? 

2) If a denial does happen and I’m away, it seems like my residency is terminated and I won’t be able to enter the country as a resident? But what about popular belief that only judge can terminate your residency status? 

3) Would I have a chance to be paroled In and wait for the court? 

4) Am I just driving myself totally nuts and my fears are not realistic?   (I couldn’t find any case where i751 got a straight denial while away and petitioner couldn’t get in) 

At the top of that I’m going through depression and seems like loosing the ability to think rational.

Hi! Im a December 2016 filler. It seems like majority of December fillers got their approval, however mine in still pending. I have not filled n 400 so not sure why my case left behind. They still working on December 2016 cases so I’m trying to stay optimistic. 

I planned a trip with my family in 10 days and I thought that based on my timeline calculations I should be good to go with a green card in my hand, but here I am still waiting. 

It started to kick my anxiety and I question if I filled out the petition right? If I put all the right signatures? Or maybe something is wrong with my documents - never ending torture of second thoughts. 

Now I need to travel internationally and it would tear my heart apart if I’ll cancel this family trip due to my anxiety and uncertainty about my I 751 situation. 

Even though I try to stay positive, I have to prepare for the worst and know all my options. 

Prior creating this thread I did my due diligence and search everywhere for the information I’m looking for but there is not much clarity on it.

Here is my questions: 

1) What are the possible reasons for a straight up denial of petition without RFE and interview? How realistic my fear of such outcome? 

2) If a denial does happen and I’m away, it seems like my residency is terminated and I won’t be able to enter the country as a resident? But what about popular belief that only judge can terminate your residency status? 

3) Would I have a chance to be paroled In and wait for the court? 

4) Am I just driving myself totally nuts and my fears are not realistic?   (I couldn’t find any case where i751 got a straight denial while away and petitioner couldn’t get in) 

At the top of that I’m going through depression and seems like loosing the ability to think rational.

Dear VJ community please help me to sort it out as I’m currently biting my elbows instead of packing a suitcase in excitement of going on this family trip I have been waiting for so long. 

On 13.01.2018 at 4:03 AM, Corbs5865 said:

Could you please contact me I'm a Brit in Florida an have a few questions?

 

Hi! Not so sure what you mean, which questions? 

On 22.12.2017 at 10:50 PM, Damara said:

Im glad you find my comments helpful!  But just so you know I am not an attny nor do I work for USCIS.  Its good that you spoke to local attnys as you can discuss with them specifics about your case whereas the forums just contain generic info.

 

Anyway, both attnys were correct. Affidavits are considered 'weak' evidence. They can help but you should never have them be the strong point of your case. So yes, a statement from the ex spouse can help you. How much help depends on whats written and your packet overall. It is also true that it does open the door so to speak for USCIS to contact said spouse. This is true for anyone who writes an affidavit. So if theres no statement submitted by you from the ex spouse they can not call/ask them to come in for questioning. If there is an affidavit they can contact the person. However its rare that you hear about them contacting the ex. Also Ive seen cases where the affidavit hurts the petitioner because of conflicting info or answers. 

 

You have to weigh how much help their statement will be and what it adds to your overall packet vs how much harm they can possibly do to you if questioned. Personally I feel if you have a strong enough packet (which it seems like you do based on what youve posted so far) then its not worth the risk of opening them up to being questioned. Ive seen a lot of good situations turn bad fast so Im hesitant to encourage an ex spouses affidavit. However every situation is unique. There are plenty of people who continue to have good relationships after a divorce (and plenty of people that dont). So its up to you to make the decision. Maybe right now things are good between you guys but divorce is emotional. It can bring out the ugly in people. What if you start dating after the divorce? Before she does? She may not be so happy anymore when you are posting pictures of you and some cute young thing on social media. 

 

 

Yes, i came to conclusion it is indeed better not to include affidavit from spouse as that would not be the major factor in order to make a decidion to approve the petition, yet might possibly lead to complications, thank you for confirmation! 

Update: Divorce application has been signed by both spouses, court should take place in very near future. 

On 23.12.2017 at 7:24 PM, Texans_99 said:

I am going through similar issue. I am a sept 2016 filer at CSC. I am in the process of getting divorced and have to amend my I-751 from joint to waiver. My divorce has been filed and I have hired a lawyer to help me see through this. I will strongly advice that you hire a lawyer to help you. 

My lawyer has requested USCIS that my joint petition need to be converted to waiver. I am still waiting to hear from USCIS. That gives me some time as my divorce won't be finalized for another 1.5 months. 

I don't have affidavit from my spouse, but I have Affidavits from other people and STRONG evidence of marriage that was entered in good faith (financial documents, insurance, house documents, trips, photos, e-mails etc). I suggest focus on gathering as much evidence as possible! 

It's funny that 2 months back I was praying that I get approval soon, and now I am praying that they don't approve me before my divorce is finalized so I can submit my divorce decree to them. Otherwise I would need to file a new application with a waiver! And don't want to stand at the back of the line again!!!! 

Sorry you are going through this. After taking time to do extensive research, having this thread on VJ and asking a lawyers opinion i came to conclusion lawyer is not really needed at this point as its pretty simple step just to mail them a letter and divorce decgree. But if lawyer makes you less stressed, its worth to have one. Please come back here to update your case, we are at the same boat. Thank you! 

4 hours ago, Damara said:

Its been a long time since Ive dealt with ROC case numbers but from what I remember theres some kind of issue with the 2 NOA numbers. Only one works to check the case status online (the one from biometrics) but technically the case number is the one on the NOA (the one that doesnt work). If you havent sent the letter out yet then I would recommend using both numbers. I would include them both. state NOA receipt number WAC XXXXX and biometics case number XXXXX. 

Thank you! The letter is not sent  yet,waiting for divorce decree and then file it all together,  being novemver 2016 filler at CSC means i can expect 6 more months to go. Divorce will become final in about 1,5 months from now so dont see a need to rush. 

 Curious thing happened - after 2 lawyers consultations there were 2 opposite opinions about if the addidavit from USC spouse is needed. One said its would be very helpful, and another said not to bother because by doing so you opening a window to USICS to contact USC spouse and ask questions, which is a risk since you cant be sure what feelings ex spouse is experiencing during divorce and might hold grudges and its better to avoid it. What you think Damara?  So far youve been more helpful then both of them. 

I know im asking a lot of questions, but in return im definetely not going to ghost here after all done and will  come back at this thread to update how the case go/went as it has so much helpful info and very actual nowadays for others 

On 17.12.2017 at 6:02 PM, xillini said:

Generally speaking field office at USCIS does place an interview based on the date of arrivals from NBC regardless of petition types including employment-based I-485, Family Based I-485, and ROC as well. 

So only after NBC sends ROC to field office, do they start to schedule an interview, meaning Transfer to field office most likely means "Interview" 

 

However, I dont think it is scary to go through the interviews because many times interviews can just clarify basic information. Yes, it is still possible that they are gonna scrutinze you in very uncomfortable way, but as long as everything is bona-fide, then it actually means your status can be accordingly adjusted, which means you dont have to wait in a line for so long. IN fact, RFEs and interviews sometime make application adjusted faster, so nothing to be concerned too much

Thank you!!

@nightingalejules  thank you so much!!!!!!

On ‎07‎.‎12‎.‎2017 at 5:19 PM, Lemon23 said:

Your application will be processed same like the applicants that filed as joint petition. Each case is different, it's a matter of how we present to USCIS our application.

You right, i guess its the same time to actually process petition - its just gives you much more chances to end up at interview at local office, which is pretty scary as well because my office takes 11 months for n400, i hope the ROC interview would not take longer than that as its already been a year :/

On ‎09‎.‎12‎.‎2017 at 5:29 PM, DeenieRN said:

The only other user to have something similar to you that I know of is @uzzey1 also a Aug 2016 filer, and already approved, with pretty much the exact equivalent of what you have listed. 

I don't feel like the waiver extends the process anymore than it already is, your case file, is your case file. When it's assigned to someone they'll open it just like everyone else's, sure there's more to the case, but they only have a couple of avenues: approval, RFE, or move to local office for interview... just like every other case.

My case is messy because I have no affidavit from my ex spouse and very little evidence because he is a vindictive character and would love nothing more than me to fail at this process. My divorce took 10 months! So I filed for ROC, then sent the waiver many months after with the decree. I feel your friend/you have more than enough evidence! Things happen, people break up. At USCIS' rate, people will be celebrating silver wedding anniversaries while waiting lol... 

CONGRATULATIONS on your approval!!! This is amazing news not only for you, but people who is going through the same issue!!! Gives hope!

Have you submitted a lot of evidences of bona fide marriage when originally filed a joint petition? I think logically they more interested in what evidences of a real marriage you had rather then why you divorced, is that right?

On ‎10‎.‎12‎.‎2017 at 4:22 AM, Damara said:

They really should upload an example letter for this situation to the example form section on VJ since it comes up a lot.

 

NOA case number

 

Keep a copy for your records and mail it with a tracking number to the same service center you sent the original ROC packet to.

 

Personally I would submit a short basic letter like the above and attach a longer affidavit about the relationship and its breakdown. That statement can be multiple pages long and refer to evidence that you attach. Think 'courthouse' style evidence. You can label the attachments as attachment A, B, C etc and refer to them in your affidavit. Example we had joint bank accounts at X bank (see attachment A) blah blah. We took a trip together to Hawaii (see attachment B-D) etc., 

Damara! I cant even find enough votes and reactions here on VJ to thank you for your help! I would never come up with something like this on my own, as you see im not the best in writing. This is excellent example of the letter and it gives confidence to file it without lawyer.

NOA case number - is the number from i 751 extention letter?  It says :

Reciept name: WAC-**-***-*****

Reference number: A********* ( Alien number i belive)

When i check the case status from WAC number from extention letter, it says Validation error- My case status does not recognize the reciept number entered.

I use another WAC number which is at the top of Biometrics appontment notice - and it gives me "fees were waived" glitch, so even though its not working properly,  i assume this WAC number is my actual case number - so should i put this at "NOA case number" ?

On ‎07‎.‎12‎.‎2017 at 10:46 AM, nightingalejules said:

It does seem that nowadays the regular joint applications are taking so long that the waiver cases aren't taking much longer (on average). Some may take longer and they may still be statistically more likely to get interviews or RFEs, but here on VJ, we're not seeing it. Seems like they're about even now.

It seems like there is so much information on VJ for ones who is looking for it that VJ members tend to prepare their petitions very well. I called 800 number and been told that waver cases most likely send to interview ( however i read here a lot of waivers has been approved without it) and how long you would wait depends on local office busyness. Thats kinda scary as at my local office for example citizenship proceeding time is 11 months. Since Roc is the last in priotity line, im afraid just waiting for interview at local office might take another year...or they somehow fit it in a schedule? Like, having 1 day in a month where they only doing ROC? Probably not even USICS can answer this qestion, yet im still wondering

On 06.12.2017 at 12:39 AM, Lemon23 said:

I think your list is fine. Don't forget to include and make a copy of your NOA1 and biometrics appointment. Just send the copy not the original letter from USCIS.

Thank you!! Do you think it will delay a case a lot or it would be adjudicatred as a normally filed waiver case from the begginig?

Hi! i have been scrolling through 2-3 years old threads on how much lonbger a waiver case takes compared to the joint filing and seems like such cases indeed took at least a few months longer AND majority had the interviews. 

Now i read past few pages on this thread ands realized that now when cervices centres are extremely backlogged, a waiver cases takes just as much as a joint and if the amount of evidence was sufficient, then approved without intervew. Is that correct statement ot waived cases takes even longer now? 

23 hours ago, JohnandCarla said:

  

     In November 2017 I received an RFE for a lease and some other stuff (which I have and am planning to send, our marriage was completely in good faith, but his anger and violence killed our love)... my question is -- do I have to notify USCIS with this RFE response that we are in divorce proceedings? or do I only have to notify them when those are completed? 

i don't have money for a lawyer, so any suggestion is very appreciated. thank you all!

you MUST!!!! Notify that you in divorce proceeding. IF that joint petition gets approved on joint basis yet you started a divorce, that WILL cause you problem in future with renewal or naturalization. I read here stories like this.