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classyam

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  1. Like
    classyam reacted to mindthegap in USCIS messed up my life and they don't admit their mistake. What is my option?   
    You are asking the same thing over and over again.
    First question : 
    Yes that number/website will show accurately. Yes it may take years, or may not show at all. No, there is nothing you can do. It is an entirely separate system from USCIS with a very big backlog. If it goes to court I recommend a competent lawyer experienced in immigration court  at that time.
     
    Second question: The court /  an immigration judge cannot adjudicate an I-751.
    You MUST have an I-751 approved to remove conditions. 
    Your case was correctly denied. You can moan about it all you want, but those are the facts. 
    If it goes to court, the removal should be stayed (paused) pending the adjudication of the fresh I-751 that you are about to file, but for the last time, a judge cannot make that adjudication - that is done by USCIS only.
    The two processes run concurrently. 
    If you have no pending I-751 at court,  unless the immigration judge looks at you favorably and chucks you a lifeline by literally telling you to file a new I-751, the probable outcome is a final order of removal, at which point you are no longer a permanent resident. 

     
    I would suggest you contact an experienced and competent immigration attorney and see if there is any way of getting this addressed and nixed by pointing out the error in the original application and getting it correctly issued as a 10yr card...although how you go about overcoming what was and is clearly a willful and repeated mis-representation and concealment of pertinent and relevant facts I have no idea. 
    Saying ‘lawyer told me to’ is not a get out of jail free card, as ultimately you also signed the form, attended the interviews and were untruthful. 
    I hope for your sake that you have something in writing from that ‘lawyer’ who told you to do that, as it may be able to help you out. 
     I’ve heard some shady lawyer s**t before, but that is unbelievably bad. 
     
    You need a long consultation with a qualified, experienced and competent immigration attorney at this point, and fast.  
    Yes it will cost, but this situation is unfortunately of your own doing. 
     
    On that note I’m ducking out of this thread. Replying in such detail as I have done  takes time, energy, and dredges up painful thoughts and reminders of my own experiences, which ultimately have all been totally wasted on this thread because you didn’t give all the facts upfront. 
     
    bon chance. 
     
     
  2. Like
    classyam reacted to mindthegap in USCIS messed up my life and they don't admit their mistake. What is my option?   
    I'm out.
     
    There is no requirement to get married in the US.
    There is no 6 month waiting period requirement to get married in NY (I live here too).
    You can fly to JFK on an ESTA, go directly to city hall for a marriage license, and then get married exactly 24hrs later here if you like. I myself got married on an ESTA while living overseas with my spouse, left, and applied and approved via DCF (direct consular filing) from overseas (which was also available in Spain i believe)
     
     
     
    It does not matter when she became a citizen - after or before your marriage. The fact remains, if you marriage was legal in the jurisdiction it happened (ie, Spain), and at the time of becoming a LPR (approval after adjusting status OR activation of a spousal immigrant visa at a POE) that marriage was exactly 2 years old or more, and your wife was a US citizen, you should have  been given IR-1 and avoided this whole mess....that is, if you had filed using your original marriage details, not the second (pointless) one.
    If you were already legally married - you can't reset/override the original date by having a second wedding 🤦‍♀️
     
    If you were married in Spain, your second 'wedding' in the US was basically pointless and has caused all of this. 
    Whichever attorney told you differently is incompetent (seeing a pattern here). 
     
    Unless of course there is more that you aren't disclosing.... honestly, this is a perfect example of someone posting for help, and having to pull teeth to get the full facts relevant to the situation, that slowly drip out and change the picture drastically. 
     
     
     
     
     
    We won't get into the matter of the missed opportunity of expedited citizenship for LPR spouses of US citizens stationed overseas on Govt/military orders...
     
     
     
     
  3. Like
    classyam reacted to mindthegap in USCIS messed up my life and they don't admit their mistake. What is my option?   
    Hold up... three years?
    If you had been legally married for two years or more at the time your permanent residency was approved, it should have been IR-1 ( a ten year card), and not CR-1 (a 2 year card) and you should not have had to file an I-751 to remove conditions in the first place....making this whole thing largely a moo point.
     
    What exactly does your permanent resident card say under category? And does it have an expiry date of two years after the ‘resident from’ date? 
    Either something is missing in this story, or USCIS made a mistake issuing you CR-1 instead of IR-1 (which does happen from time to time and is easily correctable). 
  4. Like
    classyam reacted to mindthegap in USCIS messed up my life and they don't admit their mistake. What is my option?   
    True story, and great analogy. 
     
    USCIS and immigration court are (thankfully) entirely separate entities.
    (😂 it initially autocorrected ‘separate’ to ‘desperate my how appropriate 😂)
     
    It’s just never ending...with zero accountability or responsibility from these motherduckers.
    It’s been over five years since the first (joint) I-751 was filed, and two and a half since N-400 was filed. 
     I’m this close to starting the process of sueing USCIS and the federal govt over my case - the toll it has taken on me is unreal...
  5. Haha
    classyam reacted to Unchained in I-751 December 2017 Filers [merged threads]   
    Went to the field office to get a stamp this morning and it was pretty seamless but IO got me all excited when she pulled up my information on the computer and said "Looks like your Card is being produced", my eyes lit up immediately. I didn't say anything bc she was doing stuff on the computer and didn't want to interrupt, she steps away to put the stamp on my passport and when she returned, I  followed up on her comment about the possibility of my document being produced, however she told me she was "looking at the old card" - omg, lol. The wait continues.
  6. Like
    classyam got a reaction from JoJoJoJo in My N-400 and I-751 combined interview experience   
    Today I had the interview at 26 Federal Plaza in NYC,  it's been really a long time coming because I filed I-751 in Dec. 2017.    
    Anyway,  the security at the main entrance was pretty strict with who gets to go in.   Getting through the metal detectors and then off to the 7th Floor,  it's probably the first time or last time anyone would ever see a waiting room this empty there. lol    There were probably only 5-6 people waiting by the time we got called in by our officer.  
    Officer was professional,  did a little chit chat.   Then she asked what documentations I brought.  So I handed her our tax returns, bank statements,  a variety of utility bills, lease renewal----all joint and about two years' worth,   life insurance.    Also showed her our original birth certificates and marriage certificate.  She also asked for some pictures.    She didn't ask a ton of marriage related questions,  was more interested in my immigration related history starting from the first day I arrived here.   
    Then she said she was done with my spouse,  walked him out.   Then came back to conduct the N-400,  questions were easy, she stopped, I believe, at the 6th one probably because I got them all correct.   Proceeded to ask me to read a sentence and write it down on an Ipad.   
    In the end, she handed me a piece of paper on which "A decision cannot be made yet about your application" is checked and said to wait a month for a decision in the mail.   Arghhh,  more waiting:-(  
    I don't know what I should expect from this point,  more RFE?  or some other hurdle?
     
     
     
  7. Like
    classyam got a reaction from SnailRaceSeattle in My N-400 and I-751 combined interview experience   
    Today I had the interview at 26 Federal Plaza in NYC,  it's been really a long time coming because I filed I-751 in Dec. 2017.    
    Anyway,  the security at the main entrance was pretty strict with who gets to go in.   Getting through the metal detectors and then off to the 7th Floor,  it's probably the first time or last time anyone would ever see a waiting room this empty there. lol    There were probably only 5-6 people waiting by the time we got called in by our officer.  
    Officer was professional,  did a little chit chat.   Then she asked what documentations I brought.  So I handed her our tax returns, bank statements,  a variety of utility bills, lease renewal----all joint and about two years' worth,   life insurance.    Also showed her our original birth certificates and marriage certificate.  She also asked for some pictures.    She didn't ask a ton of marriage related questions,  was more interested in my immigration related history starting from the first day I arrived here.   
    Then she said she was done with my spouse,  walked him out.   Then came back to conduct the N-400,  questions were easy, she stopped, I believe, at the 6th one probably because I got them all correct.   Proceeded to ask me to read a sentence and write it down on an Ipad.   
    In the end, she handed me a piece of paper on which "A decision cannot be made yet about your application" is checked and said to wait a month for a decision in the mail.   Arghhh,  more waiting:-(  
    I don't know what I should expect from this point,  more RFE?  or some other hurdle?
     
     
     
  8. Like
    classyam got a reaction from Amhara in I-751 December 2017 Filers [merged threads]   
    for anyone who wants to attempt a walk-in for the biometrics,  go for it.  I did it in Manhattan today, literally in and out in 10 minutes, no questions asked.
     
     
  9. Like
    classyam got a reaction from Chiquitabella29 in I-751 December 2017 Filers [merged threads]   
    Biometrics letter received: 1/13/2018  (dated 1/5/2018)
    precisely three weeks after  NOA1
    I-751 received by VSC on 12/18/2017
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