Daniel Littleton

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On 8/22/2019 at 1:12 PM, Charlene/Neale said:

I'm in the same situation and have heard the same thing - though my immigration attorney informed me that while filing late via divorce waiver may not negatively affect residency status, it does affect work eligibility. According to her, if your Green Card lapses, then you aren't eligible to continue working in the US until the ROC is filed and you've received the NOA.

Does anyone else have feedback on work eligibility in relation to the ROC process?

Hi Charlene!

So sorry to hear about your situation.

Im not due to send in the Waiver as of yet, my Greencard of two years isnt up until March 2020, but I wanted to get the ball rolling now.

My main concern is evidence, if the previous evidence is good enough to resubmit or if I need more etc.

Not working would be an interesting issue thats for sure.

Wondered if you have already filed?

4 hours ago, mindthegap said:

Send it as soon as you are divorced.

The 90 day window only applies to joint filings - with a divorce waiver you can file at any time. It isn't like there is going to be any additional co-mingling evidence created after the divorce is it, so get it in as soon as the divorce is final.

Any evidence you have, include it. They will be most interested in evidence from date of gaining permanent residence ('resident from' date on your card) to present but anything of any age will be useful in building a complete picture.

 

Also, VISA is a credit card. You are a lawful (conditional) permanent resident, and not in the US on a visa.

Yea excuse the incorrect usage of terminology there!

Awww, so with the divorce I can indeed file any time! Thats interesting!

Sorry visa.

Well the divorce is underway. Ill be filing a waiver.

Its not due yet, Im just forward planning. Im looking for advice regarding what others have submitted in terms of the waiver and such

Hi there!

I wanted to say first of all, thanks for taking the time to read this!

I am preparing my evidence for the I751 removal of conditions. My VISA runs out in March 2020 and I am able to apply for removal of conditions within the 3 months leading up to the expiry of the VISA (2 years conditional presently).

My biggest issue is the evidence. I have the evidence from the previous application & we separated in December of 2018.

Does the age of evidence come into play at all? As we had already really started to separate at that time and what not. So having any recent evidence of marriage would not of course exist.

It is a little confusing and worrying, so Im wondering what kind of evidence other I751 waiver petitioners supplied, or forms of support.

Thanks so much in advance!

Daniel

UPDATE: I have spoken to the staff of our local congressman and have filled out forms with the info needed to have them contact the USCIS asap and see what they can do. We also have a meeting with a lawyer tomorrow.

Surprisingly most lawyers have been unhelpful in our case as they did not start the I485 submission process. Funnily enough the lawyer is also British. I am quite disappointing by US lawyers at present and their willingness to accept such a straightforward case.

We are also scheduled for a USCIS infopass meeting on the 9th of March (25th is when I290b needs to be with them as our last resort). We hope that one of these two avenues is viable before sending off a 290b and $700. We are WELL on the case people!

15 hours ago, mindthegap said:

You must be proactive in this...don't just sit around waiting.

As soon as possible, make an infopass and perhaps ask for a supervisor.

Assemble every piece of USCIS mail you have with the old address and new address on, and the receipt for change of address and take it with you.

 

Stress that you did not receive notification of an interview (it happens a LOT - it also happened to me, where one interview letter was the only piece of USCIS mail that was never received by me and did not show up in informed delivery - I suspect it was never sent in the first place) and hopefully they can reopen it without the need for the hassle and expense of filing an I-290b.

 

If no joy with the above, contact your senator/congressperson and ask them to intervene.

 

In the meantime do not leave the US

Ill try to find all the forms possible we have presently. We have been very proactive even on the first business day today! We gathered all the info we could, booked an info pass(for a week and a halfs time) and even managed to et a lawyer to consult for us. We are good to go! I have also drafted a letter just in case it comes to the worst of having to submit the form

Thanks all! Sorry I couldnt reply. Seems to be a silly posting limit? Kind of ridiculous especially when people have worries and such!

Update is: We have found a local attourney who will be consulting us! Ive written up a letter as well as trying to get the I290b prepped.

I also scheduled an infopass session but this wont be until the 9th of March. Its cutting it fine in terms of getting the letter/290b to the right place. I recieved the denial Feb 24th and it was issued on the 20th of Feb leaving me until the 25th of March at the very latest to get the form in. I am assuming 2 weeks is enough time for the USCIS to recieve our letter/290b? I wanted to wait until the infopass as we may beable to avoid all of the 290b issue along with paying the $675 or would anyone recommend going straight for the 290b? This in all honesty could be a simple issue after all of them rescheduling?

I did call today though and two reps said that the address they have presently is the address they have and they cannot tell me where the interview notice was sent to.

Just now, caliliving said:

Everyone that AOS in america has an interview. K1 very rarely has one.

 

again it depends on the country. my interview was quick and a joke! 

Interesting that its very rarely. I wonder now why we would have been singled out? We never had any issues with paperwork and such... seems very odd... Maybe a routine one

1 minute ago, caliliving said:

Everyone that AOS in america has an interview. K1 very rarely has one.

 

again it depends on the country. my interview was quick and a joke! 

20 minutes ago, Hypnos said:

AS stated, due to incompetence USCIS often doesn't process address changes correctly. They likely sent your interview notice to your old address, where if it wasn't returned to USCIS, someone probably threw it away.

 

Before going the I-290B route, make an Infopass appointment at your local office. Explain that you moved, correctly submitted your change of address (bring proof), but your interview notice wasn't sent to your new address. They will often be able to re-open the case themselves without an I-290B being required, because the filing fee for that appeal form is $675, and obviously if you can avoid that, you should -- especially when this isn't your fault.

Thanks so much for that! If it does mean opening a 290B we are still unsure which to go for motion to re open or motion to reconsider. We ar basically covering all our bases as much as possible atm in case we do have to go down that route.

Thanks for your advice tho. Taking time out to help is awesome of you.

5 minutes ago, Amy_and_Victor said:

This is not necessary true. I think it really depends on the evidence you send plus a bit of a luck. If your evidence is good enough and you don't get into random "let's interview this case" drawing, you may not have an interview. I did not have interview neither for AOS, nor for ROC, and was approved for both. The only interview that is a must with no exceptions after you came to the US is citizenship application, everything else is up to USCIS if they want to interview you or not.

 

- Victor from Russia

Interesting, good to know! I do believe i hope at least, that its due to simply this interview issue

49 minutes ago, Slim213 said:

I understand your issue and went through the same.I moved to a new address in August,changed address two weeks prior to my move and got a confirmation letter.Made several service request why my case is delayed not knowing the interview letter was sent to the old address yet uscis kept sending me responses to the new address saying they will respond in 60days.Waited but didn’t get a response so I decided to contact my senator.That was when it was found out we missed our interview in aug.Our new interview is rescheduled for tomorrow the 26th.P.S the recent interview notice was still sent to the old address but was forwarded by usps this time around.Goodluck 

Oh wow good luck for your interview! So you were denied your AOS? If you were, did you appeal or motion to re open etc? Did the Senator enquire for yourselves?

Thanks in advance!

34 minutes ago, Dutchster said:

Your K-1 is expired as soon as you use it to enter the US. You were in legal status based on your I-94, not your K-1 visa. The NOA1 of your I-485 was your new proof of granted stay when your I-94 expired after 90 days.

Your EAD is invalid now that your AOS is denied which means you currently have no authorization to work in the United States. 

Thanks Dutchster!

9 minutes ago, cyberfx1024 said:

Did you come on a k1 visa.

I did indeed. But that of course by now is up. Its been a year since I came into the country, just over and the I485 has been in process that long. In feb early i was meant to have received this letter

11 minutes ago, little immigrant said:

What does you're case history say when you go online? Was there an interview scheduled and you missed it? As soon as it said your interview was scheduled why didn't you contact USCIS about the non receipt of the interview letter? 

We didnt check the notive, I did check a seperate recipet number but not the I485 one. Having just checked there was a note on there but it was only the middle of January. Definately a slip up on my behalf, but in all honesty we have never needed to check as mail and communication has always been fine

9 minutes ago, TNJ17 said:

You need to find out the reason why it was denied. K1 visa holders usually don’t require interviews for AOS. You must have filed something wrong or they needed more evidence and because of your move the letter got lost. Unfortunately this happens and moving while going through immigration stuff is a pain because you always end up missing something in the mail. Call USCIS and ask to speak to a tier 2 officer and get information about the denial. I think you may be able to ask them to send you the letter with the denial reason. Good luck. 

It is literally because we missed the interview. It says that in the letter itself

@TNJ17 we recieved this mail fine, also they had the correct address. The time between the letters is less than 1 month. Every application needs to have the marriahge interview in order to make sure it is a legitimate marriage, Ive not seen any exception to this, it is literally because we missed that interview.

@littleimmigrant We didnt check the notive, I did check a seperate recipet number but not the I485 one. Having just checked there was a note on there but it was only the middle of January. Definately a slip up on my behalf, but in all honesty we have never needed to check as mail and communication has always been fine

Hi there,

I'm from the UK and moved to the states to marry my now wife over in Seattle. We went through the hoops, paid all the fees and had no issues...until now.

Yesterday(Sat 24th Feb 2018) we received a letter denying the permanent residence of myself. This was news to us as we had not received a letter for the interview for myself and my wife.

We searched the house top to bottom, no letter, we watch the mail like hawks awaiting anything coming through. We had moved in August BUT the first thing we did was to change the address and get a recipet for that change. This feels like a non starter as we did receive this letter.

We are both devastated after being here just over a year now and having met all the conditions and applications up until now. We intend to appeal via the i-290b form.

My concerns are as follows:

- We are able to appeal, but based off of a letter not being received do we motion for to re open or motion to reconsider? Or would it even be some of the other options on the I-290B form.

- When I appeal, am I able to continue to work or will I need to wait? I literally just found a job which was tough in the first place in my field and this worries me greatly.

- Do I need to leave the US whilst I appeal via the i-290b form?  As the letter states: ''you were lawfully present in the United States as a K-1 fiance immigrant. This has expired. You are not authorized to remain in the United States and should make arrangements to depart as soon as possible. and so on. Even though in the section previously and following I am told I can reopen or reconsider. The terminology and grammar used is extremely confusing.

If anyone has been in this situation before I would appreciate any advice.

Steps we are going through: Talking to a lawyer, calling USCIS Monday asap, Info pass perhaps?

Thanks and I apologize if this is in the incorrect forum.

Daniel