A110

43 minutes ago, DPP123 said:

854 days since they received my package.  We did fingerprints and have received three extension letters.  Still waiting and can't make an inquiry for a few more months.  

I am assuming you have not filed for N400.

31 minutes ago, KS1988 said:

I'm considering filing for N400 when I'm able to. 

 

Why would an officer reject a legit official paper? Plus if it is not expired?

They won't reject it, but may be confused and thus you'd have to jump through extra hoops. You have something to lose and the officer does not

3 hours ago, KS1988 said:

Omg 44 months!!! I guess I'll follow your advice. Thank you!

44 month was when extension letters were 12/18/24 months. I would not be surprised to see cases for 2022 and above taking +72 months if they don't file for N400 ....

3 minutes ago, Rocio0010 said:

I am not presenting any “logic” for you to argue. What I’m saying is that people say that the 751 will be looked at after you file for the N400 as an absolute truth, and to me it’s been far from that . 

You have more experience in this issue than me so I do respect your view

5 hours ago, Rocio0010 said:

Yep, unfortunately that is true. My case is a good example of someone applying under the three year rule, 90 days before the third anniversary of my green card, yet absolutely nothing moved. The only thing I have is that I had to go in for a biometric appointment, and case is being actively reviewed since. Meanwhile, others that applied with the five year rule or as an IR-1 (no 751 involved) have been moving along left and right. Same city, same FO, and in one case, same SC for the 751. So if you are in my situation, the 751 did not shake loose at all.

People here are quick to say that the N400 is quick, and that it will shake lose the 751... Well, in my case, it didn't

I don't really see how this logic makes sense, there are three options the way I see it:

1. Don't file N400 and wait forever (I think 40 months or so would make sense at this point)
2. File N400 at the three year mark and wait maximum of 1 year (talking worst cases here)
3. File N400 at 5 year mark

I still think the N400 option would be the best one. If it does not DELAY your I751 then what do you have to lose?

On 5/13/2023 at 1:56 PM, Fe.Ta said:

Example on why we are hesitant to apply for N400 right at the one year mark of our 751:
 

 

I'm sorry but your argument does not make much sense. Avg wait time in potomac is 28 months, this number is very likely to increase with the 48 months extensions and how the agency does not care about I751 at this point. The average wait time according to VJ for N400 is around 163 days for the past 3 months. At worst there will be a one month limbo state added to your wait time for N400 because of your pending I751 but I don't think there is ANY valid reason that applying for N400 would delay anything at this point. This may have been true 7 years ago or so when I751 would take 6 months max, but at this point I think uscis cares about getting as many new "Americans" as they can to somehow boost their immigrant loving image and distance themsevlves from the Trump days. The N400 plays into this narrative hence why you see a dramatic decrease in the processing times but removing conditions has nothing to do with this issue hence why its been deprioritized.

16 minutes ago, Loren Y said:

Looks like the Ex pulled her I-864, or sent something to trigger this. Time to lawyer up! and make sure you have plenty of evidence that you entered into the marriage in good faith.

I don't think the withdrawl would trigger this. If the ex did send something it would result in an interview,rfe, denial or even the evidence being ignored. I don't think the ex has any say in a withdrwal. 

I was very stoked to see the USCIS try to implement their risk based approach, now I think this is the algorithm they follow hahaha:

1. Increase the extensions to 48 months for everyone
2. Don't touch cases for around 2 years at least OR when they naturalize
3. If they naturalize do Combo Interview and boast as a liberal goverment how easier it is to become naturalized vs Trump Years (N400 is getting so quick to adjust these days and averages 5 months)
4. If they don't naturalize and are still married waive interview after 2 years or so of waiting
5. If they divorce and have good evidence waive
6. If bad evidence and divorce or bad evidence and married RFE or interview
7. I guess deny the rest?

Technically it is not faster, just letting cases ferment, push people to apply for N400 and allocate resources to more "liberal party values" such as DACA, N400's or Asylum casess. 

1 hour ago, igoyougoduke said:

https://www.law.cornell.edu/cfr/text/8/216.4 or you can google it 

That is awesome. I think the only reserve I have about this issue is having my name on a public record

2 hours ago, igoyougoduke said:

you really dont need a lawyer. you can write in simple English. Dont listen to lawyers.  i have filed a mandamus after 90 days of filing my ROC. Court has given USCIS 90 days to adjudicate. 

each lawyer will have a different story. one firm will say 6 months another will say 12 months and another will say 2 years. what they say is as good as uscis processing time 

Where did you get the 90 days from? Serious question as to why not 180 days or 60 days or whatever.

On 4/20/2023 at 10:27 AM, Fe.Ta said:

@OldUser options are correct.

Now, while most people do get their I-751 and N-400 approved the same day via a combo interview, there are plenty of cases that do not.  So, there could be several reasons why people would choose to wait for the I-751 to be approved or be closer to the estimated date before N400.  Just the other day I saw a post on VJ (which of course I can't find it) where the N400 was waiting close to or over a year BECAUSE the I-751 had not been approved yet.  There are plenty that just get conditionally approved until the I-751 is approved which can take weeks, months, years.

Take our case for example, we are in death row Potomac.  We  are eligible to apply in September 2023.  Will we do it exactly at that time?  Probably not.  Why?  Well, we haven't even heard on biometrics so the chances of the I-751 be "shaken loose" by the N-400 is minimal compared to other cases at other service centers or even Potomac.

Again, yes, all three options OldUser shared are accurate and the choice will depend on the person's preference and where their case is at - in additional to their overall priorities of course.

I respect those that are applying for N400 immediately, but I also get those of us that just don't see the point because you can tell we are going to be stuck anyways and we might use that $800 for other needs at this time.

Another word of advice, users like you and @DE2020 are going to be approved faster than others within this thread and other threads because of your originating countries.  They are giving priority to countries like Venezuela and Ukraine because of the turmoil, which I get.  However, it will not yield a realistic estimate or window to the others that do not fall within those countries that filed around the same time you did.

When you apply for N400 the local office has juristiction and potomac is irrelavant. I also have been assigned to YSC so I do feel your pain but I don't think N400+Being at Potomac is any worse than N400+Other service centers. But I can also be wrong, just like I was wrong about risk based approach increasing the speed.

On 4/20/2023 at 10:27 AM, Fe.Ta said:

@OldUser options are correct.

Now, while most people do get their I-751 and N-400 approved the same day via a combo interview, there are plenty of cases that do not.  So, there could be several reasons why people would choose to wait for the I-751 to be approved or be closer to the estimated date before N400.  Just the other day I saw a post on VJ (which of course I can't find it) where the N400 was waiting close to or over a year BECAUSE the I-751 had not been approved yet.  There are plenty that just get conditionally approved until the I-751 is approved which can take weeks, months, years.

Take our case for example, we are in death row Potomac.  We  are eligible to apply in September 2023.  Will we do it exactly at that time?  Probably not.  Why?  Well, we haven't even heard on biometrics so the chances of the I-751 be "shaken loose" by the N-400 is minimal compared to other cases at other service centers or even Potomac.

Again, yes, all three options OldUser shared are accurate and the choice will depend on the person's preference and where their case is at - in additional to their overall priorities of course.

I respect those that are applying for N400 immediately, but I also get those of us that just don't see the point because you can tell we are going to be stuck anyways and we might use that $800 for other needs at this time.

Another word of advice, users like you and @DE2020 are going to be approved faster than others within this thread and other threads because of your originating countries.  They are giving priority to countries like Venezuela and Ukraine because of the turmoil, which I get.  However, it will not yield a realistic estimate or window to the others that do not fall within those countries that filed around the same time you did.

I don't think countries are relevant for I751 or N400. I485 or Asylum cases are different but if you actually think they spend more than a few hours on each case (at most) then you probably don't know how a govt agency works. I think I751 just sit collecting dust until someone opens them to USCIS we are all LPR and there is no sense of urgency to look into our cases or even find the originating country. This info becomes relavant after they start looking at our case and at that point its either approved, RFE or denial.

8 minutes ago, zDarkAngelz said:

Hello everyone,

 

My wife (USC) and I jointly filed i-751 in Nov, 2021. Now she's filing a divorce (her lawyer hasn't submitted our case to the court yet).

 

I had a lawyer file i-751 for in Nov, 2021. Now, the lawyer told me that when my wife files a divorce, I need to make a service request to USCIS to notify them of the situation. From there, if USCIS denies my case, I will then need to file another i-751 with a divorce waiver; or I need to act depending on what USCIS wants me to do.

 

I'm expecting to get a divorce decree 3 months once our divorce case is submitted to the court.

 

The question is:

- Should I make a service request while waiting for the divorce decree?

- Is there any possibility that I get deported if my i-751 gets denied?

- What else can I do?

 

Side note, when I filed joint i-751. I believe I had submitted pretty solid evidence for our marriage.

- Bank Statements

- Pictures

- Phone bills

- Car title with both names

- Car insurance with both names

- Tax return

 

 

Any advice would be greatly appreciated.

 

Thank you!

Evidence wise it seems fine.Just collect some info from the time you submitted I751 up to now and collect as much as possible in case of RFE or having to file a fresh I751.

If anything that would help your case since you jointly own the house but she took out the mortgage. In a sham marriage it would be the other way around and if the USC puts herself at risk it does show it is a legitimate marriage. However write a letter and put the whole thing mortgage, deed and payments in a HOUSE PACKAGE with a cover letter explaining the case as the officers don't have the patience to figure it out.

In my case my wife cosigned around 45K of my student loans and I included that.

I understand receiving the letter is a big deal for many and on an individual basis people would worry if the extension did not get to them. It was also cool to see people receiving the letters in the begining and knowing they don't have to worry about getting a stamp,etc. 

At this point however most threads are just spammed with people updating that they have received the extension and this really does not provide any meaningful data point or useful info. I get that it may give people a sense of progress but in reality I don't think its helping anyone other than the spam content. At this point the only updates would be if you don't get the letter and are asking for help or some progress on your case in my opinion. Feel free to disagree, I am just offering my thoughts here.

I would not be surprosed if 36/48 month becomes the norm and normal cases take upwards of 5/6 years. The 48 month extension is proof of what is about to come.

On 4/5/2023 at 7:37 PM, Ronnie12345 said:

Isn’t it always at the discretion of the immigration officer at the border? I’m worried that I’ll be treated suspiciously with a pending I-751 with a divorce waiver. And when I get nervous I fumble and that would only create more suspicion…

hahahaha. I think 40% to 50% marriages in the US lead to divorce. Divorce is very common......

Also as fyi I think maybe around 2 to 3 percent of I751's get denied and even after denial it's the discretion of the judge to revoke it which is not that easy. So perhaps even less than 1% get actually denied and maybe revoked (some end up filing another I751) SO THE CHANCES ARE VERY LOW. The border officer is probbaly more concered with his/her mortgage than your divorce and doesn't care. Obviously this would not be the case if you were a member of the communist party or some organization that was federally prosecuted or something, But divorce is HIGHLY unlikely to lead to any suspicion with the border guy.

15 minutes ago, Adam2658 said:

 

I'm not worried about the legitimacy of our marriage. It was real. I'm more concerned about the technicalities that I have to have ready come the day of the interview. 

 

Also, she's not gonna help out. After everything gets settled she said she never wants to see me again. 
 

I751's have an extremely low denial rate so you are probably fine,that being said it comes down to how long and messy do you want your I751 to get. The more evidence and concrete proof you have the less likely you will encounter any weird questions from USCIS. I strongly suggest that you spend the weekend thinking about possible scenarios, and gathering as much evidence/info as possible. This is not so much about the effort but about how careful you are to plan it out. The actual job is rather irrelevant, focus on things that have a higher return on your effort.

4 minutes ago, Adam2658 said:

My main motive behind waiting a few months is to get my finances and new living arrangement situated before I file. I also would like to get a better job than the retail one I have now so I have something to show for, if they ask what I do for a living.

 

I'm not sure how subjective the interview would be, but I don't want to give the impression that I could be the type of person who would require government benefits or anything of that sort in the future. Does waiting to file harm my chances though, or does it not make a difference?

Your job does not matter as long as you can prove you are a person of decent character (no criminal records,drug use,...). That being said as I have stated above having your spouse help out or at the very least not be resentful will go a long way in helping your case. With the recent updates the I751 may take around 3-4 years to complete and having an ex who's resentful will not help. If you are helping her find a better living situation I would also ask her for a sworn testimony regarding the legitmacy of the marriage.

32 minutes ago, Adam2658 said:

Thanks guys. So based off the information I've gathered, this is the proof that I'm able to get:

 

- former joint bank account

- joint health insurance

- tax returns for 2021 and 2022 that we filed together

- pictures as secondary evidence

 

Is there anything other than proof of bonafide marriage that I need to have ready before the interview (medical check, biometrics, letter of employment/bank statement, etc)?

 

Also, does it make a difference whether I choose to remove conditions right after the divorce or if I wait a few months? 

No one knows your situation better than yourself. It is best to spend a few days thinking about the other evidence you can gather and consult with the folks here. Some easy to get evidence that I submitted with my case were:

1. Listing my wife as emergency contact in my work portal
2. Post cards that were addressed to both of us or wedding invitations.

Remember only God knows the true intentions of people marrying each other. The only reason USCIS requires proof is NOT to prove the legitamcy of your marriage but to make it harder for fraudsters to marry for the sake of the green card. The more proof people have the higher the bar will get for some random Joe to marry someone for a Greencard. Spend the weekend thinking about what else you can submit and I am pretty sure you will have a few more items to add to the list. Also start making a list of possible people who can provide affidavits. 

Last piece of advice is to try to have an amicable divorce. Having a resentful spouse on your back will probably not help your case if she/he were to contact USCIS.

Godspeed

You are legally entitled to have whatever has your name on in terms of the documents. Bank statements, tax and house lease. As others have mentioned the pictures are icing on the cake unless it was with relatives, vacations or things that are harder to obtain than a simple selfie (and even then it's not that significant).

Personally I don't think job title or credit scores are given any consideration however the job title usually may have two benefits:

1. You can afford better lawyer with a better job/money.
2. You usually have the means to provide more "Evidence". E.g buying a house together vs living with your parents, or going on vacations together, sadly the kind of documents that usually prove the bonadfide component are those related to money or those that are easier to procure if you have more money (joint insurance for example or beneficiary with 401K).

20 minutes ago, Rosa Garcia said:

Hi! I would like to personally thank you all for your excellent guidance. 

I was accused of marriage fraud. The family court judge stated that I married for a green card and that's not true, so USCIS just ignored my bona fide join evidence and agreed with the family court judge.

I met a lawyer for a consultation yesterday and $250 later I found out to pack my bags and leave... he said that even if I file another i751 it will be denied. I did file another one, and still thinking of leaving before receiving NTA . I'm scared of their new policy as I read that they are prioritizing cases with fraud and even if I filed another new I-751 they may still send me NTA. Maybe you few of you, including @mindthegap didn't receive it because your denial reason was different or maybe because they are super backlogged. In the decision letter Uscis stated that I had 33 days to file motion to reopen or reconsider but i didn't do that. So now I dont know if they are going to wait with NTA until they adjudicate my pending i-360 and i751, I know they will be denied but I think I'm not interested in living in limbo, and wait few years for a master and individual hearings. I'm from Miami and the immigration court is the most backlogged in the country. I think I will leave in few weeks and if I don't receive NTA, I can leave just by abandoning my legal status. If I receive NTA I think I still will be leaving but that means the judge will rule in my absentia, put a fraud on my record and ban me for 10 years from entering USA. I'm not planning on coming back but of course I never know. How about if I find a job with an american employer...that will be a big problem. I'm praying that everything will be ok. I will keep you all posted. 

Most family judges and divorce lawyers don't know the immigration process nor care about it. If you are not trolling this forum (at this point it seems that way) you have said something very very very very stupid to the judge to be noteworthy on your case. I know a few people who got their divorce due to having an affair but got their I751's still approved because their actual marriages were bona fide. So either there is something very very wrong with your case and you did something super stupid or you are just having a laugh at our expense. 

At this point I don't care either way and refuse to engage with your posts. 

Best of luck

Before you meet with your ideally new lawyer try to think of all the weak grounds that led to your denial and write them down. Your lawyer can draft a letter addressing those issues, you don't have to let us know and it should stay between you and your lawyer but did you ever:

1. Write somewhere or tell your husband you married him for a GC?
2. Straight up went and lived with someone else after you got the GC?

It sounds like you had very weak evidence and your husband somehow possibly made the situation worse by informing USCIS. The combination of divorce, weak evidence, angry ex and your not so well chosen decision in the lawyer can have dire consequences. Since you cannot fix the divorce your best bet is to fix the other parts. Last but not least, it seems you are somewhat suffering from anxiety which can lead to very poor decision making, if money is not an issue seeking professional help may even help.

Best of Luck