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Na-yeon

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Posts posted by Na-yeon

  1. Hi all,

     

    So I attended my divorce waiver I751 interview today. It went well. Matter of fact, the IO said she was going to approve my case and to start preparing to apply for naturalization.

    I get home to check my uscis account and this is what I see "Interview Cancelled And Notice Ordered."

    Now I'm all panicky and wondering if I need to contact them. Is this something that happens before the status changes to approved or she hit cancelled by mistake?

    More importantly, what do you suggest I do?

     

    Thank you in advance  

  2. 4 minutes ago, Allaboutwaiting said:

    You should receive a notification soon. 

     

    It sounds to me that it might have been a different service center to process your case "faster".

     

    In general, when it is transferred to your local office the status reads "case transferred and another office has jurisdiction" and soon after it changes to "case is ready to schedule an interview".

     

    Keep checking the status as anything - or nothing- could happen. 

    It will be a shame if they sent it to a different service center for "faster" processing. First they sent a RFE, confirmed receiving it and it took them 31days to give this update today.

    The time it would take to transfer could have been spent just approving. Whew!

     

    Thank you for the response 

     

  3. Hello,

     

    I got RFE Feb 9 2023 and my status was updated to RFE received Feb 22/2023. I'm a July 2021 LIN filer and my 24months extension expires in Sept.

    I've seen most people getting 48 months notice and I'm assuming I probably didn't get one because a RFE went out instead.

    Now I'm wondering if I should go ahead and request the notice or just wait it out for a little bit. With how difficult it is to get stamps and what not these days, I don't want to deal with that hassle down the line(which isn't quite as far anymore).

    Thoughts?

     

  4. 28 minutes ago, Chancy said:

     

    It does NOT depend on whose name appears first on the IRS transcript.  It doesn't matter even if the petitioner makes $0 income.  It doesn't matter even if the sponsor's household member is the "head of house".  It is the petitioning sponsor who must sign the I-864, even if their name appears last on the IRS transcript.

     

    Gotcha. Thank you!

  5. 15 minutes ago, beloved_dingo said:

    A couple of things:

    1. When you say "She filed with her husband as a joint sponsor". Who is "she"? Your cousin (and her husband)? Since your cousin filed the AOS she is the primary sponsor. If your cousin is married, her spouse should be counted as part of the household size. I defer to other members more knowledgable than me to address the "husband is a joint sponsor" aspect of this.
    2. If submitting tax returns, ALL pages and ALL schedules (W-2s, 1099s, etc) must be included. The way the RFE is worded makes it sound like the schedules were left out. It is easier to submit tax transcripts that are downloaded directly from the IRS. USCIS also prefers this. 

    Yes, she being the said cousin. And yes, she is married.

    So now she submits all pages and schedules and a new form I864? Doe she need to write a letter explaining anything?

  6. Hello all,

     

    So this is for my cousin who filed AOS for her mom who was already here on B1/B2 visa.

    Please see the attached pictures. She filed with her husband as a joint sponsor. So he filled out a form I-864 same as her. Should she have put her husband down as a household member instead?

    The evidence she submitted was their joint tax return of previous years.

     

    We are just confused as to what she should be submitting now and if using her husband as joint sponsor was the first mistake.

    So I guess my question is, in response to this RFE, what should she send to USCIS?

     

    Thank you all for your help in advance.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

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  7. 15 hours ago, da95826 said:

    You write USCIS a letter to the address on your latest receipt notice. Indicate you have filed a divorce and that you are requesting your joint i751 Petition be converted to a i751 waiver case based on divorce of a bona fide marriage. 

    Include your A Number and your  Receipt Notice number and a copy of your receipt notice and some evidence you filed for devorce.

    Thank you

  8. 34 minutes ago, mindthegap said:

    If they RFE for it the final divorce decree, and you don't provide it in the time stated (which is 87 days), the I-751 would be denied.

    You could refile after that of course, but thats an extra boatload of time, hassle, and expense to be avoided if at all possible. You could also not refile, go all the way to court, present the decree to a judge, and he would more than likely order it re-opened. 

     

     

    Technically you are in a grey area. In USCIS' eyes, legally, you are divorced, or married - there is no pending divorce status.If you inform them now, you run the risk of them asking for a divorce decree that isn't final, and if you can't provide it when asked, it will be denied. 

    if you don't inform them now, then, assuming you get no interview, it would probably be approved without issue.   If you filed as joint and it is approved, the odds are that at subsequent n-400 naturalization you would probably be ok. However, there is a chance that someone may notice the dates, and deny your naturalization based on that. This has happened before...I can't remember if the circumstances were identical, or if they were already separated and divorcing when they filed - I am sure someone will find it and post it - but either way, it is a tricky situation with delicate timing. 

    If you have some idea of when your divorce will be final, then go from that. If you know it will probably be approved in around three months, then that is an ideal time to inform them, as if they were to ask for the final divorce quickly, you will probably have the paperwork in hand at the time.  If you have a waiting period of like a year or something as it is in some states, then it potentially gets very tricky as odds on you would probably have been approved by the time your paperwork is in hand. 

    It is a grey area mess, and entirely of USCIS' own doing. 

     

     

    As a current data point, I refiled  a new I-751 last June after a denial, it was accepted and receipt issued, and then this month I got an RFIE - that is a request for initial evidence - for the divorce paperwork.

    Ignoring the fact that, worryingly, the divorce paperwork was indeed actually in the filing in a folder marked DIVORCE PAPERWORK, and that they have two copies from prior filings in my A# folder, that timeline demonstrates how slow things are right now, and how long it may take them to actually ask you for it. Or, they may ask for it in a matter of weeks.

    It is a complete lottery.

    You have my sympathies. 

     

    Either way, concentrate on YOU at this time, and remember that by itself, divorce is not a reason for denial whatsoever. 

     

     

    This is very helpful. I'll push reporting to USCIS till the end of the month. It will be good enough time to inform them. Where/how do I report it though?

    Am I contacting Emma or writing a letter? If letter, where am I addressing it to? My case is being processed in Nebraska(LIN)

    Thank you 

  9. 48 minutes ago, Mike E said:

    It increases the odds you will resolve this at your removal of conditions trial.  If you have a decree by the time you get to trial, great.

     

    Waiting till removal trial can seem  scary and and for that reason you can just just re-file I-751 if you miss the RFE deadline.  See 

    And btw I consider that person to be the most knowledgeable non lawyer expert on I-751 in the known universe.  Just search for mindthegap’s posts on VJ. 
     

    Also I believe RFE deadlines are auto extended due to Covid.  Yes:   https://www.uscis.gov/about-us/uscis-response-to-covid-19

    We will consider a response received within 60 calendar days after the due date set forth in the following requests or notices before taking any action, if we issued the request or notice anytime from March 1, 2020, through March 26, 2022: 

    • Request for Evidence;
    • Continuation to Request Evidence (N-14);
    • Notice of Intent to Deny;
    • Notice of Intent to Revoke;
    • Notice of Intent to Rescind;
    • Notice of Intent to Terminate regional centers; and
    • Motion to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

    Appreciate your responses. Thank you!

  10. 1 hour ago, Mike E said:

    Then you likely won’t get an I-751 interview and this won’t have an opportunity to change to a waiver petition in interview.  Thus I advise notifying USCIS that you are getting divorced and wish to switch to a waiver petition.  If you wait for the divorce decree before notifying USCIS then the danger is you will be approved under the joint petition. It can then get messy when you later file N-400 or worse you file I-130 for another spouse or worst that spouse files N-400. 
     

    You will get an RFE for the divorce decree.  

    If the decree isn't ready in the stipulated time given, doesn't that jeopardize my case?

  11. 1 hour ago, Timona said:

    Ideally, I will only suggest updating at the interview when you have the final divorce decree.

    For example, if you are in a place like NY that requires one year separation and let's say your interview is next month and you update them now, you will probably not be able to produce that final decree even if an RFE is issued. That may cause your case to get denied and then you have to start a fresh when you have the decree in hand.

    Thank you

  12. On 3/15/2021 at 1:16 AM, RCCC said:

     

    Hi All,

     

    Here is timeline for my I-751;

     

    3/11/2019 - USCIS received I-751 Joined Application 

    5/21/2019 - Biometrics Taken

    12/20/2019 - Submitted divorced paper w/ additional supporting documents to USCIS

    3/26/2020 - Case transferred for interview scheduling

    3/4/2021 - Missed interview 

    3/6/2021 - Received denial letter for I-751

    3/11/2021 - Interviewed with USCIS supervisor and approved on the spot!!!!!!

     

    I did not hired an attorney. 

    If you have any questions, I will be happy to answer. 

    Hi RCCC,

    If I understand this correctly, you started your ROC as a joint petition and got a divorce along the way? Did you inform USCIS when the divorce started or you waited until you had the divorce decree to send it in?

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