Removal of Condition?

[chispas 0]

Hello,

I am not sure if anyone has experienced this, but I am confused about a letter I received yesterday from USCIS. Just some background information here. I withdrew my application last June after my SO had XYZ problems and XYZ things happened. I sent a letter to ICE and also spoke to them on the telephone too. As part of the letter and supporting evidence for my withdrawal, I asked that future corresponce be sent to my post office box. Fast forward to this year, my SO applies to lift conditions (I-751) on his own. I don't know when it was done, what he included in the petition nor what the details were. Yesterday I get a notice for my SO to appear for his biometrics. This was sent to MY post office box and not to his apartment nor my house. Why would I get this letter at my PO Box? Obviously they recieved my letter. Why to me and not to him at his address?

Just Confused...

[*JG* 2]

Did he list your address as his current address?

Maybe they just send an extra copy to you to let you know what is happening.

[Kathryn41 3,205]

Hmm, that is a difficult one. If it were me, I would call USCIS and tell them what has happened, that they had sent the letter to the wrong address; that your ex-husband has filed on his own and that you are no longer in the picture so they need to forward the appointment letter to the address that he has provided instead. You may wish to forward it to him at his new address if you know it. Even if your divorce was not amiable I think this would still be the 'right' thing to do.

Why you? Because the left hand of USCIS doesn't know what the right hand is doing. It sounds like they got your information flagged on his file but someone didn't bother to read the information and make what to me would be an obvious judgment call to send the appointment to the correct address on this application, rather to your address tied into the previous application.

[chispas 0]

Did he list your address as his current address?

Maybe they just send an extra copy to you to let you know what is happening.

Hola Jomo,

I didn't think of the option that mine might be a copy of what was sent to him. I don't know if he used my PO box number because I didn't see the application that he sent in. It would be risky to use my personal box number without my knowledge as I was not expecting to receive this letter. He has all of my personal documents "All" so I know he could have used any of those copies to file.

Thanks

Edited April 3, 2008 by chispas

[diadromous mermaid 36]

Hello,

I am not sure if anyone has experienced this, but I am confused about a letter I received yesterday from USCIS. Just some background information here. I withdrew my application last June after my SO had XYZ problems and XYZ things happened. I sent a letter to ICE and also spoke to them on the telephone too. As part of the letter and supporting evidence for my withdrawal, I asked that future corresponce be sent to my post office box. Fast forward to this year, my SO applies to lift conditions (I-751) on his own. I don't know when it was done, what he included in the petition nor what the details were. Yesterday I get a notice for my SO to appear for his biometrics. This was sent to MY post office box and not to his apartment nor my house. Why would I get this letter at my PO Box? Obviously they recieved my letter. Why to me and not to him at his address?

Just Confused...

Sounds to me like he has not filed a Change of Address form AR-11, and that this is *his* notice, OR that the initial application (joint) that you wished to have withdrawn was not.

[cherr1980 1]

For me it sounds interesting that you "the US spouse" are able to withdraw a petition that is from "the immigrant" who is the one and only actually responsible to file or withdraw the form I-751. Is in him to file in a timely manner the I-751. As the previous post stated sounds like he did not file the form change of address, or did not file it on time or it was not correctly change or updated as happened in many ocassions.

I think that you just forward it to him and put a note saying "please update your address, I don't want to received information about this anymore since I am not longer involve or support this issue". And keep a copy of it for your records. Even if you are not in good terms with him, won't make you less to forward it to him.

[diadromous mermaid 36]

For me it sounds interesting that you "the US spouse" are able to withdraw a petition that is from "the immigrant" who is the one and only actually responsible to file or withdraw the form I-751. Is in him to file in a timely manner the I-751. As the previous post stated sounds like he did not file the form change of address, or did not file it on time or it was not correctly change or updated as happened in many ocassions.

This is inaccurate. The I-751 that is jointly-filed is an application from both the USC spouse and the alien. As such, any USC can request that a previously filed joint application be withdrawn. If the alien, after divorcing a USC spouse submits a self-petition, on Form I-751, then that application is his or her own.

[chispas 0]

For me it sounds interesting that you "the US spouse" are able to withdraw a petition that is from "the immigrant" who is the one and only actually responsible to file or withdraw the form I-751. Is in him to file in a timely manner the I-751. As the previous post stated sounds like he did not file the form change of address, or did not file it on time or it was not correctly change or updated as happened in many ocassions.

This is inaccurate. The I-751 that is jointly-filed is an application from both the USC spouse and the alien. As such, any USC can request that a previously filed joint application be withdrawn. If the alien, after divorcing a USC spouse submits a self-petition, on Form I-751, then that application is his or her own.

Thanks,

I withdrew in 2007 and the Conditional Green Card exp. Jan 2008. We are separated and I use my own new address and he uses whatever he wants. The only way for USCIS to get my PO Box was to use the address I sent them when I withdrew my app. He doesn't even know my box number so I am schocked they would send anything to me rather than the address he used to remove conditions. As we are still married, he should have needed my signature. I can only guess he signed on his own and turned it in. Since filing for the AOS, I have never been contacted again by USCIS for an interview or anything. Nothing, nada. I see so many couples having to prove having a relationship or going to interviews and I have not had to do any. I just don't know why

[Staashi 371]

For me it sounds interesting that you "the US spouse" are able to withdraw a petition that is from "the immigrant" who is the one and only actually responsible to file or withdraw the form I-751. Is in him to file in a timely manner the I-751. As the previous post stated sounds like he did not file the form change of address, or did not file it on time or it was not correctly change or updated as happened in many ocassions.

This is inaccurate. The I-751 that is jointly-filed is an application from both the USC spouse and the alien. As such, any USC can request that a previously filed joint application be withdrawn. If the alien, after divorcing a USC spouse submits a self-petition, on Form I-751, then that application is his or her own.

He could have applied saying that he was unable to file a joint petition and request a waiver because "The termination of my status and removal from the US would result in an extreme hardship." (I-751 form block 2g)....Just a thought.

Edited April 4, 2008 by Staashi

[diadromous mermaid 36]

For me it sounds interesting that you "the US spouse" are able to withdraw a petition that is from "the immigrant" who is the one and only actually responsible to file or withdraw the form I-751. Is in him to file in a timely manner the I-751. As the previous post stated sounds like he did not file the form change of address, or did not file it on time or it was not correctly change or updated as happened in many ocassions.

This is inaccurate. The I-751 that is jointly-filed is an application from both the USC spouse and the alien. As such, any USC can request that a previously filed joint application be withdrawn. If the alien, after divorcing a USC spouse submits a self-petition, on Form I-751, then that application is his or her own.

Thanks,

I withdrew in 2007 and the Conditional Green Card exp. Jan 2008. We are separated and I use my own new address and he uses whatever he wants. The only way for USCIS to get my PO Box was to use the address I sent them when I withdrew my app. He doesn't even know my box number so I am schocked they would send anything to me rather than the address he used to remove conditions. As we are still married, he should have needed my signature. I can only guess he signed on his own and turned it in. Since filing for the AOS, I have never been contacted again by USCIS for an interview or anything. Nothing, nada. I see so many couples having to prove having a relationship or going to interviews and I have not had to do any. I just don't know why

You could only have filed the I-751 jointly in October 2007 (90 days prior to his CGC expiring) right? How soon after that did you withdraw the petition? Within a matter of weeks?

[chispas 0]

Thanks Dia

I withdrew in June, sent a letter in October and another in January