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Removal of conditions, why are so many cases denied based on abandonment (lost mail)

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Filed: AOS (pnd) Country: France
Timeline

Hi,

My wife's I485 and my I130 just got approved. She will be receiving her conditional green card in a few days. We will have to file for removal of conditions in a little less than 2 years. Out of curiosity, I am reading about the I751 removal of conditions process and found out that a pretty large number of cases are considered to be abandoned because the applicants never received the biometrics appointment letter, a RFE or the interview letter.

Why are so many letters lost? How can this be avoided by applicants? If applicants choose to go with a lawyer, are all notices sent to both the applicants AND their lawyers?

How did everything pan out for you?

Thanks a lot for your help!

I am the US citizen, my wife is the applicant.

Adjusting from J1 Trainee visa:

August 25th, 2010: Filed AOS package to USCIS

August 27th, 2010: Package received by USCIS

September 2nd, 2010: Received I797 for I-130, I-485, I-765

October 14th, 2010: Received biometrics appointment letter (will be on Nov 5th)

AOS interview will be on January 13th, 2011!

January 13th, 2011: Approved at the day of the interview

Next step, removal of conditions

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Filed: K-3 Visa Country: Colombia
Timeline

some people return to there country,some people move there biometrics get returned to uscis,why do you need a lawyer,you need evidence of a bona fide true marriage, some times they pick randomly for interview,

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Lawyers.. blegh.... they cost a lot of money and they hardly do anything because, in the end, YOU will still need to provide all the evidence and such. The lawyer cannot do anything different than you can actually do for yourself. If your application gets denied, and you have a lawyer, you lost a lot of money but can still only blame yourself as you're still the one responsible for it all, not the lawyer. A little while ago I read someone paid their lawyer 4000 USD or so and the lawyer actually gave the wrong information... then what? Seriously, if you have a normal petition to file, you can seriously do without lawyer.

Also, the USCIS only sends the notices to one single address, not to both lawyer and petitioner. In addition to the above given reasons why some get lost, another one is that people move to a different address and fail to inform USCIS (or that USCIS actually fails to put the data in themselves).

N400 Timeline:

12/14/11 - Sending out N400 package

12/19/11 - Received by USCIS

12/21/11 - NOA date

12/22/11 - Check cashed

12/27/11 - Received NOA

02/06/12 - Received yellow letter (pre-interview case file review)

03/13/12 - Placed in line for interview scheduling (3 yr anniversary)

03/17/12 - Received interview letter

04/17/12 - Interview - No decision, application under further review

04/17/12 - Biometrics

04/25/12 - Placed in line for oath scheduling (so I'm approved yay!)

04/27/12 - Received oath ceremony date

05/09/12 - Oath ceremony!!

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Hi!!!

Trust me, the removal of conditions process is VERY EASY (if the marriage is bona fide and the applicants have enough proof), I think getting a lawyer is totally unnecessary. As long as people update their address with USCIS when they move, and make sure to write their addresses correctly in the forms, there will be no problem.

Good luck in 2 years!

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Filed: Other Timeline

I would argue that the overwhelming majority of ROC petitions are being approved. Only case of fraudulent marriage or cases where the documentation submitted is so ridiculously weak will be denied. For somebody who is a VJ member and pays attention to the process and documentation, ROC should be straightforward.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Filed: Citizen (apr) Country: Ghana
Timeline

You don't need a lawyer for ROC if you can read and write English. I was going to use a lawyer untill I saw the forms and saved myself $600. Have you moved since you filed AOS? and if you did, did you file address change? There are some reasons why USCIS will deny ROc applications for abandonment.

1. Abandonment.

2. Detection of fraud and abandonment afterwards.

3. No evidence of co-mingling to cover the conditional period.

4. Lost mail. Very ralely

Other than that over %90 get approved without an interview. If you have all the needed evidence, don't worry about others being denied. You'll be fine.

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Filed: AOS (pnd) Country: France
Timeline

Thanks everyone for your answers,

If we move I will do the change of address procedure and also double check before sending the docs to see if they have the new updated address in their system, since some people reported that they had sent the change of address form and the letters still got lost. :angry:

I will not use the services of a lawyer, you're right. While the AOS was possibly difficult enough to explain the use of a lawyer (we got approved without one), the ROC seems fairly easy.

I am the US citizen, my wife is the applicant.

Adjusting from J1 Trainee visa:

August 25th, 2010: Filed AOS package to USCIS

August 27th, 2010: Package received by USCIS

September 2nd, 2010: Received I797 for I-130, I-485, I-765

October 14th, 2010: Received biometrics appointment letter (will be on Nov 5th)

AOS interview will be on January 13th, 2011!

January 13th, 2011: Approved at the day of the interview

Next step, removal of conditions

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