Panic! I-751 submission was returned to me!

[MacTO 6]

Hi all,

I am awfully confused here. Please, let me know what I possibly did wrong here.

I just filed I-751. It was last Wednesday and the submission arrived there last Friday. And I was waiting for them to cash my check. Then, today, the application came back to me. The reason is that I was filing it too early (prior to 90-day window before the second anniversary) according to the piece of paper they returned my submission with.

However, the thing is that I was filing it with a waver. I meticulously followed all the guidelines and steps that I found here on VJ and checked d. under Part 2. Basis for Petition on the form I-751.

But it came back to me with that reason!!!

What did I do wrong here?

1. The check was stapled onto the first page of the I-751 form, which was very clear that I checked d. under Part 2.

They could have missed that? I did not check a or b. It was clear that I checked d.

2. When I filed it, I put the cover page on top of the I-751 form so that they can read the head - Re: I-751 Petition to Remove Conditions by Way of a Waiver of the Joint Filing Requirement with the US Citizen Spouse of Status on:

Can they really miss that?

I am confused. Am I supposed to resubmit it as it was? Like everyone says on VJ, I do not wait around till the 90-day window arrives, which is late January next year, or the USCIS finds out that I am divorced and starts the deportation process. Do you think that someone at the USCIS made a mistake? I sent it to the USCIS California Service Center.

Any advice would be appreciated. Thanks.

Any advice would be appreciated.

[Dave&Roza 748]

A waiver for not being married to the USC does not mean you can file early. You still must wait for the 90 window which you state is in January. Do not panic, you still have a valid GC and will not be deported. As long as you entered the marriage in good faith and then got divorced you can still file for ROC nd the waiver is for not filing jointly with the USC as you are now divorced. Hang onto the paper work and resubmit when the 90-day window opens up and you will be fine.

Dave

[MacTO 6]

Thanks for the reply. Although I understand what you're saying, I am still confused.

As JimVaPhuong put it in the first pinned topic,

"If USCIS finds out about your divorce then they are compelled to take action to terminate your legal residency. The "condition" of your conditional residency is that you remain married for two years. Strictly speaking, you are no longer eligible to be a conditional resident after the divorce. What they would probably do is send you a notice of intent indicating that they are going to start removal proceedings.

You can avoid this by filing the I-751 as soon as you have the final divorce decree. Once you are divorced,

you don't have to wait

until the 90 day window before your conditional green card expires - you can (and should) file immediately."

Correct me if I understood it wrong, but it sounds like I am 'technically' no longer eligible to be a conditional resident. I got my final divorce decree. And I filed it as soon as I got the decree. It doesn't make sense. Like I said, correct me my understanding is wrong.

A waiver for not being married to the USC does not mean you can file early. You still must wait for the 90 window which you state is in January. Do not panic, you still have a valid GC and will not be deported. As long as you entered the marriage in good faith and then got divorced you can still file for ROC nd the waiver is for not filing jointly with the USC as you are now divorced. Hang onto the paper work and resubmit when the 90-day window opens up and you will be fine.

Dave

[VanessaTony 3,567]

A waiver for not being married to the USC does not mean you can file early. You still must wait for the 90 window which you state is in January. Do not panic, you still have a valid GC and will not be deported. As long as you entered the marriage in good faith and then got divorced you can still file for ROC nd the waiver is for not filing jointly with the USC as you are now divorced. Hang onto the paper work and resubmit when the 90-day window opens up and you will be fine.

Dave

WRONG! WRONG! WRONG! The OP MUST file her ROC asap as she is breaking the terms of her "CONDITIONAL" greencard, the condition being her marriage to a USC, by being divorced. this is quite common knowledge and the OP is correct.

[VanessaTony 3,567]

Thanks for the reply. Although I understand what you're saying, I am still confused.

As JimVaPhuong put it in the first pinned topic,

"If USCIS finds out about your divorce then they are compelled to take action to terminate your legal residency. The "condition" of your conditional residency is that you remain married for two years. Strictly speaking, you are no longer eligible to be a conditional resident after the divorce. What they would probably do is send you a notice of intent indicating that they are going to start removal proceedings.

You can avoid this by filing the I-751 as soon as you have the final divorce decree. Once you are divorced,

you don't have to wait

until the 90 day window before your conditional green card expires - you can (and should) file immediately."

Correct me if I understood it wrong, but it sounds like I am 'technically' no longer eligible to be a conditional resident. I got my final divorce decree. And I filed it as soon as I got the decree. It doesn't make sense. Like I said, correct me my understanding is wrong.

You are correct, the previous poster is wrong. Double check your paperwork. I would resend WITH a copy of the rejection and probably add an extra paragraph to your cover letter stating "My divorce was final as of XXX. I am filing my petition in accordance with the instructions on page 1, Section "When Should I File" option 2, as a divorced LPR which state i may file my I-751 application at any time." I would provide that page and highlight that section.

Sorry you're having trouble. It does happen once in a while that you get a "drone" that doesn't know what they're doing.

[Anh map 2,098]

Did your cover letter give the explanation of what terms/circumstances you were filing under? The intake personnel are just checking the basics on the form. A good cover letter can help those receiving your submission to process it properly.

[MacTO 6]

Thank you so much Vanessa&Tony. I really appreciate it. As anyone would, I double checked all the guidelines and instructions that I found here on VJ to make sure that I make no mistake preparing this and was absolutely positive when I submitted it, thanks to all the information I found here. But it was returned today!!! Oh, my lord... panicked for a good half hour!

Yeah, I just went back and reread the part that you were talking about. Thanks for clearing that up. I will work on it and resubmit it tomorrow. Seriously, not everyone at the USCIS knows what they are doing, I guess.

Once again, thanks so much Vanessa&Tony. Always helpful. Greatly appreciate it. God bless.

You are correct, the previous poster is wrong. Double check your paperwork. I would resend WITH a copy of the rejection and probably add an extra paragraph to your cover letter stating "My divorce was final as of XXX. I am filing my petition in accordance with the instructions on page 1, Section "When Should I File" option 2, as a divorced LPR which state i may file my I-751 application at any time." I would provide that page and highlight that section.

Sorry you're having trouble. It does happen once in a while that you get a "drone" that doesn't know what they're doing.

[MacTO 6]

I think so, Anh map. My cover letter begins (as one of the templates I found here on VJ but I modified a it) like below.

RE: I-751 PETITION TO REMOVE CONDITIONS BY WAY OF A WAIVER OF THE JOINT FILING REQUIREMENT WITH THE US CITIZEN SPOUSE OF STATUS ON:

Name, A#

Dear USCIS examiner:

Enclosed please find a WAIVER OF THE JOINT I-751 petition for removal of conditions of permanent resident status regarding myself so and so. Please also find a check for $590, the fee for this form. My US citizen spouse so and so and I entered the marriage in good faith, but we discovered many differences in personalities during our marriage as much as we fell in love very deeply. We tried to work it out but, to our disappointment, in the end our marriage was terminated in divorce. I am requesting that this petition be accepted for removal of conditions by way of a waiver of the joint filing requirement with so and so on the residence of myself so and so.

Enclosed also please find the following documents to verify that our marital relationship was bona fide:

(followed by the list of evidence)

I think it's pretty clear. But let me know if I can make it clearer. Thanks.

Did your cover letter give the explanation of what terms/circumstances you were filing under? The intake personnel are just checking the basics on the form. A good cover letter can help those receiving your submission to process it properly.

[Nijabound 2]

Hi

It seems like the receiving officer of USCIS overlooked your petition and did not clearly go through the petition very well. The regulation allow the petitioner to file the removal of conditions on his or her permanent residence I-751 immediately the divorce is final. You dont need to wait within the 90days windows to start filing it.

I will advice you to re-submit the petition back again with an explanations why you are re-submitting your petition to USCIS in form of a cover letter clearly showing all the evidences and the supporting documents of your final divorce decree. You can include a copy of the letter they sent you when the returning back your petition when it is properly filed as an evidence of over looking your petition. If they eventually return it back again which i know it wont be possible. Please keep the orignal letter in a safe place incase if anything arises in the future as an evidence of when it was filed. Thats my thoughts for you.

[MacTO 6]

Thanks Nijabound

Hi

It seems like the receiving officer of USCIS overlooked your petition and did not clearly go through the petition very well. The regulation allow the petitioner to file the removal of conditions on his or her permanent residence I-751 immediately the divorce is final. You dont need to wait within the 90days windows to start filing it.

I will advice you to re-submit the petition back again with an explanations why you are re-submitting your petition to USCIS in form of a cover letter clearly showing all the evidences and the supporting documents of your final divorce decree. You can include a copy of the letter they sent you when the returning back your petition when it is properly filed as an evidence of over looking your petition. If they eventually return it back again which i know it wont be possible. Please keep the orignal letter in a safe place incase if anything arises in the future as an evidence of when it was filed. Thats my thoughts for you.