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mindthegap

i-130 & deed poll

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Hello all

Long time lurker - first post, so be gentle :hehe:

About to send off our i-130 (wife USC, I am british and we are doing it via DCF in London as she is dual citizen and has been living here for years).

No problems with most of it, just one niggling question regarding something on the order of documents/checklist, as follows;

Listed on the order of documents list-

Statutory declaration of 1835 for name change in UK or Court Order for petitioner and beneficiary (if applicable)

and on the DCF checklist provided by the embassy-

Record of Name Change: If either you or the

person you are filing for is using a name other than

that shown on the relevant documents, you must

provide legal documents that effected the change;

e.g, marriage certificate, adoption decree, court

order or within the UK, a Statutory Declaration

which has been executed Record of Name Change: If either you or the

person you are filing for is using a name other than

that shown on the relevant documents, you must

provide legal documents that effected the change;

e.g, marriage certificate, adoption decree, court

order or within the UK, a Statutory Declaration

which has been executed under the Statutory

Declarations Act of 1835.

Now, I changed my name by deed poll before we were married.

The first thing I did was get a new passport & drivers licence, so it is fully legal & documented, done and dusted. My question is, do we have to include my deed poll (witnessed by a solicitor at the time) or a statutory declaration regarding my name change- as my old name is listed in box 7 (other names used) or should we not bother?

We don't want to over complicate things by including something that may not be needed or relevant, but nor do we want any unnecessary delays by not including something that is needed! The wording on the checklist mentions using names that don't match on the relevant documents, whereas my name does match my passport and isn't just an assumed name.

My wifes surname change is documented on our marriage documentation and she has changed her passports too, so no worries about that- my question purely concerns me!

Any opinions welcomed.

Thanks in advance!

Edited by mindthegap

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

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Filed: Lift. Cond. (apr) Country: China
Timeline

Moved from IR-1/CR-1 Process & Procedures to DCF Discussion; OP's spouse filed petition at overseas field office.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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I would include it simply because this whole process is very bureaucratic and it seems to me that crossing all the Ts and dotting all the Is is the best policy. We have not even submitted our I130s yet but we are making sure we are gathering every scrap of documentation that might be relevant.

Married a US/UK dual national in 1996 and had four children together.
Immigration Timeline: I130 Approval November 2012; Interview July 2013; Immigration October 2013. (Note, however, that we chose to stall the process for personal scheduling reasons)
As a family of six, we relocated from Argyll in Scotland to Pennsylvania in October 2013. 

I applied for Citizenship in October 2017 and am currently waiting for an Interview date.

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I would say to include it too. Only a photocopy though and take the original to the interview.

CR-1
07-01-2011 : Married

05-10-2012 : I-130 Mailed to London (DCF)
05-11-2012 : I-130 Delivered and signed for at Embassy
05-18-2012 : NOA1 Email
07-26-2012 : NOA2 (69 days)
07-28-2012 : NOA2 hard copy received
08-10-2012 : LND Case number received. Letter dated 08-07-2012
08-15-2012 : DS-230 and DS-2001 mailed to Embassy
08-23-2012 : Medical
09-14-2012 : Emailed Embassy and confirmed DS forms have finally been logged (After 29 days)
09-22-2012 : Interview letter received. Dated September 19th.
10-03-2012 : Interview - Approved!
NOA1 to Interview - 138 days.
10-10-2012 : Passport with Visa delivered two hours late at 8pm.
10-22-2012 : POE Philadelphia
11-15-2012 : Green Card received in mail
12-11-2012 : Went to the Social Security office to apply for SSN after it did not arrive.
12-15-2012 : SSN Arrived in 4 days.

05-09-2013 : Left USC Husband.
11-28-2013: Filed for divorce.

05-01-2014: Divorced

05-08-2014: Sent I-751 petition to VSC

05-13-2014: NOA1 (was not postmarked until 5/22/14 and received on 5/24/14)
06-18-2014: Biometrics in St. Albans, VT

11-21-2014: RFE. Received on 11/24/14.

01-22-2015: Interview notice mailed out. Received 1/26/15

02-12-2015: Interview in St Albans, VT - Approved during interview!

CRBA
08-16-2012 : CRBA in London for our daughter - Approved!
09-11-2012 : CRBA and Passport arrived.
09-25-2012 : SSN Arrived. Mailed from MD on 09-17-2012

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