1-751 Sent Back

[Amy Swaby 0]

I received a Notice of Action Form I-797 (8/03/90) Y from USCIS reading

USCIS is returning your 1-751 petition and any relating fees that may have been submitted.

Examination of your immigration record indicates:

____ You have not been admitted or adjusted as a conditional lawful permanent resident. Therefore, it appears that you have submitted a petition type for which you are not eligible to benefit from at this time. You may choose to contact a local Field Office where you reside for further assistance. The Field Office will assist you with the filing of the proper documentation for the immigration benefit that you are seeking.

__x__ Resumbit your 1-752 with correct filing fees, support documents, and a copy of your marriage certificate to the office listed below

The x in the second field leads me to believe that's the only one pertaining to me, however they didn't say which part of that I need or what is it I need when re-filing. I didn't send a copy of my marriage certificate when filing because none of the lists showed it as required documentation. What am I missing? Do I have to wait to call them on monday to find out? Do I need to send more support documents because I literally sent everything I had including 3 signed affidavits. If it was an RFE would they not have asked for specific documents? I'm rather confused at the lack of information.

[Harpa Timsah 13,258]

How much money did you send?

[Amy Swaby 0]

How much money did you send?

$590 as the website states as the total it was addressed to "U.S. Department of Homeland Security" via check

There is something at the bottom that reads to the effect of please make checks or money orders or "Department of Homeland Security" or "U.S. Citizenship and Immigration Services"

Note: Since the reorganization of the INS into three new agencies under the Department of Homelands Security, there has been confused regarding who remittances should be made payable to Unless specified above, your application is not being rejected for incorrect payee information, however to ensure processing of future applications, please make checks and/or money orders payable to (as seen above)

But the notation at the bottom and what i included in the first post is all this form says. I want to resubmit as soon as possible (aka Monday) because my green card expires 1/1/2013

[Harpa Timsah 13,258]

Did you send a copy of your GC front and back? Are all the boxes signed properly?

Sorry, I can't now what you're missing because I don't have your packet in front of me.

[Amy Swaby 0]

Did you send a copy of your GC front and back? Are all the boxes signed properly?

Sorry, I can't now what you're missing because I don't have your packet in front of me.

I sent a printed copy front and back yes as well as the photo page of my passport (with the passport copy do they maybe want the visa pages as well?)

My packet included in its entirety:

A cover letter

Form I-751 w/ additional information page listing all addresses since CR-1 status

Copies of my passport (image page) and green card front and back

3 sworn affidavits

First page of lease agreement showing me and my husbands name on it

Recent photo from a recent work day with husband and his father

Proof of joint bank account

vehicle insurance showing both names as Operators

Copy of 2011 tax returns filed jointly

Am I correct in thinking this is NOT an rfe though?

[Amy Swaby 0]

Scratch that, checked my packet again and I definitely included the cr-1 visa from my passport in the copies supplied.

The only notation on my application was a red line in basis for petition through the OR section as I assume that was to mark that as unrelated as i has selected a from the section before that stating we were filing jointly and my residence was based on marriage to a us. resident. the remarks section has cr1 01/01/11 (my residence since date) and there's a notation next to the or section in blue saying VT2510 but that's it =\

[VanessaTony 3,567]

I sent a printed copy front and back yes as well as the photo page of my passport (with the passport copy do they maybe want the visa pages as well?)

My packet included in its entirety:

A cover letter

Form I-751 w/ additional information page listing all addresses since CR-1 status

Copies of my passport (image page) and green card front and back

3 sworn affidavits

First page of lease agreement showing me and my husbands name on it

Recent photo from a recent work day with husband and his father

Proof of joint bank account

vehicle insurance showing both names as Operators

Copy of 2011 tax returns filed jointly

Am I correct in thinking this is NOT an rfe though?

Yes you're right, it's not an RFE. They have not accepted your package so no extension of status.

Did you sign the form? Did you sign the check?

[Amy Swaby 0]

Yes you're right, it's not an RFE. They have not accepted your package so no extension of status.

Did you sign the form? Did you sign the check?

Yup and yup again it says to send a marriage cert but i see nowhere that thats required for the i-751 so UGH I wish they were clearer with this stupid notice. the cover letter is signed and the i-751 is signed by me and my spouse. Is it because i didn't write none or n/a in certain fields maybe?

[Jason32 5]

While the instructions don't specifically list the marriage certificate it does say "The documents should cover, but not limited to, the following examples:

I would send the marriage certificate. To me only makes sense that if you want to prove there is an ongoing relationship with your spouse, that you would include the marriage certificate as that is evidence of your relationship.

Still it does seem odd that it isn't included in the instructions.

[bigdog 376]

They are asking for a waiver, not the regular ROC. If that is not what you wanted you need to resubmit with the proper documents for a regular ROC.

[Harpa Timsah 13,258]

Did you enter the country on 1/1/11? Recently someone got rejected because they entered in jan of '12 but their card was printed incorrectly as '11. They tried to ROC but they really need to get their card corrected and wait a year.

For your evidence, while it's not the reason for rejection, it seems rather thin. Why no taxes from 2010? The whole lease would be better, and back statements spanning the years of your marriage, not just a single statement attesting to the fact that you have one. Health insurance?

[Amy Swaby 0]

While the instructions don't specifically list the marriage certificate it does say "The documents should cover, but not limited to, the following examples:

I would send the marriage certificate. To me only makes sense that if you want to prove there is an ongoing relationship with your spouse, that you would include the marriage certificate as that is evidence of your relationship.

Still it does seem odd that it isn't included in the instructions.

I'm going to include the marriage certificate when i send the packet back but from what I was told and what the information says you shouldn't have had to resubmit evidence supplied when you first got the green card?

They are asking for a waiver, not the regular ROC. If that is not what you wanted you need to resubmit with the proper documents for a regular ROC.

I'm confused by what you mean, i was married for less than 2 years when i got my original green card and thus i'm submitting the i-751 for ROC now that it's within the 90 days before the 2 year GC is up.

Did you enter the country on 1/1/11? Recently someone got rejected because they entered in jan of '12 but their card was printed incorrectly as '11. They tried to ROC but they really need to get their card corrected and wait a year.

For your evidence, while it's not the reason for rejection, it seems rather thin. Why no taxes from 2010? The whole lease would be better, and back statements spanning the years of your marriage, not just a single statement attesting to the fact that you have one. Health insurance?

I did enter the country in 2011 not 2012 I've been working since february of 2011.

There were no taxes from 2010 because when I was looking over evidence it said the most recent tax year. I'll add what I have but I'm not sure my older documents are still complete. I'll ask the apartment for the entire lease but that's what they gave me the first time when I asked, the first page showing joint residency. We don't keep old bank statements period those are shredded and trashed and I don't have health insurance. And all my spouse has are his benefits from work. We don't have a life insurance policy or anything like that because you know... money.

[Amy Swaby 0]

Also at earliest I can have the packet back together and sent out Monday Dec 10th. The issue there is the temporary green card expires 1/1/2013 what do I do in the meantime while waiting for them to get back to me? My driver's license will also expire that day and I won't be able to re-apply till they get word back, and what about work?

[VanessaTony 3,567]

Also at earliest I can have the packet back together and sent out Monday Dec 10th. The issue there is the temporary green card expires 1/1/2013 what do I do in the meantime while waiting for them to get back to me? My driver's license will also expire that day and I won't be able to re-apply till they get word back, and what about work?

This is one of the issues with filing so "late". Unfortunately until you get that NOA1 you can't do anything. You have no way to prove your status is extended. Just hope they get it back to you asap!

I just had another thought... where did you send it? Maybe you sent it to the wrong office and that's why it's being returned?

[Amy Swaby 0]

This is one of the issues with filing so "late". Unfortunately until you get that NOA1 you can't do anything. You have no way to prove your status is extended. Just hope they get it back to you asap!

I just had another thought... where did you send it? Maybe you sent it to the wrong office and that's why it's being returned?

Dunno I sent it to the office they had listed for georgia (the vermont service center).

I guess I really will have to just call them on Monday and try and see wth is up because I'm just stumped. The NOA didn't even have a receipt number