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Mac An Lighiche

Reentry within a year?

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Hi there,

I'm a US resident, conditionals removed last year. I've left the country almost 8 months ago on family emergency. I ended up staying longer than expected. My wife remains in America and has come to visit. I"m in the UK right now and was in two minds about whether to stay or go back. I was in the US for 4 and a half years. After talking with my wife however I'm worried that if we do decide to focus our lives there, I might not be allowed back in or that I might run into issues at customs when heading back. I paid my taxes and everything for this year even though I wasn't in the country.

Any help or advice would be great thanks in advance.

K-1 Visa Process

2011

2/3 Petitioned K-1 Visa I-129F I-134 G-325A x2 E-1145 & supporting evidence + $350 to VT

9/3 Petition Approved

29/6 Case now in the hands of local consulate

28/7 Filed DS-230 DS-156 x2 DS-157 x2 DS-156k DS-2001 & supporting evidence to London

22/8 K-1 Interview scheduled! Setup medical appointment

10/9 Medical examination in London + $350

14/9 Medical results sent to US Embassy London

26/9 Attended K-1 Approval Interview in London

7/10 Passport/Visa!!! BOOKED FLIGHT!


Adjustment of Status

2011

11/7 Vaccination records with I-693 paid $50

11/18 Filed AOS I-458 I-765 I-864 I-864A I-693 G-325A E-1145 & supporting evidence + $1070 to Chicago

12/7 Emailed with case numbers and delivery date for I-797C

12/10 NOA1 Physical copy I-797C for EAD & I-485 received

12/15 Biometrics Appointment letter received appointment scheduled

12/24 RFE for AOS: More tax return information

12/27 IRS Transcripts ordered

2012

1/6 Biometrics appointment in ATL

1/17 Received Transcripts

1/19 Transcripts sent to MO

1/27 RFE accepted, case transferred to CSC

1/30 EAD moved into production

2/6 EAD arrives applied for SSN number

2/13 SSN number arrives

5/16 GC moved into production!

5/22 GC arrived Valid from 5-12-12


Removal of Conditions

2014

22/4 overnighted ROC I-751 + $590

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I doubt you'll have any trouble. A GC holder is allowed to be outside the US for a year. You have a good reason for being out and you were firmly established in the US before that. Good luck.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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You should have no issues as it has been less than 12 months outside the country, especially as you have maintained ties to the US.

If becoming a US citizen was on your radar, just be aware that as you have a period exceeding six months outside the US, your naturalization clock has been reset.

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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You should have no issues as it has been less than 12 months outside the country, especially as you have maintained ties to the US.

If becoming a US citizen was on your radar, just be aware that as you have a period exceeding six months outside the US, your naturalization clock has been reset.

I didn't know this... I thought it was just a total allowable time outside the US during the 3 yrs (i.e. Less than half). Not planning on spending 6 mo away, but does that actually reset the clock? Does that only apply to 3yr petitioners, or all?

 

Is your timeline updated?


Oath Ceremony Dec 14th, 2018 I am finally a citizen and done with USCIS for good!

 

 

IR-1/CR-1 Visa:                            

Marriage: 2013-08-05                                   I-130 Sent: 2013-10-07                                                 I-130 NOA1: 2013-10-09                               

I-130 transferred to VSC: 2014-03-12        I-130 NOA2: 2014-03-24                                              NVC Received: 2014-04-07 

Case Number and IIN: 2014-05-05             Sent ENROLL email for EP: 2014-05-06                    Gave email addresses to NVC: 2014-05-08             

DS261 submitted: 2014-05-09                    AOS invoiced and paid: 2014-05-12                           DS261 re-submitted - GRRRR! 2014-05-21               

ENROLL conf. email: 2014-06-05               Submitted AOS documents:2014-06-08                    IV fee email received: 2014-06-23 

IV fee available and paid: 2014-06-24       DS260  submitted: 2014-06-26                                   Case Complete: 2014-07-31                                       

Interview: 2014-09-19 APPROVED!!!          Visa in Hand: 2014-09-24 (Loomis depot)                POE (Pac Hwy Crossing, BC) 2014-11-08 

SSN Card arrived (approx) 2014-11-26     Green Card arrived (approx) 2014-12-17 

Removal of Conditions - I-751:

I-751 Mailed (USPS) Aug 10, 2016             NOA: August 17, 2016 (received Aug 23)                  Biometrics Letter Sent: Sept 23, 2016

Biometrics Letter Rec'd: Sept 30, 2016     Walk-In Biometrics Oct 6, 2016                                    Infopass for I-551 stamp Aug 17, 2017   

Service Request: Dec 27, 2017                   SR Response: Jan 10, 2018 (no prediction)              Senator Inquiry: Jan 5, 2018

Senator Resp: Jan 8, 2018 (60 days)         Service Request 2: Mar 8 2018                                   Senator Inquiry 2: Mar 9 2018

SR 2 Response: Mar 12 (security checks) Senator Response 2: Mar 13, 2018                            Approval (via phone!): Mar 14, 2018

New Green Card Arrived: Mar 22, 2018

Naturalization - N-400: 

Submitted N-400 Online: Feb 4, 2018       Denied for Payment Failure: Feb 8, 2018                     Resubmitted N-400 Online Feb 8, 2018

NOA: Feb 8, 2018                                          Biometrics: Feb 26, 2018                                                Interview: Nov 2,2018 (approved)

Oath: Dec 14, 2018

 

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All good responses thank you sorry for my late reply. Well, I could you explain my rights to me a little, it's like my biggest fear being stopped at customs and treated like a liar. I have nothing to hide but my leaving date was January 11, I had a return flight for May but I over stayed because my cousin had leukemia and he was only 18. Since it's September now, I have until Jan 11 before it's a year again. I just don't know if I should leave it much longer, if I flew back in December would I have trouble? I brought savings with me but they are running out and I can make some money between now and then to take back with me. Is this acceptable? Or am I pushing it, should I leave now?

K-1 Visa Process

2011

2/3 Petitioned K-1 Visa I-129F I-134 G-325A x2 E-1145 & supporting evidence + $350 to VT

9/3 Petition Approved

29/6 Case now in the hands of local consulate

28/7 Filed DS-230 DS-156 x2 DS-157 x2 DS-156k DS-2001 & supporting evidence to London

22/8 K-1 Interview scheduled! Setup medical appointment

10/9 Medical examination in London + $350

14/9 Medical results sent to US Embassy London

26/9 Attended K-1 Approval Interview in London

7/10 Passport/Visa!!! BOOKED FLIGHT!


Adjustment of Status

2011

11/7 Vaccination records with I-693 paid $50

11/18 Filed AOS I-458 I-765 I-864 I-864A I-693 G-325A E-1145 & supporting evidence + $1070 to Chicago

12/7 Emailed with case numbers and delivery date for I-797C

12/10 NOA1 Physical copy I-797C for EAD & I-485 received

12/15 Biometrics Appointment letter received appointment scheduled

12/24 RFE for AOS: More tax return information

12/27 IRS Transcripts ordered

2012

1/6 Biometrics appointment in ATL

1/17 Received Transcripts

1/19 Transcripts sent to MO

1/27 RFE accepted, case transferred to CSC

1/30 EAD moved into production

2/6 EAD arrives applied for SSN number

2/13 SSN number arrives

5/16 GC moved into production!

5/22 GC arrived Valid from 5-12-12


Removal of Conditions

2014

22/4 overnighted ROC I-751 + $590

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