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Posted (edited)

i am about filing for i751 based on marriage for the past three years

guys this have been up and down the hill of a journey

our story begins in a small apartment low income struggling to even keep a shared bank account open

we have some open and closed on and off that we have shared 

and each one of us had a personal account as well.

 

during that time we were using alot of cash gathered from my mom

through 2013 mid 2015 our relationship was good but due to the financial struggling were not the greatest 

mid 2015 we could not even afford our place and had to move to the downstairs brother inlaw apartment were we stayed for a year and a half

around october i got a new business going and things going great thank god we moved to a new place 

having bills under her name some under mine 

we do have policy insurance together

and shared title on a car

our taxs throughout the year came to me as a surprise

as i just found out she was filing as head of house hold

also during gathering documents for our file i have found some fraudulent credit cards she opened under my name without my knowledge

and here is the best one yet i have found out she was pregnant with another guy and recently had an abortion ( i have found out this looking through our mail which was hidden at the house )

finding many medical bills and insurance claims that were not granted.

looking back at our marriage i feel like a fool and being used by her pretty much for my identity and benefits she could claim...

 

with that been said due to the situation my documentation for the i751 is pretty limited and as follow

 

- Lease 2013-2015 

- peco bills 2014-2015 under my name

- verizon bills 2014-2015 under my name

- rest utilities paid by the apartment complex so we have nothing else

- few opened and closed shared bank account with not much activity but in both our names

- my tax return 14.15.16 married filing separately , her tax return 14-15-16 - head of house hold ( she dident even put me in her tax return ) 

- w2 some of her w2 shows married status

- water bills under her name in new house DEC 2016-current

- peco under her name in new house DEC 2016-current

- directv under my name in new house April 2016-current

- ids of both of us showing our address

- joint insurance car and renters insurance for the new place

- joint car title 

- dog adoption papers

- shared pictures with step daughter who also lives with us throughout the years 

- brother inlaw affidavit stating we lived with him from july 2015 through dec 2016

 

i am freaking out both in my overall life situation and my upcoming i751

 

now keep in mind i am thinking of separating but my i751 is due in a month as my temp GC is about to expire

even if i am separating at the moment a divorce decree in the state i live in would take 5-6 months to finalize if everything goes smooth 

 

your input and advice is much appreciated

 

 

 

time line

3/10/14- Got married
05/01/14-Sent package(i-765,i-485,i-130) to Chicago lockbox
5/23/14-Got email & text message saying application received
6/30/14- Received Biometrics date for 7/8/14
7//08/14-Biometrics completed at local office
08/31/14- EAD Card Production
10/21/14-i485 Status changed to "Testing and Interview"
10/24/14-EAD card mailed
10/26/14-Interview Scheduled for December 1st
10/28/14-EAD in hand :dancing:
02/01/15-Interview!
06/22/15-I130 Approved! and got GC IN the mail
07/1/15-Changed address. Online system updated to state change of address. - brother in-law 
12/1/16-Changed address. Online system updated to state change of address. current address
 

 

Edited by danbut
Posted

1) calm down

2) repeat 1)

3) you can file I-751 solo with a divorce waiver while in the process of divorce (without it being final) or when it is final. 

4) you can also file joint and then convert to a solo divorce waiver should divorce proceedings commence afterwards before ROC finished.

5) Processing times are slow. Unlikely that the ROC would be completed in 5-6 months.

6) You can't provide documents that don't exist. Concentrate on what you do have (or can get) that will help you. Divorce waivers still have to provide evidence of bona-fide-ness

7) USCIS has seen it all before. You won't be denied because a marriage has broken down. They don't care.

8) Calm down.

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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