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Filed: Lift. Cond. (pnd) Country: China
Timeline
Posted

Hi all,

 

I filed my i-751 petition with evidence and check of $595 (it was unclear whether I needed to send the $85 biometric fee as well) on June 6 (signed receipt from USCIS California) and have not heard anything since. No NOA, no RFE, and the check has not been deposited. My GC expired on June 11 (yes, I sent my application very late).

I have to travel overseas in August, so I went to local USCIS with an infopass appointment to get an extension letter. But they confirmed that there was no record of my application in their system. And they were of absolutely no help as to what my next step should be, except "wait and see".

 

I am planning to send a new petition tomorrow, with the evidence again, a check for the form + biometric and explanation (with USPS evidence) for late filing.

 

Is that the right move?

Or should I rather wait and plead with local USCIS closer to my internation departure, with flight itinerary, for an extension letter that it seems unlikely they would provide, if there is still no record of my petition in their system?

Posted (edited)

Suggest that you do not leave the US until you have confirmation that you are still in status. If they didn't receive your I-751 before your expiry, you are technically out of status, and should expect a notice of termination of status for failure to file shortly.

 

Send it again - QUICKLY - and make sure you strongly emphasise that you sent the same paperwork previously prior to expiry of your 2yr card, and enclose the proof of that delivery from USPS.

 

 

EDIT- and yes, you should have sent the biometric fee.

This may be why it was denied, and it may have gone missing en-route back to you.

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. 

 

Posted

Mindthegap is correct. They will always deny a petition and mail it back for having the incorrect fee (unless they make a mistake and take it anyway). The biometrics fee is the money we pay to have our fingerprints and photo taken for the new card.

 

Do not leave the US without the NOA extension letter because you will not be getting back in without it.

ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS. Also some time in May I sent a letter to Potomac telling them I want to withdraw my I-90 since CSC were handling it.

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

October 31st 2018: Potomac sends out a notice stating they have closed out my I-90 per my request. Yay for no duplicate card drama.

Filed: Lift. Cond. (pnd) Country: China
Timeline
Posted

Thanks Mindthegap.

Definitely not exiting the country without an extension letter.

Between USPS send and receive receipts + copy of first check, I believe I have enough evidence that first application was on time. Some boards online argue that the backlog of applicants for i-751 is so long that they are not paying so much attention to late application and that it should be sent anyways.

I'm more concerned about them having 2 forms for the same applicant (albeit with identical content, except for the additional evidence explaining late filing). I hope it will not confuse things and drag the whole process longer.

I specifically stated in my explanation letter that this second application cancelled and replaced my previous application.

 

I hope it will work.

 

Tim.

Filed: Lift. Cond. (pnd) Country: China
Timeline
Posted

Yes Ketsuban,

 

I'm realizing now that I was mislead when reading p2 about the filing fee in the i-751 instruction document. I thought I entered the category of a "US Citizen [or lawful permanent resident] spouse". I thought that worst case scenario they would RFE for the additional fee if a biometric appointment was indeed necessary.

I would think it made sense, however, that they put a note in their system if the application was returned due to wrong fee paid.

 

Fingers crossed for this one now.

 
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