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Posted

Hi guys

So i do not have much evidence in my case due to the circumstances. I am filing ROC with waiver, spouse deceased. They have sent RFE and i forwarded whatever documents i could gather but when i called they told me that they are waiting to set me up for an interview and  i should receive letter from them with the date soon. I have few questions.

 

1. Do i need a lawyer at this stage? oR should i wait for the interview to be completed first? Has anyone gone through similar situation? if anyone could share their ideas thank you.

 

2. My extension letter will expire in few days. Do i need to make infopass and get stamp in my passport before i get the interview date Or should i just wait for the interview date and no need to get stamp now?

 

please advise.Thanks.

 

Posted (edited)
13 minutes ago, Avia said:

1. Do i need a lawyer at this stage? oR should i wait for the interview to be completed first? 

If you think you do, yes. 

 

13 minutes ago, Avia said:

Do i need to make infopass and get stamp in my passport before i get the interview date Or should i just wait for the interview date and no need to get stamp now?

If you need proof of status (for travel, license renewal etc), and fancy enduring another visit to USCIS, then get a stamp. If not, then don't.

There is no legal requirement to get one after expiry of the initial 1year extension, so it is purely down to whether whether you need to.

Note that your 1year extension runs 1year from the date of expiry on your 2year card - and not 1year from the date on your extension letter.

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. 

 

Filed: Citizen (apr) Country: Canada
Timeline
Posted (edited)

If you use a lawyer---be aware that the lawyer can't actually speak or answer any questions on your behalf.  They can only sit there silently for moral support (unless the IO asks you a question that is illegal for them to ask, which is unlikely).

 

So...yeah...you're paying them a lot of money to basically sit there and do nothing.  Not saying you can't decide to bring a lawyer if you wish, just wanted to make you aware they can't actually take part in the interview in any way.

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

Posted
12 hours ago, mindthegap said:

A bit like USCIS then :jest:

Sorry I know the OP is asking a valid question, but isn't that the truth, couldn't stop laughing, so much so I spluttered out my cup of tea! :)

 

Removal of Conditions..  TICK TOCK, TICK TOCK

 

Time to reset the tick tock clock again.   Roll my eyes.

 

GC  Conditional date:  05/26/2015

N400.  Application:      02/28/2018       

Biometrics:                    02/22/2018

 

Waiting............    Roll my eyes again :(

 

USA citizen as of 25th of July 2018. :)

Posted
14 hours ago, Avia said:

Hi guys

So i do not have much evidence in my case due to the circumstances. I am filing ROC with waiver, spouse deceased. They have sent RFE and i forwarded whatever documents i could gather but when i called they told me that they are waiting to set me up for an interview and  i should receive letter from them with the date soon. I have few questions.

 

1. Do i need a lawyer at this stage? oR should i wait for the interview to be completed first? Has anyone gone through similar situation? if anyone could share their ideas thank you.

 

2. My extension letter will expire in few days. Do i need to make infopass and get stamp in my passport before i get the interview date Or should i just wait for the interview date and no need to get stamp now?

 

please advise.Thanks.

 

I believe its utterly normal to be called for interview when a spouse has died. Sorry for your loss. I don't feel you need a lawyer, unless you feel you have not submitted enough evidence? I don't know what evidence they needed for the rfe.  It's hard enough to lose your spouse without an interview, but the interviews don't seem to be as bad as they may sometimes be portrayed.

Just gather as much evidence as possible regarding your marriage, your partners death etc. I am not sure if you can take a friend with you to the interview for moral support, perhaps someone else on the forum will know.

 

I do know there was one person on the forum in your predicament, they lost their spouse and were sent for interview. They post often on here, so they might be able to enlighten you a bit more.  Please don't worry and I wouldn't personally hire a lawyer myself unless the case is complicated. Good luck and let us know when you get your 10 year card.

Removal of Conditions..  TICK TOCK, TICK TOCK

 

Time to reset the tick tock clock again.   Roll my eyes.

 

GC  Conditional date:  05/26/2015

N400.  Application:      02/28/2018       

Biometrics:                    02/22/2018

 

Waiting............    Roll my eyes again :(

 

USA citizen as of 25th of July 2018. :)

Filed: Citizen (apr) Country: Canada
Timeline
Posted
3 hours ago, shell20 said:

I believe its utterly normal to be called for interview when a spouse has died. Sorry for your loss. I don't feel you need a lawyer, unless you feel you have not submitted enough evidence? I don't know what evidence they needed for the rfe.  It's hard enough to lose your spouse without an interview, but the interviews don't seem to be as bad as they may sometimes be portrayed.

Just gather as much evidence as possible regarding your marriage, your partners death etc. I am not sure if you can take a friend with you to the interview for moral support, perhaps someone else on the forum will know.

 

I do know there was one person on the forum in your predicament, they lost their spouse and were sent for interview. They post often on here, so they might be able to enlighten you a bit more.  Please don't worry and I wouldn't personally hire a lawyer myself unless the case is complicated. Good luck and let us know when you get your 10 year card.

She can take a friend with her but they'll have to sit in the waiting room---they won't be allowed inside the actual interview room.

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

 
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