I-751 April 2018 Filers

[Anggva 22]

16 hours ago, jackiewackie said:

 

Yeah, I don't have that kind of blind trust/faith in the Government or the administration. The whole purpose of it is to curb immigration (both illegal, AND legal). What makes you think they will be fair or just? It just gives them more leeway and unchecked allowances to reject visas as and when they feel like. Also, surely the result of a small mistake shouldn't be deportation?  Last I checked, I was applying for residency in the States (you know, like a first world country), not North Korea. The application process is already complicated to begin with. Considering that the USCIS has NEVER been organized, what if THEY overlooked some papers/applications on their end? They'd be NO way for recourse on our end. This is in no way good news, nor will it make things more efficient. This just gets rid of checks and balances, which is not a good thing. 

I agree with you. We send them stacks of paperwork and there's a lot of room for human error. In addition to that, supporting evidence for I-751 is defined pretty loosely in the guidelines and it's up to whoever processes it at USCIS to decide whether or not it's enough evidence. So I don't want to be deported because somebody missed something or decided that I sent too few pictures. This change will punish legal immigrants for USCIS's errors and neglect.

[LinJoe 117]

I'm confused, the new adjudication process seems to be for visas, we are all under green card process. Am I reading the article wrong? I also read the actual memo that was released and i don't see it in there either.

i'm trying not to freak out about it but i don't see anything about the new process being for removal of conditions.

Edited July 18, 2018 by LinJoe

[jackiewackie 23]

3 hours ago, Anggva said:

I agree with you. We send them stacks of paperwork and there's a lot of room for human error. In addition to that, supporting evidence for I-751 is defined pretty loosely in the guidelines and it's up to whoever processes it at USCIS to decide whether or not it's enough evidence. So I don't want to be deported because somebody missed something or decided that I sent too few pictures. This change will punish legal immigrants for USCIS's errors and neglect.

Exactly my worry. We've seen cases on here where people filed in late due to so many circumstances (sick baby, parent..etc..), I can't imagine how diligent you'd be compiling paper work while dealing with other pressing things. Not everyone can afford a lawyer. Again, not against stringent rules, but I think being informed of a reason or being given a chance to refute a dismissal is important. The application is a complicated process, and there'll be lots of errors on both the applicant and on the USCIS side. It'll be unfortunate if the outcome of that is deportation. 

[jackiewackie 23]

23 hours ago, ParabolaEulogy said:

Same problem here: no news about biometrics and got NOA before yours. Called USCIS and they don't provide any clear reply ...anyone else can clue us in?

Got an infopass appointment today. The guy who was helping me said that for  I751 applicants, many don't receive a biometrics letter at all as they tend to just use the previous ones. I asked if I could still do one as we will be travelling for a couple of months and that I didn't want to come back halfway should I get a biometrics appointment. He said I could try. They referred me to an officer and he created and printed out a biometrics appointment letter for me, and I did it 5 minutes later. Helps that it was surprisingly quiet today. I also managed to get a stamp for a year. He didn't take my NOA nor my Green card, just listened to my explanation (travelling + woman at SS office did not let me update my SS without stamp), completed a bunch of paper work, and handed me my passport back with the stamp.  Brought my passport, Green card, Drivers license, appointment letter, receipt, to the appointment.

Edited July 18, 2018 by jackiewackie

[Will & Malou 0]

I am in the same scenario.  I will try and make an appointment..thanks for the information and congrats

[Pkr 21]

9 hours ago, LinJoe said:

I'm confused, the new adjudication process seems to be for visas, we are all under green card process. Am I reading the article wrong? I also read the actual memo that was released and i don't see it in there either.

i'm trying not to freak out about it but i don't see anything about the new process being for removal of conditions.

We are not visa applicants . We fall under green card category filing to remove conditions on a green card and hence not sure why this should be applicable to us

[LinJoe 117]

7 minutes ago, Pkr said:

We are not visa applicants . We fall under green card category filing to remove conditions on a green card and hence not sure why this should be applicable to us

Which is why I was confused. I saw others talking about it on this thread as if it was applicable to us. 

[Ash.1101 1,756]

On 7/17/2018 at 6:30 PM, jackiewackie said:

https://www.uscis.gov/news/news-releases/uscis-updates-policy-guidance-certain-requests-evidence-and-notices-intent-deny

 

I'm now a little worried about what they mean by little supporting evidence. Our lives barely changed after getting married (We were already living together for 2 years before getting married, had joint accounts but lazily used) and so sent in a lot of repeated information. The only thing that changed was that we got a car & car loan together, another cat, and a bunch of travel tickets and pictures and weddings that we had attended. Obviously all sent in, but it can certainly look minimal under someone's who's looking for mortgage, children, insurance change..etc..

The notice also states that this only applies to applications received AFTER Sept 11th 2018.

Also this is important:

 

Quote

If all required initial evidence is not submitted with the benefit request, USCIS, in its discretion, may deny the benefit request for failure to establish eligibility based on lack of required initial evidence. Examples of filings that may be denied without sending an RFE or NOID include, but are not limited to:   
 

• Waiver applications submitted with  little to no supporting evidence; or
• Cases where the regulations, the statute, or form instructions require the submission of an official document or other form of evidence establishing eligibility at the time of filing and there is no such submission. For example, an Affidavit of Support (Form I-864), if required, was not submitted with an Application to Register Permanent Residence or Adjust Status (Form I-485)

So I agree that they are trying to weed out those who are not serious. Not everyone has a bunch of babies or does a bunch of stuff. Shoot, we made our bank account joint 3 months PRIOR to marriage. While we do have a lot of proof, we only have it because we were lucky to both get good jobs that provide insurance, 401k, and investments.

The key words here are INITIAL evidence. If you sent a complete package, and they felt they needed more relationship proof, then that would be a request for more evidence, but not initial evidence. I don't believe they would deny it based off wanting more proof, as you met the basic proof requirements.



And note, while I see things that mention visas. One of their examples of an application that would get denied, would be AOSing. I don't see anything that says it's strictly visas, but it does say "This updated guidance is effective September 11, 2018 and applies to all applications, petitions, and requests received after the effective date"

It also states " This memorandum applies to, and shall be used, to guide determinations by all U.S. Citizenship and Immigration Services (USCIS) employees." this would include the people touching our papers.

Edited July 19, 2018 by Ash.1101

[jeffenburg 9]

It seems to me the reason for biometrics taking so long is that they are aware how long the whole process is taking, so there is no point in us doing bio now as the results could be expired by the time the application is approved.

 

Also, as someone mentioned above, maybe they are just using previous biometrics for i-751. I've certainly had my fingerprints taken more than ever in the last couple of years...

[sharin 41]

I honestly don't trust this administration who can just deny anyone because of their own error. I personally experienced this recently - sent my application and they sent me NOA with misspelled last name; I informed USCIS - only to get 2nd NOA with correct last name but misspelled middle name (which was spelled correctly in original NOA). 

 

Come on - it is not rocket science; specially someone informed you to correct name - how can you repeat mistake again. I know this is small thing - but such things can mess up someone's life who is following rules and regulations considering how stricter USCIS and immigration laws are coming ahead. 

[jackiewackie 23]

On 7/18/2018 at 5:58 PM, Ash.1101 said:

that provide insurance, 401k, and investments.

Yikes. Apart from insurance (we both just took the insurance provided by our jobs), how do the 401K and investments prove a bona fide marriage? I don't think we are on each other's account for these. Oh well. 

On 7/18/2018 at 5:58 PM, Ash.1101 said:

The key words here are INITIAL evidence. If you sent a complete package, and they felt they needed more relationship proof, then that would be a request for more evidence, but not initial evidence. I don't believe they would deny it based off wanting more proof, as you met the basic proof requirements.

It still leaves room for discretion as to what counts as basic proof requirements. I would assume that filing taxes jointly counts as a basic proof requirement, but not all couples file jointly. Depending on both of your incomes, it might actually be beneficial to file separately, which was something that we were initially thinking about doing. 

 

Overall, personally, I'm not too worried about it. We will have more evidence to send this year if they do require as there'll be a bunch of changes to our lives this year. If the purpose is to penalize those that send placeholder applications, I get it. I just wouldn't be surprised if there'll be those (who are negligent/not careful) that will be dragged along as well. 

 

On 7/18/2018 at 5:58 PM, Ash.1101 said:

It also states " This memorandum applies to, and shall be used, to guide determinations by all U.S. Citizenship and Immigration Services (USCIS) employees." this would include the people touching our papers

How would this work in practice? I get that they'll be following the guidelines provided by the USCIS, so ideally it will reduce the subjectivity by each employee, but how would this ensure there's no human error on their end? Like if they miss/lose an important document on their end.etc. 

[Ash.1101 1,756]

21 minutes ago, jackiewackie said:

Yikes. Apart from insurance (we both just took the insurance provided by our jobs), how do the 401K and investments prove a bona fide marriage? I don't think we are on each other's account for these. Oh well. 

It still leaves room for discretion as to what counts as basic proof requirements. I would assume that filing taxes jointly counts as a basic proof requirement, but not all couples file jointly. Depending on both of your incomes, it might actually be beneficial to file separately, which was something that we were initially thinking about doing. 

 

Overall, personally, I'm not too worried about it. We will have more evidence to send this year if they do require as there'll be a bunch of changes to our lives this year. If the purpose is to penalize those that send placeholder applications, I get it. I just wouldn't be surprised if there'll be those (who are negligent/not careful) that will be dragged along as well. 

 

How would this work in practice? I get that they'll be following the guidelines provided by the USCIS, so ideally it will reduce the subjectivity by each employee, but how would this ensure there's no human error on their end? Like if they miss/lose an important document on their end.etc. 

The company we work for actually requires a beneficary to be set up when setting up the 401k and investment accounts. So we're each others beneficiary which proves financial commingling which is what they weigh heavily for bona fide marriage.


With that said, I don't think any one could ever ensure no human error on any end. 

[jackiewackie 23]

 

6 minutes ago, Ash.1101 said:

With that said, I don't think any one could ever ensure no human error on any end. 

Which is why I think it would be good practice to allow the applicant to dispute a dismissal and the reason for dismissal. 

[Kiersha 0]

Im new here to share my experience.especially to same my case can help to you guiz.. quitely read here.I apply ROC April 25,they in cashed my money June 4,I decided to  wait my NOA until July 5.Still nothing hear from them.Then i decided to call USCIS he give me my case number.My green card will be expire on July 15.Im thinking i cant infopass without proof my case on processing.The guy said to me its ok without any letter from USCIS.So i do infopass appointment.Today is my infopass appointment.I go to my near  uscis can stamp my passport.The uscis officer ask to me an receipt etc.I said nothing can show you a proof only case number i know that give to uscis.I call them they said its ok no letter from them  to stamp my passport  already expire.The uscis officer said I can do for now.I can i will give your a receipt.A biometric appointment near to your address.And i can schedule you to infopass here to stamp your passport.Because you need that to do first biometric before i stamp your passport.And you need to request to uscis to give you a extension letter.And after that.The officer ask me if today i can go and what time i want.i say yes i can do now.i give him what i want time.And he ask me again if on friday i can comeback to infopass.He schedule me tuesday to stamp my passport.i choose 3pm because i will take a lunch and i dont know that address for biometric so  i need to search.I do first search the address.my plan is to search and after found that place i will take a lunch.when i already found the address. I go inside there application uscis center.the guy assist and the one girl i thougth she will only get my information. I said i want only to see what should i do but my biometric appointment 3pm he said its fine you can biometric now its not busy and  the girl said  it takes only 5 minutes and that girl also get my photos and finger prints.For those people still no NOA,biometric, just go to infopass.they can give you a receipt,can biometric appointment,and they can also do appointment you to infopass. Only you need to do is to request for extension letter to another proof for travel or your gc on process.

Edited July 23, 2018 by Kiersha
Wrong spell

[jackiewackie 23]

16 hours ago, Kiersha said:

ust go to infopass.they can give you a receipt,can biometric appointment,and they can also do appointment you to infopass. Only you need to do is to request for extension letter to another proof for travel or your gc on process.

They give you a receipt, as in, the NOA? How do they verify that you've sent the I751?