I 751 With Waiver Application Update

[BrokenWings 8]

20 hours ago, kris.n said:

Following this thread. As fate would have it, shortly after I was approved for my green card trouble started and eventually it all fell apart. My marriage was as real as the marriage of two scared people whose only wish was to be able to be together can be. We had a joint bank account but in terms of assets that was pretty much it.

I am confused as to how these cases get assessed - I know I have nothing to hide and that it was a marriage in good faith, but at the same time I feel like I lack the "proof" that is required. My husband and I split up on good terms as we have always been very good about communicating with each other and as soon as things started getting crazier than ever, it was clear that there was no way to save it - we've been through a lot and we've forgiven each other a lot, but not this time. So, we did not go to see a marriage counselor as our relationship and respect for one another has always been the most important thing and it was pretty clear we were losing that and no one felt like they should or could compromise any longer.

I'm not sure what type of proof could support any of that. I am still so lost as to what I need to gather and any advice or help or guidance from anyone going through this process would be greatly appreciated. I wish you guys the best and will hope that you'll keep us updated.
 

Hi -- I will DM you some tips if those can help. I went through similar road but fortunately I had some evidences as they look for bonafide marriage. But no kid/s or no home together. Other than that we mostly had everything. if you can shoot me a DM with a little details of your case I may try to give you some tips and choices which were advised for my case. But also remember-- all cases are different!

[BrokenWings 8]

On 9/28/2018 at 7:39 PM, BrokenWings said:

hey Folks -- Just 2 updates--

I received one NOA saying 12 months extension of Conditional Green Card.
In August -- I mean last month I received another NOA saying 18 months extension instead 12 months due to longer time USICS is taking for assessing files. 

No bio metrics paper or notice so far. Thats all update I have. 

Latest updates-

No Biometrics paper yet; lawyer office said it is USCIS discretion if they need Biometrics or not. Is that true?

Secondly, lawyer office said they will ask me to go their office one week before if interview letter comes. They will provide tips and advices how to appear and attend interview. But they also said: I have to pay more to take one of their attorney. I already paid them $3000. Is that just to fill out the application and organize my documents and just to courier? Do I really need a lawyer with me at Interview?

Lawyer office said it may take 18-24 months for ROC with waiver. Any feedback regarding this?

Please feel free to advice me if anyone had walked similar path like me. A lot gratitudes and thanks to all whoever poured inputs so far. 

[BrokenWings 8]

On 10/20/2018 at 12:02 PM, BrokenWings said:

Latest updates-

No Biometrics paper yet; lawyer office said it is USCIS discretion if they need Biometrics or not. Is that true?

Secondly, lawyer office said they will ask me to go their office one week before if interview letter comes. They will provide tips and advices how to appear and attend interview. But they also said: I have to pay more to take one of their attorney. I already paid them $3000. Is that just to fill out the application and organize my documents and just to courier? Do I really need a lawyer with me at Interview?

Lawyer office said it may take 18-24 months for ROC with waiver. Any feedback regarding this?

Please feel free to advice me if anyone had walked similar path like me. A lot gratitudes and thanks to all whoever poured inputs so far. 

Hello Folks--

Just an update- I did not receive any biometrics appointment letter yet! I filed in later April 2018 and its almost 8 months. My ROC (with good faith waiver due to divorce) file went to California service center. Any one is experiencing same?
I talked to my lawyer's paralegal and she said - It is USCIS discretion whom to send for Biometrics or whom not! I thought Bio metrics was mandatory for all removing condition cases. 
Does any of you have any experience regarding the time frame of California Service center? Usually how long it takes for final decision?

Thanks in advance. 

[BrokenWings 8]

On 4/29/2018 at 10:27 PM, BrokenWings said:

As I said before: I will keep my timeline continuously updated so that some of you can be helped. I sent out my I 751 package with Divorce waiver (Good Faith Marriage) on last Friday. Even though I hired one of most prominent lawyer of state of Texas, I suggest not to hire lawyer if you are confident and you know what was inside your marriage. My lawyer and his office did nothing but just fill the form and organize a cover letter; that 100 bucks max job cost me $2,500 unfortunately. Any way -- Here are summary:
 

Cover letter stating the materials inside, Copy of I 485 approval and Marriage certificate, My affidavit, copy of divorce decree;

Copy of Marriage counseling as proof of attempts to save marriage, 1 letter from marriage counselor, emails and text correspondence as proof of attempts to save marriage, letter copy sent to Ex in Law family;

Copy of evidences of Bonafide marriages- Joint Apt Lease, Joint utility bills (light and water), Joint 4 cars, Joint vehicle insurance, Joint 2 bank a/c, Joint 2 years tax return copy and transcripts, 12-15 pictures jointly and also with friends and family, Joint cell phone plan with Ex-law family, 3 sworn affidavits from friends and family (Nothing from Ex-Wife or from her family), ex-wife's employer provided spouse card, some joint purchases, I 94 of mine as a proof of visiting my ex-in law family and travel with ex-wife, Copy of Pet (3 dogs) papers. 

One big proof- MY RESPONSE TO HER DIVORCE NOTICE THAT SAYS ABOUT ALL DETAILS BETWEEN US! 

Some proofs of why we continuously had issues and arguments;

That's all I sent. I will keep update in this post about Bio metrics and all later details. Please keep me in pray and stay blessed. 

An important note for all filers on or after September 11, 2018:

As per a new ordinance USCIS Adjudicators have Rights and Power to deny an application without any RFE or NOID. This step has taken to expedite the processing time, also to reduce the files which have no valid ground, incomplete file, lack of ground to apply and lack of evidences to support application. 

So the new filers must be very careful when preparing their application packages. Remember- that applies to filers on or after 09/11/2018. Filers before that time should be okay i think regarding RFE or NOID. 

 

[indianshah 4]

Has anyone received an update ? I filed jointly in Nov 2017 and requested a waiver in Nov 2018.

[Krusty Immigrant 1]

Hello Brokenwings, thank you for this post, your documentation of the time line is great. I files the same 751 with a waiver... I haven't received the biometrics. Just received the notice of action with the 18 months extension... I have been reading the Filers from August 2018 and looks like they are starting to have their decisions done. 

 

 

Looks like we will be waiting until next year to know about our cases. 

 

Good luck 

[BrokenWings 8]

On 12/28/2018 at 5:46 PM, Krusty Immigrant said:

Hello Brokenwings, thank you for this post, your documentation of the time line is great. I files the same 751 with a waiver... I haven't received the biometrics. Just received the notice of action with the 18 months extension... I have been reading the Filers from August 2018 and looks like they are starting to have their decisions done. 

 

 

Looks like we will be waiting until next year to know about our cases. 

 

Good luck 

 

August 2018 filers getting decisions? 

I filed April 2018 and I did not receive Biometrics yet. Just 18 months extensions letter so far.

[Stephanillia 30]

19 hours ago, BrokenWings said:

 

August 2018 filers getting decisions? 

I filed April 2018 and I did not receive Biometrics yet. Just 18 months extensions letter so far.

I guess he meant August 2017.

[BrokenWings 8]

On 12/1/2018 at 2:17 PM, BrokenWings said:

An important note for all filers on or after September 11, 2018:

As per a new ordinance USCIS Adjudicators have Rights and Power to deny an application without any RFE or NOID. This step has taken to expedite the processing time, also to reduce the files which have no valid ground, incomplete file, lack of ground to apply and lack of evidences to support application. 

So the new filers must be very careful when preparing their application packages. Remember- that applies to filers on or after 09/11/2018. Filers before that time should be okay i think regarding RFE or NOID. 

 

No update so far except for 18 months extension. 

As you all know- I submitted case based on evidences of good faith marriage under waiver criteria (divorce); I am just little worried about future outcomes and our possible steps. Just to know- in case of any negative decision, what step I can take or any chance to appeal to Immigration court? 

I remember when I had my very 1st meeting with my lawyer (one of best in Texas), he told me one thing- "If USCIS denies application at 1st place we will flip the burden to court and we will go from there". Just wondering if any of you have any idea about those steps or possible steps, duration and time frame of those steps. That will help me to prepare my job and education plan. 
I submitted sufficient evidences that can prove any reasonable person a nice and genuine marriage; but my ugly story was- My ex attempted to get me deported and withdraw her affidavit of support through writing something to USCIS at some point after divorce. Its not like I did anything wrong; it was more like I became the very strong bone in the meat who was trying everything to save his marriage! (Hope it is understandable what meant by Bone of Meat). Does USCIS just reject an application when a USC spouse complains? or I have chance to prove the truth and what actually happened? One lawyer told me once- USCIS won't listen to me, instead they will just listen to USC and take steps based on her feedback. I got an affidavit (notarized) from my ex before our divorce; just wondering if that is valid still since she wrote against me to USCIS after divorce. 

[Lip Gallagher 55]

On 1/14/2019 at 4:48 PM, BrokenWings said:

No update so far except for 18 months extension. 

As you all know- I submitted case based on evidences of good faith marriage under waiver criteria (divorce); I am just little worried about future outcomes and our possible steps. Just to know- in case of any negative decision, what step I can take or any chance to appeal to Immigration court? 

I remember when I had my very 1st meeting with my lawyer (one of best in Texas), he told me one thing- "If USCIS denies application at 1st place we will flip the burden to court and we will go from there". Just wondering if any of you have any idea about those steps or possible steps, duration and time frame of those steps. That will help me to prepare my job and education plan. 
I submitted sufficient evidences that can prove any reasonable person a nice and genuine marriage; but my ugly story was- My ex attempted to get me deported and withdraw her affidavit of support through writing something to USCIS at some point after divorce. Its not like I did anything wrong; it was more like I became the very strong bone in the meat who was trying everything to save his marriage! (Hope it is understandable what meant by Bone of Meat). Does USCIS just reject an application when a USC spouse complains? or I have chance to prove the truth and what actually happened? One lawyer told me once- USCIS won't listen to me, instead they will just listen to USC and take steps based on her feedback. I got an affidavit (notarized) from my ex before our divorce; just wondering if that is valid still since she wrote against me to USCIS after divorce. 

I think the affidavit from your ex will work. You may just need to wait a little more. You should be able to hear something from them this year

[GreenGem 58]

On 1/14/2019 at 1:48 PM, BrokenWings said:

No update so far except for 18 months extension. 

As you all know- I submitted case based on evidences of good faith marriage under waiver criteria (divorce); I am just little worried about future outcomes and our possible steps. Just to know- in case of any negative decision, what step I can take or any chance to appeal to Immigration court? 

I remember when I had my very 1st meeting with my lawyer (one of best in Texas), he told me one thing- "If USCIS denies application at 1st place we will flip the burden to court and we will go from there". Just wondering if any of you have any idea about those steps or possible steps, duration and time frame of those steps. That will help me to prepare my job and education plan. 
I submitted sufficient evidences that can prove any reasonable person a nice and genuine marriage; but my ugly story was- My ex attempted to get me deported and withdraw her affidavit of support through writing something to USCIS at some point after divorce. Its not like I did anything wrong; it was more like I became the very strong bone in the meat who was trying everything to save his marriage! (Hope it is understandable what meant by Bone of Meat). Does USCIS just reject an application when a USC spouse complains? or I have chance to prove the truth and what actually happened? One lawyer told me once- USCIS won't listen to me, instead they will just listen to USC and take steps based on her feedback. I got an affidavit (notarized) from my ex before our divorce; just wondering if that is valid still since she wrote against me to USCIS after divorce. 

Listen to your "lawyer (one of best in Texas)". You can also check out @mindthegap's profile and posts. Don't overthink. All the best.

[BrokenWings 8]

On 4/29/2018 at 10:27 PM, BrokenWings said:

As I said before: I will keep my timeline continuously updated so that some of you can be helped. I sent out my I 751 package with Divorce waiver (Good Faith Marriage) on last Friday. Even though I hired one of most prominent lawyer of state of Texas, I suggest not to hire lawyer if you are confident and you know what was inside your marriage. My lawyer and his office did nothing but just fill the form and organize a cover letter; that 100 bucks max job cost me $2,500 unfortunately. Any way -- Here are summary:
 

Cover letter stating the materials inside, Copy of I 485 approval and Marriage certificate, My affidavit, copy of divorce decree;

Copy of Marriage counseling as proof of attempts to save marriage, 1 letter from marriage counselor, emails and text correspondence as proof of attempts to save marriage, letter copy sent to Ex in Law family;

Copy of evidences of Bonafide marriages- Joint Apt Lease, Joint utility bills (light and water), Joint 4 cars, Joint vehicle insurance, Joint 2 bank a/c, Joint 2 years tax return copy and transcripts, 12-15 pictures jointly and also with friends and family, Joint cell phone plan with Ex-law family, 3 sworn affidavits from friends and family (Nothing from Ex-Wife or from her family), ex-wife's employer provided spouse card, some joint purchases, I 94 of mine as a proof of visiting my ex-in law family and travel with ex-wife, Copy of Pet (3 dogs) papers. 

One big proof- MY RESPONSE TO HER DIVORCE NOTICE THAT SAYS ABOUT ALL DETAILS BETWEEN US! 

Some proofs of why we continuously had issues and arguments;

That's all I sent. I will keep update in this post about Bio metrics and all later details. Please keep me in pray and stay blessed. 

 

Filed my case back in April 28, 2018 and around July 2018 I received 1st NOA with 12 months extension and around August received another NOA with 18 months extension. It has been almost 10 months till this February 2019 and no Bio metrics letter yet. When I did AOS, I had Bio metrics in 2 months after filing and from reading some other ROC posts I thought Bio metrics for ROC usually gets done in 2-4 months. Is it something I should be worried about not receiving biometrics appointment in 10 months?

I will travel abroad for 3 weeks in May-June. I am worried if I get interview letter in mail box and miss the interview. I will travel May 26 and will be back in June 18. Does interview notice letter give usually at least 30 days time from scheduled date? Or should I notify USCIS about my travel upfront? I wish I could ask my lawyers all these; but the way they have been charging me that is insane. I went Canada in December 2018 for 5 days and I asked if I can travel with NOA and expired GC. They charged me $400 to answer: *YES* 😭

 

[BrokenWings 8]

On 4/29/2018 at 10:27 PM, BrokenWings said:

As I said before: I will keep my timeline continuously updated so that some of you can be helped. I sent out my I 751 package with Divorce waiver (Good Faith Marriage) on last Friday. Even though I hired one of most prominent lawyer of state of Texas, I suggest not to hire lawyer if you are confident and you know what was inside your marriage. My lawyer and his office did nothing but just fill the form and organize a cover letter; that 100 bucks max job cost me $2,500 unfortunately. Any way -- Here are summary:
 

Cover letter stating the materials inside, Copy of I 485 approval and Marriage certificate, My affidavit, copy of divorce decree;

Copy of Marriage counseling as proof of attempts to save marriage, 1 letter from marriage counselor, emails and text correspondence as proof of attempts to save marriage, letter copy sent to Ex in Law family;

Copy of evidences of Bonafide marriages- Joint Apt Lease, Joint utility bills (light and water), Joint 4 cars, Joint vehicle insurance, Joint 2 bank a/c, Joint 2 years tax return copy and transcripts, 12-15 pictures jointly and also with friends and family, Joint cell phone plan with Ex-law family, 3 sworn affidavits from friends and family (Nothing from Ex-Wife or from her family), ex-wife's employer provided spouse card, some joint purchases, I 94 of mine as a proof of visiting my ex-in law family and travel with ex-wife, Copy of Pet (3 dogs) papers. 

One big proof- MY RESPONSE TO HER DIVORCE NOTICE THAT SAYS ABOUT ALL DETAILS BETWEEN US! 

Some proofs of why we continuously had issues and arguments;

That's all I sent. I will keep update in this post about Bio metrics and all later details. Please keep me in pray and stay blessed. 

Here is an answer from my lawyer that can help some people I think. It is about in case of I751 denial:

 

If USCIS denies the I-751, then we can have the Immigration Judge review the denial and make his or her own decision on the case.  You will have the opportunity to testify and present witnesses and any additional evidence you wish to the Immigration Judge.  You will have at least two immigration court hearings.  The Immigration Courts are very backlogged so if your I-751 is denied, it will take a couple of years at least for you to have your final immigration court hearing and the Immigration Judge make a decision on your case.  If the Immigration Judge denies the I-751 as well, you can appeal the decision to the Board of Immigration Appeals, a process that will also take 1-2 years.

 

 

Thank you,

[BrokenWings 8]

On 4/29/2018 at 10:27 PM, BrokenWings said:

As I said before: I will keep my timeline continuously updated so that some of you can be helped. I sent out my I 751 package with Divorce waiver (Good Faith Marriage) on last Friday. Even though I hired one of most prominent lawyer of state of Texas, I suggest not to hire lawyer if you are confident and you know what was inside your marriage. My lawyer and his office did nothing but just fill the form and organize a cover letter; that 100 bucks max job cost me $2,500 unfortunately. Any way -- Here are summary:
 

Cover letter stating the materials inside, Copy of I 485 approval and Marriage certificate, My affidavit, copy of divorce decree;

Copy of Marriage counseling as proof of attempts to save marriage, 1 letter from marriage counselor, emails and text correspondence as proof of attempts to save marriage, letter copy sent to Ex in Law family;

Copy of evidences of Bonafide marriages- Joint Apt Lease, Joint utility bills (light and water), Joint 4 cars, Joint vehicle insurance, Joint 2 bank a/c, Joint 2 years tax return copy and transcripts, 12-15 pictures jointly and also with friends and family, Joint cell phone plan with Ex-law family, 3 sworn affidavits from friends and family (Nothing from Ex-Wife or from her family), ex-wife's employer provided spouse card, some joint purchases, I 94 of mine as a proof of visiting my ex-in law family and travel with ex-wife, Copy of Pet (3 dogs) papers. 

One big proof- MY RESPONSE TO HER DIVORCE NOTICE THAT SAYS ABOUT ALL DETAILS BETWEEN US! 

Some proofs of why we continuously had issues and arguments;

That's all I sent. I will keep update in this post about Bio metrics and all later details. Please keep me in pray and stay blessed. 

Just got a NOA. It is regarding biometrics and it said: USCIS is able to reuse previously captured fingerprints and no Biometrics appointment is necessary at this point. USCIS will contact you in writing if any additional information is necessary to resolve the case.

Atleast the I751 application is moving-- 😳

[BrokenWings 8]

On 4/29/2018 at 10:27 PM, BrokenWings said:

As I said before: I will keep my timeline continuously updated so that some of you can be helped. I sent out my I 751 package with Divorce waiver (Good Faith Marriage) on last Friday. Even though I hired one of most prominent lawyer of state of Texas, I suggest not to hire lawyer if you are confident and you know what was inside your marriage. My lawyer and his office did nothing but just fill the form and organize a cover letter; that 100 bucks max job cost me $2,500 unfortunately. Any way -- Here are summary:
 

Cover letter stating the materials inside, Copy of I 485 approval and Marriage certificate, My affidavit, copy of divorce decree;

Copy of Marriage counseling as proof of attempts to save marriage, 1 letter from marriage counselor, emails and text correspondence as proof of attempts to save marriage, letter copy sent to Ex in Law family;

Copy of evidences of Bonafide marriages- Joint Apt Lease, Joint utility bills (light and water), Joint 4 cars, Joint vehicle insurance, Joint 2 bank a/c, Joint 2 years tax return copy and transcripts, 12-15 pictures jointly and also with friends and family, Joint cell phone plan with Ex-law family, 3 sworn affidavits from friends and family (Nothing from Ex-Wife or from her family), ex-wife's employer provided spouse card, some joint purchases, I 94 of mine as a proof of visiting my ex-in law family and travel with ex-wife, Copy of Pet (3 dogs) papers. 

One big proof- MY RESPONSE TO HER DIVORCE NOTICE THAT SAYS ABOUT ALL DETAILS BETWEEN US! 

Some proofs of why we continuously had issues and arguments;

That's all I sent. I will keep update in this post about Bio metrics and all later details. Please keep me in pray and stay blessed. 

 

Hey Folks -

Got another update yesterday. Got a notice that my case was evaluated primarily and transferred to VSC from CSC. The VSC office will adjudicate the case; they will let me know if any further document or interview is necessary. 

Looking forward-