Family Emergency, need to leave US for a month. Please Help!

[Mattgz14 0]

Hi Everyone,

 

I have been following this forum since I filed my papers. I’m a December 2016  CSC filer. I haven’t heard anything from them since my biometrics which was in January 2017, I filed joint I-751 with my ex spouse. But in March 2018 we decided to get divorce and I hired a good immigration lawyer about this situation. He told me that we can do an amendment  and change it to a waiver ,send the divorce degree to USCIS so we may not have to refile and waste another year and a half. 

 

I started the divorce process in the beginning of April, my lawyer sent a letter to USCIS letting them know that me and my spouse is divorcing. I got my divorce decree at the beginning on this month and We have reviewed and gone through  Bona Fide Marriage proofs that we have with my attorney.

 

We have sent a huge package to USCIS with my divorce decree 2 days ago. Also I got my passport stamped back in January 2018 for a year so my stamp expires in January 2019, I have a family situation and need to travel out of country next month. 

 

I highly doubt that I would get something by then, therefore my fear and my question is that, what if they don’t accept my Amending while I’m in my country? 

 

Will my status be terminated if they send a letter of denial and tell me to refile again as a divorce waiver? 

 

Since I will not be in US and unable to refile. Will this jeopardize my re-entry to the US after coming back?

 

I don’t want to risk my re-entry to US. What would you suggest me?

 

Would it be too risky to go out of country at this point?

 

My situation is very complicated so if you guys can come up with any suggestions I would really appreciate it! I hope you will all get approved by the end of this month!

 

 

Side Note: I think my file is in my local office because when I check my status online it says that my case has been transferred to local office by 26th of February, I spoke with tier 1 officer and she confirmed that and said I should get a response by August 26th 2018 but most probably she could not even see that I got divorced on the system. 

 

[ApplyingforN400 126]

10 minutes ago, Mattgz14 said:

Hi Everyone,

 

I have been following this forum since I filed my papers. I’m a December 2016  CSC filer. I haven’t heard anything from them since my biometrics which was in January 2017, I filed joint I-751 with my ex spouse. But in March 2018 we decided to get divorce and I hired a good immigration lawyer about this situation. He told me that we can do an amendment  and change it to a waiver ,send the divorce degree to USCIS so we may not have to refile and waste another year and a half. 

 

I started the divorce process in the beginning of April, my lawyer sent a letter to USCIS letting them know that me and my spouse is divorcing. I got my divorce decree at the beginning on this month and We have reviewed and gone through  Bona Fide Marriage proofs that we have with my attorney.

 

We have sent a huge package to USCIS with my divorce decree 2 days ago. Also I got my passport stamped back in January 2018 for a year so my stamp expires in January 2019, I have a family situation and need to travel out of country next month. 

 

I highly doubt that I would get something by then, therefore my fear and my question is that, what if they don’t accept my Amending while I’m in my country? 

 

Will my status be terminated if they send a letter of denial and tell me to refile again as a divorce waiver? 

 

Since I will not be in US and unable to refile. Will this jeopardize my re-entry to the US after coming back?

 

I don’t want to risk my re-entry to US. What would you suggest me?

 

Would it be too risky to go out of country at this point?

 

My situation is very complicated so if you guys can come up with any suggestions I would really appreciate it! I hope you will all get approved by the end of this month!

 

 

Side Note: I think my file is in my local office because when I check my status online it says that my case has been transferred to local office by 26th of February, I spoke with tier 1 officer and she confirmed that and said I should get a response by August 26th 2018 but most probably she could not even see that I got divorced on the system. 

 

The million dollar question. 

 

No one is going to give you a concrete answer period.

 

According to many lawyers if the I751 is denied while you’re out the country, you cant come back. 

 

The reason why you woulf never find a documented case online is because they never give outright denial, first they send RFE then set an interview then intent to deny notice then deny. 

 

HOWEVER you just added another element to the equation, you switched a joint application into a waiver application, meaning the joint application CAN POSSIBLY get immediate and automatic denial with a letter asking you to file with a waiver. But I dont know if that is consider a denial or a “soft denial” because of “wrong filing”. 

 

No one can give you a straight answer im afraid

[Mattgz14 0]

Hi Everyone,

 

I have been following this forum since I filed my papers. I’m a December 2016 CSC filer. I haven’t heard anything from them since my biometrics which was in January 2017, I filed joint I-751 with my ex spouse. But in March 2018 we decided to get divorce and I hired a good immigration lawyer about this situation. He told me that we can do an amendment  and change it to a waiver ,send the divorce degree to USCIS so we may not have to refile and waste another year and a half. 

 

I started the divorce process in the beginning of April, my lawyer sent a letter to USCIS letting them know that me and my spouse is divorcing. I got my divorce decree at the beginning on this month and We have reviewed and gone through  Bona Fide Marriage proofs that we have with my attorney.

 

We have sent a huge package to USCIS with my divorce decree 2 days ago. Also I got my passport stamped back in January 2018 for a year so my stamp expires in January 2019, I have a family situation and need to travel out of country next month. 

 

Questions;

 

I highly doubt that I would get something by then, therefore my fear and my question is that, what if they don’t accept my Amending while I’m in my country? 

 

Will my status be terminated if they send a letter of denial and tell me to refile again as a divorce waiver? 

 

Since I will not be in US and unable to refile. Will this jeopardize my re-entry to the US after coming back?

 

I don’t want to risk my re-entry to US. What would you suggest me?

 

Would it be too risky to go out of country at this point?

 

My situation is very complicated so if you guys can come up with any suggestions I would really appreciate it! Thank you in advance everyone!

 

Side Note: I think my file is in my local office because when I check my status online it says that my case has been transferred to local office by 26th of February, I spoke with tier 1 officer and she confirmed that and said I should get a response by August 26th 2018 but most probably she could not even see that I got divorced on the system. 

[mindthegap 2,590]

2 hours ago, ApplyingforN400 said:

The million dollar question. 

 

No one is going to give you a concrete answer period.

 

According to many lawyers if the I751 is denied while you’re out the country, you cant come back. 

 

The reason why you woulf never find a documented case online is because they never give outright denial, first they send RFE then set an interview then intent to deny notice then deny. 

 

HOWEVER you just added another element to the equation, you switched a joint application into a waiver application, meaning the joint application CAN POSSIBLY get immediate and automatic denial with a letter asking you to file with a waiver. But I dont know if that is consider a denial or a “soft denial” because of “wrong filing”.

 

No one can give you a straight answer im afraid

So many inaccuracies in this post.

I really haven’t the energy to rip it to shreds. 

[EDIT - yes I do]

 

 

An RFE does not have to be issued at all  - I have never had one, yet had an interview and a denial, so like most parts of this utterly hateful process I can speak from direct experience here - been there, got the bills,letters,denial, and the t-shirt. 

 

 

You do not get a notice of intent to deny, then a denial - you just get a denial letter if that is their decision. The wording of this letter is scary (and incidentally, legally wrong) but they don’t care.

There is no appeal, except a motion to re-open only on the basis of incorrectly applied USCIS policy  (this motion costs about the same as refilling a fresh I-751 anyway).

 

Next would be a notice of a court date with an immigration judge (perhaps years away), at which time the burden is on the Govt to prove fraud or intent to circumvent or evade immigration law - completely flipped from the I-751 filing where the petitioner has to prove they didn’t. 

 

If you are denied but have filed a fresh I-751 (as you are permitted to at any time until a final order of removal from a judge),  then that/they must be adjudicated by USCIS first before any court proceedings can proceed. 

Should the hearing happen, if the judge finds against you and intends to terminate your status it can be immediately appealed. 

 

However, throughout all this process, you remain a lawful permanent resident, and are entitled to proof of status from USCIS if requested (some interesting case law exists for this). 

You will also be re-admitted when presenting at a POE as a LPR during this process - remember that an immigration judge is the only person that can terminate someone’s status.

 

 

All I-751 filings are adjudicated on the evidence presented, whether initially, via RFE or at interview.

You will not be denied solely for the reason of now being divorced from the petitioning USC spouse or requesting a switch to a divorce waiver.

This is very clearly laid out in USCIS policy and is very common. 

 

Edited May 16, 2018 by mindthegap

[ApplyingforN400 126]

12 minutes ago, mindthegap said:

So many inaccuracies in this post.

I really haven’t the energy to rip it to shreds. 

[EDIT - yes I do]

 

 

An RFE does not have to be issued at all  - I have never had one, yet had an interview and a denial, so like most parts of this utterly hateful process I can speak from direct experience here - been there, got the bills,letters,denial, and the t-shirt. 

 

 

You do not get a notice of intent to deny, then a denial - you just get a denial letter if that is their decision. The wording of this letter is scary (and incidentally, legally wrong) but they don’t care.

There is no appeal, except a motion to re-open only on the basis of incorrectly applied USCIS policy  (this motion costs about the same as refilling a fresh I-751 anyway).

 

Next would be a notice of a court date with an immigration judge (perhaps years away), at which time the burden is on the Govt to prove fraud or intent to circumvent or evade immigration law - completely flipped from the I-751 filing where the petitioner has to prove they didn’t. 

 

If you are denied but have filed a fresh I-751 (as you are permitted to at any time until a final order of removal from a judge),  then that/they must be adjudicated by USCIS first before any court proceedings can proceed. 

Should the hearing happen, if the judge finds against you and intends to terminate your status it can be immediately appealed. 

 

However, throughout all this process, you remain a lawful permanent resident, and are entitled to proof of status from USCIS if requested (some interesting case law exists for this). 

You will also be re-admitted when presenting at a POE as a LPR during this process - remember that an immigration judge is the only person that can terminate someone’s status.

 

 

All I-751 filings are adjudicated on the evidence presented, whether initially, via RFE or at interview.

You will not be denied solely for the reason of now being divorced from the petitioning USC spouse. This is very clearly laid out in USCIS policy, as is their policy for switching to a divorce waiver after originally filing jointly. 

This is you ripping it to shreds? I guess thats why you got interview and denial, because what you think works for USCIS is clearly not the case. 

 

I never said they do it in that order, all i said is they communicate with you in one of those ways BEFORE denial, whether be it interview, or RFE or intent to deny, I never said they do ALL. 

 

Clearly you had an interview and it was a mess why would they send an RFE or intent to deny? they got what they needed from the interview and denied you after. 

 

I clearly said they do SOMETHING before denial not all options. 

 

And MY BIG thing was which what he is asking is what happens if the I751 gets denied while your outside the country. I never talked about handling a denial from inside the country. 

 

If you look at my post history you would see that I always tell people when I751 is denied you dont stop being a resident. Only a Judge can remove your residency, always said this to people, some dont believe me because yes USCIS wording is sneaky but is not true. Once a resident always a resident until proven otherwise in a court of law. 

 

I always say we are not going from temporary residency to permanent resident. We are removing CONDITIONS on a permanent residency. We are Permanent residents, peroid. USCIS wouldnt like everyone to know this to keep the removal of conditions serious and strict. 

 

Show me again where your my mistakes are and where you ripped them to shreds?

 

most importantly show us where you answered his question. He is afraid to be denied while outside the country can you answer that question? No one knows what CBP does if they see on the computer your I751 has been denied whether rightfully or wrongfully

Edited May 16, 2018 by ApplyingforN400

[mindthegap 2,590]

See my response to this on the other thread you posted on. 

 

In short, your fears are largely baseless. You may well get an interview notice (generally a month or so notice) because you are now divorced, but a denial simply for requesting a switch to a divorce waiver?

No - it doesn’t work like that. 

 

[Ontarkie 14,218]

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