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Jon and Fangfang

Two questions: Is I797 an extension letter, and I sent two different I751

By Jon and Fangfang in Removing Conditions on Residency General Discussion

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Jon and Fangfang Contributor

Jon and Fangfang   5

Posted
Filed: IR-1/CR-1 Visa Country: China
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Posted

So, I feel a bit dumb, but USCIS told me to do it!  We sent in the I751 package with a check and all required documents, unfortunately, we didn't get a tracking number on the USPS mail.  Stupid I know.  Anyway, I talked to USCIS several times, and they had me wait and wait.  Finally, we couldn't wait anymore, and we sent a second I751 package.  USCIS cashed the check and sent me I797 one day later.  This leads to my two questions.

 

1.  My wife will travel to China in July, that is after her GC expires.  Does this I797 Notice of Action count as an extension, or do I need something else before she can travel?

 

2.  Can I put a stop payment on the second check I sent, with a second I751 package?  What will happen if I do that?  I don't trust the random people I am talking to at USCIS anymore, it feels like they are just guessing at what to do.

 

Thanks again!

2014/02/XX First met

2014/08/20 I start "living" in China

2014/08/23 First vacation together (Beijing)

2014/09/20 Moved in together in Suzhou

2014/11/20 Trip to Thailand together

2015/09/01 Got her parents approval to marry :)

2015/09/18 Married

2014/11/04 Honeymoon in Thailand

IR-1 begins:
2015/11/17 I-130 petition mailed out

2015/11/19 I-130 received in Chicago

​2015/11/20 NOA1

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mindthegap Experienced

mindthegap   2,590

Posted
Filed: Lift. Cond. (pnd) Country: United Kingdom
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Posted (edited)
26 minutes ago, Jon and Fangfang said:

1.   Does this I797 Notice of Action count as an extension

Yes, when used in conjunction with the expired card - without both, they are useless by themselves. 

Don't forget that the original is watermarked, so don't take a copy instead - make a photocopy/scan and leave the copy at home

 

26 minutes ago, Jon and Fangfang said:

or do I need something else before she can travel?

No.

26 minutes ago, Jon and Fangfang said:

Can I put a stop payment on the second check I sent, with a second I751 package? 

Yes

26 minutes ago, Jon and Fangfang said:

What will happen if I do that? 

You are permitted to file multiple I-751s, so I would suggest if you are going to put a stop on it, then do it as soon as possible before it is cashed and you lose the money and receive a second receipt. It won't affect your first filed one which has been cashed and the receipt/extension issued. If they can't cash the cheque that package will be returned to you.

Make sure you stop the right one!

 

 

26 minutes ago, Jon and Fangfang said:

I don't trust the random people I am talking to at USCIS anymore, it feels like they are just guessing at what to do.

Yes, that feeling will become very familiar.

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. 

 

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Crazy Cat Grand Master

Crazy Cat   41,894

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted

1.  Extension letter and expired green card will allow her to board a plane back to US.

2.  Personally, I would most definitely stop payment on the 2nd check.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Jon and Fangfang Contributor

Jon and Fangfang   5

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
  • Author
Posted

Thanks for responding so quickly everyone.  I have put a stop payment on the check, and I feel better now!

 

Thanks again!

2014/02/XX First met

2014/08/20 I start "living" in China

2014/08/23 First vacation together (Beijing)

2014/09/20 Moved in together in Suzhou

2014/11/20 Trip to Thailand together

2015/09/01 Got her parents approval to marry :)

2015/09/18 Married

2014/11/04 Honeymoon in Thailand

IR-1 begins:
2015/11/17 I-130 petition mailed out

2015/11/19 I-130 received in Chicago

​2015/11/20 NOA1

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Jon and Fangfang Contributor

Jon and Fangfang   5

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
  • Author
Posted

Just so I can not worry at all.  The I797 says this in the first paragraph.

 

 

Capture.JPG

2014/02/XX First met

2014/08/20 I start "living" in China

2014/08/23 First vacation together (Beijing)

2014/09/20 Moved in together in Suzhou

2014/11/20 Trip to Thailand together

2015/09/01 Got her parents approval to marry :)

2015/09/18 Married

2014/11/04 Honeymoon in Thailand

IR-1 begins:
2015/11/17 I-130 petition mailed out

2015/11/19 I-130 received in Chicago

​2015/11/20 NOA1

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Crazy Cat Grand Master

Crazy Cat   41,894

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
1 minute ago, Jon and Fangfang said:

Just so I can not worry at all.  The I797 says this in the first paragraph.

 

 

Capture.JPG

Yes.  The expiration date on the card is extended for one year.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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