i751 mess

[MohU3 57]

Hey Everyone,

 

I have a quiet of a story and a mess with the USCIS. I know I'm way beyond DIY case, but I've been hiring lawyers and changing lawyers and that would be my last stop which is VJ. I'm gonna try to make it as much short as I can. Any help would be appreciated.

 

I came to the US in 2011 first time stayed for 3 month and left. I came the second time in march 2012, met my Wife in June of 2012 we dated for couple month and we got married on Oct, 1st 2012. Applied for AOS and got approved on march 22nd 2013. Applied for ROC on march 12 2015 jointly with the help of a lawyer to VSC. In February 2016 when it was pending so long, my lawyer advised me to apply for N400 in Philadelphia local office. I did so, I got NOA for the receipt, Bio appt, then I got another NOA for the interview on 04/29/16 that they will interview me on 06/06/16. I was so confused that I got an interview for the N400 while the i751 still pending. I called my lawyer and he told me that I should take my wife with me cause it might be a combo interview for both cases. Anyways on 06/01/2016 I got a letter in the mail that my interview was cancelled due to unforeseen circumstances, that's when I realized that they made a mistake for scheduling me while the 751 still pending. My wife's sister passed away, she started drinking and basically the marriage fell apart by the end of 2016. We filed for a divorce and the divorce was finalized 02/07/2017. I went back to my lawyer to inform him with the new situation and he advised me to file a new 751 with a waiver. So I did so, and submitted everything that I have up to the point of the separation. This time I was in south Florida which is where I moved after the divorce. The second 751 with the waiver dated 03/31/2017. in October 2017 I moved back to PA so I did the change of address for 3 pending cases ( 2 751's and the N400). Due all that time I was going every year for my stamp. I have total of 4 stamps in my passport. I think that breaks the record. last time I went for the stamp with an info pass, they only gave me 6 month that was back in Oct 2018. He gave me till 04/2019. On 12/02/2018 I got a NOA for an interview notice. As much as I was excited that they finally scheduled me as much as I was disappointed when I checked which case was it and I found it was the First jointly filed 751 which is noway to get approved due to the divorce. The interview is on Monday (01/07/19). I did many service requests, info passes, calls to the 800 number. Every time I would get the same answer. Background check, name check, in the line for an interview, and the stuff that we all know about, but nothing really about my case. I would like to know if anyone is in a similar situation please? Do you guys thing that they would interview me on Monday or not ? I feel like the 2nd 751 when I did the change of address it didn't go through even tho that I got a confirmation letter to the new address when I moved back to PA. I'm only saying that because probably in Philadelphia they don't know anything about the 2nd 751 that's why they scheduled me for the 1st 751. is it normal to have 751 pending for almost 4 years ?

[Alabamak1 688]

the only way you will get a straight answer is be prepared with all your papework and go to the interview. You have nothing to loose now. All the moving and change of marital status, has them probably more confused.  IMO....they may have a combo interview and all is done. Good luck.

[kline19 102]

I don't know much about USCIS and its inner workings but a lawyer once told me that there is such a thing called "A file" connected to your A-number. There is only one such physical file that contains everything about your case from the day you entered the usa. So the chances of those two i751 not merged into your file are very slim. One thing you can do is to take the photocopies of your first i751 along with you to the interview. 

[MohU3 57]

That is what I'm hoping. I've been preparing for over a month. getting everything copied, printing all the bills, texts, photos and etc. I had my attorney sending them an email that we have another 751 with a waiver pending and she sent them the receipt number for it, but she got no reply from them. 

[mindthegap 2,590]

 

 

1 hour ago, MohU3 said:

On 12/02/2018 I got a NOA for an interview notice. As much as I was excited that they finally scheduled me as much as I was disappointed when I checked which case was it and I found it was the First jointly filed 751 which is noway to get approved due to the divorce. The interview is on Monday (01/07/19). 

 

It can still be approved.

At the interview, you need to immediately request that it is switched to a divorce waiver. I would advise you to take any and all evidence of a legitimate marriage that you have from after the original filing date.

Why on earth did your lawyer advise you to file a fresh I-715 with a divorce waiver instead of switching a current one ? Could it be because they charged you a second time to prepare and file it 😶 ?

 

 

2 hours ago, MohU3 said:

I have total of 4 stamps in my passport. I think that breaks the record. 

 

A total of 7 stamps in mine...😐

[Hypnos 6,576]

20 minutes ago, mindthegap said:

Why on earth did your lawyer advise you to file a fresh I-715 with a divorce waiver instead of switching a current one ?

Pretty much this. You received poor advice from your lawyer here. It is a simple matter to convert a joint filing to a waiver filing. You should not have filed a second I-751.

 

Take your entire slew of documents to this interview. Explain that your misguided lawyer advised you to file a second I-751 and that it's still floating around in the system. They will likely already know this, but there you go. 

 

Last but not least: fire that lawyer. 

[MohU3 57]

Quote

Why on earth did your lawyer advise you to file a fresh I-715 with a divorce waiver instead of switching a current one ? Could it be because they charged you a second time to prepare and file it 😶 ?

@mindthegap I've been waiting for your reply. I watched your timeline couple times. I also saw your comments to couple of people before. I think you're in a mess as well. I think you're also right, he just advised me to file a new one to get the charges for a second one to prepare and file it. The funny thing is he retired back in September. I had to switch to a whole new one when I got the interview notice. How do I request it to be switched to a waiver ? Do I have to write a letter or affidavit and get it notarized  and take it with me on Monday ? or Just by orally asking the IO to switch it ? Thanks for your reply and response to my matter.

[mindthegap 2,590]

There is sometimes a misconception that a waiver is a big thing or something that actually needs to be filed...it is merely a request to waive the usual joint filing requirement, either for an existing joint petition or a new solo one. As you are divorced, you have the right to do this.

 

That request can be done verbally at interview, or via mail with a simple letter requesting a waiver of the joint filing requirement enclosing a copy of your divorce decree. This letter does not need to be notarized.

From that point on the joint filing requirement is waived.

 

The interviewer will more than likely ask 'where is your spouse?' immediately, so you explain it at that point, and request that it is switched to a solo waiver filing - make sure you bring both a copy, and the original of your divorce decree.

Edited January 6, 2019 by mindthegap

[Villanelle 4,122]

Also since you are divorced now you can't be approved on a joint petition even if your spouse attended. 

[Sellamalola 222]

20 hours ago, MohU3 said:

Hey Everyone,

 

I have a quiet of a story and a mess with the USCIS. I know I'm way beyond DIY case, but I've been hiring lawyers and changing lawyers and that would be my last stop which is VJ. I'm gonna try to make it as much short as I can. Any help would be appreciated.

 

I came to the US in 2011 first time stayed for 3 month and left. I came the second time in march 2012, met my Wife in June of 2012 we dated for couple month and we got married on Oct, 1st 2012. Applied for AOS and got approved on march 22nd 2013. Applied for ROC on march 12 2015 jointly with the help of a lawyer to VSC. In February 2016 when it was pending so long, my lawyer advised me to apply for N400 in Philadelphia local office. I did so, I got NOA for the receipt, Bio appt, then I got another NOA for the interview on 04/29/16 that they will interview me on 06/06/16. I was so confused that I got an interview for the N400 while the i751 still pending. I called my lawyer and he told me that I should take my wife with me cause it might be a combo interview for both cases. Anyways on 06/01/2016 I got a letter in the mail that my interview was cancelled due to unforeseen circumstances, that's when I realized that they made a mistake for scheduling me while the 751 still pending. My wife's sister passed away, she started drinking and basically the marriage fell apart by the end of 2016. We filed for a divorce and the divorce was finalized 02/07/2017. I went back to my lawyer to inform him with the new situation and he advised me to file a new 751 with a waiver. So I did so, and submitted everything that I have up to the point of the separation. This time I was in south Florida which is where I moved after the divorce. The second 751 with the waiver dated 03/31/2017. in October 2017 I moved back to PA so I did the change of address for 3 pending cases ( 2 751's and the N400). Due all that time I was going every year for my stamp. I have total of 4 stamps in my passport. I think that breaks the record. last time I went for the stamp with an info pass, they only gave me 6 month that was back in Oct 2018. He gave me till 04/2019. On 12/02/2018 I got a NOA for an interview notice. As much as I was excited that they finally scheduled me as much as I was disappointed when I checked which case was it and I found it was the First jointly filed 751 which is noway to get approved due to the divorce. The interview is on Monday (01/07/19). I did many service requests, info passes, calls to the 800 number. Every time I would get the same answer. Background check, name check, in the line for an interview, and the stuff that we all know about, but nothing really about my case. I would like to know if anyone is in a similar situation please? Do you guys thing that they would interview me on Monday or not ? I feel like the 2nd 751 when I did the change of address it didn't go through even tho that I got a confirmation letter to the new address when I moved back to PA. I'm only saying that because probably in Philadelphia they don't know anything about the 2nd 751 that's why they scheduled me for the 1st 751. is it normal to have 751 pending for almost 4 years ?

Well my friend, your case is extremely complicated at this point, you MUST get in contact with an experienced immigration lawyer IMMEDIATELY. I never heard of a lawyer telling their client what to do and having them doing it on their own, they’re supposed to represent you, your job is to come up with all the supporting evidence and THEY present it. Your never supposed to file roc without a lawyer if there was a divorce. I watch an immigration lawyer on fb, give him a call and have a consultation but then again the appointment is tomorrow 🤔 idk call his office and see: Brad Berstein 18005295465

[Stephanillia 30]

1 hour ago, Mellamanlola said:

Well my friend, your case is extremely complicated at this point, you MUST get in contact with an experienced immigration lawyer IMMEDIATELY. I never heard of a lawyer telling their client what to do and having them doing it on their own, they’re supposed to represent you, your job is to come up with all the supporting evidence and THEY present it. Your never supposed to file roc without a lawyer if there was a divorce. I watch an immigration lawyer on fb, give him a call and have a consultation but then again the appointment is tomorrow 🤔 idk call his office and see: Brad Berstein 18005295465

Many divorce waivers get approved without an lawyer...

[kline19 102]

The good thing for the original poster is that he followed the law and presumably paid for i751 fee twice. There are no inherent illegality in his case except that he got (probably) bad advice from a lawyer which he could clear up at the interview. 

 

Maybe, writing a short cheat-sheet notes on a post-it would be a good idea to stick to your talking points during the interview. 

[MohU3 57]

Thank you all for taking the time to read my story and replying with the best that you can. I prepped all my documents (evidence) and I have a local lawyer will be going with me and I'll take your advice and ask for a waiver right away. I will keep you updated tomorrow and I will let you know tomorrow when I get back what happened.

 

Thanks to you all.

[Stephanillia 30]

8 minutes ago, MohU3 said:

Thank you all for taking the time to read my stor havey and replying with the best that you can. I prepped all my documents (evidence) and I have a local lawyer will be going with me and I'll take your advice and ask for a waiver right away. I will keep you updated tomorrow and I will let you know tomorrow when I get back what happened.

 

Thanks to you all.

Good luck for your interview!!! 

[uilliu 5]

On 1/5/2019 at 3:01 PM, MohU3 said:

I have total of 4 stamps in my passport. I think that breaks the record. 

5 stamps here, and I'm about to go get #6 in a month. What can we do. 

 

Good luck - make sure you are on the same exact page as your lawyer, and he knows all the details and what you need to ask at the interview. Keeping my fingers crossed for you.