RFE for i-751 Filed January 2018 with Battered Spouse Waiver

[Albertoxxx 3]

1 hour ago, Villanelle said:

As I said their goal is to have abuse waiver 751s  done by VSC. Technically any service center can do them though. If you mailed your package to Texas and got a receipt starting with TSC or SRC your case is at Texas. If they transfer it to VSC you should see a case status notification (or may also get the notice in writing) that your case has been move to another office for processing. Have you gotten any notifications like that? If you did but it didnt specify which service center it most likely went to VSC. I know they have moved some cases from Texas in general to other service centers to balance the workloads. Vermont has also transferred some of their cases to other locations.  So some of the approvals you see may be from people that filed in Texas and then were transferred and approved elsewhere. So while monitoring others timelines can be helpful it can also be misleading.  

 

Abuse waiver ROCs are suppose to be under the same confidentiality provisions as VAWA abuse filings. You may be able to do a service request or use the ask Emma feature on the website but it may not give you any response due to the confidentiality provisions. So if you are concerned or want an update you need to contact your local congressman and have them do an inquiry for you. Check the date on your extension letter - if you are going to need a stamp you will want to start the process to make an appointment for one at least 6 weeks in advance of it expiring. To make the appointment you have to call the 800 number. You may need to get a call back from a T2. They may tell you you cant have an appointment so you may have to try several times. Currently they are only accepting emergency appts for infopass stamping and results have varied. Some people are being told needing a stamp for work or DL renewal is enough and others are being told its not enough. So you want to start trying to request your infopass early so you have time to try again if they reject your request for the appt. 

I have not received any notification like that ( just a confirmation of my AR-11 COA request that i submitted online because they wanted to verify that I am actually who I am due to privacy concerns of VAWA) so my case is definitely in Texas in the new building suite 751 specifically where I found out the VAWA files are taken care of. I received my 18 month GC extension letter on April 2020 so my green card was extended until June 2022 so thank God I am no worried for that at least now. By the way just randomly checking my past cases on the "my cases USCIS" web I saw that a service request was submitted on the I-130 that my exwife filed for petitioning me, on August 2018, I called yesterday because i wanted to know what was that request about since the I-130 was approved along with My AOS On December 2018 and was closed since, and I found out that my ex wanted to withdraw that petition (the officer on the phone was basically reading aloud and at the end said oh never mind what i just told you this is from another case. which was clearly a lie but she was disclosing info on her case rather than mine but which actually is related to me) and the info i got regarding this service request was basically they received it on April 2020 and said something like we received your request wait for an update regarding this, but it will take a long time due to current circumstances, and the officer told me at the end that no action has been taken for that request. ( I have heard that there is nothing she could do after a GC was approved) I guess my ex just really wants to keep screwing me up.

[Villanelle 4,122]

@Albertoxxx Its very common for ex spouses to try to withdraw things after a divorce. As you know they can not- they still try though! Reading your posts though- did you submit the 751 under abuse and then move and do the AR11 online? If so I would recommend doing a paper AR11. For abuse cases (751 or 360) they are NOT suppose to change the address unless its on paper - no online changes. If the online system accepted it they may go back and undo it. As you can see when the agent gave you info on the 130 case that she wasnt suppose to (horrible that she did that!) USCIS can make mistakes. I have seen people do the online address change and it seems to be successful but its not. They undo it when they realize the error. So to be safe do a paper AR11 if you moved after submitting it. You can also use your congressperson for help in verifying they have the address change done correctly (this would be having the congressperson submitting the AR for you and getting confirmation of the change).  

[Albertoxxx 3]

On 9/2/2020 at 12:08 PM, Villanelle said:

@Albertoxxx Its very common for ex spouses to try to withdraw things after a divorce. As you know they can not- they still try though! Reading your posts though- did you submit the 751 under abuse and then move and do the AR11 online? If so I would recommend doing a paper AR11. For abuse cases (751 or 360) they are NOT suppose to change the address unless its on paper - no online changes. If the online system accepted it they may go back and undo it. As you can see when the agent gave you info on the 130 case that she wasnt suppose to (horrible that she did that!) USCIS can make mistakes. I have seen people do the online address change and it seems to be successful but its not. They undo it when they realize the error. So to be safe do a paper AR11 if you moved after submitting it. You can also use your congressperson for help in verifying they have the address change done correctly (this would be having the congressperson submitting the AR for you and getting confirmation of the change).  

I did fill it online and then I received a letter in orange paper from TSC basically requesting my signature and confirming that I was actually myself and also verifying the new submitted address. As an update to my case I see today that maybe next week I will receive a RFIE which honestly I really wonder what they want since I already submitted: joint tax for 2018, pictures after our wedding until we separated (40+) including our families and friends on trips to Canada and social gatherings, a very thorough explanatory letter telling how our relationship started how everything was awesome and then how it began to change slowly until I give specific details about the characteristics of the abuse and her behavior, 1 affidavit of good faith marriage from a friend, 2 affidavits of friends that have witnessed the abuse (all 3 of them notarized and sworn), temporary protection order from a judge for 12 moths where she can't get closer that 500yards, the police report where she was taken to jail, the bail out bond that she got in order to not have to pay money to get out of jail, a mental health provider letter stating how I felt after the last abuse and my Dx of Major depressive disorder and the things I said she was demanding from me sexually (this with all the requirements USCIS asks like license number, position address etc), credit card statements from my cards with additional cards on her name, bank account statements from AOS till separation with both of our names on it, car insurances with both names, home insurance with both of our names, health insurance with both of our names, trip tickets, receipts, car rentals, a mortgage denial letter (we wanted to buy a house but her credit score was very bad), I guess I'll just have to wait and actually see what they are asking, but honestly I was very obsessive with sending everything that I know was pertinent to the request...

Edited September 5, 2020 by Albertoxxx
typos

[17Miller 30]

On 8/13/2020 at 2:37 PM, Villanelle said:

There is also a memo posted occasionally in the VAWA thread you can search for. It explains the policy that allows 751 ROC abuse to naturalize at 3yrs and many people find it helpful to include the memo with their packet. Sometimes they reject the packet incorrectly thinking you are not eligible. 

@Villanelle I wonder if the length of the marriage has to be 3 years at least in order to apply for USC, even under the granted DV waiver as well? I'm trying to search the memo you mentioned above, but I couldn't find it. Could you please help me and show me which section it is? Thank you so so much!

 

 

Hi @iPhone5s , do you mind sharing a bit about how long did each of the marriage last? I wonder if the length of the marriage has to be 3 years at least in order to apply for USC, even under the granted DV waiver as well? Also, I would love to know on your notice of approval mail, did it say "section 216(c)(4)(C)" or something else? Thanks a lot!

[Albertoxxx 3]

The length of the marriage is accounted only if you are still living with that person and your spouse applies with you at your 3rd Permanent Residence anniversary. Otherwise what is taken into account is the length of the Permanent Residence (3 years) to apply for citizenship if your I751 was approved via the domestic violence waiver.

[Villanelle 4,122]

On 4/13/2021 at 4:16 PM, MoreMoolahMoreMoi said:

@Villanelle I wonder if the length of the marriage has to be 3 years at least in order to apply for USC, even under the granted DV waiver as well? I'm trying to search the memo you mentioned above, but I couldn't find it. Could you please help me and show me which section it is? Thank you so so much!

 

https://www.uscis.gov/sites/default/files/document/memos/sec319a012705.pdf 

 

Here is the memo. Does your approval notice for ROC state section 216(c)(4)(C)? Did you file as abuse waiver only or use multiple waiver categories? 

[17Miller 30]

8 hours ago, Villanelle said:

https://www.uscis.gov/sites/default/files/document/memos/sec319a012705.pdf 

 

Here is the memo. Does your approval notice for ROC state section 216(c)(4)(C)? Did you file as abuse waiver only or use multiple waiver categories? 

Thank you! I filed on both Divorce (bona fide marriage) & Abuse 2 categories, right now I'm waiting for Biometrics, Los Angeles is quite slow and not sure I'll be transfered or not. So I wanna know if it's okay for me to file n-400 when my 2y9m mark comes and be ready ahead of the time.

 

I'm just worried that if I got granted on both grounds, it would only show as marriage ground one the ROC or my GC category would be IR6. Do we always be able to request the IO to approve us on one specific waiver ground? Or the IO will ask the preference in the end of the interview if it's approved? 

[Villanelle 4,122]

16 hours ago, MoreMoolahMoreMoi said:

Thank you! I filed on both Divorce (bona fide marriage) & Abuse 2 categories, right now I'm waiting for Biometrics, Los Angeles is quite slow and not sure I'll be transfered or not. So I wanna know if it's okay for me to file n-400 when my 2y9m mark comes and be ready ahead of the time.

 

I'm just worried that if I got granted on both grounds, it would only show as marriage ground one the ROC or my GC category would be IR6. Do we always be able to request the IO to approve us on one specific waiver ground? Or the IO will ask the preference in the end of the interview if it's approved? 

USCIS can not independently make changes to what you filed. The key word is 'independently'. What that means is if you filed under divorce + abuse they must adjudicate it as divorce + abuse. They can not drop one of the categories on their own w/o you requesting to do so or consenting to them doing so in the interview.  Typically if they do make such a change (dropping or adding a waiver type) they have you sign something but they are also allowed to process it w/o a signed document from you based on your verbal consent at the interview. 

 

Rarely do people get to the interview and need to drop the abuse box. This is because when you submit the ROC with the abuse box checked (alone or in addition to another box) if you do not appear to qualify for the abuse box you get an multi page RFE explaining the types of evidences you need to submit to qualify. For those people who get such an RFE they can respond to the RFE either with the evidence needed or a response explaining they dont have such evidence and to please amend the petition to remove the abuse box and process it as divorce only. Now if you send the evidence requested back with the RFE and it ends up not being enough you would be told such in the interview and either they will ask you if you want to drop the abuse box or you can request it to be dropped if its clear you do not have enough evidence of abuse to qualify and they hadn't yet offered dropping it as an option to you. 

 

You can submit your n400 at 3yrs based on abuse waiver ROC even if the abuse waiver ROC has not be approved yet. It would be accepted but as all n400s it can not be processed/approved until the 751 is approved. If the 751 is not approved under abuse waiver because you withdrew that box then the n400 would be denied as you werent eligible to file it. You will not get the fees back. So if you do not request to drop the abuse box nor consent to dropping it you should assume it was granted when you are approved.  If for some reason your n400 is then rejected citing your 751 was not approved as an abuse waiver- you should appeal it showing how you did in fact file under the abuse waiver and did not amend it to remove the abuse box nor consent to them doing so in the interview. Personally I dont think its something to worry excessively about. Mistakes can happen in processing approvals but there is almost always no malicious intent on the part of the Officers in doing so and any unlikely but legitimate error that may occur can and is always corrected. 

[17Miller 30]

It makes so much sense now. Thank you so much for taking the time to get back to me and being awesome! @Villanelle

[Albertoxxx 3]

On 8/27/2020 at 12:58 PM, Villanelle said:

As I said their goal is to have abuse waiver 751s  done by VSC. Technically any service center can do them though. If you mailed your package to Texas and got a receipt starting with TSC or SRC your case is at Texas. If they transfer it to VSC you should see a case status notification (or may also get the notice in writing) that your case has been move to another office for processing. Have you gotten any notifications like that? If you did but it didnt specify which service center it most likely went to VSC. I know they have moved some cases from Texas in general to other service centers to balance the workloads. Vermont has also transferred some of their cases to other locations.  So some of the approvals you see may be from people that filed in Texas and then were transferred and approved elsewhere. So while monitoring others timelines can be helpful it can also be misleading.  

 

Abuse waiver ROCs are suppose to be under the same confidentiality provisions as VAWA abuse filings. You may be able to do a service request or use the ask Emma feature on the website but it may not give you any response due to the confidentiality provisions. So if you are concerned or want an update you need to contact your local congressman and have them do an inquiry for you. Check the date on your extension letter - if you are going to need a stamp you will want to start the process to make an appointment for one at least 6 weeks in advance of it expiring. To make the appointment you have to call the 800 number. You may need to get a call back from a T2. They may tell you you cant have an appointment so you may have to try several times. Currently they are only accepting emergency appts for infopass stamping and results have varied. Some people are being told needing a stamp for work or DL renewal is enough and others are being told its not enough. So you want to start trying to request your infopass early so you have time to try again if they reject your request for the appt. 

as always thank you so much for your help, here I am again and still facing this very annoying issue, I have received a second RFE that is requesting the same information that has been sent twice already (first with I-751 and secondly with the RFIE sent by them in September 2020), I have proof of all this, it was sent using UPS with proof of delivery, I am so impotent right now I have both the ombudsman and a senator helping me out but how can I prove that I sent X info to USCIS if I do not have a video of what are the contents of the envelope that I sent to the TSC while they are examining it? I feel this game is just their word against mine, I do not know what to do, of course I will send everything again and make a letter explaining what's going on, but I did this exactly a year ago! and they took a whole year more just to ask me the same information, in this case the only difference is the content of the letter and the persons who sings it I will attach the body of both letters, being the orange from September 2020 and the white from august 2021, thank you for your help again @Villanelle

 

here is an extract of the cover letter I submitted listing the evidence that was included in the September's 2020 envelope, so the info has been provided already and they say I have basically sent NOTHING what a nerve... and now they also say I filed late when my conditional GC expired in December 2020 and the I-751 was filed on March 2020!!!!

 

In response to your Request for Evidence, I submit the following:

1. Evidence of Petitioner’s Good Faith Marriage:

Exhibit number 1 Declaration of yyyy (hereinafter “Declaration of yyyy”)

Exhibit number 2 Copies of photographs (30+) of me and xxxx with friends and family spending time together in Canada and the United States.

Exhibit number 3 Copy of Due diligence addendum about a house purchase that we applied a mortgage for on early January 2019 since we wanted to start our first year of marriage having our own home, the contract to buy and sell real estate, the loan terms with our signatures on it and the denial of the mortgage loan by Stearns Lending due to xxxxx bad credit, this along with the house appraisal we paid for.

Exhibit number 4 copies of plane tickets to Boston MA on our Xxxx’s 2019 vacations, hotel and Air BnB reservations In Massachusetts and Montreal Canada, car rental contract in Boston, Airbnb reservations in Kennesaw GA before we started the process to move to GA and Xxxx was already working in Atlanta, event tickets purchase showing recreation activities we have made as a couple in a roller derby match on January 2020 in Atlanta GA.

Exhibit number 5 Copy of insurances cards/policies: Renters (Travelers and American Bankers Insurance Association), Health insurance cards/explanation of benefits for determined services;  with the name of xxxx, her son zzzzz and me as insured (Aetna, Humana and Blue cross blue shield of SC) and Car (Geico) showing both of the addresses that we have lived at during our marriage in xx and xx, also displaying both of our cars and names in the policies.

Exhibit number 6 Copy of Federal IRS Joint Income Tax Return and South Carolina State Tax Return for 2018 year along with W2 forms from xxxx and 1099 independent contractor forms from me.

Exhibit number 7 copies of xxxx’s driver’s license of Sxxxx State showing that we were living in the same address, Georgia State driver’s license showing the address to where we moved on mid 2019 (where her arrest occurred) after she was hired for a job in Atlanta GA.

Exhibit number 8 copies of several emails sent and received between xxxx and me regarding everyday activities and normal communication and information sharing between a married couple, and also emails from zzzzzz (xxxxx son) school xxxxx Elementary to me where I was registered as a contact stepparent and received his weekly academic summary.

2. Evidence of Battery and Extreme Cruelty:

Exhibit number 1 Declaration of yyyyy

Exhibit number 9 Copy of 10/25/2018 resignation email I sent to the Human Resources department of the sales job I got and xxxx made me quit in order to avoid “being out of the house for too many hours” this was the first unnoticed sign of social isolation and possessiveness.

Exhibit number 10 Copy of the Event Report of xxxx’s arrest on February 4^th, 2020, issued by xxxx County Department of Police, evidencing physical abuse suffered by me.

Exhibit number 11 Copy of Accusation emitted by the State Court Of xxxxx County xx against xxxxx with the two count of charges: 1) Simple battery family violence and 2) Disorderly conduct.

Exhibit number 12 Copy of criminal arrest warrant and affidavit for arrest emitted by the Magistrate Court of Cherokee County GA along with her proof of custody at xxxx county Jail on the day of her arrest for the last assault I suffered from her.

Exhibit number 13 Copy of 02/05/2020 Special Conditions of Bond for xxxx’s getting out of jail.

Exhibit number 14 Copies of patient summary notes from my mental health practitioner, which visit I had to schedule before time shortly after xxxx’s arrest since I was feeling very scared and upset, it shows that I am currently diagnosed and medicated for Major Depressive Disorder, and also states how bad I was feeling at the time of the office visit and her sexual demands contrary to my will.

Exhibit number 15 Copy of third party affidavits two (2) sworn and notarized, that have knowledge of my marriage and have been witnesses of abusive events committed by xxxxx against me.

Exhibit number 16 Copy of Family Violence Twelve Months Protective Order (aka restraining order) issued by the Superior Court of xxxxx County of xxx and signed by the judge on 03/11/2020 against xxxx  that I had to file in order to prevent any future assaults from her.

Exhibit number 17 Health insurance webpage (Aetna) where displays that I have no health coverage as of 02/21/2020 when xxxx cancelled my insurance policy shortly after her last assault against me showing her hostile attitude by leaving me with no health insurance benefits.

Exhibit number 18 Copy of the approval for compensation benefits by the xxxx Crime Victims Compensation Program product of the domestic violence suffered para.23 where they state that I was an innocent victim of a violent crime.

Exhibit number 19 Copy of emails sent to me by jjjjjj  the assigned Victim-Witness Advocate from ccccc County Solicitor-General’s Office with notifications regarding xxxx’s criminal case.

Exhibit number 20 Final decree of divorce signed by the judge, and also the answer with counterclaim that I submitted after she filed the petition for divorce asking for a change to the true grounds for divorce which were: primarily due to Domestic Violence and secondary due to the cruel treatment of xxxx towards me the marriage was irretrievably broken with no possibility of reconciliation. I also request in this counterclaim for her not to cancel my health insurance policy (which she still did), and to pay me her share of the credit cards debts accrued by her expenses (which she did not). I would like to also add that in the mediation phase between her attorney and me (I did not have money to pay for an attorney and had to do everything pro se) she coerced me to waive all my requests in the counterclaim or otherwise she would make me “pay thousands of dollars on attorney’s fees” so I got scared, and due to having also fear of retaliation from xxxx I had to withdraw my counterclaim pleads.

Abuse includes not only physical harm but “extreme cruelty,” which is “any act or threatened act of violence . . . which results or threatens to result in physical or mental injury . . . .” 8 C.F.R. 216.5(e)(3)(1). Acts of violence include “psychological or sexual abuse or exploitation.”

Xxxx has repeatedly acted in a violent manner towards me, and these actions have placed me in fear of serious injury and even death. On many occasions, she would force me to talk to her and give her explanations and starting discussions in the middle of the night when I returned from work. See Exhibit 1, para. 17. If I ever refused her requests, she would start hurting me, until I became too afraid to refuse her any longer. See Exhibit 1, para 15.

She insisted on me having sex with her very often and sometimes against my will. When I tried to resist her sexual advances, she would get very angry and yell at me that I had no choice but to succumb, because “I had to satisfy her as her husband”. See Exhibit 1, para 14. Xxxx repeatedly demonstrated her desire to dominate, control, and isolate me. She demanded strict obedience. She tried to prevent me from using the telephone. In fact, sometimes if XXXX found me attempting to use the phone, she would grab the phone from my hands and put it away. I was sometimes forbidden from meeting with friends and wanted me to be confined to the house, unless I was picking up zzzz from the bus stop or making an errand for her. See Exhibit 1, para. 8

Whenever XXXX felt like she was losing control, she would react violently and would shove me, shake me, grab me very strongly and scream at me. See Exhibit 1 para. 15. This pattern of Xxxx’s abuse continued for every single day that she even asked me to move to another room because I was being useless for her. See Exhibit 1, para. 17. The longer I remained in the relationship, the more difficult it became for me to break the pattern and imagine a life without Xxxx. I was especially vulnerable to her physical and emotional manipulation and domination, because I had never been married before nor had lived for so long together with a partner that also was older than me.

When I tried to reason with xxx, she would blast in anger and started to tell that I was not functioning her as a husband, she even threatened me saying that she will get the sexual things that she was not getting from me from other persons, humiliating me and destroying my self-esteem. See Exhibit 1, para. 17.

Xxxxx at the end of January requested that her paycheck to be deposited in a new account that she just had recently opened, by this way, preventing me from having any access to the money, even though I was not working due to being studying full time and babysitting her son zzzzz.

The abuse suffered by me reached a critical point in 02/04/2020 with her arrest, when I had to escape from our shared residence. See Exhibit 1, paras. 18 - 20.

Now my quality of life has severely decreased, I was a very happy, motivated and goal oriented person before her constant abuses; I suffered with both mental and physical damage, currently, I have to take prescribed antidepressants in order to cope with the crying, sadness, recurrent paranoid thoughts, nightmares and hypervigilance that I am subject of, on top of this I am also taking prescribed medications for sleeping due to the insomnia that has arisen after her last assault something that I had never experienced in my life before.

Xxxx’s battery, extreme mental cruelty and threats resulted in physical and severe behavioral-mental injury and psychological scars. These incidents therefore meet the statutory requirements of abuse.

[Villanelle 4,122]

@Albertoxxx

 

The second white RFE is saying you need to send a letter of late filing. 

 

Can you confirm the dates? They seem to think you are 5 months late. What is the date on your card for resident since? 

 

But that's all the white RFE is asking for. When someone files late they need a written letter stating the reasons why it's late and asking for it to be accepted. Without that they can not approve it hence the wording of you must establish eligibility, it's part of that. They are not rejecting any thing you sent or denying receipt of such. They are asking for one more specific piece of evidence to establish eligibility - the letter for late filing. 

 

Which brings us back to why do they think you are late? Did you calculate back the amount of days they say you are to see when they think it was? 

[Albertoxxx 3]

1 hour ago, Villanelle said:

@Albertoxxx

 

The second white RFE is saying you need to send a letter of late filing. 

 

Can you confirm the dates? They seem to think you are 5 months late. What is the date on your card for resident since? 

 

But that's all the white RFE is asking for. When someone files late they need a written letter stating the reasons why it's late and asking for it to be accepted. Without that they can not approve it hence the wording of you must establish eligibility, it's part of that. They are not rejecting any thing you sent or denying receipt of such. They are asking for one more specific piece of evidence to establish eligibility - the letter for late filing. 

 

Which brings us back to why do they think you are late? Did you calculate back the amount of days they say you are to see when they think it was? 

issue date for conditional Green card December 14th 2018, expiration date: December 14th 2020. Date of filing I-751 March 19th 2020 (9 months prior to expiration date because i was being abused and i escaped from the house), so March 2020 is before December 2020. How can I be late if I did it early? in the white letter they also say in the second paragraph that i indeed filed in March 19th 2020 but that I did not submit evidence of abuse (elegibility for this waiver) which I definitely did. They are contradicting themself in this letter with the timing lol

[Villanelle 4,122]

@Albertoxxx

 

And the issue date of Dec 14 2018 is the correct date you were approved? 

 

Sometimes incorrect dates get printed on the cards and it can cause confusion on ROC dates.

 

If you entered as a CR spouse then your resident since date is the day you entered. Your passport stamp will show this date.

 

If you filed AOS then you may have had an interview or been approved w/o. You would have gotten an approval notice as well as the gc showing the date issued is the same as the date it was approved. 

 

The RFE is suggesting your ROC was due end of September 2019 so you were 5 months 22 days late when you filed it March 19 2020. This would mean your conditional greencard would have been approved September 2017 and expired September 2019. 

 

Were you even in the US September 2017? If not it appears this RFE was sent out in error (or something in their system is displaying the incorrect date they have to correct). So as response you would need to send a simple letter stating you did not file ROC late so no letter of explanation is needed and provide the relevant dates and copies of the documents showing them. 

 

And once again- the RFE starts by listing the form you filed (751) and the waiver selection. It then goes on to say you didn't establish you are eligible to file this. Why? Because you didn't include the late filing reason. Late filings must have a late filing explanation included .

 

It does not say you didn't submit evidence of abuse (eligibility for waiver) but rather you submitted this (751 abuse waiver) and you did not submit all the evidence required with it to show you are eligible, specifically the late filing explanation. Does that make sense? If you were to cut/paste out the waiver type the letter would be the same if you filed a joint 751 or a divorce waiver one. If its late you need the explanation letter or you are not eligible to file. So it would say you didn't establish eligibility for a joint 751 or a divorce waiver one. 

 

 

[Albertoxxx 3]

I got my Conditional green card via AOS and the approval interview happened in December 14th 2018 which is the issue date printed on the card. I have been in the US since 2015 in a B1/B2 visa and then adjusted my status as a LPR in December 2018. So I'm not understanding what's going on. I did submit evidence of being a victim in March 2020, and I have never filed anything late as they are claiming. Can you please further explain @Villanelle? I didn't quite understood all the things you said.

[da95826 387]

 

2 hours ago, Albertoxxx said:

I got my Conditional green card via AOS and the approval interview happened in December 14th 2018 which is the issue date printed on the card. I have been in the US since 2015 in a B1/B2 visa and then adjusted my status as a LPR in December 2018. So I'm not understanding what's going on. I did submit evidence of being a victim in March 2020, and I have never filed anything late as they are claiming.

The RFE was sent in error, there is no time limit for a i751 WAIVER application, you can't file it too early or too late. You need to indicate the instruction 2 allows you to file when you did.

 

Instruction 2 from USCIS i751 form When do I file instructions:

"Filing with a request that the joint filing requirement be waived or individually filed. You may file Form I-751 without your spouse if they are deceased, you are divorced, or you and/or your conditional resident child were battered or subjected to extreme cruelty. You may file this petition at any time after you are granted conditional resident status and before you are removed from the United States."

 

An i751 waiver case can not be filed early or late while you are stil in USA.

Edited September 1, 2021 by da95826