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I-751 - Petition to Remove Conditions on Residence

By Samrat in Removing Conditions on Residency General Discussion

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Samrat Rookie

Samrat   1

Posted
Filed: Lift. Cond. (apr) Country: India
 Timeline
Posted

Hello Friends,

I have a situation and not sure how to move ahead with it.

 

  1. I was married got my Green card
  2. After 2 years of conditions me and my Ex filed for I-751(Jointly) to remove my conditions and during the process we got divorced.
  3. I filed I-751 ( Basis of Good faith marriage)
  4. My 1st I-751 was approved and i was issues a green card .
  5. I contacted my lawyer and told him that 2nd I-751 petition is still in process and requested him to withdraw, but my lawyer informed that USCIS will automatically drop the 2nd I-751 as i have been issues a green card.
  6. This month i received a letter to appear for an interview on my 2nd I-751 to remove conditions - I contacted my lawyer and he was surprised too see USCIS still was working on that case.
  7. Now we have send a Affidavit to USCIS providing my 1st I-751 (GC Approved) & 2nd I-751 ( Interview), requesting to withdraw the 2nd I-751.

 

My question " what would USCIS do now"? I am worried and same way having sleepless nights thinking about the hoops i might have to go again.

Any suggestions would be greatly appreciated.

Samrat.

Boiler Grand Master

Boiler   45,753

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

SO the one that was approved, was it approved with a divorce waiver.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

mindthegap Experienced

mindthegap   2,590

Posted
Filed: Lift. Cond. (pnd) Country: United Kingdom
 Timeline
Posted

 

Why on earth did you file a second one, instead of simply sending a letter requesting the existing joint I-751 was switched to a solo divorce waiver filing?  Did your lawyer tell you to do this (and presumably also charge you for it?)

 

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. 

 

Samrat Rookie

Samrat   1

Posted
Filed: Lift. Cond. (apr) Country: India
 Timeline
  • Author
Posted

My lawyer informed me to file a new i-751( good faith marriage.)

 

joint I -751 was approved and I was given a 10 years GC.UsCIS probably did not take my 2nd I-751 in consideration before they approved my green card . 


it’s totally a mess and I am not sure if my lawyer himself is well informed with the ways and rules . 

 

 

arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
Posted

Your first i751 approval is a mistake. It may hunt you down the road during naturalization. You should have informed USCIS about your divorce on your pending i751. I guess you just left it as is and filed for a new one with divorce waiver.

 

I would say, appear for the interview, tell them what happened. They might cancel the old one and approve for the new one without making a big issue.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Samrat Rookie

Samrat   1

Posted
Filed: Lift. Cond. (apr) Country: India
 Timeline
  • Author
Posted

I contacted Uscis and they asked me to submit a affidavit with my 1st & 2nd i751 Details , Aliean number and a brief description on why to with draw the 2nd I-751. 
 

I sent it 2 weeks back and now waiting for them to reply. Mean while my lawyer says no need to attend interview. 
 

I was going to call USCIS again today and check if there is any update. 

  • Popular Post
mindthegap Experienced

mindthegap   2,590

Posted
Filed: Lift. Cond. (pnd) Country: United Kingdom
 Timeline
  • Popular Post
Posted (edited)

I wouldn't listen to your lawyer about not attending.....did he get his law degree free in a cereal box?

 

So you did notify USCIS of the divorce as required after it happened and before approval.....just in a very backwards and weird way - so this now needs proper attention.

Just not showing up could end up in a world of hurt and hassle to sort out.

 

Attend the interview, explain it clearly in person. This is a FAR better option than attempting to do it via mail or an infopass - at interview you will be directly in front of someone who will actually have the power to do things or correct things, and tend to be more clued up. It is presumably a couple of hours out of your life - better than the alternative of months or years trying to get it sorted after they issue a denial for the no-show.

 

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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