I-751 with abuse waiver

[Villanelle 4,122]

Yes. 

[newyorker94 5]

1 hour ago, Villanelle said:

Yes. 

Thank you so much for being helpful. I really appreciate it!

[Demise 1,289]

On 11/18/2020 at 7:58 AM, newyorker94 said:

Does that mean if I checked the abuse waiver along with divorce and hardship, I'll still qualify for the 3 years assuming they were approved?

Only assuming the abuse waiver is approved. Considering that I-751 allows you to seek multiple waiver grounds on one application, you can end up with an application that's essentially "Approved in part and denied in part".

Lets say that you filed I-751 seeking a waiver filing on following grounds:

Entered marriage in good faith, was subjected to abuse during it (VAWA waiver)

Entered marriage in good faith, divorced

Removal would cause you extreme hardship

 

It is possible that USCIS would approve the first two grounds but decide that you do not meet the extreme hardship ground. In this case you get your 10 year green card and your N-400 remains prima facie eligible for approval, meaning that it can proceed, you are legally eligible to naturalize under the 3 year rule due to the VAWA waiver.

 

It is also possible that USCIS would only approve the second ground. You will get the 10 year green card, but since you don't fall under VAWA you need to wait until 5 years are up to naturalize, meaning the N-400 has to be denied.

[fromthewater 11]

On 11/19/2020 at 6:53 PM, Demise said:

It is possible that USCIS would approve the first two grounds but decide that you do not meet the extreme hardship ground.

 

It is also possible that USCIS would only approve the second ground.

 

On 11/15/2020 at 9:39 AM, Villanelle said:

You will not file under divorce+abuse and only be approved as divorce or vice versa. 

These two scenarios seem to contradict a little. Is it possible that USCIS only approves based part of the checked boxes, or they would only approve all or none?

[Villanelle 4,122]

2 hours ago, fromthewater said:

 

These two scenarios seem to contradict a little. Is it possible that USCIS only approves based part of the checked boxes, or they would only approve all or none?

It depends on how literally you interpret the word approves. The 751 form is unique in that it has several waiver boxes you can check off. If you check any off you have to prove what you check. You can also add or drop boxes by amending it. The changes have to come from you though. USCIS has an obligation to adjudicate what you send and will not add or remove boxes on their own. So if you check multiple boxes and do not qualify to be approved under one or more of what you checked you will get an RFE explaining which you haven't established and it asks for additional evidence to establish you qualify. So if that happens it's accurate to say you were approved for some but not all. It's a 'soft' unofficial approval though, you would have to then ammend your filing to only contain the boxes you qualify for- then you would be approved for the filing they have left in front of them. Or you submit evidence to show you do qualify for the boxes you selected.  Again they will not drop boxes you selected or add boxes you didn't check. The changes have to come from you. 

 

Many people select multiple boxes and are told they qualify for approval on some but not all the boxes they checked. The form has to either be amended or additional evidences added because at the end USCIS needs to have a form that contains only the boxes checked that can and are approved. 

[fromthewater 11]

On 11/26/2020 at 3:57 AM, Villanelle said:

because at the end USCIS needs to have a form that contains only the boxes checked that can and are approved. 

Thanks for the explanation.

 

Question on N-400 after I-751.

If a petitioner had Abuse waiver on their I-751 (whether it was the only one, or one of the grounds) :

Scenario 1: The petitioner got approved based on DV. Then can the petitioner apply for N-400 online?

Scenario 2: The petitioner got approved based on Good Faith or any other grounds, and had to drop DV. Then can the petitioner apply for N-400 online?

 

After I-751 is approved and closed, are future applications still restricted to paper filing only when a petitioner was once associated with DV?

Edited November 30, 2020 by fromthewater

[Sandra G. 5,048]

On 11/7/2020 at 9:09 AM, newyorker94 said:

Hello! Yes, I did use an attorney to file and he advised to check all 3 boxes and we gathered all sufficient evidence, although the extreme hardship was mostly in the written statement along with the divorce and abuse. I submitted the divorce decree without an RFE and as of yesterday, November 6, my N400 interview was scheduled without the letter in the document tab which should take about a few days.

 

So my question would be, how likely will it be a combo interview? I have an InfoPass appointment and was thinking I could ask the officer who will give me the I-551 stamp I requested what the process will be like. I really hope this works out and this will all be over soon. I really, really appreciate your response as I have been reading cases similar to mine in different forums and always found your reply to be super helpful. Bless your heart!

 The infopass will not inform you how  long it will take to adjudicate your l751, they will inform just the timeline specified in the uscis website .

 

 The l751 based on extreme cruelty is taking around 18 months, it’s the same time they are taking to adjudicate Vawa cases.

[Villanelle 4,122]

8 hours ago, fromthewater said:

Thanks for the explanation.

 

Question on N-400 after I-751.

If a petitioner had Abuse waiver on their I-751 (whether it was the only one, or one of the grounds) :

Scenario 1: The petitioner got approved based on DV. Then can the petitioner apply for N-400 online?

Scenario 2: The petitioner got approved based on Good Faith or any other grounds, and had to drop DV. Then can the petitioner apply for N-400 online?

 

After I-751 is approved and closed, are future applications still restricted to paper filing only when a petitioner was once associated with DV?

Currently the n400 online system can be used by those who are filing under 3 year LPR + marriage to USC or 5 yr LPR status only. If you are filing based on any other reason then you must use paper. So for those filing at 3yrs based on approved VAWA 360 or approved 751 needs to file on paper. Im not sure if the reason you cant use the online system is specifically because of the DV privacy regulations or just a poor design. Those in the military often qualify for naturalization outside of the standard 3/5yrs and they also need to file on paper and can not use the online system.  

[fromthewater 11]

On 11/30/2020 at 9:30 AM, Villanelle said:

Currently the n400 online system can be used by those who are filing under 3 year LPR + marriage to USC or 5 yr LPR status only. If you are filing based on any other reason then you must use paper. So for those filing at 3yrs based on approved VAWA 360 or approved 751 needs to file on paper. Im not sure if the reason you cant use the online system is specifically because of the DV privacy regulations or just a poor design. Those in the military often qualify for naturalization outside of the standard 3/5yrs and they also need to file on paper and can not use the online system.  

Thank you! This was the easy and clear answer I needed!

I tried searching about it with no clear indication on this.

 

 

Also wondering, outside of COVID, how long does it "usually" take USCIS to make a decision after receiving RFE? 60 days?

What is the current trend now?

Edited December 2, 2020 by fromthewater

[newyorker94 5]

Hey guys, when I had my InfoPass Appointment, the officer said that my case was not in Vermont but rather in the local office. Wish me luck on my interview on Monday! I really don't know what's going to happen.That's the only thing I'm so nervous about - will they even do a combo or if they don't, they might just deny my N-400.

[TBoneTX 45,312]

Good luck, friend... full report, please.

[fromthewater 11]

On 11/30/2020 at 9:30 AM, Villanelle said:

Currently the n400 online system can be used by those who are filing under 3 year LPR + marriage to USC or 5 yr LPR status only. If you are filing based on any other reason then you must use paper. So for those filing at 3yrs based on approved VAWA 360 or approved 751 needs to file on paper. Im not sure if the reason you cant use the online system is specifically because of the DV privacy regulations or just a poor design. Those in the military often qualify for naturalization outside of the standard 3/5yrs and they also need to file on paper and can not use the online system.  

Hello @Villanelle

 

If a CR6 holder filed I-751 with both Divorce-Good Faith and DV and was approved, how do they know if they were approved based on Divorce-Good Faith or DV?

Does their CoA change?

For example, if their Approval Notice with CoA: IR6, does this mean it was approved based on Divorce or does it mean it was approved based on DV? Or does this say nothing?

On the contrary, should their CoA change if they were approved based on DV? Like changing from CR6 to IB0 or IB5?

 

If the notice doesn't say, would the next step be to mail USCIS to find out what ground or file for an FOIA?

Could they find out over the phone or online? Or can they not because they have a DV case and all correspondence has to be on paper?

How to find out what ground was approved in order to know the eligibility for N-400?

 

 

On 12/10/2020 at 3:15 PM, newyorker94 said:

Hey guys, when I had my InfoPass Appointment, the officer said that my case was not in Vermont but rather in the local office. Wish me luck on my interview on Monday! I really don't know what's going to happen.That's the only thing I'm so nervous about - will they even do a combo or if they don't, they might just deny my N-400.

Any update on your interview and application status?

Edited December 19, 2020 by fromthewater

[Villanelle 4,122]

On 12/19/2020 at 4:24 PM, fromthewater said:

 

As stated whatever waiver boxes you check off is what they will adjudicate. They will not remove check boxes on their own, so if you check off divorce + abuse they will evaluate you for both divorce and abuse and you must establish both. You however can remove check boxes at any point usually with no issue. If for some reason they refuse to remove a check box (which is very rare) you would then need to submit a new 751 with only the check boxes you want. So you have to assume if you checked off abuse and did not ask to having it removed (either because you asked for it to be removed on your own or they suggest you are not eligible and ask if you want to remove it and you agree- which is basically asking them to remove it yourself as well) then you were approved for what you submitted. If no changes were made you were approved under what you submitted. 

 

I dont really pay attention to categories printed on the GCs so I am not sure what the category is printed on those who were approved ROC with abuse waiver (or multiple waiver types that included abuse). There are some recent threads for approvals from those who used abuse waivers. You can post there and ask the user what category was printed on their GC if you would like. 

 

Typically when you send the n400 they review it before cashing your check to see that you are in fact eligible to file on the date you did, so if you file the n400 before the window is open it will be rejected and your package returned along with the payment. 

[fromthewater 11]

On 12/27/2020 at 7:54 AM, Villanelle said:

So you have to assume if you checked off abuse and did not ask to having it removed (either because you asked for it to be removed on your own or they suggest you are not eligible and ask if you want to remove it and you agree- which is basically asking them to remove it yourself as well) then you were approved for what you submitted. If no changes were made you were approved under what you submitted. 

So if an approval was made to a form checked with both "divorce" and "abuse", it is assumed that case was approved based on "abuse" or both "divorce and abuse"?

 

USCIS did not ask or suggest to untick any box before approving.

[TBoneTX 45,312]

2 hours ago, fromthewater said:

both "divorce and abuse"

If both were checked, it's this.