I-751 with abuse waiver

[fromthewater 11]

37 minutes ago, TBoneTX said:

If both were checked, it's this.

 

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

So you have to assume if you checked off abuse and did not ask to having it removed then you were approved for what you submitted. If no changes were made you were approved under what you submitted.  

 

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

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. 

 

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

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.

 

Sorry for going on circles here.

 

I am seeing 2 different theories in regard to this topic, and would love to find out what is actually how USCIS works.

1) If you are approved without unchecking any boxes, then you are approved based on ALL boxes checked in the form.

2) You can check multiple boxes, but in the end, USCIS will approve based on ONLY ONE ground.

 

I have also heard from multiple immigration attorneys from different geo-locations that agree with the 2) scenario, which is even though they did not suggest you to untick any box, you were approved based on ONLY ONE ground. And they suggest calling/infopass/writing letter/FOIA to find out which ground was the exact and only one USCIS approved based on.

 

However, on the forum, I am seeing people saying both, and some say you fulfilled ALL grounds.

 

So I just would really like to know what is actually true to USCIS in order to know N-400 eligibility.

I would have tried to send N-400 and see if they cash it, except that I have been told by attorneys and reading on the forum that they sometimes would just cash it anyway without checking your eligibility, and some worse cases include they did were not rejected until later in the process or during the interview to be told that they filed early... So they had to restart all over......

 

If only USCIS always specified which ground/grounds they approved based on in the approval notice to save this confusion...

[Villanelle 4,122]

3 minutes ago, fromthewater said:

 

Dont apologize for asking questions  Thats why we are all here right?

 

In what you wrote above #2 is incorrect "2) You can check multiple boxes, but in the end, USCIS will approve based on ONLY ONE ground." This statement is NOT true.

 

So lets start over. When you submit a form they are required to process it as you submitted it. They can not make changes to it on their own. I think this is the part you are missing. Changes can be made to the form but they can not change it on their own. You can request a change to what you submitted if theres an error or you checked off the wrong box somewhere, and you can do this at anytime before its adjudicated by sending a signed written letter in the mail, or correcting it in person at the interview either verbally or in writing. Remember USCIS is very bureaucratic. There has to be something from you showing the change.

 

So if you send a 751 with the abuse and divorce waiver boxes checked off thats what it is and it wont change unless you know about it. 

 

possible scenarios:

You check abuse and divorce - approved for both

You check abuse and divorce - denied for both

You check abuse and divorce - told you dont qualify for abuse so you can either send additional evidence or drop the abuse box in which case--->

You change from abuse and divorce to divorce only - which is then approved or denied or

You do not change and keep both divorce and abuse and send additional evidence- which brings us back to approved or denied result above. 

 

 

 

 

[fromthewater 11]

5 minutes ago, Villanelle said:

Dont apologize for asking questions  Thats why we are all here right?

 

In what you wrote above #2 is incorrect "2) You can check multiple boxes, but in the end, USCIS will approve based on ONLY ONE ground." This statement is NOT true.

 

So lets start over. When you submit a form they are required to process it as you submitted it. They can not make changes to it on their own. I think this is the part you are missing. Changes can be made to the form but they can not change it on their own. You can request a change to what you submitted if theres an error or you checked off the wrong box somewhere, and you can do this at anytime before its adjudicated by sending a signed written letter in the mail, or correcting it in person at the interview either verbally or in writing. Remember USCIS is very bureaucratic. There has to be something from you showing the change.

 

So if you send a 751 with the abuse and divorce waiver boxes checked off thats what it is and it wont change unless you know about it. 

 

possible scenarios:

You check abuse and divorce - approved for both

You check abuse and divorce - denied for both

You check abuse and divorce - told you dont qualify for abuse so you can either send additional evidence or drop the abuse box in which case--->

You change from abuse and divorce to divorce only - which is then approved or denied or

You do not change and keep both divorce and abuse and send additional evidence- which brings us back to approved or denied result above. 

 

 

 

 

Thank you, @Villanelle.

 

So what you are saying is that if you checked both divorce and abuse, and were approved, then you are approved for both. In that case, you qualify for N-400 under the 3-year rule?

 

I just know that sometimes you check multiple boxes and were approved without unticking anything, the approval notice would still say something like "approved as a waiver of the joint filing requirement under INA 216(c)(4)(C)" for example. In that case it kind of suggest even though you ticked 2, you were approved based on only one of them.

 

It would also be interesting that so many attorneys out there are saying you need to find out which ground you were approved based on, when in fact, if you did not untick anything, you were approved based on ALL grounds...

[Villanelle 4,122]

I-751 petitioners requesting a waiver of the joint filing requirement are instructed to select all applicable circumstances when asked to explain why they are unable to file a joint petition. However, the I-751 approval notice does not identify the basis for the approval (e.g., battered, or was the subject of extreme cruelty, by U.S. citizen or Legal Permanent Resident (LPR) spouse). As this may have an impact on when the individual is eligible to file for naturalization, how can I-751 petitioners learn the basis for approval of their Form I-751 when more than one reason was selected on the form?

1. USCIS Response: If USCIS approves the Form I-751 because the individual has established eligibility for a waiver of the joint filing requirement due to abuse or extreme cruelty, the approval notice will include the following language: Your request for the removal of the conditional basis of your permanent resident status has been approved as a waiver of the joint filing requirement under the Immigration and Nationality Act (INA) section 216(c)(4)(C).The approval notice will not include this sentence if your Form I-751 was approved because the individual established eligibility as a joint filing or under one of the other waiver provisions.

The above was taken from -https://www.dhs.gov/publication/follow-questions-and-answers-uscis-processing-concurrently-pending-forms-n-400-and-forms (Oct 2020) So its current.

 

 

Attnys tend to give general advice especially in blogs or Q&A type postings you find on the internet. Im not an attny so I cant quote to you the  specifics of the legal reasons why they do that- but its the same concept which causes the fine print you often find (this is not legal advice and does not establish an attny client relationship). Regardless, a statement of 'you need to know what grounds you were approved on' is a valid statement. A blanket statement of 'you are approved based on whatever you checked' is not always true. The grounds can change but as I explained they can only change if you agree to the change. Many people are clueless on what they file and/or the overall process. 

[littlefrench 8]

On 12/28/2020 at 8:08 PM, fromthewater said:

Thank you, @Villanelle.

 

So what you are saying is that if you checked both divorce and abuse, and were approved, then you are approved for both. In that case, you qualify for N-400 under the 3-year rule?

 

I just know that sometimes you check multiple boxes and were approved without unticking anything, the approval notice would still say something like "approved as a waiver of the joint filing requirement under INA 216(c)(4)(C)" for example. In that case it kind of suggest even though you ticked 2, you were approved based on only one of them.

 

It would also be interesting that so many attorneys out there are saying you need to find out which ground you were approved based on, when in fact, if you did not untick anything, you were approved based on ALL grounds...

Hi, what @Villanelle is saying is true but only in part.

First of all, abuse waivers are NOT processed at VSC. That's a common assumption that people make but it's wrong, since these waivers are connected to VAWA. They are processed like any other case in the Service Center where you filed, and they can be transferred to help with backlogs. I learned this myself: never listen to what USCIS tells you on the phone, especially regarding abuser waivers. I still remember when during an info pass appointment an officer told me that there are no waivers for I-751.

 

Regarding the multiple boxes issue, there isn't any official policy from USCIS on how to approach this. You can check all the boxes that apply to your case but every ground will be considered individually. Your case won't be denied if you qualify for the divorce waiver but not for the abuse one, and there is no requirement for you to uncheck one of the boxes do avoid a denial. However, people checking multiple boxes are almost always called in for an interview, and if the officer has any doubt on how to approve your form, it's often resolved in that setting. 

 

NOTE: I see a lot of people criticizing the choice of checking multiple boxes. This is important in one situation: if/when your I-751 gets denied and you are sent to removal proceedings, you can renew your petition in from of an immigration judge. The judge can review only the grounds that you filed with USCIS. That's why many attorneys advise to check multiple boxes. 

[fromthewater 11]

On 12/30/2020 at 9:20 AM, Villanelle said:

The above was taken from -https://www.dhs.gov/publication/follow-questions-and-answers-uscis-processing-concurrently-pending-forms-n-400-and-forms (Oct 2020) So its current.

  

@Villanelle

I actually read this page a while back. However, it is believed that in practice, this policy is not rolled out consistently among USCIS officers across the country...

 

I suppose I will just have to do an FOIA request to find out what ground it was based on.

[fromthewater 11]

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.

Would love to know if there's any news on your case!

[Villanelle 4,122]

@littlefrench Thank you for the clarifications. It can be hard to give advice on the forums because there are so many variables.  I think we all agree though that the lack of consistency is a huge part of the current problems with USCIS. Yes, technically any service center can process abuse waiver 751s. Their goal (was and still is I believe) to get them all sent and processed by VSC because those officers are trained for abuse cases. Personally if I had an abuse 751 pending I would want it to go to VSC. Sadly there are still far too many people who minimize abuse- some of which are immigration officers. If one has an abuse 751 waiver pending and its not located at VSC- thats fine, nothing wrong with that. Those filing abuse waivers should expect their case to go to VSC - same as those who file other forms can expect their form to be handled by the service center based on their address dictated- however workloads can be moved as they see fit. 

 

As you said the official policy on waivers is not as clear cut as it should be. Policy clarifications have been issued in the past but they too are written in a confusing way. The 751 is also unique in that you can file it multiple times at any point up to the very end- which is a Judge terminating your status. You can fill out multiple waivers on one form or you can file multiple forms paying each time with varying boxes checked. The bottom line though is everything you send to them they have a duty to process. They cant just ignore it or leave it pending. At the end of the day so to speak everything has to be officially closed out in the system one way or another. 

 

I have never heard of anyone sending a 751 with divorce + abuse checked and USCIS chooses to approve the divorce waiver and simply ignores the abuse waiver submitted. If they feel you dont qualify for the abuse waiver you will be told- first with the RFE asking for additional evidence of such. If you then submit additional evidence yet they still dont feel you qualify then as you said above you will end up in an interview where its resolved, which usually means removing boxes you dont qualify for or separating them into separate petitions.  When you have separate petitions with varying waiver types on each its a bit different because as noted above you can have multiple 751s pending at the same time. In those cases when one of the petitions are approved the remaining petitions are then closed out since they are then considered requests for something you already have if that makes sense. Its the same concept as applying for a GC when you have one. It will be closed out because you already have the benefit you are asking for. Most Officers are not very forthcoming about procedures so its very common for people to end up confused about what exactly happened in their case files from a technical perspective. I suppose the best advice is if you submitted multiple waiver types (on one form) and were issued an approval with no RFE or interview then you should assume you were approved for all the waiver types. If the same and you were RFEd and responded and approved then again you should assume you satisfied all the boxes. If you were interviewed then you need to reflect back on the interview to determine if waiver boxes were removed or dropped. If you are unsure then they probably werent dropped because when they are you are usually told this in a direct fashion. 

 

The above is just my personal understanding of the process and I would encourage anyone with any experience of having submitted multiple waiver types (specifically abuse +divorce) and ended up having the abuse box dropped to share their stories. 

[littlefrench 8]

On 1/9/2021 at 9:46 AM, Villanelle said:

@littlefrench Thank you for the clarifications. It can be hard to give advice on the forums because there are so many variables.  I think we all agree though that the lack of consistency is a huge part of the current problems with USCIS. Yes, technically any service center can process abuse waiver 751s. Their goal (was and still is I believe) to get them all sent and processed by VSC because those officers are trained for abuse cases. Personally if I had an abuse 751 pending I would want it to go to VSC. Sadly there are still far too many people who minimize abuse- some of which are immigration officers. If one has an abuse 751 waiver pending and its not located at VSC- thats fine, nothing wrong with that. Those filing abuse waivers should expect their case to go to VSC - same as those who file other forms can expect their form to be handled by the service center based on their address dictated- however workloads can be moved as they see fit. 

 

As you said the official policy on waivers is not as clear cut as it should be. Policy clarifications have been issued in the past but they too are written in a confusing way. The 751 is also unique in that you can file it multiple times at any point up to the very end- which is a Judge terminating your status. You can fill out multiple waivers on one form or you can file multiple forms paying each time with varying boxes checked. The bottom line though is everything you send to them they have a duty to process. They cant just ignore it or leave it pending. At the end of the day so to speak everything has to be officially closed out in the system one way or another. 

 

I have never heard of anyone sending a 751 with divorce + abuse checked and USCIS chooses to approve the divorce waiver and simply ignores the abuse waiver submitted. If they feel you dont qualify for the abuse waiver you will be told- first with the RFE asking for additional evidence of such. If you then submit additional evidence yet they still dont feel you qualify then as you said above you will end up in an interview where its resolved, which usually means removing boxes you dont qualify for or separating them into separate petitions.  When you have separate petitions with varying waiver types on each its a bit different because as noted above you can have multiple 751s pending at the same time. In those cases when one of the petitions are approved the remaining petitions are then closed out since they are then considered requests for something you already have if that makes sense. Its the same concept as applying for a GC when you have one. It will be closed out because you already have the benefit you are asking for. Most Officers are not very forthcoming about procedures so its very common for people to end up confused about what exactly happened in their case files from a technical perspective. I suppose the best advice is if you submitted multiple waiver types (on one form) and were issued an approval with no RFE or interview then you should assume you were approved for all the waiver types. If the same and you were RFEd and responded and approved then again you should assume you satisfied all the boxes. If you were interviewed then you need to reflect back on the interview to determine if waiver boxes were removed or dropped. If you are unsure then they probably werent dropped because when they are you are usually told this in a direct fashion. 

 

The above is just my personal understanding of the process and I would encourage anyone with any experience of having submitted multiple waiver types (specifically abuse +divorce) and ended up having the abuse box dropped to share their stories. 

Hi @Villanelle ! Hope you are doing well. Thanks for posting this.

 

There have been increasing efforts in pressuring USCIS to have VSC process abuse waivers. To your point this is helpful because WAVA adjudicators are better trained and this is important especially when abuse waivers are based on psychological abuse (extreme cruelty). Seems like many adjudicators in other service centers lack the appropriate training and sometimes they deny abuse waivers if there isn't any physical abuse. However, most of them I suppose get approved when reviewed "de novo" in removal proceedings.

 

Note: I just wanted to highlight again though that VSC currently doesn't process any I-751 waivers. If they do, it's just to help other service centers with workload but it's not common policy. Again, I-751 abuse waiver are routinely adjudicated by the various service centers like any other I-751 form.

 

I agree with you on how USCIS approaches multiple waivers filings. 

 

 

[newyorker94 5]

Hello everyone, I have some news to share. I tried my best to stay out of the forums before today.

 

After countless hours of research on forums and even pushback from my lawyer saying not to apply for the N-400 since they don't do combo interviews for I-751 waiver cases, I still did it because I swore what I was reading was accurate and I concluded it was actually possible. I'm happy to say that yesterday, January 27th, I became an American citizen!

 

Here's my timeline copied from the USCIS website:

 

I-751

 

 

December 17, 2020 Card Was Delivered To Me By The Post Office

December 18, 2020 The Post Office picked up mail containing your new card.

December 17, 2020 We mailed your new card your Form I-751, Petition to Remove Conditions on Residence, directly to the address you gave us.

December 15, 2020 We approved your Form I-751, Petition to Remove Conditions on Residence.

December 14, 2020 We ordered your new card.

December 14, 2020 We updated your name for your Form I-751, Petition to Remove Conditions on Residence.

July 1, 2019 The fingerprints relating to your Form I-751 Petition to Remove Conditions on Residence, were taken.

April 1, 2019 We received your Form I-751, Petition to Remove Conditions on Residence.

 

N-400

 

January 27, 2021 Certificate Of Naturalization Was Issued

December 16, 2020 We scheduled you for an oath ceremony for your Form N-400, Application for Naturalization.

December 14, 2020 Your Form N-400, Application for Naturalization, was placed in line for oath ceremony scheduling.

December 14, 2020 We recommended that your Form N-400, Application for Naturalization, be approved. Your case was submitted for quality review.

November 6, 2020 We scheduled an interview for your Form N-400, Application for Naturalization.

March 13, 2020 We are actively reviewing your Form N-400, Application for Naturalization. Our records showed nothing is outstanding at this time.

March 7, 2020 We scheduled you for a biometrics appointment

February 28, 2020 We received your Form N-400, Application for Naturalization, and mailed you a receipt notice. It is being processed at our E-Filed Case Processing Section location.

 

----------

 

I went to my interview nervous as hell on December 14th. The officer called me 40 minutes after my scheduled interview and we proceeded to do the N-400 interview. I passed all the tests and he had me verify my information. He didn't talk about the I-751 at all - he just asked if I had additional evidence to provide, so I provided updated phone records of me calling the Domestic Violence Hotline and my ex-spouse calling spas with happy ending massages, which he actually admitted to when we were still together. It went very smoothly and the officer was very kind.

 

I woke up at 6am the next morning and opened the Visa Tracker App and found that I was approved. It felt surreal! I just couldn't believe it. I told everyone who knew my story (people who are close to me, obviously) and they were all so happy for me. They scheduled the oath taking for January 27 (yesterday). I went to Spain for the holidays on December 17 and came back on January 10, before the two-week mandatory quarantine period.

 

On the check-in for the ceremony, they asked me where I went and what I did there, which was very simple to answer. They took notes and on I went to get seated. I was given the welcome package in an envelope containing the passport application, voter's registration, etc. and the ceremony started right away. We were all social distanced and wearing masks (obvs). We recited the Pledge of Allegiance and USCIS gave us information on the brochures inside the welcome package. We then proceeded to get our certificated, and that was the end of it. We clapped for each other as there were no guests allowed. No pictures, either.

 

I walked out and felt like I was floating. I actually still am at the moment. I remember my cousin who lived in Arizona who literally went through the same thing. She gave up and went back home. I guess it wasn't worth it for her. I didn't give up because I've built a life here and am quite established at this point. I was determined to stay and did everything I could to make it work.

 

So, for any of you reading this and waiting for a decision or still thinking of doing it, just go for it if you think you want to stay here. Fight for it and do the research. Get your documents together and make sure you're organized. Review your documents before your interview because everyone's case is different, as well as the IO that will interview you will have a different approach.

 

This forum has helped me a lot and I'm so proud to finally become American! Good luck to you all and thank you for everyone who so kindly responded to my inquiries. Special s/o to @Villanelle!

Take care y'all. I'll be here if you have any questions.

[fromthewater 11]

On 1/28/2021 at 7:14 AM, newyorker94 said:

Hello everyone, I have some news to share. I tried my best to stay out of the forums before today.

 

After countless hours of research on forums and even pushback from my lawyer saying not to apply for the N-400 since they don't do combo interviews for I-751 waiver cases, I still did it because I swore what I was reading was accurate and I concluded it was actually possible. I'm happy to say that yesterday, January 27th, I became an American citizen!

Wow! Congratulations! This is an incredible story and the only 3-yr naturalization under DV I have seen. So happy for you!!!

Edited February 1, 2021 by fromthewater

[B C 18]

On 12/28/2020 at 7:58 PM, Villanelle said:

........

So if you send a 751 with the abuse and divorce waiver boxes checked off thats what it is and it wont change unless you know about it. 

 

possible scenarios:

You check abuse and divorce - approved for both

You check abuse and divorce - denied for both

You check abuse and divorce - told you dont qualify for abuse so you can either send additional evidence or drop the abuse box in which case--->

You change from abuse and divorce to divorce only - which is then approved or denied or

You do not change and keep both divorce and abuse and send additional evidence- which brings us back to approved or denied result above. 

 

On 12/31/2020 at 12:02 PM, littlefrench said:

........

Regarding the multiple boxes issue, there isn't any official policy from USCIS on how to approach this. You can check all the boxes that apply to your case but every ground will be considered individually. Your case won't be denied if you qualify for the divorce waiver but not for the abuse one, and there is no requirement for you to uncheck one of the boxes do avoid a denial. However, people checking multiple boxes are almost always called in for an interview, and if the officer has any doubt on how to approve your form, it's often resolved in that setting. 

NOTE: I see a lot of people criticizing the choice of checking multiple boxes. This is important in one situation: if/when your I-751 gets denied and you are sent to removal proceedings, you can renew your petition in from of an immigration judge. The judge can review only the grounds that you filed with USCIS. That's why many attorneys advise to check multiple boxes. 

Great Thread & lots of discussion related to my personal case. Thanks all.

 

My questions:

 

1. If I (My attorney insisted) checked only Abuse box, file in Oct 2020, can I (& how) also check the divorce waiver box too? Divorce is going to get finalized in a week or 4. Do I have to wait till biometrics or interview or should/can I mail a new form with both abuse & divorce checked? Do I need to send a copy of everything (payment, photos & all things I send originally) or just the form? My concern is with Judge reviewing the grounds I filed with USCIS just in case. Can one also file another i751 if i751 is denied (before removal proceedings) Is there any time gap between denial & proceedings or is it automatic back to back?

 

 

[Villanelle 4,122]

On 2/14/2021 at 9:42 PM, Bhinda C said:

 

Great Thread & lots of discussion related to my personal case. Thanks all.

 

My questions:

 

1. If I (My attorney insisted) checked only Abuse box, file in Oct 2020, can I (& how) also check the divorce waiver box too? Divorce is going to get finalized in a week or 4. Do I have to wait till biometrics or interview or should/can I mail a new form with both abuse & divorce checked? Do I need to send a copy of everything (payment, photos & all things I send originally) or just the form? My concern is with Judge reviewing the grounds I filed with USCIS just in case. Can one also file another i751 if i751 is denied (before removal proceedings) Is there any time gap between denial & proceedings or is it automatic back to back?

 

 

The denial process for 751 is extremely slow and drawn out. Every case is unique but the steps for a denial are pretty standard and uniformly followed. First your 751 goes to a service center. They can either approve it, deny it, or send for interview. They rarely outright deny stuff and will almost always send cases they cant approve to the local office for interviews so that they can gather more information or clear up any concerns they have in the interview. If there is an issue you would also most likely get an RFE prior to the interview. After the interview if they are still thinking denial you are given the NOID. You then have another opportunity to address their concerns. So RFE, interview, NOID. 3 chances to make your case before its denied and sent to the court. So there is plenty of time in the process to amend your 751. 

 

The 751 is a unique form that allows you to file it as many times and as frequently as you want. Most other forms you would have encountered in the process dont allow that. You sent a 751 in Oct 2020. You have a case number for it. You can theoretically send another 751 today (and pay the fees) and get another case number for it. You would then have 2 pending 751s. They would have different case numbers and move through the system independently. Sometimes people do this type of filings. Most often this strategy is used once a denial is in process and I personally would not recommend sending in a second 751 (that would get its own case number) now as it doesnt appear to be necessary (yet if ever needed at all).

 

You can amend your pending filing (the case number you have for the 751 filed as abuse only) if you choose to. On the surface theres no logical reason to do such right now though. Since you checked abuse only- abuse requires you to prove bonafide marriage + abuse. Divorce box would only require you to prove divorce + bonafide. So if they feel you dont qualify for abuse you will get a multi page RFE explaining the strict requirements they have for establishing abuse. At that point you can either respond to it with the evidence they are asking for or request to drop the abuse box and switch to the divorce box and include the divorce decree. You might also get an RFE for something else, perhaps they want additional evidence of bonafides like additional bank statements or tax returns or something like that. Any RFE you may get you need to respond to with what they want but can also add additional things to it- like including the divorce and asking to amend the form to check the divorce box as well, or additional evidence you may have gathered since the original submission. If you do not get any RFEs then your case will either be approved w/o interview or scheduled for an interview. You can bring the divorce decree to the interview and request to amend the form to include the divorce box there if you want to. 

 

The best way to submit something is to do so with a RFE response because anything in your RFE response will 100% be added to your file. However getting an RFE is not guaranteed in which case if you absolutely must send something unsolicited you want to make sure you mail it with a tracking number. Do not send a brand new 751 form. It will be processed as its own case. You would send a letter explaining you want to amend the current case filing along with the supporting evidence. Write your case number/A#/name on the top of every page and then fingers crossed it makes it way into your file. 

 

As I said though adding the divorce box isnt as important as it may seem. If it was the other way around (where you sent it as divorce and now want to add abuse) that would be something significant because being approved under the abuse box will allow you to naturalize at 3yr mark if your ex was a USC. In that case I would encourage you to send the request for the change unsolicited. 

 

Personally I would just wait and see what happens. If an RFE is sent for any reason you deal with it. If its for abuse then you need to evaluate what you sent as proof of abuse and decide if you wish to pursue the abuse box still or not. You did mention using an attny to file and while some attnys are grossly incompetent, typically attnys that send abuse 751s know enough about whats required and will only prepare the package as an abuse waiver because it qualifies. You certainly dont need to share the details of your package but I will tell you for USCIS purposes abuse can be physical or mental (extreme cruelty) Physical abuse only requires ONE act. Its shown by sending police/medical reports and restraining orders along with your statement. So if you sent a police report of a documented incident of physical violence you shouldnt have a problem being approved for abuse and adding on the divorce box is unnecessary. For mental abuse it can be harder to prove. Typically mental abuse is proven by sending a psych eval + medication records + your own statement. Everyones situation is different in what they send as proof of mental abuse for ROC. Ive seen people submit minimal evidence of mental abuse and get approved with no issue. And then there are those that send similar type packages and get the RFE saying they need more. This is mainly because in evaluating abuse cases the Officer uses their discretion on whether the evidence you submitted is credible and how much weight it holds. 

 

Because you posted your attny insisted on only checking the abuse box I am going to assume they reviewed your case and felt you had sufficient evidence to be approved as such and would recommend you follow the path they laid out. If you are going to amend your filing to add the divorce either by sending it unsolicited or want to include it in an RFE response you should speak to the attny about doing so. Some attnys will drop you as a client if you do such filings behind their back. So again my recommendation for you is to simply wait and see what happens. If an RFE is sent please post back about it and what the attny intends to send as a response. If you are not comfortable with what they want to send or they refuse to add the divorce to the response you can then choose to terminate their services or not at that point. But you have plenty of time to amend your filing to include the divorce box or switch to only the divorce box as the 751 can not only be filed multiple times but can be filed anytime prior to the Judge making a ruling stripping you of your status.  

 

The general goal is to AVOID getting sent to the court system because the court system is incredibly backed up and once you are entered into the court system its a long drawn out process that will most likely cost you in attny fees to help navigate you out of. Since you just recently filed and theres no indication of it being denied theres no urgency right now to amend it to avoid court or to prepare for a Judge reviewing the grounds.  

 

 

 

[B C 18]

On 2/16/2021 at 9:30 AM, Villanelle said:

The denial process for 751 is extremely slow and drawn out. Every case is unique but the steps for a denial are pretty standard and uniformly followed. First your 751 goes to a service center. They can either approve it, deny it, or send for interview. They rarely outright deny stuff and will almost always send cases they cant approve to the local office for interviews so that they can gather more information or clear up any concerns they have in the interview. If there is an issue you would also most likely get an RFE prior to the interview. After the interview if they are still thinking denial you are given the NOID. You then have another opportunity to address their concerns. So RFE, interview, NOID. 3 chances to make your case before its denied and sent to the court. So there is plenty of time in the process to amend your 751. 

 

The 751 is a unique form that allows you to file it as many times and as frequently as you want. Most other forms you would have encountered in the process dont allow that. You sent a 751 in Oct 2020. You have a case number for it. You can theoretically send another 751 today (and pay the fees) and get another case number for it. You would then have 2 pending 751s. They would have different case numbers and move through the system independently. Sometimes people do this type of filings. Most often this strategy is used once a denial is in process and I personally would not recommend sending in a second 751 (that would get its own case number) now as it doesnt appear to be necessary (yet if ever needed at all).

 

You can amend your pending filing (the case number you have for the 751 filed as abuse only) if you choose to. On the surface theres no logical reason to do such right now though. Since you checked abuse only- abuse requires you to prove bonafide marriage + abuse. Divorce box would only require you to prove divorce + bonafide. So if they feel you dont qualify for abuse you will get a multi page RFE explaining the strict requirements they have for establishing abuse. At that point you can either respond to it with the evidence they are asking for or request to drop the abuse box and switch to the divorce box and include the divorce decree. You might also get an RFE for something else, perhaps they want additional evidence of bonafides like additional bank statements or tax returns or something like that. Any RFE you may get you need to respond to with what they want but can also add additional things to it- like including the divorce and asking to amend the form to check the divorce box as well, or additional evidence you may have gathered since the original submission. If you do not get any RFEs then your case will either be approved w/o interview or scheduled for an interview. You can bring the divorce decree to the interview and request to amend the form to include the divorce box there if you want to. 

 

The best way to submit something is to do so with a RFE response because anything in your RFE response will 100% be added to your file. However getting an RFE is not guaranteed in which case if you absolutely must send something unsolicited you want to make sure you mail it with a tracking number. Do not send a brand new 751 form. It will be processed as its own case. You would send a letter explaining you want to amend the current case filing along with the supporting evidence. Write your case number/A#/name on the top of every page and then fingers crossed it makes it way into your file. 

 

As I said though adding the divorce box isnt as important as it may seem. If it was the other way around (where you sent it as divorce and now want to add abuse) that would be something significant because being approved under the abuse box will allow you to naturalize at 3yr mark if your ex was a USC. In that case I would encourage you to send the request for the change unsolicited. 

 

Personally I would just wait and see what happens. If an RFE is sent for any reason you deal with it. If its for abuse then you need to evaluate what you sent as proof of abuse and decide if you wish to pursue the abuse box still or not. You did mention using an attny to file and while some attnys are grossly incompetent, typically attnys that send abuse 751s know enough about whats required and will only prepare the package as an abuse waiver because it qualifies. You certainly dont need to share the details of your package but I will tell you for USCIS purposes abuse can be physical or mental (extreme cruelty) Physical abuse only requires ONE act. Its shown by sending police/medical reports and restraining orders along with your statement. So if you sent a police report of a documented incident of physical violence you shouldnt have a problem being approved for abuse and adding on the divorce box is unnecessary. For mental abuse it can be harder to prove. Typically mental abuse is proven by sending a psych eval + medication records + your own statement. Everyones situation is different in what they send as proof of mental abuse for ROC. Ive seen people submit minimal evidence of mental abuse and get approved with no issue. And then there are those that send similar type packages and get the RFE saying they need more. This is mainly because in evaluating abuse cases the Officer uses their discretion on whether the evidence you submitted is credible and how much weight it holds. 

 

Because you posted your attny insisted on only checking the abuse box I am going to assume they reviewed your case and felt you had sufficient evidence to be approved as such and would recommend you follow the path they laid out. If you are going to amend your filing to add the divorce either by sending it unsolicited or want to include it in an RFE response you should speak to the attny about doing so. Some attnys will drop you as a client if you do such filings behind their back. So again my recommendation for you is to simply wait and see what happens. If an RFE is sent please post back about it and what the attny intends to send as a response. If you are not comfortable with what they want to send or they refuse to add the divorce to the response you can then choose to terminate their services or not at that point. But you have plenty of time to amend your filing to include the divorce box or switch to only the divorce box as the 751 can not only be filed multiple times but can be filed anytime prior to the Judge making a ruling stripping you of your status.  

 

The general goal is to AVOID getting sent to the court system because the court system is incredibly backed up and once you are entered into the court system its a long drawn out process that will most likely cost you in attny fees to help navigate you out of. Since you just recently filed and theres no indication of it being denied theres no urgency right now to amend it to avoid court or to prepare for a Judge reviewing the grounds.  

 

 

 

Thanks a lot for such a detailed response. I have printed & kept it on bedside to read when I feel anxious  Thanks a lot again.

 

I will keep the updates posted .

[TBoneTX 45,312]

2 hours ago, Bhinda C said:

when I feel anxious

Whatever you feel when you feel it, it's natural.

Good for you, printing Villanelle's superb advice.

Remember that you have a support system in this group.