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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

Hello,

 

I am a Canadian citizen and married  to a US citizen.  My I751 petition was filed in March of 2020 while I was living in the US.  Since then, I have had to move back to my home country of Canada due to several reasons:  my wife has a serious mental health condition and I can't live safely with her; I have not been able to find work and am hoping i can find it in Canada; COVID restrictions have made finding work difficult in the USA and I wasn't able to afford full health insurance; my wife has not been reliable in providing finances for me to live separate from her in the USA.

 

I have recently updated my physical and mailing address on my USCIS Online Account.  However, it seems they ALSO want you to file an AR-11 (Change of Address) form online.  When I tried to do this, the form would no accept a Canadian address as the address I have moved to.  Only a US address.  I tried calling USCIS but could not get past the automated attendant to speak with a real agent to chagne my address.

 

Questions:  Do I need to file AR-11 if I updated my address on my USCIS Online Account?  Is there some way to contact an agent on the phone to update the address to a Canadian address?   I am also aware that by moving back to Canada I may have jeopardized my I751 petition and green card status, but I had no other choice:  I could come home, or live on the street.

 

Any help would be great,

Thanks!

Posted

I believe you can still file a paper AR-11 - in fact the AR-11 page specifically mentions "You do not need to mail a paper Form AR-11 if you use the change of address webpage unless you are a victim of domestic violence, trafficking, and other crimes" which your post perhaps hints at. 

 

There is more to abandonment of status & residence than just being physically out of the country. If you still have ties here, file taxes, have a bank account and what not and consider it your home, being out of the US does not automatically mean game over.

You have perfectly valid and sensible reasons for doing so, and the pandemic compounds things further.

 

But, putting an overseas address is a tricky one. I don't even know if you can.

The least risky option is to put an address in the US c/o someone you trust to scan/forward/keep for you. 

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. 

 

Posted
On 12/1/2020 at 5:52 PM, Sam & Jen said:

I have recently updated my physical and mailing address on my USCIS Online Account.

I didn't know it was possible to change the address through MyUSCIS Account if you filed i-751, only if you filed some online form like n-400

There's online AR-11 form, I'm little confused now

Filed: IR-1/CR-1 Visa Country: Jamaica
Timeline
Posted
On 12/2/2020 at 8:02 PM, LirikBlaidd87 said:

I didn't know it was possible to change the address through MyUSCIS Account if you filed i-751, only if you filed some online form like n-400

There's online AR-11 form, I'm little confused now

You always need to file AR-11 even when you update your address with the online account it says specifically you must still submit the AR-11. So just do the AR-11 that's what's most important.

Cateogory: CR1

  • NOA1/Notice of receipt: Sept. 15, 2015
  • NOA2/I130 Approved: February 8, 2016 (NO RFE) :)
  • Process slowed down by us
  • Sent documents to NVC: April 11, 2016
  • Scan date: April 14/ May 7th (NVC said both I dont know why)
  • Case Complete: May 31, 2016 (No checklist) :dancing:

August 17, 2016: Visa Approved!!!! :dancing:

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

Thanks everyone for your responses.  I ended up mailing the AR-11 form via certified mail to the Harrisonburg VA address on the form.  I put my Canadian address as the 'Physical Address', my previous US address, and then my friend's US address as the 'Mailing Address'.  Not sure how this will be received, but we'll see.

 
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