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BaoDur

Can I be deported if my check is not cashed before ROC window ends?

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Hello VisaJourney!

 

My wife and I are really worried right now: Our I-751 was delivered on Feb 10, the middle of our ROC window (we weren't able to get it done earlier). I heard that the processing times can exceed a month, even for cashing the checks. My conditional Green Card expires on March 21. Can I face deportation if the checks are not cashed by that date? Is there anything we can do, like getting a stamp from the local USCIS office? We are in Albuquerque, NM.

 

Thank you!

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Filed: Citizen (apr) Country: Russia
Timeline

Technically I guess you could be put into removal proceedings, but you already have proof you have submitted the I751 (from the delivery confirmation), so it is highly unlikely.

 

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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1 hour ago, BaoDur said:

My conditional Green Card expires on March 21.

What matters is that your I-751 is timely filed. See 8 CFR § 103.2(a)(7)(i): "USCIS will consider a benefit request received and will record the receipt date as of the actual date of receipt at the location designated for filing such benefit request whether electronically or in paper format."

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12 hours ago, HRQX said:

What matters is that your I-751 is timely filed. See 8 CFR § 103.2(a)(7)(i): "USCIS will consider a benefit request received and will record the receipt date as of the actual date of receipt at the location designated for filing such benefit request whether electronically or in paper format."

13 hours ago, Dashinka said:

Technically I guess you could be put into removal proceedings, but you already have proof you have submitted the I751 (from the delivery confirmation), so it is highly unlikely.

 

Good Luck!

 

Big thanks to both of you! So you guys think my tracking receipt that also states "Attn: I-751" will be sufficient evidence if questions arise? (Of course I'm also going to contact my local USCIS)

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Filed: Citizen (apr) Country: Turkey
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On 2/19/2021 at 7:17 PM, BaoDur said:

Thank you for your response. Feeling a bit better now that 3 senior members told me it's not gonna happen.

 

I got a proof of delivery from USPS in case, if you would like to feel a little bit more secured, you can get proof of delivery of your mail to USCIS, at least it shows a signature of someone from Uscis:) I don't know if one can get it from Fedex or Ups though...

Edited by Huckleberry&Koala

Removal of Conditions

02/06/2021: Filed and package sent

02/10/2021: Received by USCIS

03/18/2021: NOA 1

07/01/2021: Biometrics waived

09/27/2011: Case approved, no interview (K1 visa)

Service Center: WAC

 

 

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No.

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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On 2/22/2021 at 1:21 AM, Huckleberry&Koala said:

 

I got a proof of delivery from USPS in case, if you would like to feel a little bit more secured, you can get proof of delivery of your mail to USCIS, at least it shows a signature of someone from Uscis:) I don't know if one can get it from Fedex or Ups though...

Very helpful, thank you! I will ask UPS about it.

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Filed: Citizen (apr) Country: Turkey
Timeline
3 hours ago, BaoDur said:

Update: UPS does this, but signature needs to be required when sending the package. Otherwise only a proof of delivery without signature is available online (stating who received it at uscis).

 

I had sent mine via signature request (~2$ additional service), but don't worry, you are gonna be fine! Everyone is in the same situation right now, everyone can submit within 90 days, not earlier, and everyone's processing times is way longer right now, since it is delivered, it is timely filed, so don't overthink it, you are not gonna be deported;)

Removal of Conditions

02/06/2021: Filed and package sent

02/10/2021: Received by USCIS

03/18/2021: NOA 1

07/01/2021: Biometrics waived

09/27/2011: Case approved, no interview (K1 visa)

Service Center: WAC

 

 

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No, my husband's green card expired on 2/14. Our credit card was charged 2/17. He got his NOA1 today (2/24). They said the package was received on 1/15, so it goes by that.

Edited by Sarah&Facundo
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  • 4 weeks later...
 
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