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Filed: K-1 Visa Country: Philippines
Timeline
Posted

Can someone help me plz.

Im posting this on behalf of my sister.

 

My sister resident card(with conditions) expires this April 16th.

 

She filled and sent her I751 on January 15th and it was supposed to be delivered on the 17th but got delivered on Saturday January 16th.

 

After almost 2 months on March 12th she got her package back and a Rejected notice which stated that it was because the USCIS got her packaged before the 90 day window, all of her papers have some kind of imprinting on the bottom stating they were processed on January 15th arlund 830am.  

They asked an immigration lawyer what to do next and were told just to ship it back to the USCIS and remove the Rejection noticed, they shipped it back on March 13th and to this date they havent heard from the USCIS.

 

Now she is 16 days from her resident card expiration date and desperate on what to do, we tried to call USCIS but never got pass the automatic system.

 

What should she do now?

 

Thanks for your help.

 

Ps. Her status was from a K1 visa

Ps2. Sorry for wrong section earlier.

 

 

Polish_20210331_065532059.jpg

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Filed: AOS (apr) Country: Brazil
Timeline
Posted (edited)

Even though it was going to be delivered on January 17th, the package itself was still postmarked on Janaury 15, before the 90 day period.    

Edited by Ed&Midori1031
Filed: K-1 Visa Country: Philippines
Timeline
Posted

first off all, I'm so sorry for posting this multiple times on the wrong section.

here we go
 

Can someone help me plz.

Im posting this on behalf of my sister.

 

My sister resident card(with conditions) expires this April 16th.

 

She filled and sent her I751 on January 15th and it was supposed to be delivered on the 17th but got delivered on Saturday January 16th.

 

After almost 2 months on March 12th she got her package back and a Rejected notice which stated that it was because the USCIS got her packaged before the 90 day window, all of her papers have some kind of imprinting on the bottom stating they were processed on January 15th arlund 830am.  

They asked an immigration lawyer what to do next and were told just to ship it back to the USCIS and remove the Rejection noticed, they shipped it back on March 13th and to this date they havent heard from the USCIS.

 

Now she is 16 days from her resident card expiration date and desperate on what to do, we tried to call USCIS but never got pass the automatic system.

 

What should she do now?

 

Thanks for your help.

 

Ps. Her status was from a K1 visa

Ps2. Sorry for wrong section earlier.

Polish_20210331_065532059.jpg.051e53d23f5bc38365cf69632a3a8762.jpg

Polish_20210331_065614163.jpg.2e9bb5a60d622901eec34bad682524a9.jpg

Filed: K-1 Visa Country: Philippines
Timeline
Posted (edited)
8 minutes ago, Ed&Midori1031 said:

Even though it was going to be delivered on January 17th, the package itself was still postmarked on Janaury 15, before the 90 day period.    

Yes they understand, the issue now is that they resend it and her resident card expires in 16 days, what can they do beside waiting?

They sent everything back on March 13th to the USCIS.

Edited by Joseph V
Filed: Citizen (pnd) Country: Brazil
Timeline
Posted
6 minutes ago, Joseph V said:

Yes they understand, the issue now is that they resend it and her resident card expires in 16 days, what can they do beside waiting?

They sent everything back on March 13th to the USCIS.

Nothing. They filed again within the timeframe, if everything is correct, it won't be rejected again. Her status doesn't end when the card expires, she's still a PR.

Filed: Citizen (apr) Country: Russia
Timeline
Posted

The rejection was proper since it was received too early and the lawyer was right in that it needed to be re-submitted.  Has your sister been able to verify that the re-submission was received, or the check was cashed?  As to getting close to the expiration date on the GC, there is nothing your sister needs to do unless she is planning to take an international trip very soon.  From what I am hearing it is taking 1-3 months for ROC applications to get the extension letter, but your sister's status does not expire when the GC expires, only the proof of status expires.

 

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!!!!!!!

Filed: K-1 Visa Country: Philippines
Timeline
Posted
4 minutes ago, Jorgedig said:

Yes, they are very strict in enforcing the 90 days.

 

At this point, all you can really do is wait.

Alright thanks

5 minutes ago, Dashinka said:

The rejection was proper since it was received too early and the lawyer was right in that it needed to be re-submitted.  Has your sister been able to verify that the re-submission was received, or the check was cashed?  As to getting close to the expiration date on the GC, there is nothing your sister needs to do unless she is planning to take an international trip very soon.  From what I am hearing it is taking 1-3 months for ROC applications to get the extension letter, but your sister's status does not expire when the GC expires, only the proof of status expires.

 

Good Luck!

We checked the money order and it has not been cashed yet. Im guess all she can do right now is just wait.
Does the extension letter is sent automatically or does she has to request it?
Thanks

Posted

Nothing she needs to - or can - do.

Just wait, and it will be cashed and the receipt issued.

 

Card is proof of status, not the status itself.

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

Yeah, all you have to do now is to wait.

 

I think this is a learning point for all not to try timing our submissions so tight.

 

Mailing it a day or 2 inside the 90 day window would be the earliest I would drop it in the mail. They get a lot of mail and I would bet that the post marked date is what was used to determine its date of receipt.

 

Due to this 'mistake' of trying to hit the 90 day window at the very top, OP is now at least 2 months behind what she had planned.

Posted

If everything is correct she will receive a letter that extends her green card in about a month, so right after it expires. Depending on the state she lives in, that means no driver's license for a couple weeks. And no proof of her permanent resident status (only an expired GC) so it makes switching jobs and such hard. But otherwise she'll still be "legal". So just wait...

Filed: Citizen (apr) Country: Russia
Timeline
Posted
1 hour ago, Joseph V said:

Alright thanks

We checked the money order and it has not been cashed yet. Im guess all she can do right now is just wait.
Does the extension letter is sent automatically or does she has to request it?
Thanks

The extension letter is sent automatically as the Notice of Action (NOA) that the I751 was received.  Once your sister receives the extension letter, she can use that along with the expired GC to prove status.

 

 

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!!!!!!!

Filed: Citizen (apr) Country: Kenya
Timeline
Posted

2-3 months before you hear anything.

 

People eager to submit right on top of their window opening has been discussed numerous times here on VJ. Just make sure she does not do the same for N400. 😔

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

Posted
4 hours ago, Joseph V said:

Yes they understand, the issue now is that they resend it and her resident card expires in 16 days, what can they do beside waiting?

They sent everything back on March 13th to the USCIS.

Assuming you used FedEx or UPS, then the package should have been delivered by 3/17.  If the current processing times hold steady, she can expect to receive a text or a copy of the NOA letter sometime between 4/23 and 4/30 (ish).  

Spoiler

Petitioner: USC | Applicant: B2 | (c)9 AOS (Marriage)

07/31/18: Filed I-130, I-130A

08/01/18: Delivered Potomac Processing Center

08/07/18: Text/Mail Notifications (for I-130)

08/14/18: Hard Copy NOA (for I-130)

08/24/18: Mailed I-485, I-765, I-864

08/27/18: Delivered

08/31/18: Filed

09/04/18: Text Notifications (for I-485, I-765, I-864)

09/06/18: Hard Copy NOA (for I-485, I-765, I-864)

09/14/18: Biometrics letter rec'd

09/26/18: Biometrics appt completed

10/02/18: Ready for interview to be scheduled.

12/18/18: Form I-130 APPROVED!

01/27/19: EAD Approved and card being printed!

02/02/19: Combo card and SSN card arrived!

03/08/19: Text and online notification that interview has been scheduled.

04/16/19: Interview.  AOS approval text rec'd.  Card in production!

04/24/19: GC in hand! 

 

Removal of Conditions

Here we go!

02/10/21: I-751 package sent

02/12/21: Delivered to Phoenix, AZ

03/22/21: Money order cashed

03/24/21: Text notification rec'd

03/25/21: NOA rec'd

04/30/21: Case updated: Fingerprints taken

06/27/22: Approved!  Card being produced!

07/05/22: 10-year GC in hand!

 

 

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