I-290B Motion to Reopen (Denied I-751)

[Thomasg 0]

Hello. 

 

Here's the sequence of events:

 

- I submitted an I-290B with the divorce decree proving the termination of the marriage. I got receipt from USCIS. (this is the most recent event)

 

- I-751 Case Denied due to missing divorce decree. The letter of denial explained that I could file an I-290B presenting "new facts" 

- My divorce was not finalized by the deadline that USCIS gave me, so I responded explaining why there had been delays in my divorce process

 

- Received the RFE letter

- Went to the Interview by myself, which I thought went good. The USCIS officer told me that she'd issue another RFE for a divorce decree (for the waiver that I opted for). My divorce was not yet finalized though. 

- I received an interview notice

- I responded to the RFE

- USCIS issued a Request for Evidence 2 years later

- We separated 

- I-751 was filed with my ex-spouse

 

(Note: I've always 100% followed every procedure and met every deadline. The fact that I didn't have the divorce decree in time for the second RFE was outside my control)

 

My questions:

1. As of 2021, how long does it take for USCIS to review an I-290B Motion to Reopen?

2. Given the events stated above, is it safe to assume that USCIS will reopen my case?

3. Since I've complied with every request and the interview, is it appropriate to expect approval for my I-751 if and once my case is reopened and USCIS sees the final divorce decree? My understanding is that it is USCIS procedure to have a divorce decree in order to allow an applicant to opt for a Waiver. 

 

Thank you 

 

[canadian_wife 1,823]

Quick question 

 

was the divorce finalized at the time of petition?

[Chancy 6,241]

4 hours ago, canadian_wife said:

was the divorce finalized at the time of petition?

 

Seems OP wrote the timeline in reverse order.  OP attended ROC interview alone, before the divorce was finalized.

 

[Thomasg 0]

5 hours ago, canadian_wife said:

Quick question 

 

was the divorce finalized at the time of petition?

Hi canadian_wife. 

 

My divorce proceedings started before the interview, but the divorce was not finalized by the deadline of the second RFE. So I didn't have the divorce decree that the second RFE requested, hence why I got a denial. But I did reply to the second RFE explaining my circumstances.