Removing condition GC got denied

[Rocio0010 5,579]

3 minutes ago, mindthegap said:

I can't see the letter

Me neither. Wonder why?

[Meawmeowmeoe 1]

43 minutes ago, mindthegap said:

Correct - you cannot 'appeal' it except on two very specific grounds, which do not apply here at this moment in time. 

 

Your second statement is rubbish

 

 

The denial letters usually answer jack all. They are appalling.

 

- Correct - you cannot 'appeal' it except on two very specific grounds using an i-290B, which do not apply here at the present time. 

 

- His right to live & work in the US has NOT been terminated. That is complete BS. Yes I know what the letter says as I have had two of them, but it is NOT legally accurate. He can live, work, and travel (with a stamp) and remains a LPR until a final order of removal by an immigration judge. 

 

 

 

Absolute, total rubbish. This is scaremongering and not true in ANY capacity. 

 

 

 

Anyone can file as many I-751s as they want. He is perfectly eligible to file a new one and remains free to do so up to the point if and when a final order of removal by an immigration judge, at which point he is no longer a LPR.

You can file a waiver even if not fully divorced - it just can't be approved without a final divorce decree. 

 

 

 

Correct on all counts. Thank you for beating me to positing some accurate information. 

 

 

Nope.

No 'valid reason' or excuse is required for a waiver filing outside of the 90 day period. It can be filed at ANY time between gaining permanent residence and a final order of removal, without penalty. 

He remains a LPR. 

 

Correct on all counts. 

 

 

Probably for the same reason mine did something sort of similar and just as evil - because some people just want to watch people burn.

 

 

 

 

I can't read the OPs attached letters for some reason but I get the gist of it and I can also unfortunately recall from memory large chunks of what the denial latter said, so I may be guessing in parts as I can't read it, but the OPs friend was sort of in a tricky situation.

In the eyes of USCIS, legally, you are married or divorced. He couldn't file as a divorce waiver because they were still married. He technically could still have filed as joint as they did - even if not living together - with a co-operative spouse, which they appeared to do but this was then nuked by the spouse at interview.

He should have immediately requested a switch to a divorce waiver at the interview and then hope it comes through quickly - this would have been one legal option.

If it was to arrive quickly then potentially an i-290B could be filed on the basis of new previously unsubmitted documents (in the form of a divorce decree), but using the i-290B to overcome a denial is in my opinion a hiding to nothing with an unknown timeline, and costs almost the same as a fresh filing anyway. 

Caught between a a rock and a hard place. I have some sympathy. There is some documentation I can dig out from my extensive files on this stuff, but I'm still largely on hiatus from here thanks to some over-zealous people who won't answer questions or take constructive crticism, so I may get round to it eventually. 

 

 

He needs to prepare a divorce waiver filing to resubmit as soon as possible, including resubmission of ALL the evidence, even if previously submitted as they won't take into account the evidence contained within the denied filing. This needs to be accompanied by the final divorce decree, if in hand, or sent in soon after. 

 

 

 

Thank you so much for a great info, i will give all the into to him from your response. My friend definitely didn’t want to lie and be absolute honest at the interview about the separation. He filed for removing condition when they were still together and had no clue that divorce paper could have helped his case at the interview and that is why he didn’t inform his lawyer until before the interview, which was definitely a wrong move on his part. The reason his spouse removed himself from the application because the lady who was interviewing them suggested him to do so and suggested that my friend should refile and appeal with the divorce paper or try to reconcile. My friend is working with the lawyer for the next step going forward so hopefully it all works out.

 

also great to know that he can still work and maintain his life here in the US while he is still in the process of refiling. I was concerned there for a bit that he couldn’t

 

Thanks again 

[Meawmeowmeoe 1]

11 minutes ago, mindthegap said:

Very true and entirely possible. Again, I can't see the letter and no-one here knows precisely what was said and transpired, so all we can do is advise on the information presented to us. 

 

 

Yes, because the discussion part of the letter is tailored to the individual and that isn't my concern here and isn't what I called rubbish. 

The termination part is identical on every one, and that is the part that you seem to think means he has to pack his bags and get on the next flight out of the US, which is what I called rubbish, because it is. 

But please, by all means continue to be argumentative. 

Here is the letter  

[mindthegap 2,590]

3 hours ago, Jorgedig said:

It is worrisome that you're so cavalier about the situation, as clearly it is not a divorce waiver situation like yours, and leading the OP astray by minimizing the seriousness of it is a disservice, IMHO.

Mine isn't a divorce waiver situation AT ALL. It is two denials for two filings, and nothing to do with the divorce waiver at all. It is something significantly more serious than that, which is why I am in almost seventh year of this ROC process. 

 

I'm certainly not minimising it in any way at all whatsoever -  I was a suicidal bleeping mess when I received each of my denials, and I truly wouldn't wish that on anyone (except possibly my ex-spouse who can burn in hell for maliciously causing this whole mess out of narcissistic spite )

 

What I am doing, is giving my assessment based on the information provided and quoted, and from my direct personal experience of a sort of similar situation, and stating what I know of the law, and their rights and protections under it.

What I am certainly not doing, is scaremongering and telling someone to pack their bags and that they will have to leave, because it isn't the case and it simply does not work in that way. 

They are a very VERY long way from that, happening, if ever and they have many options available to them and avenues to explore before it even gets close to that point.

Edited November 30, 2021 by TBoneTX
prohibited word changed

[Rocio0010 5,579]

6 minutes ago, Meawmeowmeoe said:

appeal

Nothing to appeal. USCIS didn’t err.

[USC4SPOUSE 506]

15 minutes ago, Meawmeowmeoe said:

Here is the letter  

I would just start the divorce proceedings and refile. USCIS loves using loaded language on such letters to instill fear. It says that his PR status is terminated and USCIS very well knows that only an Immigration judge has the power to do that. 

Of course, you could always rekindle the relationship and file again to really annoy USCIS. 

I am also thinking that the USCIS officer likely cornered the spouse into "withdrawing the petition voluntarily". You can't retract a withdrawal but you can file again. It seems to me that the officer was able to issue this letter because the spouse voluntarily withdrew the petition. The officer had no other basis to do it. Otherwise, they would have had to issue a continuance and switch to a divorce waiver. 

 

I say refile and go into it with a better lawyer. 

 

Of note: the letter says you may appear in front of an immigration judge to dispute or review the determination. Do not do that. Just refile as many times as you wish. 

Edited November 30, 2021 by USC4SPOUSE

[SalishSea 17,841]

2 hours ago, mindthegap said:

Mine isn't a divorce waiver situation AT ALL. It is two denials for two filings, and nothing to do with the divorce waiver at all. It is something significantly more serious than that, which is why I am in almost seventh year of this ROC process. 

 

I'm certainly not minimising it in any way at all whatsoever -  I was a suicidal bleeping mess when I received each of my denials, and I truly wouldn't wish that on anyone (except possibly my ex-spouse who can burn in hell for maliciously causing this whole mess out of narcissistic spite )

 

What I am doing, is giving my assessment based on the information provided and quoted, and from my direct personal experience of a sort of similar situation, and stating what I know of the law, and their rights and protections under it.

What I am certainly not doing, is scaremongering and telling someone to pack their bags and that they will have to leave, because it isn't the case and it simply does not work in that way. 

They are a very VERY long way from that, happening, if ever and they have many options available to them and avenues to explore before it even gets close to that point.

Okay, well if you're ever able to read the letter, I'd be curious to see if you think OP has anything to worry about.

2 hours ago, USC4SPOUSE said:

USCIS very well knows that only an Immigration judge has the power to do that. 

Which they acknowledge by stating that the case will be referred to an immigration judge.

Edited November 30, 2021 by TBoneTX
prohibited word altered in quote

[mindthegap 2,590]

16 minutes ago, Meawmeowmeoe said:

Thank you so much for a great info, i will give all the into to him from your response. My friend definitely didn’t want to lie and be absolute honest at the interview about the separation. He filed for removing condition when they were still together and had no clue that divorce paper could have helped his case at the interview and that is why he didn’t inform his lawyer until before the interview, which was definitely a wrong move on his part. The reason his spouse removed himself from the application because the lady who was interviewing them suggested him to do so and suggested that my friend should refile and appeal with the divorce paper or try to reconcile. My friend is working with the lawyer for the next step going forward so hopefully it all works out.

 

also great to know that he can still work and maintain his life here in the US while he is still in the process of refiling. I was concerned there for a bit that he couldn’t

 

Thanks again 

Cool. Thanks for that info - clarifies a few things and makes it much easier.

To me, there is no misrepresentation fear here. In fact, the interviewer themselves potentially screwed up here by not asking them if they wanted to switch to a divorce waiver and then subsequently be RFE'd for the final decree when it comes, instead of suggesting the spouse withdrew..... but nothing can really be done about that now...at least not easily anyway. 

 

So yeah, prepare an entirely new package with as much evidence as possible with the divorce waiver box ticked  - wait for the divorce decree if possible if it is imminent - and get it in. 

No 'late filing' request is required at all - just get it in, with another payment, and wait for the receipt/extension. They then need to make an infopass appointment for a stamp as proof of status as the extension letter by itself is useless.

Then back to waiting again....

Divorce is not a reason for denial either.

 

The other option would be an I-290B with the divorce decree on the basis of previously unsubmitted information that would have given a different outcome, but this is a) just as expensive as as a fresh filing and b) has an unknown timeline, and c) has a high failure rate, plus a couple of other pitfalls. Lawyer will advise I have no doubt. 

 

Please tell your friend not to worry - they remain a permanent resident and have laws and processes designed to protect them, that however much USCIS would like them to, cannot simply over-ride at their whim. 

Edited November 30, 2021 by mindthegap

[SalishSea 17,841]

1 hour ago, USC4SPOUSE said:

Of note: the letter says you may appear in front of an immigration judge to dispute or review the determination. Do not do that. Just refile as many times as you wish. 

Actually, it says that it will be forwarded to an immigration judge, and to expect an NTA.

[USC4SPOUSE 506]

@Meawmeowmeoe ignore all the fear mongering and tell your friend to refile. Have a great night!

[Meawmeowmeoe 1]

8 hours ago, USC4SPOUSE said:

@Meawmeowmeoe ignore all the fear mongering and tell your friend to refile. Have a great night!

Thank you ☺️

[Redro 4,611]

8 hours ago, USC4SPOUSE said:

@Meawmeowmeoe ignore all the fear mongering and tell your friend to refile. Have a great night!

 

3 minutes ago, Meawmeowmeoe said:

Thank you ☺️

When your friend files make sure they file a divorce waiver and they include marital evidence. 

They need the divorce decree AND if they're using a lawyer tell them to be 100% honest with them. 

 

Edited November 30, 2021 by Kor2USA

[Meawmeowmeoe 1]

11 hours ago, mindthegap said:

Cool. Thanks for that info - clarifies a few things and makes it much easier.

To me, there is no misrepresentation fear here. In fact, the interviewer themselves potentially screwed up here by not asking them if they wanted to switch to a divorce waiver and then subsequently be RFE'd for the final decree when it comes, instead of suggesting the spouse withdrew..... but nothing can really be done about that now...at least not easily anyway. 

 

So yeah, prepare an entirely new package with as much evidence as possible with the divorce waiver box ticked  - wait for the divorce decree if possible if it is imminent - and get it in. 

No 'late filing' request is required at all - just get it in, with another payment, and wait for the receipt/extension. They then need to make an infopass appointment for a stamp as proof of status as the extension letter by itself is useless.

Then back to waiting again....

Divorce is not a reason for denial either.

 

The other option would be an I-290B with the divorce decree on the basis of previously unsubmitted information that would have given a different outcome, but this is a) just as expensive as as a fresh filing and b) has an unknown timeline, and c) has a high failure rate, plus a couple of other pitfalls. Lawyer will advise I have no doubt. 

 

Please tell your friend not to worry - they remain a permanent resident and have laws and processes designed to protect them, that however much USCIS would like them to, cannot simply over-ride at their whim. 

Thank you so much for all the info, truly appreciate it! ☺️

[Meawmeowmeoe 1]

1 hour ago, Kor2USA said:

 

When your friend files make sure they file a divorce waiver and they include marital evidence. 

They need the divorce decree AND if they're using a lawyer tell them to be 100% honest with them. 

 

Thank you, will definitely tell my friend! 

[Dashinka 24,516]

At this point, have your friend file a new I751 with the relevant explanation of late filing and switching to a divorce waiver.  Then since you responded they are only starting the divorce proceedings now, your friend needs to focus on that process to make sure there are no delays.