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Posted (edited)
3 hours ago, Crazy Cat said:

Are you reading the answers?  Yes, you can return. You have status until an immigration judge terminates your LPR status......  CBP cannot take your green card unless you sign an I-407......which you should not do.

 

Yes, thank you!

I ended up boarding in a last minute flight and I just landed at JFK couple of hours ago,

I just got home

 

well, CBP did not ask me anything at all... "good morning- handed my passport, expired GC and extension letter.... fingerprints, "have a good one"

thank you GOD and thank you guys!!

 

I am already filling the new I-751, after that, going to Office Depot to print documents and pictures...

 

I think I ll probably be sending the new I-751 with the divorce decree tomorrow, with a huge letter ( with proof ) showing that I did sent the Divorce Decree in October... 

 

for those who asked I sent the i-751 within the 90 days window before GC 2nd year anniversary, I just did not had the divorce decree yet and they asked that on the RFE ( I. sent the letter with the RFR 2 days later - yes,  I have OCD lol ), and I saw that is was delivered by USPS to USCIS...my mistake was never contacted USCIS to check if they really received my documents...

 

I don't know how its gonna evolve the situation with my job ( If I don't get fired lol --coz they are loosing a lot of money now because of me)

 

again thank you guys, you have no idea how your words helped me.

 

Would also love some advise:

 

- I did not tell my job ˜ exactly ~ what happened( coz if the letter says my LPR status been terminated, it looks like a loose my work authorization??  ). can they dig into that?

 

I just don't understand why they send a letter saying that the LPR status has been terminated if its only up to a judge to terminate that ( so what is the trick about that?)

 

Also, if my job decide to send me overseas again ( what is mostly likely to happen ), do you think Im gonna be ok again returning??

 

My SSN card still have the "valid only with DHS"..... Can I remove that with the extension letter?

 

 

 

 

 

 

 

Edited by magda2023
Filed: Citizen (apr) Country: Russia
Timeline
Posted
4 minutes ago, magda2023 said:

 

Yes, thank you!

I ended up boarding in a last minute flight and I just landed at JFK couple of hours ago,

I just got home

 

well, CBP did not ask me anything at all... "good morning- handed my passport, expired GC and extension letter.... fingerprints, "have a good one"

thank you GOD and thank you guys!!

 

I am already filling the new I-751, after that, going to Office Depot to print documents and pictures...

 

I think I ll probably be sending the new I-751 with the divorce decree tomorrow, with a huge letter ( with proof ) showing that I did sent the Divorce Decree in October

 

I don't know how its gonna evolve the situation with my job ( If I don't get fired lol --coz they are loosing a lot of money now because of me)

 

again thank you guys, you have no idea how your words helped me.

 

Would also love some advise:

 

- I did not tell my job ˜ exactly ~ what happened( coz if the letter says my LPR status been terminated, it looks like a loose my work authorization??  ). can they dig into that?

 

I just don't understand why they send a letter saying that the LPR status has been terminated if its only up to a judge to terminate that ( so what is the trick about that?)

 

Also, if my job decide to send me overseas again ( what is mostly likely to happen ), do you think Im gonna be ok again returning??

 

My SSN card still have the "valid only with DHS"..... Can I remove that with the extension letter?

 

 

 

 

 

 

 

Once you re-file, you should get a new extension letter I believe, but if not, you can try to get an ADIT (I551) stamp to allow you to travel.  You should be able to remove the DHS note with a valid expired GC and valid extension letter, but of course with the SSA your mileage may vary.  I would not worry too much about that note on your SSC until you get your new 10 yr GC in my opinion.

 

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!!!!!!!

Posted (edited)
1 hour ago, magda2023 said:

I just don't understand why they send a letter saying that the LPR status has been terminated if its only up to a judge to terminate that ( so what is the trick about that?)

 

Because USCIS lie. The denial letters are legally incorrect, and designed to be terrifying. 

 

Refile.

 

But, separately, at the same time as you refile, ALSO - by making an infopass to do it in person  or by writing to USCIS - give them proof of your RFE delivery and duplicate copies of the RFE paperwork, with a letter requesting it is corrected and re-opened.

This is their error, not yours, and it should be re-opened by them.

You should not be punished for this.

Whether or not you get someone with a brain who acts on it is entirely another matter.

Also file a case with the ombudsman https://www.dhs.gov/case-assistance

 

Your work status is unaffected. You remain a LPR.

An extension letter or stamp is sufficient as proof of LPR-ness and for employment. 

 

1 hour ago, magda2023 said:

Also, if my job decide to send me overseas again ( what is mostly likely to happen ), do you think Im gonna be ok again returning??

 

Yes, with some caveats as to where/what your situation is at that time. At the moment you are free to travel and re-enter, as your extension letter is still valid (I'm guessing you have an 18month one?) As others have stated you remain a LPR until an immigration judge terminates your status. As much as USCIS would love to terminate it, they cannot. 

Once you have refiled and have the new receipt number, you should go get a passport stamp immediately (which will probably have an annotation TC-1, indicating a refile/reopen) for absolute peace of mind. 

 

 

 

20 hours ago, pushbrk said:

You have some other good answers but you should know that you filed the I-751 too early.  It would probably have been denied anyway.  You can't use a divorce waiver until your divorce is final.  If you get in, refile.

It cannot be approved until it the divorce is final.

It can be correctly submitted with the waiver box ticked but without the divorce paperwork, accepted for filing & receipt issues, and then later an RFIE (request for initial evidence) issued for the final decree, and there are memorandums in place specifically for this procedure. 

Indeed, I myself got an RFIE recently for divorce paperwork for my filing last summer (ignoring the fact that worryingly the requested documents were actually in the filing). 

 

Edited by mindthegap

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

 

8 hours ago, Dashinka said:

Once you re-file, you should get a new extension letter I believe

I also just refiled after getting denied because uscis lost or never received my rfe response (tracking showed delivered, same as op). I just got my new 24 month extension letter a few days ago.

Posted
On 2/13/2022 at 12:31 PM, magda2023 said:

I really need some help right now as the craziest thing happened to me.

1 year ago I filed I-751 with divorce waiver  however my divorced wasn't finalized when I sent the paperwork

In October they sent me a RFE asking me for the divorce paperwork. I sent the divorce decree that same week

I did not receive any notification however USPS tracking was showing that my RFE package was delivered.

 

I did not receive any notification at all however yesterday I checked my emails and I saw that I received a letter from USCIS yesterday.

I asked my boyfriend to open the letter today and send me a picture.

 

They denied my case saying that I did not answer the RFE( what I did )

 

I live in New Jersey, however I work for Mercedes-Benz and right now Im overseas doing a mandatory training, Im supposed to go back to America in 5 days

 

Right now Im freaking now and I don't know what to do. Can I go back to the states? the letter said that my LPR status has been terminated.

 

Im freaking out, and it is Sunday I don't even know a lawyer that I can call. I had a panic attack this morning when I found out the news and my boss took me to the emergency care they gave me medication. Im back at my hotel right now trying to figure out what can I do. I don't even know if Im gonna be allowed back in the US or what can I do. 

 

My car is waiting for me at the Newark airport

 

 

 

 

 

 

You donnt have to refile. Call a good attorney. I messaged you an attorneys name who helped a friend

 
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