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Eke101

I751 pending first filing denied, was referred to court. Second i751 filled but pending. Can I travel out of the USA?

By Eke101 in Removing Conditions on Residency General Discussion

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Timona Experienced

Timona   4,207

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Filed: Citizen (apr) Country: Kenya
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Were you and your wife divorced before your first ROC? Or were you separated before that ROC? 

 

I find it weird they just denied your case and issued you a NTA. Something is missing here...

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.

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Eke101 Rookie

Eke101   0

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Filed: AOS (pnd) Country: Nigeria
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@Timona we first filled together,  then had a problem and she didn't go to the interview with me and I didn't go as well and the case was denied because we didn't show up for the interview. We are divorced now so I had to refilled by myself.

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Timona Experienced

Timona   4,207

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Filed: Citizen (apr) Country: Kenya
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Just now, Eke101 said:

@Timona we first filled together,  then had a problem and she didn't go to the interview with me and I didn't go as well and the case was denied because we didn't show up for the interview. We are divorced now so I had to refilled by myself.

 

So both of you didn't go. Makes sense now.

You initially said she was the only one who didn't go.

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.

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mindthegap Experienced

mindthegap   2,589

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Filed: Lift. Cond. (pnd) Country: United Kingdom
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40 minutes ago, Pinkrlion said:

It does not matter what the law says, it has always been recommended that when in removal proceedings to not to leave the country.  OP can make up their own decision to come and go.  

Recommended by who?

 

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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Eke101 Rookie

Eke101   0

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Filed: AOS (pnd) Country: Nigeria
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@mindthegap just wondering what this means,  as at April 16 2021, my case status was showing FINGERPRINTS APPLIED TO YOUR CASE. Today been 18th October 2022, the update today is also showing FINGERPRINTS APPLIED to your case.  My question is, can FINGERPRINTS be applied multiple times? And this's coming after 18 months I filled. 

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da95826 Rising Star

da95826   387

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Filed: Citizen (apr) Country: Iran
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2 hours ago, Eke101 said:

My question is, can FINGERPRINTS be applied multiple times? And this's coming after 18 months I filled. 

In our i751 case we got 3 fingerprints applied notices during our case, so yes USCIS does multiple fingerprint notices during an i751 case sometimes. Our case continued normally and we have been approved 24 months after filing so it is a glitch that can happen, in our case it happens twice after the case was moved to the NBC from the California Service Center. Check out our timeline in the signature section below.

K1 Visa Arrived USA July 2017

Married August 2017

AOS Approved July 2018

 

Filed for i751 joint application May 2020

Fingerprints reused October 2020, and February 2021 and June 2021 (Yes 3 fingerprint notices)

Case move to National Benefits Center December 2020 for quicker processing from California Service Center

Oct 2021 out of processing time inquiry made, response May 5th 2022 that our i751 case will be addressed at our n400 interview

Combo interview May 16th 2022, in Sacramento

Approved June 08, 2022

 

Filed for Naturalization May 2021

Fingerprints reused May 2021

Combo interview May 16th 2022, in Sacramento, 

Approved June 08, 2022

Oath Ceremony completed June 29th 2022

 

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TBoneTX Grand Master

TBoneTX   45,244

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Filed: Citizen (apr) Country: Ecuador
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A hijack post + reply have been split from this thread into a new thread in the Effects of Major Family Changes forum:

"Fraud Accusations & Divorce; Advice?  [split topic]"

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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  • 2 years later...
Salva Rookie

Salva   4

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Filed: Lift. Cond. (pnd) Country: India
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On 10/13/2022 at 6:33 PM, Timona said:

Were you and your wife divorced before your first ROC? Or were you separated before that ROC? 

 

I find it weird they just denied your case and issued you a NTA. Something is missing here...

 

On 10/26/2022 at 12:06 AM, TBoneTX said:

A hijack post + reply have been split from this thread into a new thread in the Effects of Major Family Changes forum:

"Fraud Accusations & Divorce; Advice?  [split topic]"

 

Did you end up traveling? Can you share your experience please?

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Crazy Cat Grand Master

Crazy Cat   41,804

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Filed: Citizen (apr) Country: Taiwan
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***Old thread locked for further comments***

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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