Jump to content
Yosef

Declined 1-751

 Share

73 posts in this topic

Recommended Posts

2 minutes ago, Yosef said:

That's interesting . I have a 797 valid until May 2023 . In your experience one can travel even although there was a denial on the i-751

I think you've probably exhausted the advice you are going to receive from the forum. Folks have laid out some pretty clear next steps for you to consider. There's no way "around" this situation - either challenge the decision with an I-290B (which may or may not be accepted) or file a new I-751.

A magical mystery tour of many US visas prior to AOS... (J-1, F-1, H-1B)

I-485/AOS:

Spoiler

EAD/AP - NOA received May 18, 2020

AOS - NOA received May 18, 2020

Biometrics (Code 2) - August 5, 2020

Biometrics take 2 (Code 3) - August 27, 2020

Ready to be Scheduled for Interview - September 8, 2020

EAD/AP Approval Notice - October  1, 2020

EAD Card Received - October 13, 2020

Interview Scheduled Notification - March 1, 2021

Interview Scheduled - April 6, 2021

GC Approved - May 7, 2021

GC Mailed - May 11, 2021

GC Delivered - May 11, 2021

 

N400 Citizenship:

File Date - January 8, 2024

Biometrics Waiver - January 8, 2024

Interview Scheduled - March 7, 2024

Interview Date - April 12, 2024

Conditionally Approved Pending I-751 Transfer - April 12, 2024

I-751 Case Was Transferred to Another Office - April 12, 2024

Case Approved - May 5, 2024

Oath Ceremony to be Scheduled - May 5, 2024

Oath Scheduled - May 18, 2024

Oath Ceremony - June 18, 2024

Oath Ceremony Cancelled - June 12, 2024

Oath Ceremony Rescheduled Date - July 30, 2024

DONE

 

Removal of Conditions:

File Date - January 7, 2023

Package Delivered - January 9, 2023

NOA Date - January 10, 2023

NOA Received - January 17, 2023 (dated "received" January 9, 2023)

48 Month Extension Received - March 20, 2023

Case Approved - May 3, 2024
 

event.png

Link to comment
Share on other sites

6 minutes ago, Yosef said:

That's interesting . I have a 797 valid until May 2023 . In your experience one can travel even although there was a denial on the i-751

Probably. I've specifically been told that by immigration officers before and USCIS employees before when I've been for stamps "why do you need a new stamp? the letter/old stamp is valid still" etc

However, following my own denials, I made sure to have the new I-751 filed, the receipt letter issued, and then an I-551 stamp in my passport BEFORE I travelled, for absolute cast iron confidence I was ok. If that meant delaying travel, then so be it.

The receipt comes pretty quickly once filed, and for genuine emergency cases you can get a stamp pretty fast.

 

 

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. 

 

Link to comment
Share on other sites

16 minutes ago, Yosef said:

I have a strange idea can I apply for an esta visa whilst in Uk and enter on that or they will deport me 

You are not eligible for that.   You may need to modify your plans and focus on your immigration situation.   Sometimes we have to make choices based on priorities.

Edited by Jorgedig
Link to comment
Share on other sites

3 hours ago, mindthegap said:

In other words, YOU have to tell THEM, what laws, procedures or their own policies they violated by denying you. Yes, really, it is that stupid

I am a big fan of your crusade @mindthegap …but surely you can view this legal battle as similar to one’s fought in court, for example: you go in and tell them why they have jurisdiction and what laws/ decisions are clearly favorable to you.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Russia
Timeline

It is amazing how unfriendly and inefficient USCIS is to paying customers.

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!!!!!!!

Link to comment
Share on other sites

  • 4 weeks later...
On 1/20/2023 at 3:23 PM, Rearviewmirror said:

I think you've probably exhausted the advice you are going to receive from the forum. Folks have laid out some pretty clear next steps for you to consider. There's no way "around" this situation - either challenge the decision with an I-290B (which may or may not be accepted) or file a new I-751.

What if he files a new I-751 and gets a new extension, would he be able to travel internationally without issues? 

Link to comment
Share on other sites

2 hours ago, Ani2 said:

What if he files a new I-751 and gets a new extension, would he be able to travel internationally without issues? 

Nowadays extension letters are valid for 48 months. If he gets one of those AND it's less than 4 years since expiry date on conditional green card, he can travel on GC and extension. However, as @mindthegap mentioned, he also got the I-551 stamp to minimize chances of any issues.

Edited by OldUser
Link to comment
Share on other sites

4 hours ago, Ani2 said:

What if he files a new I-751 and gets a new extension, would he be able to travel internationally without issues? 

Yes.

 

Caveat that with as long as the extension letter is within validity - remember that it extends from the card expiry date and NOT from the receipt/extension letter issue date. If not in validity, then an i-551 needs to be obtained, and really should be anyway in such an instance. 

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. 

 

Link to comment
Share on other sites

31 minutes ago, mindthegap said:

Yes.

 

Caveat that with as long as the extension letter is within validity - remember that it extends from the card expiry date and NOT from the receipt/extension letter issue date. If not in validity, then an i-551 needs to be obtained, and really should be anyway in such an instance. 

I see. It’s good to know that. 

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...