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Rosa Garcia

Divorce waiver - I-751 denied, will see lawyer in a week. (split)

By Rosa Garcia in Removing Conditions on Residency General Discussion

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A110
A110

Wake up. This denial and dealing with is far more important than your vacation. If that is how you want to prioritize your life be my guest , but don't expect any other results if your biggest concern

mindthegap
mindthegap

I haven't, because on both my refiles, I did it immediately, exactly as I suggested you do on my prior reply.   No, it would take years.    You still haven't posted up your denia

mindthegap
mindthegap

Yes.   It was   It hasn't really. The denial letters are on shaky legal ground and not really factual. You remain a LPR until an immigration judge says so.    

Rosa Garcia Enthusiast

Rosa Garcia   59

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15 hours ago, Family said:

No matter what country you are from, you now need to learn how to treat yourself to  a cup of tea and click on @mindthegap profile , read ALL  his story / posts and draw on his strength. He has been waging a DIY I-751 battle for many many years. 

@mindthegap or anyone 

Have you ever received NTA? 

Should I expect to receive one next week?

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Allaboutwaiting Experienced

Allaboutwaiting   2,503

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28 minutes ago, Rosa Garcia said:

@mindthegap or anyone 

Have you ever received NTA? 

Should I expect to receive one next week?

There is no set time for an NTA to be issued. 

 

The more information you provide the better information you can get from members. 

 

Please answer the following questions:

1. When did you enter the US?

2. When did you file for adjustment of status? 

3. When did you get the green card? 

4. When did you divorce? 

5. What exactly does your I-751 denial letter say? 

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Family Mentor

Family   3,988

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4 hours ago, Rosa Garcia said:
19 hours ago, Family said:

No matter what country you are from, you now need to learn how to treat yourself to  a cup of tea and click on @mindthegap profile , read ALL  his story / posts and draw on his strength. He has been waging a DIY I-751 battle for many many years. 

@mindthegap or anyone 

Have you ever received NTA? 

Should I expect to receive one next week?

Nothing will happen next week, you have time to prepare. ..I
You could file an I-290 B just as a means to get additional time as you get a new ai-751 ready..don’t expect anything from it.

 

But even an NTA is not that scary nor does it mean all is lost. You get another chance to prove your relationship and marriage was real…and during the proceedings you are still an LPR 
.

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mindthegap Experienced

mindthegap   2,590

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Filed: Lift. Cond. (pnd) Country: United Kingdom
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19 hours ago, Rosa Garcia said:

@mindthegap or anyone 

Have you ever received NTA? 

 

I haven't, because on both my refiles, I did it immediately, exactly as I suggested you do on my prior reply.

 

19 hours ago, Rosa Garcia said:

Should I expect to receive one next week?

No, it would take years. 

 

You still haven't posted up your denial letter or the wording from it....

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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Allaboutwaiting Experienced

Allaboutwaiting   2,503

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1 minute ago, Rosa Garcia said:

I am. I'm busy with preparing my i-751. Sorry. In order to prepare it correctly what should I put and where that I'm filing again? Should I attach my denial decision? I don't want the uscis clerk check the date, deny it and say I'm a late filler. 

As said before: the more information you provide, the easier will be for the members of the forum to help you. 

 

At minimum, share your whole timeline from when you entered the US to when you filed for removal of conditions plus an image of the denial letter - without any personal information-.

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mindthegap Experienced

mindthegap   2,590

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Filed: Lift. Cond. (pnd) Country: United Kingdom
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1 hour ago, Rosa Garcia said:

I am. I'm busy with preparing my i-751. Sorry. In order to prepare it correctly what should I put and where that I'm filing again? Should I attach my denial decision? I don't want the uscis clerk check the date, deny it and say I'm a late filler. 

Brief cover letter stating it is a refile following a prior filing, and not to be considered late. 

It will be accepted. 

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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Rosa Garcia Enthusiast

Rosa Garcia   59

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48 minutes ago, mindthegap said:

Brief cover letter stating it is a refile following a prior filing, and not to be considered late. 

It will be accepted. 

Thank you. I'm working on the file. Do you know if Its a waiver including battery do i need it to send it to Vermont? Uscis is so confusing ...

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Lemonslice Experienced

Lemonslice   4,836

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Filed: Lift. Cond. (apr) Country: Canada
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2 minutes ago, Family said:

 

Busy is not necessarily productive. 

@Rosa Garcia  It seems you originally received bad advice.  Now, you're trying to fix the situation, but rushing into things without double checking that you are on the right path might be a lot of energy, on the wrong actions. 

 

A little like the saying "when you're in a hike, stop digging"

 

Please take the time to take a step back, consult with immigration help center in your area, or more than a lawyer.  If you can remove the private details from your denial letter, and you're comfortable, have some members here confirm that you are working in the right direction. 

 

Look for assistance in your state here:

https://www.immigrationadvocates.org/legaldirectory/

 

Also useful no matter where you
are - https://miracoalition.org/resources/know-your-rights/

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Lemonslice Experienced

Lemonslice   4,836

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Filed: Lift. Cond. (apr) Country: Canada
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24 minutes ago, Lemonslice said:

@Rosa Garcia  It seems you originally received bad advice.  Now, you're trying to fix the situation, but rushing into things without double checking that you are on the right path might be a lot of energy, on the wrong actions. 

 

A little like the saying "when you're in a hike, stop digging"

 

Please take the time to take a step back, consult with immigration help center in your area, or more than a lawyer.  If you can remove the private details from your denial letter, and you're comfortable, have some members here confirm that you are working in the right direction. 

 

Look for assistance in your state here:

https://www.immigrationadvocates.org/legaldirectory/

 

Also useful no matter where you
are - https://miracoalition.org/resources/know-your-rights/

*When you're in a hole, stop digging   Autocorrect :(

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