Bulky I-751 Application

[OldUser 6,633]

3 hours ago, Family said:

That is a 50 page ‘pain in the ..a-neck’ for the reviewing officer. You could ask rental office to write up a short Verification of Tenancy Letter for each year (it’s  of high value ) and just enclose 1st and last signature page of the leases.

 

Definitely do quarterly statements for bank/credit and utilities.

I doubt officer is going to review all 50 pages. First page, sees both named, start day of lease, address. Skips to page 50, it's there, meaning document is full. Off to the next piece of evidence. I'm sure the trained eye of the officer knows what to look for. Also, it's most likely a scanned document on computer at point of review. Scroll scroll to the end, check mark for evidence.

[MarJhi 959]

12 hours ago, OldUser said:

I do not see a correlation between packet size and adjudication speed. Not all evidence is examined page by page. 

Otherwise, small packet or big packet, I-751 form itself is what adjudicator looks at, and it's the same number of pages every time.

 

Whenever they need supporting docs, they open table of contents, look up entry such as: "Bank of America statements, page 12-100". They go to page 12, look at a statement or two and that's it, skip to next evidence such as utility bills. What page is that? That's page 304. Ok, got a statement or two from there.

 

There's no rocket science here, it doesn't matter if evidence is large, it would take similar time to review.

 

Now, if adjudicator suspects something, then yes they'll study everything. But again, they don't have to remember all the figures or all information from all pages. Just glance over it.

 

USCIS says in instructions to send as much evidence as you can.

 

Unless you're trying to guess what they want, you'd follow instructions literally.

 

I worked with lawyers for AOS and I-751. There was never a pushback or surprise about evidence I submitted, and there were hundreds of pages. Everybody in immigration is used to thick files.

It's the thick file without substance or thin file that brings attention.

Cool,

 

Just stating my experience and that's that. Small packet, no issues, no RFE's, no problems .

 

And in any line of work I have been in,  when employees are running towards the end of the work day they will pick a smaller workload over tackling a larger workload every time. But unless we are in the room where the processing is being done we will never actually know😁

[OldUser 6,633]

26 minutes ago, MarJhi said:

Cool,

 

Just stating my experience and that's that. Small packet, no issues, no RFE's, no problems .

 

And my experience: larger packet, no issues, no RFEs, no problems. It's all about the substance in that packet.

[MarJhi 959]

12 hours ago, OldUser said:

 It's all about the substance in that packet.

Yes, efficiency is great.

[daru 4]

Do yall know by how much it delays processing?

I sent a bit over a month ago a request to amend my I-751 case from joint to abuse waiver with a bit over 400 pages, and I put each type of evidence in a separate folder, then used paper clips for thick exhibits.

I know they received the packet via FedEx but I haven't received any acknowledgement yet that it was scanned (like a receipt notice, or a status update saying their received my correspondence).

Do they ever reject packets because of paper clips and folders or should I just be patient?

 

The original joint application packet is about 100 pages thick and was prepared with a lawyer.

I prepared the abuse amendment myself.

210 pages are transcripts of audio recordings, 40 pages for the statement, 35 pages for a collage of pictures, 15 pages for our respective Amazon order history, 15 pages for cover letter + detailed list of exhibits + list of qualifying acts for which I have corresponding exhibit references, ~20 pages of police/court records, ~10 pages of medical stuff, etc, our most recent lease, a notice to cure from the landlord.

So it all is relevant stuff.

Edited October 14 by daru
Added info on volume and relevance

[Boiler 45,467]

30 minutes ago, daru said:

Do yall know by how much it delays processing?

I sent a bit over a month ago a request to amend my I-751 case from joint to abuse waiver with a bit over 400 pages, and I put each type of evidence in a separate folder, then used paper clips for thick exhibits.

I know they received the packet via FedEx but I haven't received any acknowledgement yet that it was scanned (like a receipt notice, or a status update saying their received my correspondence).

Do they ever reject packets because of paper clips and folders or should I just be patient?

 

The original joint application packet is about 100 pages thick and was prepared with a lawyer.

I prepared the abuse amendment myself.

210 pages are transcripts of audio recordings, 40 pages for the statement, 35 pages for a collage of pictures, 15 pages for our respective Amazon order history, 15 pages for cover letter + detailed list of exhibits + list of qualifying acts for which I have corresponding exhibit references, ~20 pages of police/court records, ~10 pages of medical stuff, etc, our most recent lease, a notice to cure from the landlord.

So it all is relevant stuff.

Not sure how many people would recommend an abuse waiver over a divorce waiver.

 

Why are you not letting your Lawyer handle this 

[daru 4]

Because I am not eligible for a divorce waiver as I am litigating it (and all the legwork I put for the abuse waiver is readily usable by my family lawyer in the divorce proceedings) and it will take a  good while.

On the other hand, I am VERY eligible for the abuse waiver.

Additionally, I have use for the protections afforded by that waiver, and I filed N-400 a few weeks ago.

I wouldn't be eligible for the N-400 for another two years if I had requested a divorce waiver instead.

Also, our lawyer who did the joint filing said she couldn't file a waiver amendment for me because it would be a conflict of interest.

 

Finally, thank you for your answer reply to my question about processing delays.

[OldUser 6,633]

17 minutes ago, daru said:

 

Also, our lawyer who did the joint filing said she couldn't file a waiver amendment for me because it would be a conflict of interest.

 

You don't have to use the same lawyer 

[OldUser 6,633]

23 minutes ago, daru said:

Because I am not eligible for a divorce waiver as I am litigating it (and all the legwork I put for the abuse waiver is readily usable by my family lawyer in the divorce proceedings) and it will take a  good while.

 

I guess if the estate being split is worth it...

 

Good luck and let us know how it goes!

[Boiler 45,467]

8 hours ago, daru said:

Because I am not eligible for a divorce waiver as I am litigating it (and all the legwork I put for the abuse waiver is readily usable by my family lawyer in the divorce proceedings) and it will take a  good while.

On the other hand, I am VERY eligible for the abuse waiver.

Additionally, I have use for the protections afforded by that waiver, and I filed N-400 a few weeks ago.

I wouldn't be eligible for the N-400 for another two years if I had requested a divorce waiver instead.

Also, our lawyer who did the joint filing said she couldn't file a waiver amendment for me because it would be a conflict of interest.

 

Finally, thank you for your answer reply to my question about processing delays.

 

Thanks. I was trying to remember the benefit  of going the abuse route, I know there was one, and yes it is the 3 year naturalising. I assume this is important to you.

 

I assume you also filed the N400 to get the I 751 moving.

[daru 4]

On the split, I'm not really after assets.

I'm looking to keep the custody of both pets, and to have debt of mine linked to his financial abuse reassigned to him.

That includes a tax debt around $20k that he's not paying at all and not being a citizen I can't default on it.

That means I can't have his wages garnished until I'm a citizen and/or litigate for it in the divorce.

It also includes his skipping rent when he felt like it, currently not paying rent despite having moved out due to the full OOP but refusing to sign himself off the lease while fully aware that it's preventing me from renewing it. It includes his having undercontributed to all expenses for 3 years, like not paying for groceries or for household supplies and paying a tiny portion of the rent all the while earning about as much as I was and having had stable employment throughout the relationship.

For instance last year my Adjusted Gross Income was $37k, his was about $60k.

He was paying $1200/mo out of a $3700/mo rent and I was paying the difference + groceries + household supplies + pet supplies + energy + Internet etc.

Then I got hit for the second time in a row with a $12k tax bill because with these expenses I wasn't able to withhold anything on my freelance activity; which he deems is not for him to pay.

Meanwhile he spent his income on alcohol, sex clubs, clothing, tacky jewelry, drugs, trips to Mexico, criminal defense lawyers, PIs, etc.

And a bunch of other things financially. The total amount that I can argue he reasonably owes me ranges in the $45-75k so if I get a court to compel him to pay me half that I'll be happy.

 

I'm also looking for judicial acknowledgement of what I was put through, for an OOP as long as possible, and for whoever his next victim is to have a chance for a heads-up that they wouldn't have if we had gotten the annulment he has been trying to get.

 

Meanwhile, he opened a frivolous annulment suit in another State, heavily relying on the idea that I would not secure and pay a lawyer on time and file the correct motions, and that he would get a default judgement, all the while actively evading my proper divorce filing process server for months.

 

As far as abuse goes, our marriage was all in a one-party consent state.

As far as battery goes, he committed menacing, criminal mischief, assault, reckless endangerment, assault with a deadly weapon, stalking; and I provided evidence for like 15-20 occurrences of these crimes.

He cheated on me, he made immigration threats, he attempted to get me into a psych ward on a false report of suicidal ideations because I had him evaluated the week before for non-consent detox; he committed coercion, extortion, he tried to frame me and to acquire founded or unfounded leverage over me to shield himself from any attempt of mine to hold him accountable.

 

And so much more.

 

I provided 12 transcripts of audio recordings amounting to like 10-11hrs of audio; pictures of injuries and of apartment trashing and of him drunk; FB/Whatsapp/text screenshots such as the landlady asking me why all the neighbors are telling her amidst a whole weekend of him screaming graphic death threats to the neighbors for blocks of 10-15hrs at a time that they have been periodically us physically fighting right after hearing long-### dog shrieking sounds strongly suggesting he's being strangulated; screenshots such as me injuring myself at 9pm and spamming him for hours on FB to tell him I need him immediately because I need to go to the ER and he eventually (at 1am) goes, visibly annoyed "I'm busy I'm with a fuckbuddy" and shows up at home at 6am before leaving for work. He had left at 7pm for a drink real quick before we'd go to the movies, which, obviously, didn't happen.

I also provided 7 Domestic Incident Reports, one deposition for a criminal case, one ER summary for a neck sprain due to him pulling my hair, one for when he claimed I had suicidal ideations and the shrink diagnosed me on the spot with adjustment disorder with mixed anxiety and depressed mood, one after he inflicted me with minor scratches on hands with kitchen knives because I actively prevented him from stabbing cops and EMS with these. One email thread where a couple's therapist says he's cancelling the 3rd session and refunding me because he had a sleepless night dreading facing my husband again even though the sessions were on Skype.

 

What else ?

 

Oh on Pride 2023, I come back home at 10:30pm, the dog (100lbs) is loose and unsupervised, presumably has been for hours, so naturally I find a lot of pee and several huge turds in the bedroom (his crate is in the living room, at the exact farthest end of the apt). I sit down and start a breathing exercise to keep my composure and a building security guy knocks for me to come pick him up downstairs, tells me that he punched him when he went to pick him up at another floor because he was very drunk and attempted to access the wrong apartment.

So I pick him up downstairs and in the lobby in front of witnesses he started to scream at the security guy, to insult him, and called him n**** several times.

 

I can go on, there's a reason why my statement is 50-page long.

 

So, yeah, I believe that my B/EC case is pretty straightforward, that the quicker I will be a citizen the more I will be able to stand up for myself in all the upcoming litigation without being as worried about the backlash he may put in motion, and also I've been trying to move and to travel abroad as little as possible until I'd be a citizen, so I don't want to wait 2 more years.

A combined I-751 abuse + N-400 is by far my best route to safety.

 

I sent my request for B/EC waiver on 9/8/2024.

The joint I-751 receipt date is in early Aug 2023.

I filed N-400 online on 9/19/2024.

Online estimate is 3mo to N-400 decision, which is why the fact that the service center is taking a while ingesting my case amendment request is stressing me out.

I don't want for the N-400 to end up being denied or disrupted by that.

 

Edited October 18 by daru
Timeline info

[Boiler 45,467]

Ouch that seems a painful situation.

 

The Divorce situation seems complicated, hopefully you have a good lawyer and he has the funds for any settlement.

 

The system has not been updated to reflect long I 751 processing times. In the past a I 751 would have been resolved before any N400. But not now.

 

So just thinking through the general options.

 

N400 and I 751 are adjudicated at the same interview.

N400 is delayed either at or before the interview when they realise the I 751 is outstanding.

They adjudicate the I 751 between now and the interview, this seems unlikely.

 

My best guess is that someone near to or at the N400 stage picks up the file and realizes this is not a simple case and delays the N400. We see very few cases of this sort so there is no normal.

 

[daru 4]

On 10/18/2024 at 6:21 PM, Boiler said:

My best guess is that someone near to or at the N400 stage picks up the file and realizes this is not a simple case and delays the N400. We see very few cases of this sort so there is no normal.

 

What are you referring to as being very rare (or seldom seen here) specifically?

That waiver as opposed to the I-360/to joint/to divorce waiver?

The combination of that waiver with the N-400 ?

The addition of that waiver to joint rather than outright filing with it?

 

😕

 

I'm expecting that whoever is processing the N-400 will pick up the I-751 and ultimately speed it up overall but I wouldn't be surprised for it to delay the N-400 at least a bit.

I also requested a name change to get a middle name, and I'm also expecting some scrutiny on my taxes as I'm on a payment plan for reasons mentioned earlier.

Other than that I think that my abuse case is rather overwhelming and that I don't really have any GMC red flag, so I'm more worried about the procedure and timeline than by the outcome itself.

[Boiler 45,467]

Divorce Waivers are very common, I do not keep count but they seem to pop up frequently so I assume likewise USCIS sees a lot of them.

 

Abuse waivers, probably one or two a year. Now I do not see everything by any stretch but even if I miss a few still not very many.

[Family 3,988]

On 10/18/2024 at 2:03 PM, daru said:

On the split, I'm not really after assets.

I'm looking to keep the custody of both pets, and to have debt of mine linked to his financial abuse reassigned to him.

That includes a tax debt around $20k that he's not paying at all and not being a citizen I can't default on it.

That means I can't have his wages garnished until I'm a citizen and/or litigate for it in the divorce.

It also includes his skipping rent when he felt like it, currently not paying rent despite having moved out due to the full OOP but refusing to sign himself off the lease while fully aware that it's preventing me from renewing it. It includes his having undercontributed to all expenses for 3 years, like not paying for groceries or for household supplies and paying a tiny portion of the rent all the while earning about as much as I was and having had stable employment throughout the relationship.

For instance last year my Adjusted Gross Income was $37k, his was about $60k.

He was paying $1200/mo out of a $3700/mo rent and I was paying the difference + groceries + household supplies + pet supplies + energy + Internet etc.

Then I got hit for the second time in a row with a $12k tax bill because with these expenses I wasn't able to withhold anything on my freelance activity; which he deems is not for him to pay.

Meanwhile he spent his income on alcohol, sex clubs, clothing, tacky jewelry, drugs, trips to Mexico, criminal defense lawyers, PIs, etc.

And a bunch of other things financially. The total amount that I can argue he reasonably owes me ranges in the $45-75k so if I get a court to compel him to pay me half that I'll be happy.

 

I'm also looking for judicial acknowledgement of what I was put through, for an OOP as long as possible, and for whoever his next victim is to have a chance for a heads-up that they wouldn't have if we had gotten the annulment he has been trying to get.

 

Meanwhile, he opened a frivolous annulment suit in another State, heavily relying on the idea that I would not secure and pay a lawyer on time and file the correct motions, and that he would get a default judgement, all the while actively evading my proper divorce filing process server for months.

 

As far as abuse goes, our marriage was all in a one-party consent state.

As far as battery goes, he committed menacing, criminal mischief, assault, reckless endangerment, assault with a deadly weapon, stalking; and I provided evidence for like 15-20 occurrences of these crimes.

He cheated on me, he made immigration threats, he attempted to get me into a psych ward on a false report of suicidal ideations because I had him evaluated the week before for non-consent detox; he committed coercion, extortion, he tried to frame me and to acquire founded or unfounded leverage over me to shield himself from any attempt of mine to hold him accountable.

 

And so much more.

 

I provided 12 transcripts of audio recordings amounting to like 10-11hrs of audio; pictures of injuries and of apartment trashing and of him drunk; FB/Whatsapp/text screenshots such as the landlady asking me why all the neighbors are telling her amidst a whole weekend of him screaming graphic death threats to the neighbors for blocks of 10-15hrs at a time that they have been periodically us physically fighting right after hearing long-### dog shrieking sounds strongly suggesting he's being strangulated; screenshots such as me injuring myself at 9pm and spamming him for hours on FB to tell him I need him immediately because I need to go to the ER and he eventually (at 1am) goes, visibly annoyed "I'm busy I'm with a fuckbuddy" and shows up at home at 6am before leaving for work. He had left at 7pm for a drink real quick before we'd go to the movies, which, obviously, didn't happen.

I also provided 7 Domestic Incident Reports, one deposition for a criminal case, one ER summary for a neck sprain due to him pulling my hair, one for when he claimed I had suicidal ideations and the shrink diagnosed me on the spot with adjustment disorder with mixed anxiety and depressed mood, one after he inflicted me with minor scratches on hands with kitchen knives because I actively prevented him from stabbing cops and EMS with these. One email thread where a couple's therapist says he's cancelling the 3rd session and refunding me because he had a sleepless night dreading facing my husband again even though the sessions were on Skype.

 

What else ?

 

Oh on Pride 2023, I come back home at 10:30pm, the dog (100lbs) is loose and unsupervised, presumably has been for hours, so naturally I find a lot of pee and several huge turds in the bedroom (his crate is in the living room, at the exact farthest end of the apt). I sit down and start a breathing exercise to keep my composure and a building security guy knocks for me to come pick him up downstairs, tells me that he punched him when he went to pick him up at another floor because he was very drunk and attempted to access the wrong apartment.

So I pick him up downstairs and in the lobby in front of witnesses he started to scream at the security guy, to insult him, and called him n**** several times.

 

I can go on, there's a reason why my statement is 50-page long.

 

So, yeah, I believe that my B/EC case is pretty straightforward, that the quicker I will be a citizen the more I will be able to stand up for myself in all the upcoming litigation without being as worried about the backlash he may put in motion, and also I've been trying to move and to travel abroad as little as possible until I'd be a citizen, so I don't want to wait 2 more years.

A combined I-751 abuse + N-400 is by far my best route to safety.

 

I sent my request for B/EC waiver on 9/8/2024.

The joint I-751 receipt date is in early Aug 2023.

I filed N-400 online on 9/19/2024.

Online estimate is 3mo to N-400 decision, which is why the fact that the service center is taking a while ingesting my case amendment request is stressing me out.

I don't want for the N-400 to end up being denied or disrupted by that.

 

Dang…you can paint😂

Masterstrokes , for sure on the VAWA ( I-751 claim) . ..w plenty of ( photographed ) physical /battery and witness affirmed verbal assaults. 
 

The financial shortfalls of your fellow, won’t be considered for the waiver ( since they do not involve his coercive control of your account(s) …but you have plenty of other abuse markers, so no worries.

 

You are wrong about not being able to negotiate debt allocation as an LPR, in divorce proceedings. Even an undocumented immigrant has same standing in family court. 
 

Dividing joint marital debts ( including IRS) is best accomplished in the MSA / marital settlement agreement…cause court won’t hold him ‘ accountable “ for being a poor provider or go back and tally up who did what or where they fell short. 
 

I am sure you are aware, you described a man in the throws of a serious and often fatal disease : addiction. Hope he gets help .