mindthegap

No. Not to mention they won't even give you a stamp if you have a still valid extension letter.

Yes - I am in double digits for stamps now (I think it is 15?). I get it renewed every year. It is important to note I ONLY get the stamp because my card expired almost a decade ago, and the 48 month extensions extend the physical card beyond to a maximum of 48 months beyond its expiration date (NOT from the I-751 filing date) so are useless to me, so the stamp replaces my extension letter. If it expired less than 48 months before your extension you would not need a stamp and could travel on the expired card + extension letter combo. Yes, and yes. I have travelled many, many, times out of the US and back in since. Remember, I have multiple I-751 denials. Understandable. The law is clear. Have a read of my post HERE and you will get some (very) detailed info and verbatim quotes from the actual law and genco 96-12 about this very thing.

Yes. Although if you refiled very quickly, you will most likely avoid any NTA being issued due to the options they have when denying and the 'hold' time they put on it. But it doesn't matter so much as it was denied on a (surprisingly common) technicality, and you have a newly filed I-751 anyway which will hopefully be approved at some point.

Yes. FOUR times (although I have to get a stamp now because my physical card expired way more than 48 months ago, but same principal). I travel frequently out and back in. Your status has not been terminated. USCIS lie. A lot. And their scary denial letters are not legally accurate either. You remain a LPR until an immigration judge issues a final order of removal, at which point you are no longer a LPR. You have a valid pending I-751, you have a valid extension letter, you have not had a final order of removal terminating your LPR status = you are 100000% ok to travel without any negative consequences.

Yes.

That is not correct.

That is all it takes...unfortunately. I also included marriage counselling documentation in amongst my 5000+ page last submission. Ignored. Now you are getting it...and how the mind of these morons works. It isn't fair, it is subjective, and once they have their mind made up, thats it. I have four I-751 filings to back that up.

Can I travel with this extension letter and new stamp while I am in removal proceedings? Yes. Is there chance to get approval (751) after 2 denials and with issued NTA? Is there a chance? Yes. Will it happen? Unlikely. Once USCIS are fixated on something and prejudiced about some aspect of your case, it is unlikely they will change their minds, as I unfortunately know only too well. Can I apply for citizenship while my 751 pending if I have NTA notice Yes. But file it with the understanding that it may well be denied (even after your N-400 interview) when they deny the new I-751 filing. If they don't deny the new I-751, then the N-400 would be approved.

No. A simple letter stating you are divorced and wish to convert your existing joint filing to a divorce waiver filing is sufficient. As others have alluded to, timing is a bit crucial here - if you notify them too soon, before you are divorced, you will get RFE'd for the final divorce, which you can't provide until you are divorced...which would mean a denial, and having to refile. If you leave it too late, you run the risk of being approved without notifying them of divorce. Get the divorce underway, then notify them when you are sure that the final divorce is imminent and have some sort of known timescale. You are doing nothing wrong by doing this - legally you are married, or divorced, and there is no 'pending' status box.

no, no, and no. Do not do this. You do not need to. No. You have a valid extension letter because your card expired less than 48 months ago. You are good to go. They wont even issue you with a stamp in your situation. The officers moods, feelings, what side of the bed they woke up on, or whether Dunkin’ was sold out of Boston Kremes that morning has zero bearing on the legality of your documentation and does not over-ride it. You are a lawful permanent resident. You have a valid I-751 48 month extension letter from a current & un-adjudicated I-751 filing, a card that expired less than 48 months ago, and you are not and have not been in removal proceedings, or have had a final order of removal ordered by an immigration judge.

Understandable. However, your status has not been terminated. Your I-751 has been denied, and that is not the same thing. An immigration judge (with a final order of removal), or you (via an I-407) are the only methods of terminating your LPR status. That sentence applies if you, say, had a 48 month extension letter issued 12 months ago, but in the meantime you had been to court and the judge had terminated your permanent resident status with a final order of removal (or similarly you had missed a court date and a final order was made by the judge made in abstentia). Under those circumstances, you would no longer be a permanent resident as your status would have been terminated, so the letter would not be valid as an extension, as there is nothing to extend. And yes, the denial letters are legally wrong which adds to the confusion for many, as those letters are frankly terrifying (and thats before they start accusing you of stuff in them with no basis for doing so). It is something I have pointed out many times on here as a personal bugbear. Glad you got it refiled and have the receipt. Now try to put it out of your mind for a bit. Also consider filing the N-400 appeal or a fresh N-400 which should hopefully speed it up.

Tell your friend to visit THIS link, put in their a#, and see what it says. If it says no case found, then 1) buy a lotto ticket, and 2) file an I-751 immediately , including a letter requesting the late filing be accepted due to being a total idiot (not really, but they have to give some reason for the late filing… perhaps pandemic, plus life stuff or something, I have no idea of your friends circumstances). If that letter requesting the excusing of the late filing is not included then it should be rejected, so it’s kinda important to include it. If, however, the link above gives something other than ‘no case found’, then post up what it says, as they potentially have bigger problems, and the course of action is potentially very different.

Yes, many, many times, although for the last eight years it’s been a stamp for me instead of a letter as my card expired in 2015, but the same principal, you can travel without issue. Don’t worry about it - as above, despite what the letter says, you remain a lawful permanent resident until an immigration judge says so (and that is a very long way away, if ever in your case).

Yes. Within the next 45 days. If an NTA appears it appears, but filing quickly is your best bet to avoid that happening, for various reasons I won't bore you with. Make sure to put a (brief!) letter in on the top, stating it is not being filed late, it is being filed because your prior I-751 was erroneously. denied. It will be accepted. Once accepted you will receive a new extension letter with a new receipt number, which is the one you use from then on. Technically you can still travel now, but I would not - I would wait until you have filed a new one and you have the new receipt/extension in hand from that. Now, here is the thing...once you have filed a new I-751, you are back in I-751 pending status, basically the same as you were before the interview. Therefore, after you file the new I-751 (assuming you do that fast enough), I would suggest considering also filing the N-336 for an N-400 appeal, or a fresh N-400. This is because the denial of your N-400 was based solely on the denial of your I-751 (which they refer to as termination of your permanent residence, which is utterly factually and legally incorrect), which happened solely because your wife wasn't at the interview. They can't deny a new N-400 without either denying your new I-751 or conducting either separate or a combo interview...so either way they have to review it. So if you file an N-336 or an N-400 AFTER you have filed a new I-751, you may well find yourself at another N-400 combo interview sooner rather than later. And yes, you remain a permanent resident until an immigration judge says so. Try not to worry too much, it will get sorted out - eventually.

That is absolutely not true.. I have had three I-751 filings, three denials, and only one of them - the third - received an RFE. I won't get into whether they legally should do or not (as we all know that many agents make this up on the spot), but the fact is that they do routinely deny stuff without an RFE, or a NOID, or an interview.