mindthegap

Thanks. I love finding new bits of 'matter of' case law containing nuggets of gold.... "The BIA’s decision limits the ability of practitioners to seek 237(a)(1)(H) waivers for conditional resident clients in removal proceedings. Arguably, the decision does not eliminate the possibility that some conditional residents can continue to seek 237(a)(1)(H) waivers. However, it limits the class of conditional residents who may be eligible for these waivers. Specifically, the BIA focused on the fact that the noncitizen’s conditional resident status was terminated for failure to file a joint petition. In Bador, a joint petition was initially filed, but the U.S. citizen ultimately withdrew her support for the petition, which under the law is treated as a failure to file.   " That actually raises a VERY interesting point that I had completely overlooked in my case for all this time..... They went to USCIS and claimed they did not know of, consent to, or sign an I-751, so why was their support not withdrawn, either at their request (which you would think would be pretty much automatic if you are claiming that you didn't know about it), or at the instruction of USCIS? Why did it persist as a joint filing for over two years until I had an opportunity to switch to a divorce waiver at interview. It absolutely was still being treated as a joint petition, as I was instructed to tick the 'divorce waiver' box at the interview (the one that I have a recording of too!) Had it just been withdrawn and then NTA/notice issued of failure to file..that would be very different to the present scenario. That has now been added to my notes for future use as that is a very interesting angle. Maybe one day there will be 'matter of mindthegap' being cited....although I really don't want that😅

Yep.... that is a HUGE reason for not giving up. Huge. HUGE. BIGLY. Hypothetical question for you. If someone in this situation was to be married to a US citizen (not the one that caused such a scenario, obviously), would they have to still overcome this to adjust via that? I know the procedure was changed and changed in 2019, for example, ref: matter of stockwell (and we had actually both commented on that before on here, such as my post HERE , containing lots of links, and you also commented a fair amount on that thread...which is now spookily like the situation I now find myself in)... allowing one to adjust after receiving a denial but before a final order of removal...instead of having to wait for the final order. In my situation, my denials all cite INA 216(c)(3) only. The mentions of fraud are only in the text, and of course no NTAs issued for any denial to date.

Understood. As long as I continue to be here legally, work (both of which I know I can) and to leave and return as I see fit, then that is fine. Not being able to leave and return would be a deal breaker, for various reasons, including health, and elderly family. I am still considering my options and waiting to see if Sandra replies to me. I also note that the snaky *person* who wrote this decision did it on the very last working day before xmas. Classy, eh.

I am. Have sent a message. Thanks for the hook up and words. Means a lot.

Apologies. I'm sure you can appreciate the frustration in my posts. I thought the words were sufficiently censored and obscured. Hey, I even looked for & found the correct gif without the f word 😂

If you read all of that and understood it, then get yourself a cup of tea and a biscuit (and maybe a therapist and a glass of scotch) Oh, and if USCIS is reading this (and I know some of them do):

Thank you . I decided to write a separate reply post for you and for this, as it really helped when I read it. Your contributions have been invaluable and I hope are still. Thank you so much. You are, of course, completely correct. I have so many times told people to stick with it, relax, stay calm, that the wheels of immigration turn slowly. As for whether I will win? Well, it kind of shakes your confidence after so long (9 years) and three denials. Monumental gaslighting that makes me think I am going mad. You mean my third filing, like this 😂? That is over 30lb of paperwork before boxing, 40 separate sections, spanning somewhere around 5000+ pages (lots were double sided printing) of evidence. It cost me hundreds to fedex, wore out two printers, and cost a fortune in ink (quick, buy Brother shares now!) And did they read all of it? No. Did they list most of it? No. Did they focus on their sole point of contention, seemingly at the expense of everything else? Absolutely. It is RIDICULOUS. Well, that is useful, as first was for 'improper filing' (more on that in a moment). The second was because I included not much evidence (because it was in the first filing), and had 'not overcome the basis for the first denial (and they also said all the credit card statements and documents were easily editable and forgeable, which made me really mad). The third they have outright called it a fraudulent or sham marriage (using those exact words). Except, elsewhere in the same denial they state that it was clear at the time of filing that 'the marital relationship had begun to deteriorate and termination of the marriage was imminent'. Erm...it can't be both 😅 can it? It's a sham marriage that had begun to deteriorate? What planet are these clowns on? The crux of the fraud claim is this (and I'm no longer going to hide it, because (removed) them): my ex spouse, shortly after we separated and had stopped speaking for ever except via lawyers, went to USCIS, and claimed that they had no knowledge of, did not consent to, and did not signed the I-751, and that I f orged their signature on the joint I-751. Thats it. That is the whole reason for this mess. Hell hath no fury like a sociopathic malignant-narcissist scorned (and discovered cheating and still using narcotics, again) That is categorically and provably false (two people who witnessed the signing the I-751 have written statements to that effect), not to mention sending copies of emails that were echanged between me, them, and family members, after the fact proving the knowledge of the existence of it, even a couple of emails with a full page scan of the I-751 extension letter attached (and visible). Not to mention the fact that we we entered the US at the CBP booth together a few months after filing, using that very I-751 extension letter ('oh what's that big piece of paper honey? Haven't seen that before...'). And, the biggest point of all, the monumentally stupid underlying fact that escapes these pea brained imbeciles, is that an I-751 can be filed without the spouses signature in the first place, which renders that whole argument null. Why the hell would someone be STUPID enough to forge a signature that isn't even required in the first place, with a form that can be filed at any time solo? It's utterly nonsensical. I have an exceptionally high IQ, but even if I had an IQ of under 75 I wouldn't be THAT stupid. BUT WAIT...there's more. They claim the fraud detection unit have reviewed 'multiple documents' and have thus determined a clearly forged signature. I submitted multiple examples of official documents - multiple country passports, multiple countries drivers licences, and other official and unofficial documents, demonstrating that their signature changed almost on a weekly basis and was different on every single one. IGNORED. Doesn't matter that I refiled from scratch with a waiver, instead of amending it. They still keep circling back to that same false allegation, undermining everything. There are massive errors in the adjudication, they have ignore vast folders of documents. They claim that this allegation was discussed in my single I-751 interview for the first filing (as it is supposed to be, as per policy)....well, dear reader (nod to you swifties there) I can tell you they did not. They asked if it was my spouse's signature, and I said it was, because it was. It was not discussed beyond that single question........and I can prove it. You know how I can prove it? Because (and you will love this) I audio recorded that entire interview, and the mp3 has been safe and sound stored in multiple places and backed up in my dropbox for 7 years now. it is a joke. And I am stuck in the middle of it. So I sincerely hope that they have to prove it, rather than me disproving it. Do you have any links to the legalese of that? Interesting, because the first denial was in 2017. No NTA to date. The second was in 2021. No NTA to date. All three filings were filed with and adjudicated by USCIS, and my file is still within USCIS (the eeyore automated case system shows no case, and I check it very regularly, including making it a ritual that it is the very last thing I do before I board a flight out of the US for peace of mind). I can only think that because I have refiled so very fast each time, that it is within the 'hold' period that gets checked by them (see here from my FOIA response): and consequently it stays within USCIS. That would make sense...non? So, I find myself at a crossroads right now as to what to do. Refile? Wait? Do nothing? Either way it is going to be a long, messy, mess, Anyway...I'm ranting a tad. Time for a hot chocolate and a scone.

You would think so....but no. All they have done in the past is forward my enquiry form on to them, via fax (which I can see in my FOIA responses, so they were definitely sent). Thats it. Which did not speed up anything whatsoever. No amount of follow up, pleases for assistance, or anything else did anything. So, effectively useless. I mean, call me cynical, but I don't have high hopes for the words 'fair hearing' in any capacity regarding USCIS. The backlog for everything is ridiculous, so regardless of whether it is another filing, or waiting for court, I remain in limbo. If I could sue, believe me I would. Unfortunately there is a massive difference between what you know and what you can prove.. It was seriously being considered... there are so many abysmal lawyers out there, fleecing people for information freely available with a little research, or worse still, telling them incorrect or downright adverse information. I have accumulated a ridiculous amount of knowledge of this journey, to the extent I can quote chunks of INA and field manuals verbatim from memory, and by helping people going through the same, it is my way of giving something back. 'Don't let the (removed) grind you down' is the traditional english phrase for that, and you are completely right. It's the mental strain more than anything. The perpetual limbo I live in, more of those bloody stamps at least once a year, worrying if the mail is going to contain another denial, or an NTA...worrying about a denial or something happening when out of the country, and worrying coming back into the country, and having to visit secondary every single time. It is exhausting. I try to put it out of my mind as much as possible, but it is *always* there. For a while it significantly affected my health, both mentally and physically. If that is a serious offer, then I'm in. Please DM me. I'm not going down without a fight. Quite. The issue is the negative decision, and the fact that they are completely disgregarding their own procedures, policies, and protocol, ignoring vast chunks of my case, and are fixated on one aspect of my case, seemingly at the expense of everything else. Thank you. Unfortunately, I can't wait weeks... USCIS and the process is glacially slow at the best of times, but this is one of those situations where I can't be slow. And you are quite correct, that a fight here is worth it, if nothing else for the principal of it. Thank you. I am (despite some of my at times angry posts giving the impression to the contrary), far too quiet, humble, and modest to set up such a thing or ask people for money. Do you have a source or any figures for that? Obviously removals for overstay/ failed asylum claims etc are very different to this, and I've never looked at any figures for this specifically. Thank you. If I may ask if you could DM me some details of what you did, it would be appreciated. I would be very interested in hearing about this. Gives me a modicum of hope. Other than insane costs, ridiculous shark lawyer fees, bankruptcy, (another) mental/nervous breakdown, and of course the possibility of it being entirely futile and not winning, sure, there are absolutely no downsides A refile, yes. Endless lawyers fees? No. It tastes like feet dipped in sour milk. I'm a choc-a-holic, and a family sized bar of English Cadbury's dairy milk is snack sized to me (seriously, I'll inhale it)...but the US stuff? YUK. I won't touch it. Probably a good thing, so I can enjoy my semi-regular shipments of the good stuff.

Thank you all of you, and also thanks to those that DM'd me. Really, thank you all so much, as you possibly kept me from pirouetting off the Brooklyn Bridge which is how I felt on Friday evening when I opened the mailbox... I'm truly, totally and utterly exhausted and sick of this, I'm sick of USCIS, I'm sick of having certain parts of life effectively on hold and in perpetual limbo... However.... So........ No. Way. It is the principal of it. So buckle up buttercups, this is gonna get messy....

Another denial. I’m done. I haven’t the mental or physical strength to continue with this journey.

Well it technically hasn't been rejected yet, as you haven't got it back! Yes, you know it has been from the declined charge, but just let it play out. They have a procedure for this, they stamp everything and send it back to you, and you just edit what needs editing, and resend it. Again, the card is proof of status, and not the status itself. It will not be considered late, it will not be refused, you won't be deported.

I would wait until it gets returned to you, which should be soon. Every page will be stamped, and there should be a slip with it. Just keep it as it, simply add a new credit card card page or cheque on top, plus an extra cover letter (stating that it was sent and returned for denied payment) and all will be well. Relax. It will not be considered late. 1- Your proof of status (ie, your card) may expire on January 18th, your status will not. 2 - Read 1 again. 3 - Repeat.

Yes. You need the receipt number to schedule a call back to make the appointment, and at the appointment itself, but not the receipt.

No. It looks like this (I won't post one of my 12, as can't be bothered to redact the info), so this one is a stock image from USCIS Once endorsed, and hot stamped in the passport, it acts as a temporary GC (which is an I-551, this is an I-551 temporary stamp) for a period of one year.

I did....in the last paragraph.

I would caution against travelling out of the US in your present state - that is, to say with an incorrectly issued 10yr card and an I-751 extension letter. The extension letter is only valid when accompanying an expired 2 year card. By itself it is useless - for API, for boarding, for entry, for anything. The 10 year card, when run - possibly at API/check in but definitely at the border - should show your correct status, which is that of a permanent resident with an expired 2 year card with a pending I-751...buuuuuuut you would be presenting an apparently valid & unexpired 10 year card, without a pending I-90........ You see what I am getting at here? It could open a whole can of messy worms for you to have to explain and may take a little while. Take it from me, visiting secondary every time sucks. Could it work? Possibly. Is there massive potential for being stuck overseas and having to pay 600 bucks for a boarding foil? Absolutely. Best not to take chances. Thankfully, there is an easy(ish) solution, which is an I-551 stamp in your passport, which negates the need for the extension letter. Get an appointment made, and when you have an appointment, take along the 10 year card, the denied I-90, and your new receipt/extension, explain the situation, and they will hook you up. Unfortunately this needs to be renewed every 12 months, but better than the alternative.

It means it has been accepted, and you will shortly receive your extension letter in the mail. Relax.

May 2015..... Quite.... Not a competition I really want to win, or frankly even entered into...but yes, it is somewhat ridiculous at almost 9 years at this point. Admittedly that is three filings, but that just adds to the sheer ridiculousness of the situation. To the OP, get yourself a cup of tea and a good book. You are going to be waiting a while - there is a reason they are currently issuing four year extension letters.

No.

Another quality 'attorney' who possibly got their law degree free inside a packet of breakfast cereal. What a clown. Dispense with their services immediately. I wouldn't worry too much. Late filing isn't a massive issue. Just await the extension before any travel.

It happens. That is life. Learn from it. Not their decision. They don't own you, and it doesn't work that way. Call the cops and file a report. Not only because it's illegal, and for your safety, but also for your upcoming USCIS issues. Get everything documented from this point on. Committing multiple felonies isn't cool, kids. Not going to happen....I mean, how stupid are people that they think they can do this? Unless they are dumb enough to claim they knew it was fraud (in which case they are admitting to a felony). It'll be a divorce. Firstly, relax. Despite your spouse's threats, you won't be instantly deported. You are a lawful permanent resident and have rights. For your permanent resident status to be stripped, is a very long process right now....involving several stages, with long wait times for each. You have rights in law, that are absolute. You are on step 0 of about 347 at this time. Secondly, protect yourself. Report his thefts to the cops. Get away from him (or get him away from you). Protect yourself first and foremost. Thirdly, if divorce is going to happen, then get on with it. No point dragging that out, especially in these circumstances. Fourthly, gather documents. Anything and everything that has a shred of stuff that you were together - for the entirety of your relationship, but especially since you were married and gained your conditional status. Bank statements, mail addressed to your both, bills, copies of IDs showing same address, cards addressed to you both, junk mail. Everything and anything that demonstrates a link. Doesn't matter how insignificant it may seem, just grab it all, copy it, and keep it safe, in case they decide to mess with that stuff. Divorce is not a reason for I-751 denial. Doesn't matter that you had an affair, it is still not a reason for denial. You can file an I-751 by yourself, at any time, once you are divorced (or close to it) so get on with getting that divorce sorted. As a divorce waiver filing, they are not involved in that. Sure, they can make things difficult - as someone on the receiving end of a lying, unfaithful, bitter and mentally unstable spouse who then told lies to USCIS to try to get me deported I can absolutely attest to that - but stick with it. You aren't an amazon package they can simply return if things don't work out. When does your conditional card expire? Let's start there.

Live your life for YOU, not for some arbitrary and completely subjective USCIS 'list'. There is no 'right' or 'normal' way to run a marriage, and many couple live apart for extended periods for a variety of reasons. Document everything in this case. Visits, facetimes, phone calls, text messages, emails, cards, random gifts/flowers/cookies you send via goldbelly to one another. The more evidence you have, the more you can provide, and you can't provide what doesn't exist.

Cool, don't forget that with the I-131A, I am fairly sure you need to pay before taking it to file (as written in the 'where to file' box on the link). You had your I-551 because you filed an I-751, right? And the extension letter ran out, and you got an I-551 stamp, correct? Then yes, you are an LPR. A conditional LPR, technically, but thats semantics as a conditional LPR is an LPR. The stamp is evidence of your status, not the status itself. Only an immigration judge can terminate your status (or yourself by filing an I-407, which I'm fairly sure you haven't done). Well, since there is no 'I'm an idiot who left the US without having proof of status and without consulting VJ first' option, you would select the first one, which is' "Returning from temporary travel outside the United States of less than 1 year, and your permanent resident card (also known as a green card) has been lost or destroyed". It technically hasn't but it would result in the same situation you are in - being stuck overseas with no current proof of status. Thats the closest option to your current predicament, the same as if you lost/someone stole your passport with your I-551 stamp in. The second option is applicable to those LPRs with re-entry permits (confusingly called an I-131, which is very similar to the permit you need which is an I-131A, but is a completely different thing), who have been (legally) out of the US for more than one year and less than two years. This is not applicable to you. The third is for those who aren't LPRs and are travelling while on EAD, advance parole and other such similar status. This is not applicable to you. Yes. Again, The stamp is evidence of your status, and not the status itself. You are a conditional permanent resident. You are a permanent resident up to and beyond that being adjudicated. Only an immigration judge can terminate your status (or yourself by filing an I-407, which I'm fairly sure you haven't done). In some ways it is designed to be confusing and opaque. How do you think these clowns make money? Yes, you do now know more than the agent, but stay humble. Be assertive, and firm is necessary, but humble, and remain calm. You are a LPR, you have rights enshrined in law, and yes, you now do know more than the average person, thanks to this expensive lesson. Remember, there is still always the option of the cheapest flight to Canada or Mexico and entering via a land border. Book the cheapest return you can find, to Toronto, Montreal, or Vancouver, find your way to the border, and then when in the US throw away (forget about) the return flight - it would be cheaper than booking a one way. *yes I know the OP is not an idiot and it is not a personal attack. I'm posting it to emphasis the very real seriousness of their predicament. Hopefully it will assist someone else in future who searches for it, and prevent them ending up in the same situation.

Matters more on dating profiles than USCIS. They don't care.

HUCA - hang up and call again. Not all agents are created equal. The info on an I-131A (commonly known as a boarding file) is HERE . You pay and fill in the form before taking it in person to the embassy - the instructions are there in that link. This alone demostrates the person you spoke to knows absolutely nothing. Permanent residents are not eligible for ESTA, and if you tried, would more than likely be denied, and if not, it would almost certainly get picked up by the API. This is not an option for you.