mindthegap

Oops Quickly invent a time machine, go back, and then request an urgent appointment with imminent travel within the next few days, meaning you would get given an in person appointment as a highest priority (the urgency of the travel dictates the speed). Failing that, your only options right now are: 1) Wait and see if it does arrive while you are away, and get it FedEx'ed to you there. It's only a small piece of card. 2) Fly to Canada or Mexico, and enter via a land border. They won't be happy, and will let you know they aren't happy, will take you to secondary to verify, but you will eventually be admitted. 3) Embassy for an I-131A boarding foil. Circa $600, plus a wait and a load of hassle.

Except on the form, there is no 'separated' box, nor a 'living apart but thinking about it' box. There is the joint filing box, or solo filing box because of divorce/annulment box, plus of course the deceased, extreme crueltly, and hardship options. Like I said, it's a binary choice at this point in time for the initial filing - you are legally married, and you are filing jointly because none of the other situations are applicable to you. So, what you are doing now is correct. It is a mess entirely of USCIS' own making. If you were to tick the divorce waiver box, you would receive, shortly after filing, an RFE for your divorce paperwork. If you couldn't provide that - and how would you be able to, when you are still married - you would receive a denial, which would neccesitate either a refile, or a long wait then a trip to immigration court (at which point, an I-751 would still need to be filed and approved). What happens later - should you get an interview, or you get divorced in the several years before that may happen - is an entirely separate discussion for a later date, and yes, being divorced before approval and not notifying USCIS could potentially throw up issues.

Nope. Married, or divorced. It's a binary choice as far as the filing is concerned. Now, approval is a different matter, and thats where the shades of grey come in...

Yes. Everything. Every single thing you can think of, obtain, remember, that shows anything connecting the two of you in any manner, both in address and in life. Every. Single. Thing. Get some more affidavits too, from people who know you both as husband and wife, down to the random person in that shop you can think of that knows you both. Print off random emails between you asking what groceries you want that night, or seemingly run of the mill things you have texted (with the date showing). Show that you have ecxhanged 5643 emails over the last 3 years. If you, as many are, are weak on this specific stupid arbitrary checklist of evidence that they somehow deem in their heads is necessary - and bear in mind this load of rubbish is completely subjective and down to the individual officers whims and what/how they personally perceive a 'valid' relationship - then it's time to get creative, right down to the junk mail that comes in the mailbox addressed to you both. You cannot provide what doesn't exist, so all you can do is provide what does. That is why my last filing was over 4000 pieces of paper (printed front and back). Everything. Just chuck it all in there.

Simple letter, notifying them (not requesting) that you wish to switch your previously filed and currently still pending I-751 filing, receipt #xxxxxx, to a divorce waiver, and that you are enclose your final divorce paperwork.

Well technically, I've been waiting since summer 2021, as that was the most recent fiing. One RFIE in april of 2022 for divorce paperwork that was (very clearly and prominently) contained in the filing. The 2015 one (the original joint filing) took two years. The 2017 (first refile) one took four years. This one? Who knows. Will probably have a base on Mars before it is concluded.

Zero risk. The A# input into API will check out as will the the expiry date of of extension letter put as card expiry (standard practice), and the extension letter plus expired card is valid for boarding as per carrier information guide. Worst case would be a quick visit to secondary (my entry last week took under 3 minutes) to verify status, but with a card + letter combo that probably won't even be required and should be done at the desk. They are a LPR (2 yr with pending or 10 year, it makes zero difference you are stamped in as LPR regardless) and have valid proof of that status, so there isn't an issue here. Put it this way, if it wasn't acceptable to use the extension letter to return in such circumstances, then there would be effectively a blanket issue on anyone with an extension for a pending I-751 travelling out of the country, as it could be approved at any time while out of the country, effectively stranding them overseas with an approval but no new card in hand. That makes zero sense (granted, much like lots of USCIS) and simply isn't the case.

Is your extension letter still valid (as in, within the stated time of validity beyond the expiry of your card)? If so, you can still use that in conjunction with your expired card. Thats if your new card doesn't arrive in time. If you do call USCIS to request a stamp, you will need escalating to a tier 2, and need to be stating the urgency of imminent and/or emergency/essential travel. If not urgent, they won't call you back within 30 days as it will just be a standard stamp request. If it is is marked as urgent, then they will. You may or may not need to provide proof of this - some offices do require it, some don't.

And yet here I am approaching year 9 of I-751 hell, and my ex spouse had zero evidence of what they said in their allegation either - there was zero evidence as it was a complete fabrication from their twisted mind. I on the other hand, have specifically refuted this with evidence, and USCIS do not want to know, or care. Rest assured, a properly motivated bitter/psychotic spouse can make things extremely difficult and expensive for the immigrant.

Divorce is not a reason for I-751 denial. Officially anyway. In practice, they absolutely do view it as a factor. Just concentrate on as much quality evidence together as possible. Pro tip: if you have correspondence/documents from you both attending couples counselling (appointment letters, receipts, or whatever), then include them... it's actually an excellent piece of evidence that shows it was a legitimate marriage that you were trying to save. Nope. I would not mention that at all, unless they specifically ask about it. That is of course a perfectly sensible and standard thing for many people when entering into a legitimate marriage, but in this context others may view it as suspicious, and given this process is completely subjective and half the time made up on the whims of whoever you are dealing with, it may cause issues.

Try a walk in first. This is usually possible with biometrics as long as you have an appointment scheduled and the letter.

It might arrive by christmas.....2027.

No

Unlike your attorney..... 1) You can switch an existing joint I-751 filing to a waiver filing, without having to refile, and without having to pay a penny aside form the cost of postage. If he has been doing this for 25years he should absolutely know that. It's I-751 divorce 101 on the most basic of levels. But then again, attorney 101 is often rinsing clients for fees...and of course, he's the one getting the fees for preparing a new filing, sending it, corresponding... 2) You are still legally married. You filed jointly together and have a pending case awaiting adjudication. To the letter of the law, it's a binary thing: Until you are legally divorced, you are still legally married. If you file for divorce now, until it is completed you are still married, there is no need to notify USCIS. Once the divorce is completed, if your I-751 still hasn't been adjudicated at that point, then that would be the time to notify USCIS with a simple letter requesting a switch to a divorce waiver. But doing that before you are divorced (or it is imminent to being final, like a few months away) would be absolutely detrimental to you, massively complicates things and will cause you no end of grief.

Because I can read.... it is a week after you originally posted and people posted helpful advice, and yet you are in the same exact position, having not tried it, and are complaining about it to the very people who tried to help you. FYI, those first examples you posted were during the pandemic, where USCIS idiocy was even worse than normal and it was a struggle to get an appointment for anything, even urgent stuff (as I discovered at the time), let alone a walk in for biometrics. As for your comments on my 'nightmare' , yes USCIS has made plenty of mistakes and errors in my saga (yes, a real 'nightmare', as it happens, that has been ongoing for over 8 years now), broken their own clear policies, and I have also had USCIS mail go missing, including interview appointments, and yes, biometrics appointments. If advice has been sought by me from others with direct experience of the matter in hand I will read it and try it and act on it accordingly, especially where it is blatantly obvious that USCIS own procedures don't work (because they don't). This place isn't here for a laugh, none of us are paid to be here. It's free, unlike lawyers, who often give abysmal and just plain wrong advice, while charging you $300/hr for it. Yet here has provided thousands of people with direct real world advice on exactly what steps to take, or to try, for their particular situation, including your very situation. Sometimes it works, sometimes it doesn't...but you had nothing to lose by trying a walk-in as advised. Walk-ins are by no means guaranteed. But, trying it would have cost you nothing, and may have prevented you a LOT of future hassle and expense. However, what IS guaranteed is that if you haven't done your biometrics, and a certain time passes (that exact time is dependent on which box has been ticked by USCIS on their internal form), you will receive a denial, and then have to file your I-751 allll over again, from scratch, the whole thing, with full fee AND pay a biometrics fee again! Which you really don't want to do, as that really is a 'nightmare'. Plus, you will STILL have to do biometrics anyway when your appointment gets sent out for the new filing. Bonne chance

Yes. The received date will be the day it is signed for.

I've had four biometrics appointments...and I've done walk ins for ALL of them. Conversely, I've had many many more dealings with USCIS than most on here, and their 'official' methods - including writing a personally addressed letter to the director of the field office, sent by overnight fedex - are are an absolute joke and are often ignored. People tell you this stuff for a reason, based on their own personal experience, built up through an accumulated knowledge that is in effect passed down from person to person on here, immigration generation to generation perhaps. The advice on here is also free, and the vast majority of the time, very accurate. Use it, or don't. But if you post with that attitude, don't expect people to help you out much more.

As soon as you got back and realised you had missed it, you should have a) posted here b) immediately gone and done it, which is what you would have been advised to do had you posted immediately. If you aren't allowed to do it, you are in exactly the same position you are currently, but at least you tried. If they do let you get it done, you have the receipt from doing it. Biometrics appointments are some of the most relaxed part of the process - once you have an appointment scheduled, you can generally get away with doing it early as a walk in, or slightly late, as long as it is done (providing it wasn't waived). You would still have to have an I-751 approved....so no, it isn't easier in any way, or some magical shortcut to avoid doing it. Bottom line, you have to either get it done for this application, or await the denial and refile an I-751 from scratch and you will have to get it done then (if it isn't waived).

Thanks..the least I can do is pass on the knowledge I have painfully acquired during this hellish process, and help others to not have to suffer it. That offer is definitely accepted for sure if you are ever here!

No, your reading is fine, and that is correct. First I-751 was filed in early 2015. And yes, it is a level of stress above & beyond.

Before re-sending them, you could do a FOIA request for part of your A# file, from the date right before you submitted your i-751 to present. That will show everything that they have and will tell you if anything went missing (although big chunks of many documents will be redacted).

Yes. Not all agents are created equal, and tier 1 agents are generally medicore at best and are only for verifiying details and escalating to schedule a call back/appointment. Use my handy acronym: HUCA (Hang Up and Call Again), and if necessary continue to do so until you get someone competent. You are entitled to a stamp (as proof of status) by law. If they require an urgent reason to give you an appointment - and renewing ID, employment verification, and urgent travel are ALL classed as urgent reasons by USCIS themselves - then give them one. Scared of what? Them doing their job? Don't be.

This is not correct. You are entitled to an I-551 stamp by law, and the standard procedure right now is to call, the tier 1 escalates to a tier 2, who will (eventually) call you back, and schedule an appointment. They are saying you need proof of a job offer in order to expedite the appointment. They designate the callback in a grading system - super urgent callbacks within 24hrs/same day, slightly less urgent within 72hrs, less urgent within 5 days, and standard within 30 days. The urgent ones generally require proof or urgency - which is infuritating - and this is what they are asking. There is no requirement to have a job, so why you would need such proof of it to obtain a stamp you are legally entitled to is, frankly, bizarre. You could book a (fully refundable) ticket out of the country, call up, say you are travelling in the next few days/week on a family related matter or something important, send them proof of the ticket if they ask for it (some offices do require it via email upfront, some only request you bring it to the appointment, others simply don't care) and you will should an appointment quickly. It's significantly easier than their stupid standard 'we will call you back within 30 days' rubbish.

Aside from...the law being true? My post is absolutely correct - if the OP hadn't had that stroke of luck/quirk of fate/global entry/whatever, the options listed were more or less their only options. The OP got incredibly lucky because no-one actually checked their documents prior to boarding a flight to the US, as they are supposed to do. It is literally the law. I've shown my I-551 stamp and check in agents have insisted on seeing a card (that expired 8 years ago). On other occasions in the past I've produced the card and the letter and they've still had to verify with the supervisor. I've done online check in with carry on only to the US over a hundred times, and still had to visit an agent or at the gate every single time for a document check, even when my card was unexpired. Not having the card at the border itself isn't actually an issue - hence the advice and option to go to a land border from a neighbouring country. The issue at hand here was the very strict rules when boarding a carrier to the US, as laid out clearly and explicitly in the rules in the carrier information guide that all airlines with permission to fly to the US are bound to. It costs the airlines big money in fines if they let someone board without the correct documentation.

Nope. If you do, it's because someone breaks (not bends) the rules or doesn't know them, which is unlikely as they usually refer to their computer systems and the carrier information guide if in doubt. which clearly lists the acceptable documents. Knowing [removed] they will be sticklers for the rules and will not break them. I wouldn't even try. So, either a)get someone to send fedex it over to you (easy and quick - you can have it with you within 24hrs) b) make an appointment at the embassy for an I-131A boarding foil (slower - days, possibly a week or two, and around $600) c) fly to canada (easier) or mexico (harder) and enter via a land border. You will be admitted, but not before you endure a horrible visit to secondary while they verify your status, and then scold you in no uncertain terms for travelling without the correct documentation for re-entry. Those are your only options.