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. You need to act quickly. Sitting around for a week does you no favours. An I-290B has a VERY narrow set of criteria, and is not an appeal. It has to be based on incorrect application of the law or policy (which you must prove, citing the specific law/policies they have broken), or evidence that was not considered at the time that would possibly have changed the outcome. It is NOT an appeal. A new I-751 is the sensible thing to do here, as in all probability will not rule in favour of your I-290B and re-open. This is incorrect. Genco opinon 96-12. Can't be bothered to cut and paste it here again, so here is a link to where I put it previously You can file both if you want to. Not all attorneys are created equal, and not all are competent. Yes you can. You remain a LPR. Yes. So, now you have two issues to overcome. Firstly, simply filing a new I-751 with exactly the same evidence will likely produce the same result in a few years - another denial. You need to find every single shred of evidence you can muster. Documents, photos, bills, emails, texts, mail, affidavits from people who knew you. Anything and everything that shows a life and marriage, good and bad. No matter how insignificant it may seem, just throw it ALL in. Now. Your refiling needs to be substantial and thorough. You also now have the fraud accusation to overcome, which is a bigger hurdle, and unfortunately will prejudice the adjudication of future I-751s (as I found out), which is why the filing needs to be substantial. Did your ex spouse say something to them, in the way only a spurned spouse can? Because they are a US citizen, they generally believe them without confronting you or giving an opportunity to answer any accusations (even though legally they are required to. This could be your possible basis for an I-290B ) . It sucks but it is the reality. You have an uphill battle. An I-290B is unlikely to do much other than waste money. It heeds you to file a new I-751 as soon as possible while it is in the 'hold' period (30 or 45 days). If you file quickly, it may avoid an NTA later down the line.

You can see the liberty, the border -the regular notices are much more plain - and the format is the same as the extension letter - so odds on it is probably the 48 month one.

Do it again (because, why not?) and then call to confirm with an (human) agent. Tier ones can see your address and confirm

Preaching to the choir here, man. File that with the ombudsman immediately.

Her proof of status will expire, not her status. She remains a permanent resident, and further proof can be obtained in the form of a stamp in her passport.

Rumour has it the next update will be to issue I-551 stamps on expired covid test boxes.

Yes. Caveat that with as long as the extension letter is within validity - remember that it extends from the card expiry date and NOT from the receipt/extension letter issue date. If not in validity, then an i-551 needs to be obtained, and really should be anyway in such an instance.

Please post back and include pictures (redacted info of course). This stuff is important for others to know.

Ignore the above naysayers - this isn’t bunk. This also happened to someone else on here a few months back (also in FL as it happens) and they provided pictures of it too so it’s a thing. Its the same I-551 stamp, just on a portion of an I-94W (part of a white visa entry form) which acts as a temporary proof of permanent residence exactly as a stamp in a passport does.

0.00% If they sent it back, and you resubmit it correctly, even if it does take seven weeks to get there (hey, it's possible if you are daft enough to use USPS I guess), it won't be classed as late - there will be a record of your original submission (your pages might also have been stamped before they sent them back). Even if you were submitting a joint filing late, a simple letter requesting to excuse the late filing is all that is required to get it accepted without question in accordance with the law and established policy and procedures. Even if was not accepted (which will not happen), you would not have to quit your job and leave as you would remain a permanent resident for a considerable amount of time until an immigration judge deemed otherwise, and you would have a variety of options available to you during that time as part of your rights to due process and protections in law. Relax!

Yes, As a solo filer (called a waiver, which is simply ticking the 'divorced' box on the form instead of jointly) you can file at any time, even after the expiry of the card. There are limits though, and it may bring further complications and scary letters, so you need to file it ASAP, like really ASAP. A divorce waiver filing is identical to a joint filing - same evidence of a legit marriage required, same standard of proof - and a divorce is NOT a reason for denial. However, a waiver filing cannot be approved without being fully divorced. When will your divorce be final? This will dictate then specifics of when to file here.

Yes you can do that…but there is a better way, and that is to enter using the VWP/ESTA once you have the visa in your passport, if you explicitly tell them up front that that you are entering as a a visitor on that entry and and not immigrating on that entry so the visa is to remain unendorsed. Before you use that visa you are not a permanent resident, and it would avoid any delays/complications having to send in the passport at a later date. It’s one less link in the chain to go wrong. The visa would then remain unendorsed and then you can use it when you are ready to, as long as that is a) still valid, and b) within six months of the medical. This is permitted. You can also do fun things like get a second passport and have one at the embassy while you are travelling using the VWP/ESTA/another visa on the other (I did this as I had two passports at the time I did the CR-1 at the London embassy).

Lol it’s great. No really, especially when things go wrong and you are still doing it for the third time 8 years later. If you can avoid it, do so.

Send everything you have. Write a letter - just like your post - detailing what you don't have and why. Get affidavits from friends, family, neighbours, people that knew you together, however insignificant. Get an affidavit from his mother stating she owned the place you lived. If you are low on evidence, any extra document will help. If you were living together in the UK, then send stuff from that time if you have any - it's technically not included as it is before you became a PR, but it all helps to build a picture of genuinity in the mind of the adjudicator. Council tax bills, phone bills, UK tax returns (did he file his US tax return while living there, like he is supposed to? If so, his tax return will show his UK address, which will match your UK documents). Hell, even NHS letters or documents, or junk mail showing the same address will help. Get those bank statements. Highlight the transfers between you. Pull your flight records. Get your phone bills. Screenshot phone messages. Screenshot your inbox with every mail between you. Write a bit about every picture you have together. Build that picture in the mind of the adjudicator. Are you actually divorced now? If so, you can file the I-751 at any time - it does not have to be in the usual 90 day window. And don't worry, it's a very, very long process, and you remain a permanent resident throughout and can travel and work. Even if it is ultimately denied for lack of evidence, you have years and years ahead of you here before anything even approaching an order of removal would happen, and many options available to you before that point.

Shouldn't be. If they want it, they will RFE you for it.

It’s a standard pro forma ‘go away’ letter. If you file one again you will get the same response or a variation of it, and the responses usually have no bearing on the actual state of your case at that time. I used to file one a month for a period of something like over three years for that filing - made zero difference. Honestly, just get on with your life and leave them to it. Stressing over it will achieve nothing.

Can't edit my above post.. mis-read it, didn't realise you meant AFTER the second is approved. The answer is no.

Yes. Depends on a variety of factors, including how quickly you filed the second one post-denial of the first. If you look in your FOIA post a denial, you would see something like this: Data point:I'm on my third I-751, and, to date, no NTA from the denials of my first or second, and the eeyore (which is what I call the AUTOMATED CASE INFORMATION site, remains clear.

You are overthinking this, over complicating this, and over stressing. Before you jump down my throat for not understanding, take a look at my signature time/line below and see what I've been/am going through with USCIS, including similar to you. Yes, USCIS are slow and useless. No, they largely don't care. There may have been an interview notice sent out, there may not. If there was, it may have been tossed in the mail by the former spouse, or it may have disappeared into the USPS hole. You will probably never know. Either way, it doesn't matter at this point. Probably because it was not incorrect application of the law or policy by the service (which would have been grounds for re-opening) and it wasn't new information that was not considered at the time (which would have been grounds for re-consideration), so it did not meet the very narrow criteria for an I-290B. An I-290B should not have been filed in the first place - the 'lawyer' has treated it like an appeal, when it is absolutely not an appeal. So, 1) Fire the 'lawyer'. An I-290B should never have been filed in those circumstances and should not be again. 2) Forget about the original I-751. It's done, won't be overturned, and it's history. 3) File a new I-751 as soon as possible - you will have to pay for this again, and the biometrics again. Include everything evidence wise from the first one - the evidence in the first one will not be referenced during adjudication of the new one, so include it all again. And yes, before you ask, you are legally permitted to file multiple I-751s, so get it done. 4) Await receipt for filing 5) Make infopass for I-551 stamp. Tell them it is urgent, book a refundable flight if you have to, as proof of imminent travel necessitating a stamp. You are legally entitled to a stamp, so get one. 6) Await biometrics appointment or waiver letter. 7) Wait. Thats it. Until an NTA or something else arrives, or another interview arrives, or approval arrives, you are back in the waiting game. So get on with your life until then. You remain a permanent resident until an immigration judge says otherwise.

At this rate of increase, my 2 yr card - that expired almost 7 years ago - will be back in validity with an extension letter soon 😅 Yay, no more stamps 😂

I have that all the time... several times the airline employee has put in the original 2 yr card expiry date (which was in 2015) and obviously it rejects it for putting a past date. I have to tell them that they need to put the expiry date on the letter/stamp, but they quite often still have to check with a supervisor before they do so. One recent one had never seen an I-551 stamp before, and insisted on the extension letter too!

Frustrating. Just print off/email the relevant page, highlight the bit that says it's illegal, highlight the bit that says severe penalties for employers for breach of this, and say no more. No need to invite further confrontation or escalate it, and it isn't your job to teach them how to do their job.

If I order and pay for a $680 steak, I don't go into the kitchen and tell them how to cook it, and then go do it for them when they are too dumb to do so. This is service that has been paid for and is already sub par, and thats without screw ups. The law, procedures, and the policies are in place for a reason and when it's the most basic of normal routine stuff that they are regularly screwing up, like ignoring peoples perfectly reasonable requests for rescheduling, ignoring confirmed address changes, and a whole host of other basic errors that a semi trained monkey with one leg and gout would be able to spot, it's difficult to understand why. All with ZERO accountability, and then by making the whole process so opaque and difficult to find information in the first place, let alone contact anyone about it.... and then you have to find and tell them how and why they have screwed up? There's also the fact that if you are in court for a criminal matter, you have the right to free legal representation throughout. No comment on the quality of that representation, but it is there and available to all if so desired. Hell if you go to housing court in the city here with a landlord you are entitled to free legal representation. And thats just for rent issues, landlord disputes, or evictions. But not so in immigration matters. Sort it yourself with resources like this, or get reamed by lawyers to even give an opinion on stuff, try and do it yourself in court, or simply give up and leave. Having to spend considerable time, energy, stress and money to find point out THEIR mistakes, which they then ignore anyway and do nothing about.... yeesh. The whole thing boils my urine frankly. It's a national disgrace. /rant

Probably. I've specifically been told that by immigration officers before and USCIS employees before when I've been for stamps "why do you need a new stamp? the letter/old stamp is valid still" etc However, following my own denials, I made sure to have the new I-751 filed, the receipt letter issued, and then an I-551 stamp in my passport BEFORE I travelled, for absolute cast iron confidence I was ok. If that meant delaying travel, then so be it. The receipt comes pretty quickly once filed, and for genuine emergency cases you can get a stamp pretty fast.

You remain a permanent resident until an immigration judge says otherwise, and that could take years, and may not even get to court at all if you can get this corrected or you refile quickly enough