Jasskatten

My received date at Potomac was February 23:rd 2021, and today my status changed to New card is being produced. 😅 Now I'm just crossing my fingers they'll send the card to the right address (I've moved twice since i applied) 🤞 Been checking the progress at Potomac by using the case track app, and they seem to be processing applications from second half of February 2021 at the moment. Good luck everyone!

It is very rare to have any kinds of problems with I-751. In my opinion, if moving six months earlier is worth the filing fees and extra administrative work on your part to file I-751 for you, I would do so. Most people go to these forums after they run in to problems, so by browsing internet forums, you would probably get a skewed picture of how common it is to run in to problems with Removal of conditions.

Haha, no, I'm just Swedish. And as a Swede, I'm prone to assume the best in people, instead of looking for nefarious motives.

Not AS easily as new cases though. Most likely they have set up a system where new cases are digitalized as they arrive. Old cases on the other hand would have to be transported from wherever they are stored (some might be in long-term storage offsite, some on short-term storage onsite, some in officers offices waiting to be processed), input in to the system, then transported back. It is a question of fairness vs effectiveness. Unfortunately USCIS is not required to be fair, since permanent residents asking for their conditions to be removed are not us citizens, and are asking for a immigration benefit. They have no obligation to be fair whatsoever.It sucks, but that is the way USCIS sees us, in my opinion. On the bright side, at least USCIS is finally joining the 20:th century with their administrative system. It'd be nice if they joined the 21:st century, but that is too much to hope for, I guess.

I don't think they were scanned before they started doing IOE numbers though. They used to send the actual stack of papers around, and if an officer wanted to work on a case, they needed that case to be physically sent to them.

I do not disagree with anything of this. 👍

This post talks about the new system.

New cases are assigned IOE numbers, and are getting notifications through their online account. Don't know much about it, but something has changed about how i-751s are processed.

Another reason they might let all IOE numbers jump the queue is they might want to evaluate whether the new system actually is more efficient. With the wait times being so ridiculously long, it would take 2 years otherwise to get data to see if it is worth it to transfer other applications to the same system.

As an example (exaggerated to make it clearer). Say a center has two cases to process. The first cases to arrive would take 6 weeks to process. The second to arrive case would take 2 weeks to process. First scenario, process them in the order they arrive. First case is processed in 6 weeks, second case in 8 weeks. Average wait time is 7 weeks, half the backlog gone in 6 weeks. Second scenario, process the easy case first. First case is processed in 2 weeks, second in 8 weeks. Average wait time is 5 weeks, half the backlog is gone in 2 weeks.

My bad, i assumed that since new filers got IOE numbers, they were e-filing. Still, my guess is the same, applications with IOE numbers are faster to process, so they are focusing on them to get rid of the backlog.

My understanding is that all the cases approved in 3 months are submitted electronically? If USCIS found that the electronically submitted applications can be approved faster (as in they can approve more applications per day) than applications submitted by mail, it would make sense for them to focus on the ones submitted electronically is all they care about is removing the back log and doesn't care about fairness.

Sorry, I assumed that the thread MikeE referenced was the same case you mentioned, I should not have done that. The relevance is that by entering as a tourist and then marrying and doing AOS from a tourist visa, the person in MikeE's thread has most likely already misrepresented himself once. Add to that that he gave different years for when he entered the country (2000 vs 2010), it is not surprising that guy seems high risk for fraud. I agree with you that lawyer can only give opinion, if OP applies for N400 it depends on the decision of the IO, whose weighing of the evidence is subjective (even if they do their best to be objective).

I agree, it is not very clear, but it seems to me it is relevant that nowhere do they say you are required/must inform USCIS of divorce proceedings, but they do explicitly point that out for other information. They also say they will ask for a waiver request in the RFE, so they seem you assume that you did not request a waiver, for whatever that is worth. Since it is not clear, in my opinion it is good to check with a lawyer. And if not sure, get a second opinion from a second lawyer... (Sorry for repeating myself, but that is a very important point in my opinion.) Regarding the case that boiler and MikeE reference, that case seems to have more going on than just a divorce. Didn't read the whole thread, it was looong, but he did adjust from a tourist visa (so basically proof of misrepresentation already), and his info in N-400 and i-751 did not match. Red flags all over the place for that guy.

Thanks for the info! Could you tell exactly what happened, did they just ask about it, or was the N400 denied/Green card revoked? In my (possibly naive) scenario they would ask about it, OP would explain that since he was not divorced yet, he did not think he needed to inform USCIS, and that would be it. Awkward, but not the end of the world.

Very likely he will not have to explain it if he takes my (and his lawyer's) advice. Because he has not lied, and he has not misrepresented himself. IF asked, just tell the truth, I got divorced after the green card was approved. Very common situation, unlikely to cause any confusion. So your scenario seems exceedingly unlikely, if not impossible. Can you cite the instruction that you need to report divorce proceedings to USCIS? I personally would just follow the instructions on the NOA sent out from USCIS, where the only information they ask you to provide is * Re-entry permit if you are outside of US more than one year. * Change of adress But neither you nor me know the details of this case, which is why i would advise the op to get a second opinion from a second lawyer if he's unsure.

If USCIS is confused , they think that he misrepresented himself, withdraw the approval, issue an RFE for a divorce decree expected within 90 days, OP would not have that, case would get denied. OP would then have to refile i-751, with the quirk that being in divorce proceedings is not a reason for a waiver, a second rfe for a divorce decree would be issued, OP might not have the divorce decree in time if the divorce stretches out for any reason (someone mentioned a one year coolin off period in Nort Carolina?), OP gets denied a second time. OP has apply a third time, rinse and repeat. Every time from now on until he becomes a citizen, whenever OP has contact with DoS, DHS, CBP, or USCIS, he needs to explain this mess, increasing the risk for misunderstandings. Purely hypothetical, but why risk anything unnecessarily? Better to just follow USCIS's and lawyer's instructions in my opinion. But as I said in each post so far, if in doubt, get a second opinion from a second lawyer. Not sure what courage of conviction you are looking for? My only convictions regarding the immigration process is: * Never lie * If USCIS asks you "Do you know what time it is?", the correct answer is "Yes!"

I would never encourage anyone to lie to USCIS. Very bad idea. Based on this thread though, the OP has not lied or misrepresented himself. If DHS or DoS years from now ask, i would tell the truth (just as his lawyer adviced) The divorce was not finalized when the green card was approved. Since we were still married, there was no need to inform USCIS. Unfortunately, we were not able to reconcile, and after getting the green card, the divorce was finalized. The difference between volunteering information, and asking truthfully when asked, is * Comparing a hypothetical situation with a certain situation. * Risking confusing USCIS by offering information not asked for. * In this hypothetical future, he would actually be divorced. At the moment, he is actually married. What if they reconcile? If unsure, get a second opinion from a second lawyer.

Exactly, it is already approved, lawyer says everything is fine. Why risk confusing USCIS by volunteering information not asked for? What would the basis for opening removal proceedings be? The OP has not misrepresented himself or broken any laws or rules? USCIS found based on the case submitted that the marriage was bona fide and that there was no need to ask for further evidence. Why complicate things? If unsure, get a second opinion from a second lawyer.

Yes, it elevates suspicion. So would a lot of things do that you are not required to inform USCIS of. The benefits would be to get your i-751 approved without any extra hassle. Volunteering information that is not asked for or required by USCIS could cause unnecessary complications instead of clearing things up. Which is why i would recommend listening to a lawyer. If unsure, get a second opinion. Note that regarding filing i-751 USCIS says you "must" file within the 90 day window. After moving, USCIS you "must" file within 10 days. Regarding divorce proceedings, there is nothing like that. I don't think that is by accident, an applicant is not required to read between the lines to figure out what is required of them.

In your quoted message, i note that nowhere does it say that an applicant need to inform USCIS of divorce proceedings that started after they have filed i-751 jointly. You do ask how USCIS would find out other than the petitioner informing them: * Through a background check * Someone other than the petioner informing them * The petitioner gets a RFE (unrelated to the divorce proceedings, for instance because USCIS wants updated evidence because of the time elapsed since application), and the petitioner informs them at that point. * The petitioner gets called for an interview, and informs them at that point.

I would at the very least get a second opinion from a second lawyer before volunteering this information to USCIS. Read through the thread, and so far noone has provided any document/guidance/instruction from USCIS saying you need to inform them of divorce proceedings after you have filed I-751. Just my two cents.

Yes, I'm sure if he had handed over a joint Costco card, the response would have been the same.

I did not say having children is "the strongest evidence", neither did RamonGomez or anyone else in this thread. The original poster asked IF having children is "the strongest evidence". A couple of people in this thread then said it is nearly worthless evidence. I don't think it is worthless evidence so decided to voice a dissenting opinion. RamonGomez handed over one piece of evidence, and that was enough for the IO to imply that he was now sure they would be approved. Seems like strong evidence to me. A down payment for a house otoh might seem a reasonable price for a green card for some.

While having children does not in itself prove a bona fide marriage, I do believe it is strong evidence. The opinion you hear sometimes "anyone can make a baby" is also true for "anyone can open a joint bank account" or "anyone can buy a house together". While proof of intermingling your finances and cohabitating is strong evidence, so is having a child together (which is in my opinion the biggest commitment you can make with another person). A house can be sold, the money in a joint bank account can be split. A child is your responsibility for the rest of your life. So to think that having a child together is not strong proof, possibly the strongest, makes no sense to me. That being said, don't have a child just to get a stronger case, it is not necessary to prove a bona fide marriage. Just as intermingled finances or cohabitating is not necessary. People get married for all sorts of reasons, and uscis knows that. As long as you did not get married for the sole reason to get a green card. And it is the the totality of the evidence that matters.