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Renato D

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  1. Like
    Renato D reacted to mindthegap in Two Years Late in Filing I-751 -- What to Do? [split topic]   
    File an I-751 NOW. Like TODAY and overnight it with delivery by 9am. 
    Just the form, the payment and a letter in requesting late filing. Forget the evidence for now, you can deal with that as soon as it is filed. You should get the text acknowledgement & receipt number within a couple of days, which you can give them as proof of filing. 
     
    You MUST put a letter in, requesting a late filing. If you don't, it WILL be rejected. You have a reasonable excuse for the late filing, namely that you mistakenly filed an I-90 (include a copy of the receipt) and that you received no reminder to file an I-751 at any time - you need to write those things in your letter.  The onus is always on you to know what to file of course, but you filed an I-90 instead of an I-751 indicates that you intended to comply with what you thought was the requirements, and this should be an acceptable reason for late filing and you should receive the receipt soon. 
     
    You can send/upload all your evidence later, but for now just get the form, payment, and letter in ASAP. 
  2. Like
    Renato D reacted to narutama in I did not have a N-400/I-751 combo interview   
    Hello guys! I just want to know if this has happened to someone else and what was the timeline/waiting time for the case to be resolved.
     
    My 2-year green card expired and I submitted the paperwork on June 24, 2022. It has been pending ever since (I have a 48-month extension letter). So, I applied for citizenship when I was eligible.
     
    I had my N-400 interview yesterday (but I have an I-751 pending). Just in case that it was going to be a combo interview, I brought all of our evidence of bona fide marriage and brought my partner with me. However, when I told the officer about my pending I-751, he said this was going to be a N-400 interview ONLY and my partner couldn't be with me.
     
    N-400 interview went well, the officer hardly asked me for any documents (interview notification and expired green card). Civic and English tests were easy, and after I passed everything the officer said they couldn't make a decision because I have the I-751 pending. He said that I am going to receive a N-14 form requesting more evidence or something, or telling me instructions for the next steps, etc.
     
    My case has been pending since 2022! I had hoped the N-400 process was going to speed it up, but now I don't know. Has anyone experienced this? How long did it take for them to solve this bureaucratic bs?
    I was hoping for a combo interview to get it over with oh well.
     
    Now I don't know, if they solve the pending I-751, would I have to apply and pay for N-400 again?
     
  3. Thanks
    Renato D reacted to mindthegap in N336 or I751? Denied N400 and I751 terminated!!   
    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). 
     
  4. Like
    Renato D reacted to Crazy Cat in N336 or I751? Denied N400 and I751 terminated!!   
    I would.  I don't think an I-290 would help.
  5. Like
    Renato D reacted to OldUser in N336 or I751? Denied N400 and I751 terminated!!   
    Yes. If you receive NTA your legal bills will be way higher and it will take 3-6 years easily to remove conditions.
  6. Like
    Renato D reacted to mindthegap in N336 or I751? Denied N400 and I751 terminated!!   
    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. 
     
     
  7. Like
    Renato D got a reaction from Crazy Cat in N336 or I751? Denied N400 and I751 terminated!!   
    Sure, here is the revised version:
    ---
    Crazy Cat,
    I was rethinking everything from the very beginning, and I realized that I am assuming (but not sure) that I received the first interview notice. After that, I definitely received the second notice (see picture) saying the office was going to be transferred to another one. Whether I received the appointment notification is a supposition at this point.
     
    During the interview, under such pressure, I couldn't realize the confusion regarding the notifications. The IO, during the interview, printed the first interview notice and gave it to me. But after a while, she was looking at my documents and said, "this is what I am looking for...", which I now assume was the appointment notification. By the way, she kept the original document.
     
    Anyway, the solution is what you are suggesting: file the I-751 again. No lawsuit.
    For me, I was waiting for the interview, considering the confusion about the letters. And you know, USCIS help by phone is a waste of time...
    ---

  8. Like
    Renato D reacted to Crazy Cat in N336 or I751? Denied N400 and I751 terminated!!   
    The law says the following.  I think, from the text, the OP can write a letter without having to file an I-290B.  Need to know how the denial is worded.
     
     
    eCFR :: 8 CFR 216.4 -- Joint petition to remove conditional basis of lawful permanent resident status for alien spouse.
     
    "If the alien submits a written request that the interview be rescheduled or that the interview be waived, and the director determines that there is good cause for granting the request, the interview may be rescheduled or waived, as appropriate."
     
  9. Like
    Renato D reacted to jackiegringa in N336 or I751? Denied N400 and I751 terminated!!   
    Strongly agree with CrazyCat, as I also said in my own post. USCIS isn't clear about this things and people here get too comfortable saying "everybody should assume combo and should know to take the spouse" even though it is not written anywhere, USCIS not always send a letter making it clear it will be a combo interview AND also routinely approved ROCs without the spouse present (or even the applicant, considering approvals after the N-400 interview that happens remotely).
     
    Rooting for you Renato D, please follow up with updates when you can - whatever route you take you have a good chance to revert this decision or apply again.
     
  10. Like
    Renato D got a reaction from Crazy Cat in N336 or I751? Denied N400 and I751 terminated!!   
    She, with no doubt, would be here, if we knew about ROC inteview was going to be made...
  11. Like
    Renato D got a reaction from jackiegringa in N336 or I751? Denied N400 and I751 terminated!!   
    She, with no doubt, would be here, if we knew about ROC inteview was going to be made...
  12. Like
    Renato D reacted to Sarge2155 in N336 or I751? Denied N400 and I751 terminated!!   
    Perhaps it would have been better that the spouse went along to the N400 interview. The spouse should ALWAYS BRING the other spouse along with to the N400 interview and inform the IO that your spouse is there with you. My wife had an active ROC  which had not been adjudicated, we requested a combo interview (wrote a letter) and submitted it during the submission of the N400 documents. Never got an answer nor did USCIS say it was going to be a combo interview. I accompanied my wife anyway and told her to tell the IO that I was out in the parking lot. The IO interviewed her without me and approved both the I-751 and the N-400.  I guess its best to say that the spouse which is not being interviewed should ALWAYS accompany the spouse that is being interviewed to the N-400 interview. Does that make sense?
  13. Thanks
    Renato D reacted to Crazy Cat in N336 or I751? Denied N400 and I751 terminated!!   
    Personally, I would wait to see what it says.  You should see it posted on your online account soon.
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