Lifting Conditions
|
| Event |
Date |
| CIS Office : |
Vermont Service Center |
| Date Filed : |
2015-06-15 |
| NOA Date : |
2015-07-01 |
| RFE(s) : |
2016-03-27 |
| Bio. Appt. : |
2015-07-23 |
| Interview Date : |
2016-09-16 |
| Approval / Denial Date : |
2016-09-16 |
| Approved : |
Yes |
| Got I551 Stamp : |
Yes |
| Green Card Received : |
2017-08-07 |
| Comments : |
This process was a little complicated and delayed due to separation with my spouse during this period, and also the poor efficiency and communication of various USCIS offices:
15th June 2015 - I-751 mailed to Vermont Service Center to remove conditions on permanent residency.
Package contents as follows:
• I-751, with supporting evidence:
• copy of permanent resident card copy of joint apartment lease copy of joint car insurance card
wife's car payment contract with me as cosigner
• Money order for $590 ($500 filing fee + $85 biometric fee)
1st July 2015 – I-797, Notice of Action received by mail. This was an I-751 Receipt Notice. Confirmed $590 received, conditional resident status extended for one year, and informed that I would be receiving an ASC Biometric Appt Notice soon.
9th July 2015 – I-797C Biometric Appointment Notice received by mail. Appointment scheduled for 23r d July at 1pm in Greer, SC. Advised to bring this appointment notice and photo ID. Request for reschedule available.
23rd July 2015 – Attended biometric appt in Greer, SC.
I provided my appointment notice and permanent resident card. Appointment lasted 40 mins and involved fingerprints and photo. Advised that I would be notified in the next weeks or months of an interview date for myself and my wife together in Charlotte, NC. This is to verify our lasting relationship and current situation. Also advised that there is a small chance that an interview may not be deemed necessary and I would just receive my permanent status for another 8 years. Citizenship available after one more year if desired (3 years from marriage).
21st Oct 2015 - Called USCIS due to concern over expired greencard (9/15/15) and driver’s licence (expired on greencard expiration date). Representative very helpful. Informed me that the Notice of Action I received on 1st July extended my conditional status for one year and the DMV may accept this (state dependent) and provide a valid driver’s licence. Inquired into current status of my case - told that the USCIS office in Vermont was processing cases submitted in March. This suggests that it may be another 3 months before my case is processed.
24th Feb 2016 - Called USCIS again to check on status. Informed that they were still processing cases submitted in March, and that again it would be an estimated 3 months before I hear. Informed that I can look up service center (Vermont) processing times on the website.
27th March 2016 - Received by mail a Notice of Action requesting additional evidence to process my Petition to Remove Conditions on Residence.
6th April 2016 - Compiled and mailed (2 day recorded delivery to Vermont Service Center) package containing additional evidence, a cover letter notifying of relationship change, and original NOA received in March. My wife and I began a trial separation in October, after I had already filed for condition removal. I informed the USCIS that we were no longer cohabiting and requested that conditions were still removed as we entered into marriage in good faith, have shared a life since 2008, and my life is very much in the USA now. Evidence of good faith marriage enclosed:
- 6 joint bank account statements covering the period August 2013-August 2015 - Tax document for jointly-owned vehicle
- 2 joint car insurance policies
- 2 rental insurance policies
- Health insurance document showing my wife covered under my work health care plan - Joint dental insurance cards
- 4 joint rental leases dating back to 2009
- Flight and accommodation reservations from a holiday together in 2014
- 2014 and 2015 joint tax returns - Three personal emails
At the same time, my wife informed (a few months late) of her change of address via Form I-865, Sponsor's Notice of Change of Address.
7th June 2016 - Called USCIS and informed them that they received my evidence on the 7th April, and my extended conditional residence (and therefore NC driver’s licence) is due to expire on the 19th June. They said that I should hear back by mail or email by end of June. Also informed that I could visit my ‘local’ office 2 hrs away for documentation to renew my licence, if no response by the 19th. Given a reference # regarding today’s call.
5th July 2016 - Received interview request in the mail. Notice dated 29th June, requesting that myself and spouse attend an interview on the 29th July in a USCIS office 2 hours drive away. Advised that the proceeding may take up to 2 hours and I must bring with me:
- This letter
-Alien Registration Receipt card (this is the green card)
-Your spouse if married
-2 passport sized photos
-Documents to establish that you entered into a good faith marriage, as described in attachment
-Termination of marriage documents if no longer married
-Your passport
-Certified dispositions of any and all arrests
-Any additional documents that you have been requested to submit previously
20th July 2016 - Received cancellation notice for our interview on the 29th July. Advised I would be notified of a new interview date. No more information supplied on when I might be notified. Spouse had already spent ~$260 on a flight from Baltimore, MD to Charlotte, NC.
4th August 2016 - Spouse attended an infopass meeting that she arranged at USCIS in Baltimore to discuss our upcoming joint interview that she would not be able to attend for time and financial reasons. Before her meeting, I supplied my spouse with the evidence that I supplied on the 6th April and copies of all other notices received from USCIS since.
After the meeting she seemed reassured about my status and was advised that the meeting was probably cancelled because the Charlotte office was unaware of our separation, despite being notified on the 6th April (above). She was advised to send a letter to USCIS explaining her situation, and that if she explained our separation that she shouldn’t be asked to attend a future interview.
4th August 2016 - Spouse mailed a letter to USCIS Charlotte office explaining that she supported my path to becoming a US Citizen, and that we are separated. She also explained that she could attend an interview in Baltimore, MD, but she cannot afford to go to Charlotte, NC.
16th August 2016 - Called USCIS to gain more info on my interview and case progress. Transferred to an immigration officer (Trent). My call was escalated this one level higher because my case was outside of the normal timeframe set by USCIS. The officer informed me that an officer in Charlotte was working on my case as of 8th August and to call back if no more correspondence received by the end of the month.
30th August 2016 - Received an interview request in the mail, dated 24th August. Same location, same requirements as first, cancelled interview including the presence of my spouse, if married. Date of new interview set for 16th Sept.
7th Sept 2016 - Called USCIS to advise that my spouse would not be present during my interview on 16th Sept due to financial and time reasons. She now resides in MD. USCIS have been made aware of this previously. Advised by an officer to bring a notarized letter from my spouse explaining that she cannot afford more time and money to fly from MD to attend the interview. Advised that local Charlotte office cannot be contacted by phone to warn them of this. Advised to just attend the interview with all documents possible.
9th Sept 2016 - Spouse mailed a notarized letter to both myself and USCIS Charlotte office explaining how she could not be present for the upcoming interview and her continued support for my residence. She also included a copy of a receipt for her flight to attend the first, cancelled interview.
September 2016- attended (without my spouse) USCIS interview in Charlotte, NC to remove conditions on permanent residence. Arrived at 10:20 for 10:30 appt. Quickly processed to appt waiting area. No food/drink/cell phones. Short wait and called by one of the immigration officers on duty to join her in her office. I had a copy of all documents previously submitted as evidence. The officer had the same collection of evidence and had reviewed briefly beforehand. The officer seemed to quickly decide that our marriage was not an immigration scam and our separation had been honest and unplanned. The interview was quite informal and she asked only a few small details about our date of wedding, life together, and recent separation. She told me that the most influential piece of evidence was the notarized letter from my spouse that stated her support for my application, details of recent separation, and reason for her not attending. I was told that my application was to be changed from a joint to a waiver application. I was provided with a return envelope to send my divorce decree (when I have it) back to the Charlotte office. Advised that I would receive my unconditional green card by mail within 30 days of them receiving the divorce decree, and then be eligible for citizenship in 2018 (5 years from initial, conditional residence). The officer kept my green card and stamped my passport to allow 1 year of travel and as a document for the renewal of my NC driver’s license. The interview lasted 30 mins, with an added ten mins of informal chatting. The purpose of this interview is to establish proof of a good faith marriage. The officer will deny applicants if she believes there is insufficient evidence and the marriage is suspect. Sometimes she will call the spouse for a phone interview.
Other information gained from our relaxed and candid chat: An infopass appt at your local office is the best way to contact an officer and discuss. The 1800 number is worked by contractors and they have limited knowledge and access to info. My fiance visa interview was initially waived because of the type of visa, but a recent shooting by someone who entered the US on a fiance visa may mean that interviews are more likely to happen before unconditional residence is granted. My interview today was likely because the fiance interview was waived earlier, not because I was suspect. My interview was probably cancelled and rescheduled because of a large workload. I asked about a refund for my spouse’s flights and was told that my best bet might be to write to my congressman, because the office answers to him/her. If I choose to apply for citizenship then it would take approx 5 months for the Charlotte office to process. State restrictions may be lifted in the next year (2017) so I could be processed at a closer office in another state. The officer said that her best advice to permanent residents is to keep a valid passport, carry your green card on your person, and inform of change of addresses (online) promptly. I was considering spending $400 to have a lawyer present for this meeting, but I believe that would be a waste of money for most, honest cases.
19th Nov 2016 - Received form I-72 from local Charlotte, NC Field Office stating that I have 30 days from the date of the notice, by December 17th, to furnish evidence of marriage termination (divorce decree).
At this stage, my spouse and I are waiting on a court date for divorce. It is quite possible that I will not have the decree in hand by the date requested. Threatening language in this notice was less than welcome after my recent reassuring interview in September. For example: “Your petition will be deemed abandoned and denied if you fail to respond to this request†and “Mr _____, you have 33 days from the date of this notice to mail in a copy of the final divorce decree between yourself and ____ ____. If you fail to provide the requested document, USCIS will render a decision on your Petition to Remove Conditional Residence (Form I-751) based upon the documentation that it has currently in the file. USCIS will deny your petition and prepare you to appear before an Immigration Judge."
7th Dec 2016 - Responding letter mailed to Charlotte office, informing USCIS that I would not be able to supply proof of divorce by the date requested, as the hearing was scheduled for 30th Dec. Informed them that I plan to mail the requested evidence when I have the decree in hand, probably early Jan 2017.
30th Jan 2017 - Copy of divorce decree mailed to Charlotte office in blue envelope supplied at the interview in Sept. Cover letter included, apologizing for delay and stating that I had just received the decree.
10th Feb 2017 - Received ‘Fingerprint Notification’ in the mail from USCIS informing that ‘The Service must have a current set of fingerprints for processing of your I-751’. Fingerprints apparently good for 15 months. Not informed of a scheduled date and time for biometric appointment as those previously attended in Greer, SC and Glenmont, MD. Just advised to bring this letter and valid ID to USCIS Application Support Center in Charlotte, NC.
18th April 2017 - Traveled to Charlotte after contacting USCIS twice for more info regarding an appt date and waiting for further correspondence. I was hesitant to take a day off work and drive 2hrs each way in case I was denied a biometric appt, so I also scheduled an Infopass appointment at the Charlotte Field Office for more information. Agent McSwain had not seen this type of ‘hand typed’ biometric notification before and called the Application Support Center. I was advised to continue down to the ASC where biometrics (photo and fingerprints) were completed.
I also changed my address while at the Infopass appt, because the USCIS website could not recognize my new address.
30th June 2017 - Called USCIS to find out when I might expect to receive my green card. Call escalated due to extended processing time. Advised to write to Charlotte office to get case status update and mail form AR11 to update address. Address possibly not yet updated.
I had attempted to change address online when I moved in April, but the USCIS website could not recognize my address. I was successful in updating my address online today using one of two application/petition/request/receipt numbers that were printed on my most recent ASC biometric appointment notice. My address change receipt stated that I should expect a reply (?) by July 12th.
Wrote a letter to Charlotte Field Office, addressed to ‘Attn I-751, Supervisor’ as advised on the phone call today, requesting an update on the processing of my green card. Mailed first class.
11th July 2017 - Received a notice from the Texas Service Center, advising that the Change Of Address request from my call on the 30th June had been forwarded to the California Service Center. I was under the impression that my online attempt at COA had already been successful. Because I received this letter at my current address, I think that it was. Still awaiting a response to the letter I also mailed to Charlotte on the 30th June requesting a case update.
August 2017 - finally received my green card in the mail. Valid for 10 years. Phew, what a journey! |
|
ver 5.0