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Old 04-09-2004, 02:01 AM   #1 (permalink)
Aguila
 
Posts: 320
Default Second I-751 Filed NOA received today

For all those interested in my case, I filed an I-751 waiver-based to
replace/amend a pending Jointly Filed I-751 that had been pending at VSC
for 14 months. Today I got the NOA and I realized that I will have to
start waiting all over again since they put the dates as this was my
first time filing this petition. I just can't believe it!

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Old 04-09-2004, 01:34 PM   #2 (permalink)
Aguila
 
Posts: 320
Default Re: Second I-751 Filed NOA received today

Originally posted by AGUILA
    > For all those interested in
my case, I filed an I-751 waiver-based to replace/amend a pending
Jointly Filed I-751 that had been pending at VSC for 14 months. Today I
got the NOA and I realized that I will have to start waiting all over
again since they put the dates as this was my first time filing this
petition. I just can't believe it!

I am so f.ucking mad!


I just spoke with someone at the 1-800 number and this person told me
that I should have never filed a waiver petition because at the time I
file the original one I was married in good faith, so I told her that I
wanted to be truthful and disclose the termination of my marriage. She
indicate me that I should sent a letter to VSC with an explanation. She
believes now that both cases must be pending, but when they reach the
first one, wich according to the last Processing Dates would be within a
month they will find out about the new filing and will make the
appropriate changes.

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Old 04-09-2004, 02:52 PM   #3 (permalink)
Leslie66
 
Posts: 2168
Default Re: Second I-751 Filed NOA received today

Originally posted by AGUILA
    > For all those interested in
my case, I filed an I-751 waiver-based to replace/amend a pending
Jointly Filed I-751 that had been pending at VSC for 14 months. Today I
got the NOA and I realized that I will have to start waiting all over
again since they put the dates as this was my first time filing this
petition. I just can't believe it!

Hi Aguila,

Can you put a
timeline to your process? I know that you are filing (2?) I-751
waiver(s). I have read bits and pieces of your situation but do not
have the complete picture. Did you come to the states originally on a K
visa? How long were you married before separation/divorce? Is your
divorce final?

Leslie

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Old 04-09-2004, 03:15 PM   #4 (permalink)
Aguila
 
Posts: 320
Default Re: Second I-751 Filed NOA received today

Originally posted by Leslie66
    > Hi Aguila,
    >
    > Can you
put a timeline to your process? I know that you are filing (2?) I-751
waiver(s). I have read bits and pieces of your situation but do not
have the complete picture. Did you come to the states originally on a
K visa? How long were you married before separation/divorce? Is your
divorce final?
    >
    > Leslie

Timeline:

April 2000- Arrived
to US on VWP
July 2000- Got Married
August 2000 filed AOS
April 16
2001- AOS approved, CPR
January 2003- Joint I-751 Filed
March 2004-
Divorce final
March 2004- Filed Second I-751 based on two waiver
grounds [same form]

I was told today that the first I-751 remains
pending, and according to the latest VSC Processing dates should be
adjudicated within the next 2 months. I was told that once they
adjudicate the first one, the officer will see the second one filed
and make the appropriate amendment at that time. I would probably be
sent an interview letter to my local office, and at that time the
officer will have my whole file to make the decision as to removing my
conditional status.

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Old 04-09-2004, 03:45 PM   #5 (permalink)
Leslie66
 
Posts: 2168
Default Re: Second I-751 Filed NOA received today

Originally posted by AGUILA
    > Timeline:
    >
    > April 2000-
Arrived to US on VWP
    > July 2000- Got Married
    > August 2000 filed AOS
April 16 2001- AOS approved, CPR
    > January 2003- Joint I-751 Filed
March 2004-Divorce final
    > March 2004- Filed Second I-751 based on two
waiver grounds [same form]
    >
    > I was told today that the first I-751
remains pending, and according to the latest VSC Processing dates should
be adjudicated within the next 2 months. I was told that once they
adjudicate the first one, the officer will see the second one filed and
make the appropriate amendment at that time. I would probably be sent
an interview letter to my local office, and at that time the officer
will have my whole file to make the decision as to removing my
conditional status.

Why did you file the second I-751? Is
your spouse no longer cooperating? Would their continued cooperation be
necessary for it's approval?

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Old 04-09-2004, 04:26 PM   #6 (permalink)
Aguila
 
Posts: 320
Default Re: Second I-751 Filed NOA received today

Originally posted by Leslie66
    > Why did you file the
second I-751? Is your spouse no longer cooperating? Would their
continued cooperation be necessary for it's approval?

I filed
Second I-751 because there is *case law* that says that an alien becomes
inelegible to get an approval on a Joint I-751 IF DIVORCE is FINAL prior
to its adjudication.

If I would not have filed then I might still get
approved without interview, but I don't want anything to get back to me
later when I apply for naturalization because they will know then, that
I got approved after a divorce, therefore the approval becomes revoked
and then I would be put in removal proceedings.

I also filed because if
they call me for an interview I could ammend my petition right at that
time, however, some offices are not allowing this practice anymore and
rather ask to have a second I-751 filed. Although I know that my local
office [Newark, NJ] still allows this practice I do not know if they
will at the time they call me for an interview, so the safest thing to
do was to file a second I-751.

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Old 09-12-2010, 07:15 PM   #7 (permalink)
occastync
 
Posts:
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Old 09-13-2010, 11:46 AM   #8 (permalink)
occastync
 
Posts:
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