I-751 - Petition to Remove Conditions on Residence

S

Samrat

New Member
Hello Friends,

I have a situation and not sure how to move ahead with it.
  1. I was married got my Green card
  2. After 2 years of conditions me and my Ex filed for I-751(Jointly) to remove my conditions and during the process we got divorced.
  3. I filed I-751 ( Basis of Good faith marriage)
  4. My 1st I-751 was approved and i was issues a green card .
  5. I contacted my lawyer and told him that 2nd I-751 petition is still in process and requested him to withdraw, but my lawyer informed that USCIS will automatically drop the 2nd I-751 as i have been issues a green card.
  6. This month i received a letter to appear for an interview on my 2nd I-751 to remove conditions - I contacted my lawyer and he was surprised too see USCIS still was working on that case.
  7. Now we have send a Affidavit to USCIS providing my 1st I-751 (GC Approved) & 2nd I-751 ( Interview), requesting to withdraw the 2nd I-751.
My question now is " what would USCIS do now"? I am worried and same way having sleepless nights thinking about the hoops i might have to go again.

Any suggestions would be greatly appreciated.

Samrat.
 
Jointly I-751 was approved after my divorce.

My lawyer filed Joint I-751 and after 7 months i got divorced and filed 2nd I-751( Good Faith Marriage).

USCIS did not check probably due to the work load and approved my Joint I-751.
 
Samrat said:
Jointly I-751 was approved after my divorce.

My lawyer filed Joint I-751 and after 7 months i got divorced and filed 2nd I-751( Good Faith Marriage).

USCIS did not check probably due to the work load and approved my Joint I-751.
Click to expand...
Then it seems the first one was approved in error because a jointly-filed I-751 can only be approved if the people are still married when it is approved (it's okay if you guys were going through divorce, but it's not okay if divorce is already final before approval). So in my opinion you need the second one.
 
I have contacted Level 2 USCIS support and as they suggested i have sent a signed affidavit along with my two I-751 numbers, My alien number & a brief description about why we want to withdraw the 2nd I-751. Now there is no update from USCIS its been only 2 weeks. My lawyer says it takes 90 days for uscis to respond with any status.

I have interview coming next month and i am not sure to skip it or attend it. My lawyer says no need to attend but my head is all messes up with thoughts.
 
You need to attend the second interview. The first one was approved in error, it shouldn’t have been approved. As a matter of fact you should have withdrawn it after your divorce or sent in your divorce paper to let USCIS know you’re changing the basis of the previously filed I-751. Filing the second I-751 while the second one was still pending and hoping USCIS would reconcile both was an error on both you and your lawyer’s side.
 
I had a call with my lawyer and he is going to go to USCIS office on behalf of me and represent my case and inform the officer that I have a green card and request to withdraw the case.
I have filed for a change of address 3 weeks back which practically makes Uscis transfer my current case to a new city where i live now. And if the office is able to drop the case would be even better.
Any suggestions friends? Z
 
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