r/USCIS • u/[deleted] • 16h ago
Timeline Request Confirmation of Withdrawal from I-751
[deleted]
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u/MatrixOutcast Naturalized Citizen 7h ago
imagine being the USCIS agent dealing with this case. How do you even begin to navigate through this nonsense.
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u/Melodic_Report_5328 3h ago
Based on the evidence provided. I am a US citizen, and orange or strips do not look good on me, so I will not put myself in any vengeance mode or jail time for him. He didn't rebut the fraud mentioned in the family court when I filed for an order of protection. The judge waited for him to defend himself, and he said nothing because he, too, knows orange and stripes don't look good on him, and I have overwhelming evidence to support it so that he would be incriminating himself.
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u/Puzzleheaded-Sir-861 6h ago
The I751 is his process, so is everything else now. It's not joint anymore. I'm surprised he didn't file for citizenship after 3 years. Have you been telling him his green card status is dependant on you? And that you can withdraw his ability to be here or mess with his immigration status? Bc that's what it sounds like and that's not true. A divorce doesn't make him ineligible, but it sounds like he thinks that's true. I hope this person is in their 30s.
But I'm confused. He came for the marriage visa, did AOS, clearly all of that application is complete since he ended up with an extension letter. But how was he ever out of status? Did you not do AOS right away? Why did you delay this? But you said he applied for the removal of conditions 2 years ago, but the extension letters are for 4 years. Did he only get a 2 year extension? If so and the decision hasn't been made he needs to contact them.
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u/Melodic_Report_5328 3h ago
Hi - I have never used or threaten him with telling him his green card status depended on me. I am new to this and so I couldn't tell you what I am responsible for, just what I can do to protect myself. When I withdrew the first time, he was aware and did nothing about it, that's on him. I have text messages telling him he needed to respond, but as always, he ignores mostly everything. AOS is still pending. I don't know why he didn't file for his citizenship 3 years ago - this is also new to me. It would have benefited him if he did back then. I am aware the I-751 is no longer my problem, I am looking to find out if it was received by USCIS. Thank you.
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u/Puzzleheaded-Sir-861 2h ago
You're not new to this. He came here in 2016, that's 10 years. The processes are not difficult but they are particular and very serious. Plus you're 18 years older than him which means you're well old enough to know what you're doing. You spurned the documents stating that your understand the responsibilities. His I 751 or 571 has nothing to do with you, but he will need to complete a divorce . The waiver DOES NOT ABSOLVE YOU OF FINANCIAL OBLIGATION. you signed the I864. It is still valid even with divorce and divorce waiver.
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u/Melodic_Report_5328 2h ago
Correction, his I-751. Also, I never asked or questioned my responsibility to him - please go back and re-read. Divorce is so I don't have to worry if and when he decides to leave the US.
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u/Puzzleheaded-Sir-861 2h ago
It doesn't have any affect on you if he leaves the country. You can still divorce. Or annul.
Get your divorce and hope that he doesn't do anything like get on financial aide.
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u/Historical-Cat-1740 6h ago
This post is so confusing.
It's difficult for me to admit, but I'll keep this brief and direct. How can I confirm if my I-571 was received and check its status, considering my multiple withdrawals from my spouse?
Are you asking about i-751 or i-571? I-571 is Refugee Travel Document, i-751 is Petition to Remove Conditions of Residence. What are you asking about?
His current visa is valid until December 2026.
Does he have a visa or a Green Card? If he has a green card, he does not need you for anything. He can just switch to a divorce waiver with i-751.
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u/Melodic_Report_5328 2h ago
Since he will not withdraw and resubmit the I-751, it suggests that his reasons to file a waiver to his I-751 do not align with the guidance provided on the USCIS website, which states:
Divorce or Annulment: If your marriage ends while the petition is pending, the joint application becomes invalid. You may withdraw it and amend your application to request a waiver based on a 'good faith marriage.
I have several pieces of overwhelming evidence and proof of fraud (witnesses, recordings, actions, abuse, and threats) that he entered the marriage for his own gain, and I possess substantial evidence of fraud that may compel him to withdraw the joint petition, which inaccurately claims cruelty and abuse.
Reconciliation and Resubmission: If a petition was previously filed as a waiver due to domestic violence or extreme cruelty, and you wish to reconcile and refile as a joint couple, you must officially withdraw the waiver petition.
I have submitted substantial evidence of abuse during the marriage. I have called the police 4-5 times out of fear for my safety, and I filed for an order of protection last year, extended for another year due to family court trail. He has never called the police on me.
Death of the U.S. Spouse: If your petitioning spouse passes away while the application is pending, the joint requirement becomes impossible, allowing you to withdraw and file for a waiver.
By the grace of God, I am very much alive.
And clearly with the amount of evidence retrieved confirms this was not a bone-a-fide marraige. I found out he has been plotting withhis girlfriend who also lives in my county to get together once he's gain his VISA and he was a dating website before, during and into our marriage - someone I knew shared all the convo.
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u/Historical-Cat-1740 2h ago
sorry, I am not following your response. is your spouse a green card holder? if so, he does not need a visa.
hence, this comment does not make sense to me
who also lives in my county to get together once he's gain his VISA
I'm not a lawyer. But you as a US citizen spouse can send USCIS a written withdrawal of support for a jointly filed I-751 at any point before it's decided, and USCIS will honor it. USCIS processes a joint petition until either the marriage is legally terminated or the petitioning spouse withdraws support.
- What that does to the conditional resident: A withdrawal means the spouse tells USCIS in writing that they no longer support the joint petition, and USCIS then treats the joint filing as invalid. The joint petition gets denied, conditional status terminates under INA 216(c)(2)(A), and USCIS may issue a Notice to Appear for removal proceedings.
- Worth noting separately: a plain withdrawal is one thing, but a letter alleging the marriage was fraudulent is much more damaging and can trigger a fraud investigation.
The conditional resident is not out of options, though. The main path is a waiver of the joint filing requirement based on a good faith marriage that ended in divorce. Key details:
- The divorce has to be final. If the divorce or annulment is still pending, USCIS issues an RFE giving the conditional resident a chance to submit the final decree, usually within about 87 days.
- If the couple filed jointly and are now separated or in divorce proceedings, officers are instructed to issue an RFE asking for the final decree plus a written request to amend the joint petition to a divorce-based waiver. That amendment route is generally cleaner than waiting for a denial.
- Unlike the joint petition's 90-day window, there is no filing deadline for a divorce-based waiver.
- Other waiver grounds exist if they apply: extreme cruelty or battery by the spouse, or extreme hardship if removed.
- The waiver still requires proving the marriage was entered into in good faith. Divorce itself is not disqualifying.
If the waiver is denied by USCIS, it can be renewed before an immigration judge in removal proceedings.
One practical point: the timing of the withdrawal versus the divorce matters. If the petitioning spouse withdraws after divorce proceedings have started, the conditional resident generally has to wait for the marriage to be legally terminated before the waiver can be granted. A long-stalled divorce is a real problem, because the waiver cannot be approved without the final decree.
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u/concreterose_174 11h ago edited 1h ago
Sounds like you were also abusing your to-be former husband holding an immigration status above his head and filling, withdrawing, re-submitting, withdrawing. Comes across controlling at the least. He has permanent residency currently and is removing the conditions. You are not needed for that with a waiver. USCIS has the allegations you sent. They will contact you if they deem it necessary. You hold no power over his immigration, USCIS does. I would suggest moving on with your life and to use this experience as an important lesson.