george34

Hello people,

I have a very tough situation. I have filed 1-751 on september 2006, but my divorce case was not finalized at the time of the application. So I just got a letter from INS stating that I am denied b/c of the fact that the marriage was not finalized at the time of petition. they say that I am removable from US as of today.

I have found out today that the marriage will be finalize within 2 weeks.

questions:

1) Can I re-file I-751 again???

2) what are my options regarding this case?

I went to INS and tried to explain what is going on......! but seemed they did not even know what to say about the case...! I am very confused.....!

PLEASE HELP..!

ian-mstm

Yes, of course you can.


You can try to beat them over the head with your logic... but it's easier just to refile.


It is not USCIS' job to help you *sort out* your immigration issues... that's what lawyers are for. USCIS processes the application forms you submit... which they did - whether it works in your favor or not. The point is... you screwed up. You should *not* have submitted your I-751 until your divorce was final. The instructions clearly state that you can delay filing for circumstances that are beyond your control... and the date a divorce is finalized fits into that category!


You're probably upset and not thinking straight, but you should *never* post your unencrypted email address in an open, public internet forum. Unfortunately, it's too late now... as it's done and it's out there, and you can't take it back!

Ian