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I 751 denial due to divorce

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Old May 2nd 2009, 9:48 am
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Default I 751 denial due to divorce

Hi every body
Im new to this forum, but I need suggestions regarding a denial. I had a interview on 4/30/2009 @ 7:30am the first thing i was asked wheres is your husband? I told the officer he was no longer in the picture. but when we got to her office , she said well i had to denied your application because you are no longer married to a citizen. she also ask me why i got divorce. I told her that after he came back from Iraq he was very violent, and he was verbally abussing me. But i brought everythign they requested and she didn't even boder to look at it.



please help what do i need to do next beside waiting for the denial letter.

Last edited by Sue; May 2nd 2009 at 10:54 am. Reason: Thread moved from Can Imm to Marriaged Based forum
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Old May 2nd 2009, 11:01 am
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Default Re: I 751 denial due to divorce

Originally Posted by fgalindo15
Hi every body
Im new to this forum, but I need suggestions regarding a denial. I had a interview on 4/30/2009 @ 7:30am the first thing i was asked wheres is your husband? I told the officer he was no longer in the picture. but when we got to her office , she said well i had to denied your application because you are no longer married to a citizen. she also ask me why i got divorce. I told her that after he came back from Iraq he was very violent, and he was verbally abussing me. But i brought everythign they requested and she didn't even boder to look at it.



please help what do i need to do next beside waiting for the denial letter.
Did you file a joint or self petition?

If it was a joint petition thats why you were denied, you need to re-file a self petion with a waiver.

Last edited by Poppy girl; May 2nd 2009 at 11:06 am.
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Old May 2nd 2009, 11:02 am
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Default Re: I 751 denial due to divorce

Did you read the instructions on the I-751? You have/had the option of filing a waiver for the removal of conditions once you were divorced. If you had filed for removal before the divorce then you were to refile a second petition asking for the waiver based on marriage in good faith.

The DO was correct in not looking at your evidence as your I-751 was nullified at the moment of your divorce.

Seek a consultation with an immigration attorney. I'm not sure if you should wait for the written denial before refiling or just go ahead and refile it now.
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Old May 2nd 2009, 11:05 am
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Default Re: I 751 denial due to divorce

http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD
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Old May 3rd 2009, 5:41 am
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Default Re: I 751 denial due to divorce

Hello there
Listen to Poppy and Rete. And please refile your I-751 (under waiver) ASAP!!!
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Old May 3rd 2009, 9:24 am
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Default Re: I 751 denial due to divorce

Originally Posted by Poppy girl
Did you file a joint or self petition?

If it was a joint petition thats why you were denied, you need to re-file a self petion with a waiver.
yes it was a joint petion.
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Old May 3rd 2009, 9:27 am
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Default Re: I 751 denial due to divorce

Originally Posted by milan79
Hello there
Listen to Poppy and Rete. And please refile your I-751 (under waiver) ASAP!!!
thanks for your help.I will submitted asap
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Old May 3rd 2009, 10:56 am
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Default Re: I 751 denial due to divorce

Poppygirl and I were in similiar situation (I-751 waiver ) and got approved. For me it was a long process as they send my file to the storage by a mistake and it took more than 20 months from filing to the end. Even tho I got approved in March this year ,I still haven't received my GC. I am going to the Field office this week, to find out what is going on. If you have any questions ,just ask. Best wishes Milan
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Old May 4th 2009, 3:27 am
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Default Re: I 751 denial due to divorce

Originally Posted by milan79
Poppygirl and I were in similiar situation (I-751 waiver ) and got approved. For me it was a long process as they send my file to the storage by a mistake and it took more than 20 months from filing to the end. Even tho I got approved in March this year ,I still haven't received my GC. I am going to the Field office this week, to find out what is going on. If you have any questions ,just ask. Best wishes Milan
thanks for your support. I thought it was the end for me. I will keep u guys posted on it.
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Old May 4th 2009, 6:44 am
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Default Re: I 751 denial due to divorce

No not at all, it is just the beginning Make sure you submit as much as evidence possible, even great would be any reports from police or hospitals (if he was beaten you up etc..) that will be very helpful for your approval.
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Old May 4th 2009, 7:48 am
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Default Re: I 751 denial due to divorce

Originally Posted by milan79
even great would be any reports from police or hospitals (if he was beaten you up etc..) that will be very helpful for your approval.

Not necessary to prove abuse or use abuse as a cause for a waiver of the conditions on a CR-1. Simply proving one has entered into the marriage in good faith is sufficient. I do agree the more evidence you have of a comingling of your lives, socially and financially, the better for your case.
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Old May 4th 2009, 7:50 am
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Default Re: I 751 denial due to divorce

Thank you for correcting me Rete
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