sumeet_vasu

All

This forum has helped me before to get through and I am sure this time again you all will be able to guide me through this stressful event.

I went for my interview on May 5th and received a Denial notice last week on Saturday. I had filed as Marriage in good faith but termination due to divorce or annulment. Our case was a little different since we were married for a length of a year and couple of months, but most of the time we lived together in India and once we got here, my wife left me after 3 months of getting here. I had "or I thought" i had ample of proof like her medical certificate for miscarriage, her lab tests, her med insurance, her doctors letter, we going to Reiki together (All this in India) but i was denied that I wasnt able to prove my marriage was bonafide.

Once we moved here, I couldn't afford an apartment straight away so i was living with my friends and than we were sharing an apartment with my friends g/f so I didnt have utility bills in joint names, but I opened joint bank accounts, we celebrated her birthday here with my friends (we also had pictures of this) and few more proof, but when i went for interview the biggest mistake i made was (I was overconfident) i was with a frame of mind, I am not lying so i should be ok and i just didnt prepare for it, neither my lawyer was much help in guiding me right. So to cut the story short I received this denial letter and I am really worried, since it says by Employment authorization is terminated, does that mean i cannot work any more?

Secondly it states "In accordance with Section 216(c)(3)(d) of the act you may request a review of this determination in removal proceedings. If you so choose, you may be represented in such proceedings......................

Any Employment authorization, which you have been issued, is hereby terminated"

I was just shocked to read this and just haven't been in the correct frame of mind, I would really ask for you guys help to please let me know what are my options at this point? Secondly I am located in NYC, my previous lawyer wanted to deal with the deportation proceeding but I definitely don't want to deal with him, since out there he doesn't give attention to individual cases and I can't risk this with my life. I would highly appreciate if some one could let me know a lawyer who specializes with I751 denials and can understand this is some ones life on stake.

As always really appreciate any comments/suggestion.

Thanks in Advance and sorry for the long post

Sumeet

Noorah101

Sorry this happened to you, Sumeet. I think your very first task is to find an Immigration lawyer who definitely has experience in these kinds of cases (don't get one who has never done an I-751 denial). You can start at www.ailalawyer.com to find one, I think you'll have to make LOTS of phone calls to screen them ahead of time, to get one who knows what he's doing.

Secondly, I *think* you will be notified of a removal hearing, and that is the time to go with your lawyer to plead your case in front of an immigration judge, and ask for a review of your case. Make sure you have even more proof of your bonafide marriage.

How about taxes? If you were married and living in the USA during any tax year, you would have filed "married" for that tax year, and that will be a good piece of evidence. Also gather signed affidavits from friends and/or family who knew you as a married couple.

You mentioned at first you couldn't afford an apartment, and you were living with friends. Where was your wife living at that time?

I assume you entered the USA on a CR-1 Immigrant Visa? And then within 3 months your wife left you. At what point was the divorce actually final, and at what point did you file the I-751 w/waiver?

Best Wishes,
Rene

sumeet_vasu

Noorah Thanks for your reply

When we were living with our friends, it was more like sharing the appartment, we had a bedroom to our selves. The divorce was finalized in April 2007.Yes I did enter on CR-1, I filed the waiver as soon as we got the divorce finalized.

I did file taxes for 2 years till Divorce happened, but since she was gone, i files Married but filing separate, to make it more interesting in the first year taxes my Tax consultant made a mistake on my wifes SSN.

I will start looking for lawyers on the website, thanks for the information, do I just wait for them to send me a removal hearing, or is there something i have to do? Secondly do you know how long does it take before usually you get the removal hearing notice?

Thanks for your help.

Sumeet

Noorah101

The way you said it: "I couldn't afford an apartment, so I was living with friends, and then we were living with friends..." Makes it sound like at first, you and your wife were living separately, and then later on moved in together with friends.

Did you include these 2 years of tax returns as part of the evidence with your I-751?

I really don't know the answer to either of those, but I can tell you it will NOT be a quick and easy process.

Oh, and as for the EAD, to my knowledge you are no longer work authorized. Of course it's up to your employer to keep you on or not, but he faces penalties for employing someone who is not authorized to work in the USA.

Rene

sumeet_vasu

"Oh, and as for the EAD, to my knowledge you are no longer work authorized. Of course it's up to your employer to keep you on or not, but he faces penalties for employing someone who is not authorized to work in the USA."

Are you sure about this, since I went to my lawyer yesterday and he asked me if I had a GC stamp in my passport, which is till this november, He said I could still be working till than. I wasn't sure If i should have let my work people know about this based on that. Please advise and I will do the right thing.

Thanks

Sumeet

Noorah101

Oops, my bad. You don't have an EAD. You are work authorized as long as you are a PR, and you are still a PR until the immigration judge says you aren't.

So you are OK to continue working. I think that letter was referring to an EAD, which you don't have. Sorry for the confusion.

Rene

adjudicator89

So sorry to hear about your denial, so what the Immigration officer asked at the interview? Your attorney did not attend the interview with you? Wow , I am shocked. I believe the officer must been suspicious about something.

sumeet_vasu

My attorney was there but looking great sitting quietly next to me.. I swear to god, I actually went into their office and told them off yesterday and that is the reason I asked if any one had any great lawyers in NYC to deal with Removal cases.

The questions they asked were about why did we separate out, I messed out on those
1) Because my nephew was born just the day before so were having parties and was worn out after driving 17 hours from Atlanta to NY and actually woke up late for my interview..
2) Honestly I didnt even drink coffee on the interview day.. which I am addicted to my caffeine.. hard for every 1 to understand but without coffee it was like almost sleeping.
3) The guy told me so you only lived for a month when you moved here and I ended up saying yes - dont know why - while i had proof that we were together for 3 months.
4) I never went into details that my wife had miscarriage coz my assumption was they go through the file and would have a better idea about the case(the biggest wrong assumption I made)
5) Again my lawyer never even told me or prep me on what to expect.

So i guess it was a first time experience, which honestly almost cost me my life here, I had just bought a house, I was like wow, this life is funny.

adjudicator89

Sorry, but what a dumb lawyer you had he just sit there not saying anything? What was he getting paid for? What Did the officer said at the end of the interview?

Rete

You didn't answer the question that Milan asked which was "what questions did they ask you?" You only answered why you were clumsy about answering them.

Apparently partying is more important to you than your desire to remain in the US. Otherwise you would not have gone to Atlanta and would not have been too tired to attend your interview in a proper state of mind.

Again, you didn't consider your ability to stay here as one that warranted you to be in tip top shape both mentally and physically for the interview.

Perhaps because it was the truth. People do not normally reply yes to a lie.

You were there to explain your marriage and your divorce. They wanted to hear from you, not read your file. Why do you think your wife's miscarriage is pertinent to the validity of your marriage? She evidently had sexual relations or fertility treatment at least once in order to become pregnant but that does not mean you two were living in a valid marital state.

Where was the evidence that proved that you lived together, shared your life together, did things socially together, etc? Where is the bank account information? Where is the tax forms? Where are the affidavits from friends you lived with when you and your wife lived in their homes' together as man and wife? Where is the office documentation listed your wife as beneficiary of your health plan, 401K plan, life insurance? Where is the documentation about car and/or car insurance showing you both were insured by the same company or owners of the same vehicle?


Your attorney was wrong in not preparing you for this interview but then we don't know what you told your attorney or what he told you. We only know what you are telling us.

Honestly, it didn't almost cost you your American way of life. It did cost you your American way of life. Life is not funny nor is immigration. You didn't take it seriously. You don't see that being married only a short time and obtaining an immediate relative visa in India and then coming here without a job or finances with your USC wife and separating after only 3 months shouts fraud to the USCIS. You have done absolutely nothing to help yourself or prove your case.

Find a good attorney.

canuckshark

Sumeet - I don't mean to be harsh but Rete is dead on with her post. Just reading the first page of this website, you will see numerous cases of folks with airtight cases preparing the heck out for passing this arduous process.

Partying before a "not so slam dunk" case or going unprepared is asking for trouble. I don't believe you can pin this on your lawyer; at the end of the day, you are responsible for making the case!

sumeet_vasu

Rete and everybody else.

I totally agree it was my fault, Since I was driving back from Atlanta but the party that was done was for the excitement of the new born - I agree that does not give me a reason to forget being responsible and I think I was held accountable for that on the interview.

Rete

All the evidence that you are talking about

a) Bank statements - were attached (Indian Banks and here)
b) 401 K - didnt have it since I moved here and got a job after 2 months
c) Affidavits ( My lawyer did not want to add them to the case)
d) Car Insurance - She didn't have a license, but still she was shown as my wife on Insurance.
e) Medical Insurance - Got after 6 months (since for first 6 months I was a consultant, but once i got the job she was on my insurance till we were divorced)
f) 401k plan - Once i got after 6 months she was the beneficiary.
g) I understand it sounds fishy when a person looks at that some one comes to US and the marriage goes bad in 3 months but we were married for a year and couple of months, most of our times we stayed was in India, since I was working there, that is why most of my proof point back to India.
h) the bad part is people generally dont say Yes to a lie, and this is what i ended up doing when the question was asked because of my assumption that they go through the case and are fully aware, the bad part is it even said in my affidavit and I had proofs for that but again I accept I messed up. Once
again guys I know I messed up and I am trying to make it right, since I am honest and very disappointed to be in this situation because of my ignorance.

I visited some lawyers today and told them exactly what happened, one of the lawyer suggested I can refile I751 which did not make sense to me, does any body have any idea on this?

Noorah101

I don't see what good that will do now. This one is already denied, and you'll be going to an immigration judge to talk about it. I think having another one in the system at the same time would not be very useful. The same thing that made this I-751 deniable can make the second I-751 deniable as well. In my opinion, better to go in person and explain your particular case to the judge first-hand. But, I'm not a lawyer.

Rene

Folinskyinla

Hi:

You cannot renew before the Immigration Judge unless and until you are placed in removal proceedings.

The rights you have as to the timing of initiation of a removal proceeding, if they are initiated at all can be summarized succinctly -- none at all. You can be left out there to starve with no employment authorization for all they care.

The lawyer's advice makes perfect sense. Why would you say otherwise?

Folinskyinla

Hi:

It is good to have the receipt extending your permanent residence status and thereby having the ability to work. But that is just an opinion. Also, it is about the ONLY proactive thing that can be done now.

A denial of an I-751 is withOUT prejudice to filing another one. Let me put it this way -- been there, done that. In one memorable case, the denial had been after an investigation. I was then retained, read the denial. We filed a new one and stated that everything found in the investigation was true! However, the wrong conclusion were drawn from a story worthy of People Magazine. Second one was approved with no interview.