Matthew Udall

I’m well aware of the memo and posted about it on this group the day it was released to the AILA membership. Yes, you are correct in that District Directors were the ones to deny an I-751 in the past and now a Service Center Director can do that. But you asked if Mr. F. was aware of this new law (and said he was only partially correct), and since it is not a new law I was wondering what you were talking about. If there was a new law that I wasn’t aware of, then I wanted to know about it.

curiousmelon

What one can do if he/she gets denied based on that "memo"?
And what needs to be done/sent along with I-751 in order not to give CIS the wrong impression that marriage is a sham?
thank you

Matthew Udall

It wouldn’t be denied based on the memo (all that did was add that a SC director can deny it once procedures are followed and fraud is found), but instead based on a finding of marriage fraud.

A well-documented submission is a good place to start (but try to avoid “overkill”). Every case is different.

curiousmelon

thank you,
but dont you think that the local office still would get involved in order to follow up (interviews and etc) if marriage is real or not, and still the case would be forwarded to the local office?
Or do you think that since SCs now can deny I-751s, they themselves will do the investigations, interviews and etc. at the CSs, without involving local offices?
thanks

Matthew Udall

I think the memo addresses both of your questions. Check it out.

curiousmelon

Thank you

Folinskyinla

Hi:

CIS can do some mighty strange things at time -- however, in order to deny an I-751 for fraud, the law requires EVIDENCE, and pretty strong evidence at that. In fact, although it appears to mostly an asylum case, the "Stolynikova" [sp?] from the 9th Circuit last September slammed an Immigration Judge by NAME [which is not a "Ho Ho" matter in court] for blowing the burden of proof.

As a practical matter, I think the procudure change will make little difference -- and if it does, fine and dandy for lawyers -- we get to have the condition removed before the Immigration Court.

But I said "general" and I don't think that memo changes things -- and if it does, CIS will have its rear end chewed quite badly when the dust settles.

gora

Hi June,

The New Processing As Of dates are out on the USCIS web-site. I am sure you must have noticed that already. Looks like the CSC is doing something with thier I-751's. Infact your's is right around the corner. So Good Luck.

Regards

Gora

June

Hi Gora,

Yes I did notice that the CSC is now working on 8/3/05 & yes you are right ours is right around the corner I hope. We are very nervous, anxious & excited because we hope everything goes smoothly for us & we get approved for the removal of conditions without an interview or RFE. We originally submitted everything joint that we had which was quite a bit plus the kitchen sink so we are hoping we will get an approval. Thanks for watching out for me that makes me feel real good that someone else cares. Please let me know if you hear anything else & I will let you know as well. Good luck to both of you our prayers are with you. Talk with you again real soon.

Fondly
June