My I-751 was denied and now what?
 

I just received denial letter for I-751 today.

My case is a long story, so I want to make it short for you to see the whole picture quickly.

1. I married to a man and filed for I-485, I-130 and received a temporary GC.

2. Divorced the man

3. Remarried to a man and filed for new I-485, I-130 instead of filing I-751. My lawyer also sent a request letter to cancel my old I-485 with divorce decree.

4. We went to an interview for new I-485, I-130. The officer said to us that my old I-485 still exist, so he cannot approve new I-485. He suggested us to wait until my old I-485 is denied. He sent us denial letter for new I-485 (under new marriage). He approved new I-130.

5. My lawyer sent I-751 and my temporary GC got extended for 1 year.

6. After 1.5 year, our lawyer received a call from immigration and they said my I-751 will be denied due to the request letter my lawyer sent previously.

The denial letter basically says they denied because I don't have much proof to establish I entered into marriage with good faith. It also says I may request review of this determination in deportation proceedings.

My lawyer says we will need to file new I-485, I-130 again.

Do I still need to request review of this deportation proceeding even if filing for new I-485, I-130?? Is this common to receive a call from immigration before receiving a denial letter??

Re: My I-751 was denied and now what?
 

This is like a prototype on how too many applications in the system running in parallel can be disastrous. Next thing you see is a run of denials because of these conflicts. Good you did not apply for citizenship.


All mundane denials are like the one you just got. Its interesting to know that the telephonic denial was because of the lawyers letter, and the written denial was for the lack of evidence. Two different things that resulted in the denial.

Requesting a review is one of the blessings at the removal proceeding.

Yes, your lawyer can receive a call prior to the written denial. Its done on a case by case basis. Gives your counselor time to make a blueprint of his next move.


Maki do not worry, you will get some very experienced ideas from this board.

Re: My I-751 was denied and now what?
 

Hi:

I have no idea if you describing your lawyer's advice and actions correctly. Go get a second opinion.

As you describe it, many many basic mistakes were made. If your description is correct, my inclination would be to 1) file a new I-485 without a new I-130 and 2) file a new I-751 waiver.

You may very well be placed in removal proceedings before the Immigration Court.

Please note that I am not, repeat not, your lawyer.

Re: My I-751 was denied and now what?
 

You've been posting about this since January, 2009

http://britishexpats.com/forum/showthread.php?t=584533

Mr. Folinskyinla has offered you good advice.

It is not common, but then again it is not rare to receive a phone call.

It would seem now, as it has from the beginning, as though you have fouled up your entire process but it is correctable.

Re: My I-751 was denied and now what?
 

I strongly agree with Rete , Mr.Folinskyinla and lostlove.
First off all I am sorry for your denial.In my opinion your lawyer seems like he has no idea what he is doing and made it even worst for you.You should have filed only I-751 waiver and not new I-485. It looks like a big mess. If possible and if you can financialy afford this please seek another attorney. Best wishes.Milan.

Re: My I-751 was denied and now what?
 

I have the same situation I'm remarried too. I probably had 6 or 7 consultations with lawyers. Not even one advised me to start over with my new marriage. Everybody told me to file i 751 waiver.
I wanted to start over with my new husband and do not continue with my ex marriage. I listened to the lawyers and filed i751 waiver instead.
I am not a lawyer, but logic does not let me see how can I just within my file go from one marriage to another. Seems like the logical way - to file i 751.

About the situation in general - I understand how you feel and I'm very sorry.
It is very difficult even to give you an advise. From my point of view you made your situation even more complicated with filing so many things at the same time.
One of the lawyers I had a consultation with even advised me not to file n400 based on 3 years to my new marriage. To file only based on 5 years and just follow my file through my first marriage. He told me I came here on k1 visa with my exhusband and I have to follow all the nessesary steps to continue my way to naturalization.

Re: My I-751 was denied and now what?
 

I also think try to read as more as possible about your situation there is always information available and when your lawyer tells you what to do - think for yourself too. Question him, ask for a second opinion. Try to understand your situation yourself.
At least this is what I do with my case. We are in the same boat with you. i still do not know what can happen to me, but at least it's not that messy.
Also I think may be if you have a hearing with IJ during your removal - you will be able to use your new marriage and approved I 130.

Re: My I-751 was denied and now what?
 

http://britishexpats.com/forum/showthread.php?t=603565

this is a post of tortuga9999
he was in the same situation we are now.
he was also remarried, filed i751 waiver and later n400 based on his new marriage
I talked to him few days ago,he actually became citizen with the help of congressman office. They approved both his i751 and n400

Re: My I-751 was denied and now what?
 

Thank you very much for all the help! I really appreciate every single advice!

I talked with lawyer's assistant today to ask if I can file new I-751, then she said the denial letter was final and it will be denied again. She said my lawyer will just file for new I-485. not new I-130 or I-751.

What I understood is that people who got denied for thier I751 for lack of proof of bonafide marriage cannot get GC through new I-485. So, I said to her I think filing new I-485 only will cause another denial letter.

She said she will ask lawyer regarding the matter.

Now I am getting confused again. Should I just file new I-751 or request them for review of my denied I-751? Is there any timeline I have to request for review of my denied I-751? I read the denail letter again and again but there was no mention about time line for review request.

maki

Re: My I-751 was denied and now what?
 

Where do you hear this?

As for your I-751, you never said what documentation you sent with the I-751 as proof that you entered the first marriage in good faith. Perhaps you didn't include anything or not enough or not the right evidence. Your attorney is the one that should know that and regardless, you petition for removal was denied.

There are so many issues in your case and frankly, I believe with all the marriages, the divorce, a child, letter to rescind your first residency status, then filing for removal of conditions, the approval of the rescinding of the first residency status, the denial of the removal petition, the approval of a new I-130 and the possible filing of another I-485, it is far too complicated a matter for the members of this forum.

Wishing you the best and the ferevent hope that your case is settled to your satisfaction in the not to distant future.

Re: My I-751 was denied and now what?
 

Alina:

Yes his I751 waiver was approved after 3 years. The N400 approval came from the 5 year rule and *not* on basis of his new marriage. I think its there somewhere hidden in his old threads. Correct me if I am wrong Alina.

Re: My I-751 was denied and now what?
 

Maki:

Your suituation is bizzare at best. And if you are with the same lawyer from Jan. 2009 then you are dealing with a rougue, a crafty rascal who doesnt know what hes doing. An artless lawyer making you a victim of his experiments. Seems that you have been misguided and misinformed from the start.
I used to think that my case is complex, but after I read your story mine is smooth like a babies skin.
Hope you get a mature and skilled counsellor.

Re: My I-751 was denied and now what?
 

Well said lostlove.

Re: My I-751 was denied and now what?
 

He had interview for n400 and they told him to bring an evidence of approved i 751 otherwise they will deny n400
he was confused, he contacted congrassman, they helped and both i751 and n400 were approved.
He actually filed i 751waiver based on extreme hardship (since his removal will be hard for his new family, he was the only provider)
He filed n400 based on 3 years married to his new wife

Re: My I-751 was denied and now what?
 

I believe after you received a denial you will eventually get a letter that you are in removal proceedings - I do not know how long does it take to receive it. This is when you will go infront of immigration judge and I think your new marriage and approved i 130 can help you and may be judge will adjust your status by his decision. Other than that i do not see any other way for you. Your new i 751will probably be denied again if they will even take it. I 485 might be denied for the same reason - the old one is still exist.
Consult a different lawyer
may be there is way to reconsider or reopen your i 751 based on some evidence you have about your first marriage
otherwise get ready for removal proceedings - this usually the next step after you get denial for i751

Re: My I-751 was denied and now what?
 

That was because the I-751 had to have been approved for him to still be considered a PR and thus eligible for naturalization. If the I-751 had been denied he would no longer be a PR.

Re: My I-751 was denied and now what?
 

He filed n400 based on 3 years married to his new wife[/QUOTE]

Someone correct me if I am wrong, Alina I don't think someone who re-married can't file N-400 based on new marriage when that person was approved I-751 from previous marriage so new marriage does not count. He was or he had to fie N-400 based on 5 years residency.(just like lostlove explained)

Re: My I-751 was denied and now what?
 

Someone correct me if I am wrong, Alina I don't think someone who re-married can't file N-400 based on new marriage when that person was approved I-751 from previous marriage so new marriage does not count. He was or he had to fie N-400 based on 5 years residency.(just like lostlove explained)[/QUOTE]


that's why I will do it based on 5 years because I agree with you.
Tortuga9999 did it his way He filed based on his new marriage
The reason I wrote him - i was wondering what happened
Read his thread
http://britishexpats.com/forum/showthread.php?t=603565

He also file i 751 waiver based on hardship to his new family
When I read his post I thought there is no way it would work (I wanted to file hardship waiver as well at some point but the lawyers told me it would not be approved)
So I wrote him - and he got his citizenship
How can you explain that Mr. Future Adjudicating Officer.
By the way when did you decide to become one???

Re: My I-751 was denied and now what?
 

Alina:

It takes 5 years to apply for N400 based on a approved I751 waiver. And it take 3 years to apply for N400 based on a approved I751 joint.

You can change the spouse after the divorce but cannot change the above rule. Butter or cheese ..choose one. You cannot have both. :)

Re: My I-751 was denied and now what?
 

I do not think there is a rule like that
You can file N400 based on 3 years being married to us citizen
it does not say to the us citizen that you obtained your CGC with.
So the guy challenged the USCIS and he won in a way... at least he got his citizenship.
Anyway i won't go against the rules just because i do not want to confuse USCIS more than they already confused.
Actually 4 out of 5 lawyers I consulted with told me it does not matter how I apply - at this point I have both 5 years being a resident and 3 years being married to us citizen (not the same one but still there is 3 years already)
Only 1 lawyer told me do not do that and only apply based on 5 years.

Re: My I-751 was denied and now what?
 

[QUOTE=alina97;8068970]I believe after you received a denial you will eventually get a letter that you are in removal proceedings - I do not know how long does it take to receive it. This is when you will go infront of immigration judge and I think your new marriage and approved i 130 can help you and may be judge will adjust your status by his decision. Other than that i do not see any other way for you.

Alina, I guess you are right. My lawyer called me this afternoon and said to me exactly what you mentioned. I will see immigration judge eventually. Keep filing I-485, I-751 one after another won't solve this knots. I will go crazy.

I still don't understand why immigration said my proof of marriage was not enough. In the denial letter, it says they carefully consider the proof that I provided. I had a letter from marriage counseling, bank statement from 3 banks, insurance, all kinds of bills, pics, tax return. My lawyer asked me to ask my ex to write a letter, but I didn't want to ask him. I thought that would be rude. I think immigration should provide points system on those proof people should provide. For example, each bank statement -- 1 point, 10 pics --1 point. tax return -- 3 point, etc. I still don't know what they wanted to receive from me.

Re: My I-751 was denied and now what?
 

Alina,
I always wanted to be one and hopefully will become one:)
But Alina I strongly disagree with filing N-400 on a new marriage. I am sure Mr.Folinskyinla will agree on that. I guess the Io who approved his N-400 on his new marriage had no freaking clue what he was doing.

Re: My I-751 was denied and now what?
 

Provided that you got your PR status thru him/her (USC).

Reference:
Note the rule for N400 says “In general, you may qualify for naturalization under Section 319(a) of the Immigration and Nationality Act (INA) if you have been a permanent resident (green card holder) for at least 3 years, have been living in marital union with the same U.S. citizen spouse during such time, and meet all other eligibility requirements under this section.

N400 = Same USC spouse + 3 year PR.

The point has been understood, but just wanted to add my 2cents, if ppl still have doubts :-)

Re: My I-751 was denied and now what?
 

Absolutely NOT true.

It does not matter how you got your PR status. If you are married to a USC for three full years and have not yet reached the 5 year PR eligibility but have surpassed the 3 year eligibility based on marriage to a USC, then you are eligible to naturalize.

You cannot be married to one for 1.5 years and the next for 1.5 years and consider that 3 full years. It is marriage to ONE USC, not a combination of marriages to various USC's.

Re: My I-751 was denied and now what?
 

I don't write this to be a b**ch, but don't immigrants think about their immigrational status before they do things? Why do you marry one USC and adjust status to Conditional PR, then get a divorce before conditions are removed and within days/weeks marry another USC without thinking about the repercussions on your immigration status? I understand the divorce if you are in an abusive marriage. I know love is grand but why the need to marry quickly before you have settled your immigrational status?

Re: My I-751 was denied and now what?
 

Yes, I concur strongly. You CANNOT stitch 3 marriages in 3 years to work for your benefit for the 3 year N400. There should be some blessing in staying married.
There is no quick citizenship when you have tasted the smorgasboard of multiple spouses. Wait 5 years..pleasure and pain go hand in hand. LOL

Re: My I-751 was denied and now what?
 

I never said anything about 1.5 + 1.5 different spouse marriages.

What I am saying is that to be eligible for the 3 years N400 rule, you need to be a PR first and be married to the same USC spouse.

Re: My I-751 was denied and now what?
 

[QUOTE=makidesuu;8069198]Hi:

Based upon your description, you seem to be saying that CIS made an affirmative finding that your prior marriage WAS bona fide and then stated you have not established that the marriage was not bon fide.

I just looked at your first post and you are pretty clear that the second I-130 was approved long before the most recent denial of the I-751.

Something really does not click in your story. What is CIS doing about that I-130 which was approved? You don't say.

Re: My I-751 was denied and now what?
 

Your not a B***H, neither am I Dr. Phil :lol:.
Some immigrants place the Green card as the highest priority in their lives. And will do all it takes to get it. Getting a green card is like floating in an ocean of security. And besides there is this notion that love brings marriage, marriage brings security and the green card.
Fear, insecurity and misery drives people.:)

Re: My I-751 was denied and now what?
 

I did not want to comment on this, but I could not hold my urge back. Not that I have remarried and want to justify myself that is why I am replying.

Yes I do agree that it may look like as if you are after the GC, but trust me there are a few people who have their reasons to do so. We don’t know what they are going thru to take that decision of getting married within a few days/months to someone. Many reasons can compel some to do this. After enduring an abusive marriage, the loved fades out and all you know is survival. Reasons can be anything from emotions, security, loneliness, family pressure, financial conditions, age, cultural values etc.

Immigration status has nothing to do with personal life. Alina is an excellent example of this. She separated the 2 issues – Immigration and Personal life (marriage) and moved on with her life irrespective of the Immigration status or the outcome or what Immigration might think about her new marriage (though I do not know how soon she married after being divorced). One cannot put life on hold for USCIS to make decisions about our fate.



Settle Immigration Status???? You know how many years that can take for no reason at all? See lost love and myself as well as other’s who’s Immigration status is in a limbo since 2 – 3 years? I guess its a personal choice and no one has the right to question it.

I know people (non-Immigrants) who have been married 6 - 7 times. Have kids all over the country from different marriages as well as outside marriages. Get divorced in one court room and go to the next room and get married. They can do it, just bec they do not have to worry about being looked suspiciously by Immigration? Not fair!

As Alina said it somewhere: We Immigrants and specifically waiver filers are looked upon as gulity until proven innocent!!! Excellent! Welcome to U.S.A !

Re: My I-751 was denied and now what?
 

[QUOTE=Folinskyinla;8070578]Alina:

Read the above very carefully, I repeat very carefully. Remember that the I130 and the I751 are like twins of the same mother.
Mr F.s questions makes me think. Has my once approved I130 revoked after my conditional status was terminated?

Re: My I-751 was denied and now what?
 

No, but you did say and I quoted what I was saying you were wrong about ... that you can only naturalize based on marriage to the person you obtained PR status from.

Re: My I-751 was denied and now what?
 

And would you want it any other way if you were a USC? I don't think so. Anyone who comes to the US and marries a USC, obtains PR status and then quickly divorces and remarries is subject to scrutiny. It is inevitable and IMHO justified. We have a statute against fraudulent marriages in the USCIS rules and regulations and it is up to the USCIS to see that fraud was not committed.

That does not mean that the foreign spouse cannot protect themselves from an abusive marriage and/or get out of a marriage they are unhappy in. They have the ability to file and have successfully adjudicated a waiver for removal of conditions based either on abuse and/or entry of marriage in good faith.

It is not like the cards are stacked against you. But why make it harder on yourself and go from the divorce courtroom to the judge's chambers and marry someone new? Why not live together until your waiver has been approved?

Re: My I-751 was denied and now what?
 

Please explain:

Eg: Ms. X marries Mr. A (USC) in Jan 2000. Gets CGC: Jan 2001 - Jan 2003.
(If still married and the joint petition is filed and approved timely, she is eligible to apply for N400 in Oct 2003 (2.9years))

Lets take a hypothetical scenario:

Say if the above X and A marriage fails, and they get divorced in May 2001 (with 6 months of marriage).

Ms. X applies for I-751 waiver in June 2001 (based on good faith mariage/divorce).

Re-marries a USC "Mr. B" in December 2001 and is married to him since Dec 2001 for 3 years irrespctive from whom she got her PR ststus.

Now according to what is being debated here, that one can apply for N400 if one is married to a USC for 3 years.

Can she apply for N400 in Sept 2004 (2.9 years from 2nd marriage frm Dec 2001 - Sept 2004) and (3.8 years since she got her CGC in Jan 2001), even if there is no decision still on her I-751 waiver filed in June 2001?

Kim

Re: My I-751 was denied and now what?
 

I don't mean to cut in. My opinion maybe flawed. LOL I am not a juris doctor!

No! As the I130, I751, and N400 have to be attached to the first original spouse. ( the 3 forms are like one family )


Yes, this is possible under the 5 year residence rule regardless of the pending waiver.

BTW in either case above the I751 waiver has to be approved for the N400 to work out.

Re: My I-751 was denied and now what?
 

So what did I say wrong when I posted the above line?

Re: My I-751 was denied and now what?
 

I guess it's just luck , you can not invent more evidence it's the same for every case. I see you pretty much have the same evidence that everybody else. I have no idea why they denied it. First of all may be it's because you filed too many things at the same time, on the other hand they say it all comes down to one person - officer that makes a decision.
Do not get too upset. My situation is not any better I can get denial any time. Get ready for your court day with the judge. He might see your case differently and help you especially based on your new marriage.

Re: My I-751 was denied and now what?
 

Same for 3 years but does not mean same since you came to us

Re: My I-751 was denied and now what?
 

I can only answer for myself - immigration process takes years. You can not put your life on hold, settle your immigrational status and then start living.

Re: My I-751 was denied and now what?
 

No, Ms. X, a/k/a Mrs. A and now k/a Mrs. B, can file for naturalization. She meets the criteria. 1. Mrs. B is a PR for over 3 years; and 2. Mrs. B is viable married to and still living with a USC for over 3 years. The criteria have been met and yes, she can file.

The fact that the waiver has not been adjudicated will mean that the waiver will have to be adjudicated by the time of the interview and/or soon afterwards for the successful completion of the naturalization process. You cannot naturalize without the conditions being removed and if she were still married to Mr. A and the I-751 was still pending (which was our case), the naturalization interviewer would have the ability to adjudicate the pending I-751 so that the interview can be finalized, one way or the other.