makidesuu

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??

lostlove

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.

Folinskyinla

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.

Rete

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.

adjudicator89

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.

alina97

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.

alina97

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.

alina97

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

makidesuu

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

Rete

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.

lostlove

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.

lostlove

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.

adjudicator89

Well said lostlove.

alina97

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

alina97

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