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 !