I-751 denied because USCIS "didn't receive additional evidence"

[sputnik 0]

Hello everyone, happy to be here, first of all Merry Christmas and Happy New Year!!! I do have a lawyer but just wanted to share my story with my I-751 application and maybe get few opinions on it.

01/2005 Introduced to my husband, he came to my country and we spent 5 romantic days together.

01/2006 Came to US on finance visa

03/2006 Married after 2 month

04/2008 Applied for removal of conditions as husband/wife

12/2008 Interviewed with IO at local office, he said he will mail us decision.

03/2009 Our marriage is not working out and husband sometimes doesn't stay at home, thinking about divorce.

05/2009 IOs visited me at home, I showed everything we had together. Husband was at work.

06/2009 Husband files for divorce

07/2009 My lawyer files new I-751 petition on my behalf with evidence with final divorce papers that marriage was bona fide. Ex submitted his letter for my support.

09/2009 Letter received from Field Office director that she doesn't believe marriage was bona fide, giving me 30 days to provide additional evidence or will deny my petition. Nebraska Office.

09/2009 Submitted additional evidence within 30 days that was given. Nebraska Office.

10/2009 Received letter saying I failed to submit additional evidence therefore my petition is denied. Attached deportation paper. Court date to be set.

10/2009 Lawyer has a copy of fedex package with tracking number which shows it was delivered on time, contacts local office for the case to be reviewed again because additional documents were sent on time and IO office "didn't get them at all" .

As of right now waiting on their review and response. I just don't know on what to expect anymore.

Thanks for any response.

[TracyTN 237]

If you have a lawyer on the case, that's really the best thing you can do. Having proof that you sent the documents they asked for should go a long way. I'm not sure what other advice we can give you that your lawyer hasn't already (in fact, he/she is bound to give you better advice anyway).

[FortLaudy 10]

This is the first time I've heard of a home visit by an I.O. very interesting! Was it a surprise visit or did you get a letter informing you of the time/date they will visit?

I for one wish they would rather do this more often, I'd rather have home visits than an interview for sure, how much more comfortable, I can make them tea! lol!

So did you go through the whole AOS interview without an interview because you came on K1?? Is this common, to interview or do a home visit before I-751 anyone? It does sound kind of weird, because once your AOS is approved and you have entered by way of a bonafide marriage it is possible to lift conditions by yourself after a divorce if you can show enough evidence that initially the marriage was legitimate.. what information did you send? Are they claiming they did not receive the information at all or that you did not send Enough evidence? Maybe your bitter ex husband called up the USCIS when he realised your marriage was not working out and told him your entire marriage was fake? Or they just did not receive the documents...

[sputnik 0]

This is the first time I've heard of a home visit by an I.O. very interesting! Was it a surprise visit or did you get a letter informing you of the time/date they will visit?

It was a big surprise for us, never called, never sent letters. 2 field officers knocked on my door at 7:00am sharp.

I for one wish they would rather do this more often, I'd rather have home visits than an interview for sure, how much more comfortable, I can make them tea! lol!

So did you go through the whole AOS interview without an interview because you came on K1??

I had interview in home country

Is this common, to interview or do a home visit before I-751 anyone?

I don't know, they did in my case

It does sound kind of weird, because once your AOS is approved and you have entered by way of a bonafide marriage it is possible to lift conditions by yourself after a divorce if you can show enough evidence that initially the marriage was legitimate.. what information did you send?

I sent everything we had together, income taxes, joint apartment lease, bills, joint bank account info, affidavits from friends and family.

Are they claiming they did not receive the information at all or that you did not send Enough evidence?

They are claiming not enough evidence received and I provided not enough evidence when they visited us at home.

Maybe your bitter ex husband called up the USCIS when he realised your marriage was not working out and told him your entire marriage was fake? Or they just did not receive the documents...

No, he is actually very supportive, he is living with someone else right now but supports me with this case.

[FortLaudy 10]

Well it's going to be extremely hard to convince them that you had a bonafide marriage, it sounds like they were suspicious already when you had the interview at the local office together... what kind of questions did they ask and was the marriage already rocky then? I'm asking that as it's quite strange that you did not hear from them for so long before pitching up at your front door finding your husband was not there at 7:00 am in the morning, do they know where he works and his work hours? Could they confirm that he was at work or were they suspicious of his whereabouts? Did they go through your house looking to find some of his belongings and what did they find?

Just in April a few laws were changed, the links below may be helpful... however you were supposed to file for I-751 in 2008, so this might not apply to your case...

Before this law the couple had to remain together and in a bonafide marriage for 2 years before I-751 could be approved, in your case they suspected that there was no bonafide marriage - probably at the interview - and then later they "confirmed" it in their minds when showing up at your house... Nowadays a couple could get married and prove it's bonafide with the evidence sent in with the AOS package and the interview... then after if the marriage does not work out, say within a year... the foreign spouse can file I-751 alone with a waiver... because your case is so old I'm not sure if you can use this law to your advantage at all...

http://www.uscis.gov/files/nativedocuments...tion_3apr09.pdf

http://www.marylandimmigrationlawyerblog.c...f-marriage.html

[sputnik 0]

Well it's going to be extremely hard to convince them that you had a bonafide marriage, it sounds like they were suspicious already when you had the interview at the local office together... what kind of questions did they ask and was the marriage already rocky then? I'm asking that as it's quite strange that you did not hear from them for so long before pitching up at your front door finding your husband was not there at 7:00 am in the morning, do they know where he works and his work hours? Could they confirm that he was at work or were they suspicious of his whereabouts? Did they go through your house looking to find some of his belongings and what did they find?

Just in April a few laws were changed, the links below may be helpful... however you were supposed to file for I-751 in 2008, so this might not apply to your case...

Before this law the couple had to remain together and in a bonafide marriage for 2 years before I-751 could be approved, in your case they suspected that there was no bonafide marriage - probably at the interview - and then later they "confirmed" it in their minds when showing up at your house... Nowadays a couple could get married and prove it's bonafide with the evidence sent in with the AOS package and the interview... then after if the marriage does not work out, say within a year... the foreign spouse can file I-751 alone with a waiver... because your case is so old I'm not sure if you can use this law to your advantage at all...

http://www.uscis.gov/files/nativedocuments...tion_3apr09.pdf

http://www.marylandimmigrationlawyerblog.c...f-marriage.html

At 7:00am husband was already at work, starts at 6am. I showed pictures, socks, shaver, basically his clothes. They asked where he worked and I told them where and what hours, they also visited him at work. We were married for over 2 yrs. so I don't know how that new law applies to me, my lawyer should know, that's why I'm paying him money I don't know why this is strange to them but we felt in love and he came to my country and brought me here, so I don't know why

[FortLaudy 10]

wow, how scary if in fact your marriage was bonafide up to the point that you had decided to divorce... how do you concvince someone that your marriage is real when they've made up in their minds that it's not... really pretty scary if all you're saying is true... just because he went through a lot of trouble and brought you over from your country to the US and you were married for over 2 years does not mean you had a "bonafide" marriage though. It's still up to you and your husband to prove it to the USCIS with some hard evidence (which you sometimes have to go out of your way to obtain but just kinda have to do because that's just how it is) Can I ask you some personal questions?

Which country are you from?

Is there a big age difference between you and your husband?

Is your husband financially stable?

What level of education do you have and do you work?

Sometimes I think the USCIS sees things like this: They know people make "deals" to stick together for 2 years and divorce after filing I-751... sometimes when they suspect the marriage is fake they know it will probably end shortly after the couple files I-751 (as the one partner only signed up for this deal for 2 years, and is not willing to stick around for more) so they wait a little while before sending out the approval/denial to gather evidence and see if the one partner bails... (yours did, rocky after 3 months of filing I-751 and divorced after 6 months) now they have a problem... especially if this person is not educated and not working and divorced from the USC and the USC has moved on with another wife/husband... the fear is that this "alien" will soon be a burden on the US government claiming benefits... so it's better for them to deport the alien asap...

"03/2009 Our marriage is not working out and husband sometimes doesn't stay at home, thinking about divorce. This is probably the time you were under investigation.

05/2009 IOs visited me at home, I showed everything we had together. Husband was at work."

So at this point your marriage was definetely rocky and your husband sometimes did not stay at home... Did you tell this to the IO's or did you pretend that everything was still great between you two? It sounds like, at this point, they were 100% convinced that the marriage was either fake or not functional anymore, if you were honest at this point then maybe you could have filed I-75 alone, lying to them however probably sealed your fate. They probably spoke to your neighbors too...

I'm really not sure what you could do to prove to them that the marriage was not fake, I don't even know if you'll have some type of hearing or anything, but if you do it would be really good if you can take your ex-husband along to testify on your behalf... I cannot judge by just reading your post if your marriage was real or not, only you and your husband, close friends and family know that... the only thing that's scary to me is that if you are honest and you did have a bonafide marriage and an IO just happens not to believe you it is definetely scary to have to prove otherwise, especially if the IO is a schmuck... sheez !

[sh18 3]

Never seen a case where IOs were visiting at home, weird, I don't know how they would even visit my spouse at work: they would not be let in the building without a badge.

[FortLaudy 10]

Never seen a case where IOs were visiting at home, weird

My thoughts too, that's why I'm pretty sure they were convinced the marriage was fake well before then and just wanted some solid proof... If they pitched up then, they probably did before too and saw that he wasn't there and maybe confirmed who was living there with the neighbors - very easy, just a phone call!

I would definetely welcome a home visit though, that way we could skip the whole dredded "interview" business where you're made to feel guilty before you even walk in, as it's your obligation to prove to them that your marriage is real... #######? A home visit where they can speak to the neighbors and see how we live and chat over a cuppa tea would be far more civilized manner of coming to a conclusion over the ligitimacy of our marriage, even at 7am...

[Chica Yeyé 41]

Never seen a case where IOs were visiting at home, weird, I don't know how they would even visit my spouse at work: they would not be let in the building without a badge.

I have seen at least 4 cases on VJ where the IOs make unexpected home visits.

I hope your lawyer is doing the best possible job.

[FortLaudy 10]

I have seen at least 4 cases on VJ where the IOs make unexpected home visits.

I hope your lawyer is doing the best possible job.

Do you think they have more free time on their hands now since the immigration rate has slowed down some and they're not bogged down with applications?

They would definetely be smart in doing unexpected home visits to catch them marriage fraudsters!!

[sh18 3]

Sputnik, did you send enough evidence by the way? You have both names on the house you rent/own, insurance, bank account, etc?

[sputnik 0]

wow, how scary if in fact your marriage was bonafide up to the point that you had decided to divorce... how do you concvince someone that your marriage is real when they've made up in their minds that it's not... really pretty scary if all you're saying is true... just because he went through a lot of trouble and brought you over from your country to the US and you were married for over 2 years does not mean you had a "bonafide" marriage though. It's still up to you and your husband to prove it to the USCIS with some hard evidence (which you sometimes have to go out of your way to obtain but just kinda have to do because that's just how it is) Can I ask you some personal questions?

Which country are you from?

Is there a big age difference between you and your husband?

Is your husband financially stable?

What level of education do you have and do you work?

Sometimes I think the USCIS sees things like this: They know people make "deals" to stick together for 2 years and divorce after filing I-751... sometimes when they suspect the marriage is fake they know it will probably end shortly after the couple files I-751 (as the one partner only signed up for this deal for 2 years, and is not willing to stick around for more) so they wait a little while before sending out the approval/denial to gather evidence and see if the one partner bails... (yours did, rocky after 3 months of filing I-751 and divorced after 6 months) now they have a problem... especially if this person is not educated and not working and divorced from the USC and the USC has moved on with another wife/husband... the fear is that this "alien" will soon be a burden on the US government claiming benefits... so it's better for them to deport the alien asap...

"03/2009 Our marriage is not working out and husband sometimes doesn't stay at home, thinking about divorce. This is probably the time you were under investigation.

05/2009 IOs visited me at home, I showed everything we had together. Husband was at work."

So at this point your marriage was definetely rocky and your husband sometimes did not stay at home... Did you tell this to the IO's or did you pretend that everything was still great between you two? It sounds like, at this point, they were 100% convinced that the marriage was either fake or not functional anymore, if you were honest at this point then maybe you could have filed I-75 alone, lying to them however probably sealed your fate. They probably spoke to your neighbors too...

I'm really not sure what you could do to prove to them that the marriage was not fake, I don't even know if you'll have some type of hearing or anything, but if you do it would be really good if you can take your ex-husband along to testify on your behalf... I cannot judge by just reading your post if your marriage was real or not, only you and your husband, close friends and family know that... the only thing that's scary to me is that if you are honest and you did have a bonafide marriage and an IO just happens not to believe you it is definetely scary to have to prove otherwise, especially if the IO is a schmuck... sheez !

Shani682,

Thank you for your response and support. We didn't have a lawyer until their visit to our apartment, at that point we decided to get professional help. When they paid a visit our relationship was rocky but we still resided together and that's what I told IOs. I'm from central Asia and yes, my ex spouse is little bit older than I'm and he makes well over 100K a yr. I'm full time employed but don't make anything near him well at least not now. Also, this wasn't his first divorce, he has kids from previous marriage. At this point I just don't know what to think because everything we had together we provided to them and I guess it is just not enough.

[sputnik 0]

Sputnik, did you send enough evidence by the way? You have both names on the house you rent/own, insurance, bank account, etc?

Here is what we sent

joint income tax

joint rent lease

joint bank accounts

joint utility and cable bills

pictures

friends/parents affidavit of support

wedding ring receipt

copy of life insurance

[sputnik 0]

I have seen at least 4 cases on VJ where the IOs make unexpected home visits.

I hope your lawyer is doing the best possible job.

The only mistake we made is that we waited until last minute to get a lawyer. So far the lawyer has my trust plus I just don't have time to get another one.