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

[FortLaudy 10]

I believe I'm ready for court because this is the only way I can prove that we had real marriage. My ex is willing to support me even tho he is living with someone else already.

I just wanted to help you understand your situation and your options so the lawyer doesn't take you for a ride... I'm a law student btw so I love this stuff and truly just trying to help you, not confuse you... ;-)

The evidence of bona fide marriage that you submitted with your joint I-751, is this identical to the evidence you submitted with your recent (alone) filing of I-751??

If you read the memorandum, they are looking for "new" evidence to even consider your latest filing, not the same... it's that same evidence that they denied you on, so they don't need to see it again, and the divorce that followed is even worse "evidence" so hopefully you sent in more pictures, more bills, more bank statements etc. not the same??

[3600rs 24]

Shani682, I am sorry, but I doubt you know what you're talking about. You can get divorced and still file to remove conditions. So yes even if your marriage is not good in 2 years or 3 months, it doesn't matter, as long as you prove you entered it in good faith. It is when they suspect that you're lying that you're filing together when you're not or that you entered the marriage solely to receive immigration benefits, that's when the trouble begins.

And, no, you do not just get deported: there is a process and in fact it is not even up to USCIS, but immigration judge.

Sh682:

I agree with you completely.

And its true its not up to the USCIS to deport, its the immigration judge's job. Now USCIS is a part of the DHS, and Immigration judge is a part of the DOJ. 2 different organizations all together. Many common people miss this point time and again.

[sputnik 0]

I just wanted to help you understand your situation and your options so the lawyer doesn't take you for a ride... I'm a law student btw so I love this stuff and truly just trying to help you, not confuse you... ;-)

The evidence of bona fide marriage that you submitted with your joint I-751, is this identical to the evidence you submitted with your recent (alone) filing of I-751??

If you read the memorandum, they are looking for "new" evidence to even consider your latest filing, not the same... it's that same evidence that they denied you on, so they don't need to see it again, and the divorce that followed is even worse "evidence" so hopefully you sent in more pictures, more bills, more bank statements etc. not the same??

At this point I don't even know if my I-751 is denied or pending because when I sent my I-751 (alone) with supporting docs, I got a response back giving me 30 days to respond to their questions and provide more evidence. Which I did, on time. They claim they didn't find my support documents, as if I didn't respond to their request and denied my petition. My lawyer resubmitted all support docs with tracking info that it was delivered on time and now they are reviewing my application again after it was denied

Once again, Merry Christmas people !!!

[FortLaudy 10]

At this point I don't even know if my I-751 is denied or pending because when I sent my I-751 (alone) with supporting docs, I got a response back giving me 30 days to respond to their questions and provide more evidence. Which I did, on time. They claim they didn't find my support documents, as if I didn't respond to their request and denied my petition. My lawyer resubmitted all support docs with tracking info that it was delivered on time and now they are reviewing my application again after it was denied

Once again, Merry Christmas people !!!

Can you tell us what you sent with the joint I-751 as evidence

And then with the I-751 that you sent alone ?

I know this might be digging a bit personal, What specifically were they asking for in this "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."this might be very helpful to people on here in future...

It's very important that you send "NEW" evidence in your second filing, not the same stuff, more of it and more detailed, evidence of the marriage OVER TIME after the conditional GC was issued...

[3600rs 24]

At this point I don't even know if my I-751 is denied or pending because when I sent my I-751 (alone) with supporting docs, I got a response back giving me 30 days to respond to their questions and provide more evidence. Which I did, on time. They claim they didn't find my support documents, as if I didn't respond to their request and denied my petition. My lawyer resubmitted all support docs with tracking info that it was delivered on time and now they are reviewing my application again after it was denied

Once again, Merry Christmas people !!!

Well, if your lawyer has submitted the tracking number to refute their claim of non delivery, then you should be ok. They will inspect the documents asked in the RFE and make a decision considering the merits of the case. Your condoned and get a new life. Its not rare for USCIS to make abnormal decisions from time to time.

[3600rs 24]

In addendum to my last post.

Its normal for files and documents to get lost in transit. That's why lawyers like little details of everything, from little stamps to tracking numbers. Small as they seem, they are big help front of the IJ.

[sputnik 0]

Can you tell us what you sent with the joint I-751 as evidence

And then with the I-751 that you sent alone ?

I know this might be digging a bit personal, What specifically were they asking for in this "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."this might be very helpful to people on here in future...

It's very important that you send "NEW" evidence in your second filing, not the same stuff, more of it and more detailed, evidence of the marriage OVER TIME after the conditional GC was issued...

Original Joint I-751 hardly anything, we didn't do homework. Just a few pics, copy of GC and joint checking account.

Second Single I-751 We got a lawyer and sent everything, tons of support docs, which I listed before.

They specifically said that he didn't live with me this whole time since we married And I think I know why they came to this conclusion. While we were still married, he has been out of town a lot, claiming he was working out of state but he was staying with his old gf that he knew even before we married. He acknowledged that he cheated and this was one of reason for our divorce.

Edited December 23, 2009 by sputnik

[sputnik 0]

In addendum to my last post.

Its normal for files and documents to get lost in transit. That's why lawyers like little details of everything, from little stamps to tracking numbers. Small as they seem, they are big help front of the IJ.

FedEx rules

[TracyTN 237]

At this point I don't even know if my I-751 is denied or pending because when I sent my I-751 (alone) with supporting docs, I got a response back giving me 30 days to respond to their questions and provide more evidence. Which I did, on time. They claim they didn't find my support documents, as if I didn't respond to their request and denied my petition. My lawyer resubmitted all support docs with tracking info that it was delivered on time and now they are reviewing my application again after it was denied

Once again, Merry Christmas people !!!

I'm confused. Your thread title and the post I've quoted make it sound like they denied you because they didn't think you responded to the RFE. In another post, you said they denied you because what you did send with the RFE response wasn't adequate proof of a legitimate marriage. Which is it? It makes a difference when you're trying to fight their decision. Though I assume your lawyer knows which it is.

Edited December 23, 2009 by TracyTN

[sputnik 0]

I'm confused. Your thread title and the post I've quoted make it sound like they denied you because they didn't think you responded to the RFE. In another post, you said they denied you because what you did send with the RFE response wasn't adequate proof of a legitimate marriage. Which is it? It makes a difference when you're trying to fight their decision. Though I assume your lawyer knows which it is.

Sorry to confuse you. Maybe this will help.

I-751 filled as married living together.

While file is pending we divorce. (married for 3+ years, 06-09)

Hired lawyer and I submit I-751 alone with support docs.

I-751 Response received, need additional support documents, must reply within 30 days, if nothing received within 30 days petition auto. denied.

Within 30 days, additional support docs sent.

Received Denied I-751 "failed to respond with additional support docs"

Lawyer contacts local office asking to re-review my case with additional support evidence, provides tracking info that my evidence arrived on time.

As of right now, local office reviewing my denied case with additional support evidence that they claimed never received.

Hope this resolves any questions.

[TracyTN 237]

Sorry to confuse you. Maybe this will help.

I-751 filled as married living together.

While file is pending we divorce. (married for 3+ years, 06-09)

Hired lawyer and I submit I-751 alone with support docs.

I-751 Response received, need additional support documents, must reply within 30 days, if nothing received within 30 days petition auto. denied.

Within 30 days, additional support docs sent.

Received Denied I-751 "failed to respond with additional support docs"

Lawyer contacts local office asking to re-review my case with additional support evidence, provides tracking info that my evidence arrived on time.

As of right now, local office reviewing my denied case with additional support evidence that they claimed never received.

Hope this resolves any questions.

That makes it clearer, thanks. I'm sure others followed along but I was lost (pregnancy brain??).

[sputnik 0]

That makes it clearer, thanks. I'm sure others followed along but I was lost (pregnancy brain??).

Yes, I agree. I hope this case will help someone in the future.

[3600rs 24]

Now I clearly understand the nature of events.

I-751 filled as married living together.

While file is pending we divorce. (married for 3+ years, 06-09)

The joint waiver was denied. Protocol.

Hired lawyer and I submit I-751 alone with support docs.

Great job.

I-751 Response received, need additional support documents, must reply within 30 days, if nothing received within 30 days petition auto. denied.

They found your documents not sufficient, so RFE comes with a time limit. Normal.

Within 30 days, additional support docs sent.

Received Denied I-751 "failed to respond with additional support docs"

Lost in transit, normal. You have the tracking number as proof.

Lawyer contacts local office asking to re-review my case with additional support evidence, provides tracking info that my evidence arrived on time.

As of right now, local office reviewing my denied case with additional support evidence that they claimed never received.

You will be ok.

Hope this resolves any questions.

[sputnik 0]

3600rs,

I hope everything is going to be okay, it would be the best Christmas present