Case Denied

[Junction 0]

Do you know when he received his first GC? Divorced or not the actual relationship with his wife fell apart too fast and thats what immigration cares for. Talk to a GOOD lawyer. This case may have more complications if you marry and try to adjust together since he came on K1 and can only file for immigration benefits with the original petitioner. God bless.

Thank you. Just to clarify, He got his conditional greencard shortly before we met. He and his wife went to the interview. She put him out right after that.

[Canadiandggal 49]

Thank you. Just to clarify, He got his conditional greencard shortly before we met. He and his wife went to the interview. She put him out right after that.

I have no experience but i feel the need to tell you to hang in there.

It is very much possible that the OP thought you two were together before the seperation between his wife and him. That could

make a op feel odd about your relationship and deny you.

I do feel sorry for him and wish that there was something I could say to help. I mean having proof of the abuse should have

been enough at least I feel it would have been enough but They were seperated quite quickly.\

I wish you luck

[tanyaru 3]

Thank you. Just to clarify, He got his conditional greencard shortly before we met. He and his wife went to the interview. She put him out right after that.

I feel like you need to concentrate on collecting evidence of the fact that he got thrown out of the house BEFORE you met. Although I am not an expert but this sounds like a WAWA case to me, but I am not sure if he can still file another I-751 WAWA style after first I-751 denial. The other important thing right now though is keeping an eye on his legal status. Since he has been denied he has probably received a letter of removal proceedings. Just keep in mind that if he can't get his 10 yr GS this way then he will have to leave the country and you will have to start the process all over again (K1, K3 or CR-1) because he originally came on K1 and his legal presense in the USA may be vital for that to come through.

[Okalian 41]

I would like to point out one thing; When it comes to USCIS denying a petition, they ALWAYS keep in mind the fact that the petitioner may try to appeal the decision or file MTR (Motion to Reopen). In either cases, USCIS have the burden of evidence to prove and show why they're justified at denying the petition. And unless there're police reports or any form of indisputable evidence that proves abuse, then USCIS won't believe the petitioner and will accuse him of using the "abuse excuse". So believe me, whenever they deny someone, they likely know darn well they'll win the case infront of an immigration judge, unless new evidence is provided by the petitioner/beneficiary.

Please keep in mind that filing a waiver means you have to provide evidence of a bonafide marriage PLUS another form of evidence that justifies the category.

For example:

I-751 waiver based on Divorce: Evidence of marriage entered in good faith PLUS a divorce decree or complaint

And this can be filed simply with the divorce complaint, should the divorce doesnt finalize prior to conditional GC expiration.

I-751 waiver based on battery/extreme cruelty: Evidence of marriage entered in good faith PLUS proof of battery

Legitimate proof of abuse primarily should involve police reports, psychological or medical evaluation, etc.

I-751 waiver based on extreme hardship to return home: Evidence of marriage entered in good faith PLUS proof of hardship

So far I've never seen a case when this waiver was approved. Unless your country suffers from a nuclear attack or Justin Beibers walking around everywhere, this should be your last option.

Please keep in mind that in case of a divorce, in most cases USCIS doesn't give a lick how the marriage ended, as long as there's enough proof that the marriage was entered in good faith, which is the evidence he needs to provide for ANY type of I-751 waiver.

My advice: He needs to file for divorce immediately (he should anyway) and use the divorce complaint to file a new I-751 waiver based on DIVORCE. He made the wrong call initially and (i assume) he didn't ask a lawyer before filing the battery waiver. Simply consulting (or hiring, if necessary) the attorney will back up whatever decision he needs. He may have the option to file MTR and change the category on the existing, although denied, I-751 from battery/extreme cruelty to Divorce instead of filing a new one.

Are you a US citizen? If you are, and you're thinking about sponsoring him, your sponsorship won't help his current petition/stuation at all. He needs to file for a divorce first and then draw the plan from there.

Edited February 6, 2011 by Okalian

[Junction 0]

Thanks so much for the info. We spoke to a lawyer today and plan to sumbit another 751.

[Jupiter07 12]

Thanks so much for the info. We spoke to a lawyer today and plan to sumbit another 751.

When 751 is denied, do you submit another 751????

[TracyTN 237]

He is not divorced from her yet. He was afraid to file for divorce since you can't be in proceedings when you file the I-751. Papers have been drawn up and lawyer is mailing them to her on Tuesday. I think she will sign. Takes 31 days from the date of her signature to receive final decree. We would marry then. The abuse waiver didn't seem like it would be difficult, because it is the truth and he provided proof. Apparently he was not abused enough.

Thank you.

You can, in fact, file the I 751 when the divorce is pending. USCIS will then issue an RFE for the final divorce documents, and give the person 87 days in which to respond. In 99% of cases, this would be enough time for you to have the final papers in hand. I would have gone that route before I went down the abuse route (particularly if you had enough evidence that the two of them had an otherwise legitimate marriage), but what's done is done.

I think you also muddied the waters by injecting yourself into the case and going to the interview (which it sounds like you did). You had nothing to do with their divorce, but you certainly put the question in the officer's mind by being there. The only way I would have shown my face is if I had married him - and even at that, I would have still consulted with an attorney before doing so. But again - what's done is done.

I'm curious how this attorney thinks a new I 751 is the right course of action. Is there a new basis on which to file the new I 751 (meaning new evidence to further prove the abuse claim)?

[Junction 0]

The attorney suggests he refile based on the good faith marriage and the extreme cruelty waivers and submit addl evidence (which he now has) and the divorce decree (which he should have soon).

[TracyTN 237]

Be sure to let us know how it goes. I'm not sure how, if they believe he was cheating on his wife with you, a new filing will overcome that but I guess stranger things have happened.