I-751 denied what can i do

[del-2-5-2014 1,339]

After reading this decision, everything is possible,lol. I am speechless here

http://www.justice.gov/eoir/vll/intdec/indexnet97/gumpas.pdf

This is an example of why I tell folks not to give up until they are inside the plane with USCIS at the door waiting for it to close.

The only thing this OP needs to worry about is affording a top flight Barrister to represent him.

VJ is an excellent resource but it's not a court of law.

A little bit of an OT: http://www.bbc.co.uk/news/uk-25173797#TWEET971439 but this shows a Nigerian that was actually deported, but his flight was not allowed to land in Lagos and was flown back to London.

[Karmalicious 60]

After reading this decision, everything is possible,lol. I am speechless here

http://www.justice.gov/eoir/vll/intdec/indexnet97/gumpas.pdf

Unbelievable. It definitely appears it does not pay to follow the immigration laws of this country. Its all of this fraud, and the acceptance of this fraud that makes us have to spend our lives apart from our loved ones today. Its getting incredibly hard for the good guys to stay good.

[JayJayH 546]

Just a few pointers here..

An I-751 waiver can be successful with an annulment. The I-751 form, part 1d states "I or my parent entered the marriage in good faith, but the marriage was terminated due to divorce or annulment".

While an annulment does mean that the marriage never actually existed legally, it does not necessarily mean that the applicant didn't "enter the marriage in good faith" as the facts were when the annulled marriage was entered into. The problem here is what he actually signed weighed up against what evidence he could present.

As far as speculation regarding an annulment canceling an affidavit of support - it does not. An affidavit of support has nothing to do with the actual marriage and everything to do with bringing an immigrant to the United States. So even if the actual marriage never existed, the petitioner still brought an immigrant to the US.

OP: You signed a legal document. That document, which you signed, stated that you left your wife before your interview. While you could have argued that it was still a marriage (there is no requirement of a happy marriage! just a bona fide marriage), legally, no valid marriage existed when you received your green card. In addition, I do suspect that this paper that you signed did contain some sort of admission of guilt in one way or another.

For an I-751 divorce waiver to be approved, you have to prove that the marriage was entered into in good faith. The marriage would also have had to be valid at the time you received your green card. To overcome the paper that you signed, you would basically have to prove that you had no idea what you signed, and in addition, I suspect that your I-751 evidence package itself would have be rock solid. The fact that you could not even produce pictures of the two of you together leads me to believe that the USCIS adjudicator here had no choice but to deny your case.

In addition - in waiver cases, the USCIS has more discretion in whether to approve or deny I-751 petitions. I don't know what you did jail time for, but if it was a misdemeanor, it likely played a part. If it was a felony, it absolutely positively played a part.

Speak to a very good immigration lawyer about an appeal. Do it now, and you may have a shot at staying in the US.

http://www.justice.gov/eoir/vll/intdec/indexnet97/gumpas.pdf

Thank you for posting this sandranj.

I actually agree with the BIA in this case. It is unclear why the beneficiary wasn't denied for lying on her non-immigrant visa application, and I do believe that action should have been taken on the petitioner's citizenship. But no one ever actually revoked his citizenship. So, the case as presented to the BIA:

1. No action was taken on revoking the petitioner's citizenship. He was still a citizen of the United States.

2. His first marriage was annulled, thus it never legally existed when his second marriage was entered into. No bigamy.

3. The current marriage was bona fide. It was not entered into solely for immigration purposes.

Thus: (1) A US citizen, (2) legally married to his Filipino wife, petitioned for her to live with him in the US. (3) The marriage was bona fide, and the petition was thus approved.

Is it a just decision by the BIA? Probably not, as the BIA actually mentions that the ruling "likely furthers the petitioner's decade long plan.." But it does make me proud to be a part of this country, where the rule of law is put before "common sense."

Edited December 12, 2013 by Yang-Ja

[AnotherLostSoul 167]

I think the OP has left the board...

[sunnyp 0]

What was the criminal charge

Felony

Misdemeanor

What crime was

it was criminal. it was was kidnapping. which i dint do it by the way i was just giving some people a ride home and they started fighting in my car. and i got kidnapping charges and then later on they were dropped to 3rd degree criminal restrain. and i was sentenced for 1 year but i only served 3 months

[sunnyp 0]

Wait, who went to the interview?? You or your attorney. I mean it must have been you. What did they say to you?

the guy who was interviewing told me that the case is weak. but i will still ask questions. and he asked me questions like why did you move to her house. and why dont you have pic.

[sunnyp 0]

i did not leave her 3 months after our marriage she is lying. because 9 months after the marriage she came with me to give the interview. and we answered question that only my wife would know. and we got divorce after 2 and a half years our marriage. and why did she wait that long for the divorce. if i left her after the marriage.

What was the criminal charge
Felony
Misdemeanor
What crime was it

its was 3rd degree criminal restrain

[belinda63 3,022]

Sounds like a felony but I can't say for sure as I don't know the state. Suggest you pack your bags.

What matters is not what you say but what you can prove. You signed a paper saying you moved out of the marital house three months after the marriage. You have a felony conviction. You have no proof of a bonefide marriage. Your green card expired years ago.

What does your attorney say?

[del-2-5-2014 1,339]

Looks like a felony in most states that I've searched this morning.

You Sir are not a man of luck.

[David & Diana R 1,005]

What was the criminal charge

Felony

Misdemeanor

What crime was

it was criminal. it was was kidnapping. which i dint do it by the way i was just giving some people a ride home and they started fighting in my car. and i got kidnapping charges and then later on they were dropped to 3rd degree criminal restrain. and i was sentenced for 1 year but i only served 3 months

Yeah, 99% of all prisoners are innocent... If I were you I'd pack my bags and get the heck out of the country before the law catches up with you again. It's only a matter of time before you will be falsley accused of another felony.

Edited December 12, 2013 by David & Zoila

[JayJayH 546]

OP: was this criminal restrain against your wife?

I am not sure if 3rd degree criminal restrain is a deportable offense or not. If it is, you're done. If it is not, and let's assume it's not..

The other main problem with this conviction (other than being a conviction), is that it puts your moral character in question with the USCIS - thus your credibility. Once your credibility is shot, the burden of proof becomes very heavy. Not being able to provide a simple, basic thing like pictures is not a good thing for any case.

However, your case is different. In your case, an annulment exists, signed by you. In this paper, you agreed to terminate the marriage through annulment, and you also agreed (by signing) that you moved out after three months. As I previously said, I suspect that this paper contained a lot more damaging information as well. What do your annulment papers say? You have a right to see those.

Because of this, not only is your credibility low, but your burden of proof is higher than usual. What kind of evidence did you actually submit, and bring with you to the interview? You can talk to you lawyer about appealing, but this will not be an easy case for you - if even possible at all. You will at the very least have to prove that you either had no idea what you signed, or that you were blackmailed, or signed it through extortion. Further, you will have to provide credible evidence to show that the marriage was bona fide and entered into in good faith. Then, you will just have to hope that your criminal conviction is not on any list of deportable offenses.

I do try to assume that every poster on this forum has good intentions, and I always try to assume that every marriage posted about on here was bona fide. If yours was, and you and your wife both entered into it in good faith, and you did in fact live together more than three months, then It sounds to me like your wife wanted to get out of the I-864 affidavit of support. So she hired a lawyer to help her. You gave her all the ammunition she needed by signing the paper.

Edited December 12, 2013 by Yang-Ja

[JohnR! 5,495]

After reading this decision, everything is possible,lol. I am speechless here

http://www.justice.gov/eoir/vll/intdec/indexnet97/gumpas.pdf

Thank you for posting this. I would not have believed it had I not read it myself... #######?!

[JayJayH 546]

Thank you for posting this. I would not have believed it had I not read it myself... #######?!

It actually makes perfect sense when viewed from BIA's point of view..

- The petitioner is a US citizen. (It was never revoked by the INS)

- The marriage is legal by US federal law. (first marriage was annulled, no bigamy)

- The marriage in question is bona fide. (By his own admission, it was part of his long term plan)

Thus, as presented to the BIA, a petitionable family relationship exists.

Edited December 12, 2013 by Yang-Ja