Denied I-751. What now?

[J&B1029 0]

Hi, I'm new to the group and have a serious situation. My wife and I are happily married. We sent in information to remove conditional residency. It was not enough so they requested more. We sent in more but it was 6 days late. We were denied because we did not respond in the "allowable period". They stated we can appeal/motion by within 30 days with a filing FEE OF $585! We don't have that kind of money laying around. We went to our local immigration office in Newark NJ. They took my wife expired permenant residence card. They said we could start the process all over(refile the751) but I'm unsure. Also, I was reading after you get denied they start the deportation process. WE HAVE A SON WE ARE LEGIT THIS IS BULL! Can the group please give me some advice. I'm afraid that I may lose my wife to the powers that be. Or be force to move to D.R. with her and my son(us citizen). I don't want to waste money on refiling if they are going to reject me because we filed already once. Anyone have experience with this?

[yogib37 3]

Hi, I'm new to the group and have a serious situation. My wife and I are happily married. We sent in information to remove conditional residency. It was not enough so they requested more. We sent in more but it was 6 days late. We were denied because we did not respond in the "allowable period". They stated we can appeal/motion by within 30 days with a filing FEE OF $585! We don't have that kind of money laying around. We went to our local immigration office in Newark NJ. They took my wife expired permenant residence card. They said we could start the process all over(refile the751) but I'm unsure. Also, I was reading after you get denied they start the deportation process. WE HAVE A SON WE ARE LEGIT THIS IS BULL! Can the group please give me some advice. I'm afraid that I may lose my wife to the powers that be. Or be force to move to D.R. with her and my son(us citizen). I don't want to waste money on refiling if they are going to reject me because we filed already once. Anyone have experience with this?

Seek out a very good imagration Lawyer. That is best I could give you. this is when you need to have a lawyer.

Yogi

[mybackpages 0]

If it were me i would definately want to appeal the decision in this 30 day window they gave you which is before the deportation process begins. These deadlines (for RFEs, for everything) should be taken seriously. If it was as simple as an error of being outside the timelines in submitting the documents and all other factors are acceptable for approval, then it should be an appeal in your favor.

And I agree if there is a time to seek out a good immigration attorney, this is it.

Edited June 21, 2008 by mybackpages

[luv2uallday 1]

Hi, I'm new to the group and have a serious situation. My wife and I are happily married. We sent in information to remove conditional residency. It was not enough so they requested more. We sent in more but it was 6 days late. We were denied because we did not respond in the "allowable period". They stated we can appeal/motion by within 30 days with a filing FEE OF $585! We don't have that kind of money laying around. We went to our local immigration office in Newark NJ. They took my wife expired permenant residence card. They said we could start the process all over(refile the751) but I'm unsure. Also, I was reading after you get denied they start the deportation process. WE HAVE A SON WE ARE LEGIT THIS IS BULL! Can the group please give me some advice. I'm afraid that I may lose my wife to the powers that be. Or be force to move to D.R. with her and my son(us citizen). I don't want to waste money on refiling if they are going to reject me because we filed already once. Anyone have experience with this?

well first of all i'm sorry to hear about your situation. My condolences... But in all fairness you have only yourself to blame.... It was your fault for not gettting them the necessary docs in time... I do believe they give you ample time to get it in.... Secondly, if you are really poor you can file for a fee waiver on your second petition with USCIS and get it done for free. But if you just don't have the money then borrow it from somewhere sell something... Do whatever it takes to take care of your family..... Your only option just may be wasting money and refiling the I-751 so you don't end up throwing your wife into deporation hearings... its $585 dollars true but if it was me I wouldn't hesitate doing it again for her...... Thats your only choice....

Your first was denied due to lack of supporting evidence to prove a bonafide marriage..... Now with the extra paperwork that didn't make it in the second time you have a good chance to get a aproval... Good luck, and take action on this asap cause USCIS will not wait forever for you to refile your case..... It will be much harder and more expensive for you when they start deportation hearings...... So stay on top of this and get the refile in asap.. Also, re-evaluate your evidence and look for addtional docs pics etc that will prove a bonafide marriage the more evidence helps.... I wish you the very best of luck... P.S. I know this is very frustrating for you, but take the punches as they come. It will be over and your family will be ok.....

[russian_armenian 4]

Since you have a child, you have a good chance to get approved. I would file a motion to re-open the case. You dont need to re-file I-751, just need to reopen the old I-751, so CIS will process it again. I guess ti will be chaeper than to go to appeal proceding because for those you will need a good lawyer and you will be in removal if you dont do anything now. Dont pay rent this month but pay the fee. I dont know procedures/requerement for fee waiver. But what if the waiver is denied? Your wife will go into removal. I dont think that any of us-nonprofessionals-can handle removal proceding without a lawyer. You will need more money. All the best to you. Write again to this forum, some people might know more about removal/appeal.

Hi, I'm new to the group and have a serious situation. My wife and I are happily married. We sent in information to remove conditional residency. It was not enough so they requested more. We sent in more but it was 6 days late. We were denied because we did not respond in the "allowable period". They stated we can appeal/motion by within 30 days with a filing FEE OF $585! We don't have that kind of money laying around. We went to our local immigration office in Newark NJ. They took my wife expired permenant residence card. They said we could start the process all over(refile the751) but I'm unsure. Also, I was reading after you get denied they start the deportation process. WE HAVE A SON WE ARE LEGIT THIS IS BULL! Can the group please give me some advice. I'm afraid that I may lose my wife to the powers that be. Or be force to move to D.R. with her and my son(us citizen). I don't want to waste money on refiling if they are going to reject me because we filed already once. Anyone have experience with this?

[wifey246 0]

I'm so sorry about your predicament. I wish you the best of luck. It's just surprising that you were issued an RFE even if you have a child together. I also believe that you shouldn't hesitate about the fees, although I get your point that it's not so much about the money, but you wanted to make sure that you can really re-file.

This forum exists so members can help each other, and also so that members can learn from other members' experiences.

I hope you don't mind telling us what additional evidences did they ask for? What did you submit initially? When did you submit the first application? Are you now still in the 90-day period?

[guzzyron 0]

Hi, I'm new to the group and have a serious situation. My wife and I are happily married. We sent in information to remove conditional residency. It was not enough so they requested more. We sent in more but it was 6 days late. We were denied because we did not respond in the "allowable period". They stated we can appeal/motion by within 30 days with a filing FEE OF $585! We don't have that kind of money laying around. We went to our local immigration office in Newark NJ. They took my wife expired permenant residence card. They said we could start the process all over(refile the751) but I'm unsure. Also, I was reading after you get denied they start the deportation process. WE HAVE A SON WE ARE LEGIT THIS IS BULL! Can the group please give me some advice. I'm afraid that I may lose my wife to the powers that be. Or be force to move to D.R. with her and my son(us citizen). I don't want to waste money on refiling if they are going to reject me because we filed already once. Anyone have experience with this?

I'm so sorry to hear about your situation but by filing late, you share a huge chunk of the blame. Contrary to majority opinion here, I don't think you need a lawyer at this point because the ONLY stated reason why your case was denied was because YOU IGNORED A CRUCIAL DEADLINE. Besides, if you can't afford the $585 to reopen, how can you afford the services of a lawyer when their charges are usually in the thousands?

You situation is definitely not hopeless. And I strongly believe this case is something you can still handle yourself if you follow instructions and keep to deadlines. File a motion to reopen ASAP and DO ANYTHING TO GET THE FEE - borrow from a friend or the bank, get cash from a credit card, pawn a valuable - you get the idea. If you don't, the USCIS will not waste time separating your family and the sad thing is they won't lose any sleep over it.

This is a serious issue and you can't be non-chalant about it. Prepare a STRONGER case to prove the validity of your marriage. Provide overwhelming evidence that you're in a legitimate marriage. Start collecting evidence which should include (but not limited to) joint income tax statements, affidavits attesting to your r/ship from friends and family, your son's birth certificate, signed leases (or mortgages) to your residence, copies of your drivers licenses showing same address, joint bank and credit statements, auto and life insurances...etc etc.

Approval for I-751 applications is one of the highest of all applications - these are usually not denied except there is a strong suspicion and evidence of sham marriages, some sort of fraud or, as in your case, failure to follow instructions.

In summary:

1. Find the money by all means

2. File a motion to reopen

3. Present a very strong case with strong supporting evidence

4. Don't ignore deadlines

[guzzyron 0]

It's just surprising that you were issued an RFE even if you have a child together.

But having a child together doesn't help much for instance if a copy of the child's birth certificate was not submitted with the application OR if the child was born after the application was already submitted (and no attempts were made to update the file) OR if the "child evidence" was ignored by the adjudicating officer because they were submitted late.

Edited June 22, 2008 by guzzyron

[CarolineM 0]

1. I think that comments issuing blame to the poster are unnecessary. I am sure he is aware that he should have filed on time - he's not looking for judgement or reprimands, just help.

2. Having a child does NOT prove a valid relationship. Anyone can have a child (Just look at the 17 girls in MASS who all got pregnant by whomever would do it - one by a homeless man).

3. My advice?? Consult an immigration attorney.

Good luck!!

[diadromous mermaid 36]

Hi, I'm new to the group and have a serious situation. My wife and I are happily married. We sent in information to remove conditional residency. It was not enough so they requested more. We sent in more but it was 6 days late. We were denied because we did not respond in the "allowable period". They stated we can appeal/motion by within 30 days with a filing FEE OF $585! We don't have that kind of money laying around. We went to our local immigration office in Newark NJ. They took my wife expired permenant residence card. They said we could start the process all over(refile the751) but I'm unsure. Also, I was reading after you get denied they start the deportation process. WE HAVE A SON WE ARE LEGIT THIS IS BULL! Can the group please give me some advice. I'm afraid that I may lose my wife to the powers that be. Or be force to move to D.R. with her and my son(us citizen). I don't want to waste money on refiling if they are going to reject me because we filed already once. Anyone have experience with this?

"Who" sent the notice of denial? If it is the local district office, make an InfoPass appointment immediately, and see if the local office will re-open the file on their own motion (oftentimes this would be done without a fee). If not then your options are to file an MTR with a form I-290B or to refile the I-751 again, but if you have any questions at all, then consult an immigration attorney at once.

[Muergana 0]

I think at this point you should be 1 - looking and talking to a good lawyer and 2 - seeking out funds to file your motion or refile I 751 if it falls in line with what a good attorney tells you to do.

Consulting a lawyer also costs money, as will any application or motion you file, but if this turns out to be what you need to do then there is now way around it. Even if you end up just starting the process all over again and refile the I751 that will cost $$ too!

Looks like you will unfortunately be having to dish out cash some way or another so if you really don't have it then start looking for funds ASAP but one thing is for sure - don't miss the deadline on your next step, and find out what the next step will be ASAP!

Hi, I'm new to the group and have a serious situation. My wife and I are happily married. We sent in information to remove conditional residency. It was not enough so they requested more. We sent in more but it was 6 days late. We were denied because we did not respond in the "allowable period". They stated we can appeal/motion by within 30 days with a filing FEE OF $585! We don't have that kind of money laying around. We went to our local immigration office in Newark NJ. They took my wife expired permenant residence card. They said we could start the process all over(refile the751) but I'm unsure. Also, I was reading after you get denied they start the deportation process. WE HAVE A SON WE ARE LEGIT THIS IS BULL! Can the group please give me some advice. I'm afraid that I may lose my wife to the powers that be. Or be force to move to D.R. with her and my son(us citizen). I don't want to waste money on refiling if they are going to reject me because we filed already once. Anyone have experience with this?

[guzzyron 0]

1. I think that comments issuing blame to the poster are unnecessary. I am sure he is aware that he should have filed on time - he's not looking for judgement or reprimands, just help.

2. Having a child does NOT prove a valid relationship. Anyone can have a child (Just look at the 17 girls in MASS who all got pregnant by whomever would do it - one by a homeless man).

1. You cannot be too sure "he is aware that he should have filed on time" when he didn't. Helping people to see what they have done wrong is certainly NOT equivalent to passing "judgment or reprimands". Don't confuse the two. And most people have offered very useful help, sympathy, tips and advice...they don't deserve your blame for doing so.

2. Having a child together is perhaps the STRONGEST evidence of a valid relationship. If anything, it proves that the marriage was consummated. And if a marriage contract that was entered into legally AND consummated does "NOT prove a valid relationship", then I don't know how it's possible to prove a "valid relationship". And with (a) child(ren) involved in a perfectly legal marriage, it'd be very hard for any immigration officer to demonstrate before a judge that a relationship does NOT exist.

And I don't think the MASS girls is an appropriate analogy because first of all, we are talking about teenagers here. Good judgment and a sound understanding of actions and consequences is not definitely not their strong point. Secondly, these kids appear to be seeking attention, not immigraiton benefits. And thirdly, as far as I know, NONE of them was married, was there?

[Cassie 8]

1. I think that comments issuing blame to the poster are unnecessary. I am sure he is aware that he should have filed on time - he's not looking for judgement or reprimands, just help.

2. Having a child does NOT prove a valid relationship. Anyone can have a child (Just look at the 17 girls in MASS who all got pregnant by whomever would do it - one by a homeless man).

1. You cannot be too sure "he is aware that he should have filed on time" when he didn't. Helping people to see what they have done wrong is certainly NOT equivalent to passing "judgment or reprimands". Don't confuse the two. And most people have offered very useful help, sympathy, tips and advice...they don't deserve your blame for doing so.

2. Having a child together is perhaps the STRONGEST evidence of a valid relationship. If anything, it proves that the marriage was consummated. And if a marriage contract that was entered into legally AND consummated does "NOT prove a valid relationship", then I don't know how it's possible to prove a "valid relationship". And with (a) child(ren) involved in a perfectly legal marriage, it'd be very hard for any immigration officer to demonstrate before a judge that a relationship does NOT exist.

And I don't think the MASS girls is an appropriate analogy because first of all, we are talking about teenagers here. Good judgment and a sound understanding of actions and consequences is not definitely not their strong point. Secondly, these kids appear to be seeking attention, not immigraiton benefits. And thirdly, as far as I know, NONE of them was married, was there?

Since we have already had a very heated discussion about this very thing in the past in this forum, I will say that I disagree and leave it at that.

[Jenn! 918]

You cannot be too sure "he is aware that he should have filed on time" when he didn't.

Really? He says that the reason why it was denied was that they responded late, so I think he knows.

Edited June 23, 2008 by Jenn!

[wifey246 0]

The OP seem awfully quiet now, after being chastised a few times.

Although some of us are trying to help the OP, we do not have important information to be of much help.

Attn OP:

What evidences did you submit initially? Did you include your child's birth certificate?

Are you now still within the 90-day period?

Are there any specific evidence listed in your RFE?