Denied I-751. What now?

[J&B1029 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?

[/quote Thank you for all the info. Yes, I realized I dragged my feet a little. I didn't submit pictures because it wasn't stated to do so. I guess I was taken aback by the fact they needed additional info because we did submit the birth certificate and taxes that we filed together. Excuses? Well my original deadline was Jan. 2nd. My wife was in DR til the 29th, there was also a weekend in those few days and I didn't realize a few days made that much of a difference(I KNOW NOW). I didn't need the extra chastisement as I take full responsibilty for anything and everything i do. Anyway, no hard feelings. I was just hoping that maybe someone else had possibly been through this experience. I will contact a immigration lawyer and let you all know what happens. Again, thank you to everyone who has commented.

[diadromous mermaid 36]

"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.

[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).

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?

Well we'll have to agree to disagree. The new guy who needed help has been chastized and has now not come back for the help he really needed. Diaddy has asked a great quesion, but he's probably too scared to come back to ask for help. There is also a difference in letting him know it was his fault and what some people have done here - but again - we can agree to disagree.

But they are seeking something - and you cannot TELL me that some immigrants who get pregnant aren't seeking benefits. You are VERY naive if you think that.

In terms of validity of a relationship - look at it from a USCIS standpoint - having sex once, easy...comingling finances, living together, making it day-to-day, harder. Just think about it from a different standpoint. It's easy to meet once a month to have sex to try to get pregnant - whether you're in a relationship or not - no relationship necessary.

I know this point has been argued 100 times, so I'll leave it alone now! I hope the the OP will come back to get the help he needed.

[russian_armenian 4]

I am impresed. So, now in modern times-"having a sex once and making a child" is easier than live day-by-day and co-minggle finances? If there is not relationship, than having a sex a big problem for a lot of people. I guess, I would have to be knoked senseless with vodka to do it. And decision to keep pregnancy just for GC sake-Gosh, I would say that is a commitment. It is crazy. Normal, reasonable person will find other ways to prove bona fide than making a child in a marriage which is for GC only.

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?

Well we'll have to agree to disagree. The new guy who needed help has been chastized and has now not come back for the help he really needed. Diaddy has asked a great quesion, but he's probably too scared to come back to ask for help. There is also a difference in letting him know it was his fault and what some people have done here - but again - we can agree to disagree.

But they are seeking something - and you cannot TELL me that some immigrants who get pregnant aren't seeking benefits. You are VERY naive if you think that.

In terms of validity of a relationship - look at it from a USCIS standpoint - having sex once, easy...comingling finances, living together, making it day-to-day, harder. Just think about it from a different standpoint. It's easy to meet once a month to have sex to try to get pregnant - whether you're in a relationship or not - no relationship necessary.

I know this point has been argued 100 times, so I'll leave it alone now! I hope the the OP will come back to get the help he needed.

[Staashi 371]

I am impresed. So, now in modern times-"having a sex once and making a child" is easier than live day-by-day and co-minggle finances? If there is not relationship, than having a sex a big problem for a lot of people. I guess, I would have to be knoked senseless with vodka to do it. And decision to keep pregnancy just for GC sake-Gosh, I would say that is a commitment. It is crazy. Normal, reasonable person will find other ways to prove bona fide than making a child in a marriage which is for GC only.

Don't be so surprised - I have met quite a few women from various countries that got pregnant early in their marriages so that they could prove valid marriage and ensure their chances of remaining in the US. One of my closest friend's foreign wife on their wedding day, was told by her sister to get pregnant quick so that she could stay in the US even if the marriage didn't work out. I sat there with my jaw on the floor when she said that. I thought to myself..."did I just witness marriage fraud?" Three years later and they haven't had any kids yet, but it was the principle of someone implying that you should do this so you could stay. Things that make you go hmmm.

I must say though, this flies in the face of everyone stating that you won't get an RFE for failing to prove a valid marriage if you submit a birth certificate.

[russian_armenian 4]

I thought that I have seen some ugly and uglier...But to "make" a child to increase chances for GC, is what my brain would never grasp. Are they so desperate...Because (apart from GC issue) it is a long commitment (18 years by law, right; lifetime otherwise). I am very liberal, but not for this.

I am impresed. So, now in modern times-"having a sex once and making a child" is easier than live day-by-day and co-minggle finances? If there is not relationship, than having a sex a big problem for a lot of people. I guess, I would have to be knoked senseless with vodka to do it. And decision to keep pregnancy just for GC sake-Gosh, I would say that is a commitment. It is crazy. Normal, reasonable person will find other ways to prove bona fide than making a child in a marriage which is for GC only.

Don't be so surprised - I have met quite a few women from various countries that got pregnant early in their marriages so that they could prove valid marriage and ensure their chances of remaining in the US. One of my closest friend's foreign wife on their wedding day, was told by her sister to get pregnant quick so that she could stay in the US even if the marriage didn't work out. I sat there with my jaw on the floor when she said that. I thought to myself..."did I just witness marriage fraud?" Three years later and they haven't had any kids yet, but it was the principle of someone implying that you should do this so you could stay. Things that make you go hmmm.

I must say though, this flies in the face of everyone stating that you won't get an RFE for failing to prove a valid marriage if you submit a birth certificate.

[Staashi 371]

I thought that I have seen some ugly and uglier...But to "make" a child to increase chances for GC, is what my brain would never grasp. Are they so desperate...Because (apart from GC issue) it is a long commitment (18 years by law, right; lifetime otherwise). I am very liberal, but not for this.

I am impresed. So, now in modern times-"having a sex once and making a child" is easier than live day-by-day and co-minggle finances? If there is not relationship, than having a sex a big problem for a lot of people. I guess, I would have to be knoked senseless with vodka to do it. And decision to keep pregnancy just for GC sake-Gosh, I would say that is a commitment. It is crazy. Normal, reasonable person will find other ways to prove bona fide than making a child in a marriage which is for GC only.

Don't be so surprised - I have met quite a few women from various countries that got pregnant early in their marriages so that they could prove valid marriage and ensure their chances of remaining in the US. One of my closest friend's foreign wife on their wedding day, was told by her sister to get pregnant quick so that she could stay in the US even if the marriage didn't work out. I sat there with my jaw on the floor when she said that. I thought to myself..."did I just witness marriage fraud?" Three years later and they haven't had any kids yet, but it was the principle of someone implying that you should do this so you could stay. Things that make you go hmmm.

I must say though, this flies in the face of everyone stating that you won't get an RFE for failing to prove a valid marriage if you submit a birth certificate.

People have done and continue to do crazy-a$$ things...having kids for all sorts of reasons is one of them. Many people don't look at the long-term perspective.

[DianaP 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 am sorry you are going through the same thing I went through.... and even more sorry I only read your post today... But if you check my timeline the worse happened to me because I was misinformed... so if I be of any help to you here is my best advice refile the I-751 include with it 3 affidavits of third parties having their names, address, date and place of birth how they know you and your wife and their testimonial that the marriage is in bona fide, also send a copy of the child in common birth certificate, send copies of health, car, house insurance and whatever else you have that shows both of your names on it please be aware that they do not like to see only recent records they prefer to have records from the time you two met to the latest which is todays... also send them a letter from the US citizen spouse ( which will be notarized as all the affidavits) explaining how you met, dated and married your wife, the same ask her to do it....

Here is the situation while you have an I-751 pending the alien is considered to be lawfully in the US... If you do not do that not only she will automatically go to removal proceedings as I did but she will start accruing unlawful presence from the day of the denial of the I-751 since the cause of denial was a late compliance to a request made by USCIS... This is a very bad scnerario because it can not only play against you both in deportation proceedings but even if she chooses voluntary departure to avoid deportation she would have acquired unlawful presence and therefore would be barred from reentering the country from 3 years ( if her unlawful stay which again it will start counting at the day of the denial letter, is more then 180 days and less then a year ) or 10 years ( if her unlawful stay is over 1 year)....

Now if you have a I-751 pending removal proceedings will continue but she will not accrue unlawful presence then in your hearing that you can call witnesses and bring all the documentation possible that the marriage is in bona fide... hopefully with that the judge grants the approval of the new I-751 ( since the judge will not have the juristication to overwrite the previous deision that is why you will also need a new petition pending)... if she is not favorable then she will grant the alien voluntary leave ( counting that the alien has a clean record) and you will then be able to get her back wuickly through refiling the I-130 and then an I-129F (K3 spousal visa)... which it is definetly not what we want see it happening ... but not the worse case ...

The worse case is for you to simply wait for removal proceedings, and the clock is tickinng each day that passes by works against you.

Be very serious about this and very carefull, a lost my whole life after being there for 12 years and we also have a son together, because we followed wrong advices from inexpirenced attorneys once our I-751 was denied....

Please contact me at anytime if I can assist you with the details foward....

Good luck and god bless

[tom&tata 2]

I thought that I have seen some ugly and uglier...But to "make" a child to increase chances for GC, is what my brain would never grasp. Are they so desperate...Because (apart from GC issue) it is a long commitment (18 years by law, right; lifetime otherwise). I am very liberal, but not for this.

I am impresed. So, now in modern times-"having a sex once and making a child" is easier than live day-by-day and co-minggle finances? If there is not relationship, than having a sex a big problem for a lot of people. I guess, I would have to be knoked senseless with vodka to do it. And decision to keep pregnancy just for GC sake-Gosh, I would say that is a commitment. It is crazy. Normal, reasonable person will find other ways to prove bona fide than making a child in a marriage which is for GC only.

Don't be so surprised - I have met quite a few women from various countries that got pregnant early in their marriages so that they could prove valid marriage and ensure their chances of remaining in the US. One of my closest friend's foreign wife on their wedding day, was told by her sister to get pregnant quick so that she could stay in the US even if the marriage didn't work out. I sat there with my jaw on the floor when she said that. I thought to myself..."did I just witness marriage fraud?" Three years later and they haven't had any kids yet, but it was the principle of someone implying that you should do this so you could stay. Things that make you go hmmm.

I must say though, this flies in the face of everyone stating that you won't get an RFE for failing to prove a valid marriage if you submit a birth certificate.

People have done and continue to do crazy-a$$ things...having kids for all sorts of reasons is one of them. Many people don't look at the long-term perspective.

I agree. There are people who got married just so they can move to/live in US. There are people who have kids because they thought it would save their marriage/relationship. It's all for the wrong reason but it does not stop some people to do crazy things.

To OP: I hope you sorted things out. Good luck!