My I-751 was denied

[Kathryn41 3,205]

I am so sorry to hear this and hope you will be able to get it sorted out. What comes to mind is I wonder as well if they sent you an RFE that you never received and when you didn't respond then they denied the application. If that is the situation you may be able to get them to re-open the file. Definitely contact your Senator's office and ask for their assistance once you find out the reason. Good luck.

[diadromous mermaid 36]

The bolded items demonstrate shared financial obligations, but not necessarily that the alien continues to share a common residence.

If this is the extent of your evidence, I don't see much that demonstrates that the couple resided together. Have you moved since you filed for AOS? I am curious why you would not have received an RFE, if the reason for denial is a lack of sufficient evidence.

I filed for my I-751 on 02/15/08 jointly with my husband, we are still happily married. I sent my Mortgage, life insurance, health insurance, my 401k, taxes 2005, 2006, 2 letters from friends and my sister in law, house taxes, bank account statem,ents of the last 2 moths. I did not send pictures because all are in my computer and did not think they will even look at them (like last time in my interview for AOS).

The OP does not know the reason for the denial yet...so lack of evidence as the reason is only speculation. The bolded items, if they reflect both names, are demonstrative that the couple reside together (the other items can also be proof if they bear both names and the same address)...and I'm not sure what more could any petitioner offer to demonstrate co-habitation.

[antda 13]

Hi Maryces21,

Sorry to hear of your unfortunate immigration situation, and I hope that you're able to find a solution to that soon too, as you shouldn't have to be deported because of this. Based on what you said that you submitted as evidence and what you did about your case, it doesn't make any sense that they would deny you for such. Maybe the solution to this is something as simple as a USCIS error (lol..no surprise there that they have made mistakes before), that can be easliy corrected?

At this point, as others have suggested, it would be good to get your Senator and/or Representative involved in your case, to see if they can help 'fix' this problem, especially more so that it is outside the normal processing times for the VSC. As well, if you are ever confronted with in immigration court, it would be good to hire an immigration attorney to deal with such matters too.

Don't worry about going back to your country yet, as to be honest with you, I think that "things will work itself out here in the USA" before you have to resort to such! You have a right to stay here, as you have filed the paperwork honestly and have done everything legally so far. So don't give up!

Wishing you the best too, and good luck with the rest of your immigration situation!

Ant (Still waiting...)

I filed for my I-751 on 02/15/08 jointly with my husband, we are still happily married. I sent my Mortgage, life insurance, health insurance, my 401k, taxes 2005, 2006, 2 letters from friends and my sister in law, house taxes, bank account statem,ents of the last 2 moths. I did not send pictures because all are in my computer and did not think they will even look at them (like last time in my interview for AOS). I did received a biometrics letter on 03/26/08, i went and everything was ok. Because i did not received the extension letter I called 1800 and then is when they told me i have been transfered to Vermont (I did not received a actual letter), so i asked for a duplicate. I received the duplicate on April 19/08. Since then i did not hear from then, until i got woorry and my extension it was about to expire. I scheduled a INFOPASS appoinment last friday and there they told me my case was denied back in January (i have not received a letter as today) She also called Vermont from there and told me to wait, after an hour later Vermont called back and informed her that my case was in the clerical office (preparing the letter to be send) and that in the letter will explain the reason why i was denied. She did stamped my passport for another 60 days. We are desperated we do not understand why they will denied my case or why i have not received a letter or a explanation. She told me if in 30 days i do not hear from them i will have to come back.

Do anybody has heard about something like this before please advised us. We are worry. It really make me sad the idea of leave my Husband, my house, my family. My husband said he will go with me if i have to leave, but i do not think that is fair, He has a son from his previous marriage that i love like mine, and i know the kid need him too. We will have to start over again from Zero in my country, after working really hard to make this my home. I will really appreciate any advice.

She also told me that it could be something it will be resolved easy and she was really sorry that she could not tell me a reason or give me an advice or what to do.

Thank you VJ's and i really appreciate your best wishes.

[Ladylethal 12]

I'd venture a guess that you were sent an RFE that you did not receive and thus failed to resubmit evidence in the appropriate time, since you didn't receive the extension letters either.

[KPC 0]

Until you find out for sure, try and gather as much additional evidence you can in case it is needed. Were those joint accounts? Check on this site and see what others have sent. It may give you some additional information for things to gather. Good luck.

I am really sorry this has happened to you.

Like the others, I wish you the best of luck as you begin to sort this out. I wish I had the perfect advice to give, but know that you're in our thoughts.

[maryces21 0]

Hello:

I really appreciate all your best wishes. I thpugh also it could be a RFE and i asked about it but the officer told me that in her computer does not show anything like that, yes we moved after my AOS, but i changed my address on time and i have a returned receipt for that i did not received any confirmation from INS. When i went to my appoinment they asked me about my address and they said it was correct. I do not know what else to think, and this week have been awful for me, my husband, my family and friends. I know until i received the letter i will not know what to do, and this is driving me crazy, at least if i know what it is going on, we would be doing something rigth now. And the worst she told me if i do not hear from them in 30 days I will have to come back. My case shows is still pending, I hope for the best, but We will prepare for the worst. Does anyone know if I will be able to work after the 60 days, i do not think my husband will make it with the payments if I stop working. We can loose everything just for a mistake!!!!

I read here that the INS sent a letter that they will denied with out interview if they want or think marriage it is fake. (We have been together for 7 years this August, and i do not know what we will do with out each other, especially when my husband is used that i make everything for him). It is probably my fault i though because my marriage was real i did not have to send a lot of stuff, just the basics (and i even pay for my stepson health insurance), i though who will be paying health insurance for someone it is no even her son at least that she loves him so much as i do.

Anyway i will keep you psted wuith any news. Thank you

[vof 0]

I filed for my I-751 on 02/15/08 jointly with my husband, we are still happily married. I sent my Mortgage, life insurance, health insurance, my 401k, taxes 2005, 2006, 2 letters from friends and my sister in law, house taxes, bank account statem,ents of the last 2 moths. I did not send pictures because all are in my computer and did not think they will even look at them (like last time in my interview for AOS). I did received a biometrics letter on 03/26/08, i went and everything was ok. Because i did not received the extension letter I called 1800 and then is when they told me i have been transfered to Vermont (I did not received a actual letter), so i asked for a duplicate. I received the duplicate on April 19/08. Since then i did not hear from then, until i got woorry and my extension it was about to expire. I scheduled a INFOPASS appoinment last friday and there they told me my case was denied back in January (i have not received a letter as today) She also called Vermont from there and told me to wait, after an hour later Vermont called back and informed her that my case was in the clerical office (preparing the letter to be send) and that in the letter will explain the reason why i was denied. She did stamped my passport for another 60 days. We are desperated we do not understand why they will denied my case or why i have not received a letter or a explanation. She told me if in 30 days i do not hear from them i will have to come back.

Do anybody has heard about something like this before please advised us. We are worry. It really make me sad the idea of leave my Husband, my house, my family. My husband said he will go with me if i have to leave, but i do not think that is fair, He has a son from his previous marriage that i love like mine, and i know the kid need him too. We will have to start over again from Zero in my country, after working really hard to make this my home. I will really appreciate any advice.

She also told me that it could be something it will be resolved easy and she was really sorry that she could not tell me a reason or give me an advice or what to do.

Thank you VJ's and i really appreciate your best wishes.

This is totally sick.........Look at the divorces they approve them without any interview or anything, they should give you a interview you are still married good luck

[-B&T- 1]

I'm sorry about your situation right now.Pray and trust God everything will be ok soon for you.Maybe there's RFE that you did not recieve and thats why you were denied for not able to respond.Hopefully you will get through this difficult time.

[YuAndDan 153]

Only thing I can think, is they sent an interview appointment letter out and it got lost in the mail, and when you did not show up for the scheduled interview they put you down for as a NO-Show.

Did you move shortly after filing the I-751? When you failed to get the extension letter, did you confirm that USCIS had the correct address?

Edited March 9, 2009 by YuAndDan

[cookiee 0]

I'm sorry about that. i think you should hire an immigration lawyer asap..

[jasminelily 1]

Very sorry to hear. It's time to do a situation assessment. If they send you RFE or interview notice but you never received it and the online status never changed, then they deny you, just ridiculous. If you have filed AR-11 and have proof, makes USCIS look even worse. If you filled out address change form with USPS and they never forward you your letter, sucks even more. By the way, that's two of the reasons why I refused to move, there are other reasons, but crooked USCIS and USPS are definitely two major ones.

Options:

(1) Call USCIS on the 1800 number, insist to talk to an actual IO, not the first person answering the phone because your situation is abnormal. When you talk to the IO, he/she will have higher clearance/access to your case and should be able to tell you right away what went wrong. They said to mail you a letter and wait 30 days?! What if you don't receive it either. If I'm facing this, I won't be able to eat or sleep until I dig to the bottom.

(2) If you're not able to talk to an IO, immediately get senator or congressman involved. If it's a bona fide marriage, there is no basis for USCIS to deny. Well, may be they do but you don't know what it is and they won't tell you over the phone or even infopass, the best is to get senator or congressman involved and they'll make USCIS tell them, then they'll tell you, then you'll know why, then you can plan the next step.

(3) Hire immigration attorney but that's last resort. First they're expensive, second if senator or congressman can't even able to find out more information, don't think an immigration attorney is able to, unless he/she is top notch but that means absolutely unafforadable (well...for me at least).

(4) You don't have to think about moving back to your origin country just yet, even if USCIS really started removal procedures, you'll still have to see an immigration judge before they deport you, if you're really going to see that judge, bring the whole house-full of evidencessssssssssssssss, hopefully the judge is not as blind/dump.

Please always come back here to give us update, then we'll be able to help you more. Good Luck and Don't Give Up!

[CanAmCharlotte 0]

As I said before, contact your senator's office. Personally I would NOT use an immigraton lawyer unless you happen to know one who will get involved for a reasonable price. I used one (from a very prestiguous law firm) at the beginning of my visa journey and she was beyond useless. She actually screwed up my original application which thankfully I caught before sending. (We refused to pay her exhorbitant bill due to her errors and the matter was dropped.) Your state representative's office is there to help its constituents. Go there first, I implore you. As others have said, I have a feeling your situation is something simple like a piece of mail that didn't arrive. Do not give up too quickly. Believe me, mistakes happen when it comes to the USCIS!

[chili74 0]

I agree with CanAmCharlotte on all fronts:

1) immigration lawyers *can* be beyond useless.

2) DO Contact your senator and representative

3) It is a probaby an issue of a USCIS letter not reaching you in the mail.

Good luck; let us know.

[lucyrich 20]

I really appreciate all your best wishes. I thpugh also it could be a RFE and i asked about it but the officer told me that in her computer does not show anything like that, yes we moved after my AOS, but i changed my address on time and i have a returned receipt for that i did not received any confirmation from INS. When i went to my appoinment they asked me about my address and they said it was correct.

Did you move before or after you filed the I-751?

The USCIS doesn't use a very sophisticated way of tracking addresses. From my understanding, if you change your address, you've got to file the AR-11 to change your address on the USCIS master database, but that doesn't necessarily change your address for the purpose of a pending case. If you filed your I-751 with the old address, they may have continued to use that old address for all correspondence. That's stupid, but that's the USCIS for you.

As others have suggested, they don't normally deny an I-751 for marginal evidence. They normally send an RFE. If you don't respond to the RFE, then they will deny the case. All of this sounds like an address problem or similar clerical error. I wouldn't wait long for a denial letter, because I would expect it could also go to the same address where they sent the RFE.

I would contact them and/or use your senator and congressional offices for help.

[maryces21 0]

I really appreciate all your best wishes. I thpugh also it could be a RFE and i asked about it but the officer told me that in her computer does not show anything like that, yes we moved after my AOS, but i changed my address on time and i have a returned receipt for that i did not received any confirmation from INS. When i went to my appoinment they asked me about my address and they said it was correct.

Did you move before or after you filed the I-751?

The USCIS doesn't use a very sophisticated way of tracking addresses. From my understanding, if you change your address, you've got to file the AR-11 to change your address on the USCIS master database, but that doesn't necessarily change your address for the purpose of a pending case. If you filed your I-751 with the old address, they may have continued to use that old address for all correspondence. That's stupid, but that's the USCIS for you.

As others have suggested, they don't normally deny an I-751 for marginal evidence. They normally send an RFE. If you don't respond to the RFE, then they will deny the case. All of this sounds like an address problem or similar clerical error. I wouldn't wait long for a denial letter, because I would expect it could also go to the same address where they sent the RFE.

I would contact them and/or use your senator and congressional offices for help.

We moved after my AOS and a year before my I751. I hope it is something simple too. I will contacted my senator today after work.