I-751 Possible reason for denial

[happywifeymom 4]

Hello ppl of VJ,

Just wondering what could be the possible reason of 1-751 denial? What happen if one is denied/ can she be deported even if there are kids involve in the marriage/.

Thanks for any ideas.

[Anh map 2,098]

http://www.visajourney.com/forums/index.ph...p;page=751guide

[John24689 0]

Most I have seen want to see more evidence about your marriage. You can appeal a denial. I have not heard of anyone being deported, but it is possible. If you have a bona fide marriage and enough evidence submitted, then I would not worry about it. Just wait and see.

It looks like you just filed the I-751. If so, you may want to search VJ and see if others included evidence you did not include. Then you can start collecting it in case you get a RFE.

Good luck.

[lucyrich 20]

It is possible for them to deny a petition outright, but the language in the adjudicator's field manual that lets them do that says If, after examining the evidence submitted with an I-751 petition, the Service Center Director finds that the case presents substantial and undisputed evidence that the marriage was to circumvent the immigration laws, the Service Center Director shall deny the case. So they won't deny it outright for mere lack of evidence or ambiguous evidence -- they'd have to find a fairly clear indication of fraud.

If you make anything like a reasonable attempt to file on time and include valid evidence, you won't be denied outright. They'll give you a few chances to prove yourself before they decide against you.

If they find your evidence unconvincing, they'll send an RFE, and if they're still not convinced after you reply to the RFE, they'll request an interview (they interview a random sample of couples even when everything appears legit, too).

If, after the RFE and interview, they still believe you haven't sustained your burden of proof that the marriage is bona fide, then they would deny the I-751. We don't see that happen often around here.

If there are kids involved in the marriage, that are being raised by both the petitioner and beneficiary together, and if that fact is brought into the evidence before they make their decision, then the chances of being denied are extremely slim. Kids are generally excellent evidence of the bona fide nature of the marriage.

But if they do end up denying the I-751, then yes, the immigrant will be placed in removal proceedings.

[Bobby+Umit 161]

Hello ppl of VJ,

Just wondering what could be the possible reason of 1-751 denial? What happen if one is denied/ can she be deported even if there are kids involve in the marriage/.

Thanks for any ideas.

If one is denied, they can fight it, ask for a waiver, etc... It really depends on the reasoning on why it was denied.

Here is a case USAC Opinion

usually having children would not stop them from being deported.

Here is an interesting graph on current applications.

2009 Applications

[NickD 202]

It was a stressful 14 months for us, sure it is for everyone, when I was in the military to get a top secret clearance, didn't have to do anything, learned later that two guys from the FBI visited my home, school, employers, and talked to neighbors, wish the USCIS would do the same thing. But with the USCIS, is all papers, never heard about this board, but wife had friends with problems, we learned from them. Ha, you want papers, we have papers, asked for two letters of affidavits, sent four, could have sent a hundred, but didn't want to get carried away, all notorized. Then that booklet with all evidence neatly stacked in so it won't get lost and organized, joint taxes, joint ownership, etc.

Hate to see these post where people say you don't need this or that, or is optional, in my opinion, these people should be banned from this board. You need all you can supply plus some.

[happywifeymom 4]

Most I have seen want to see more evidence about your marriage. You can appeal a denial. I have not heard of anyone being deported, but it is possible. If you have a bona fide marriage and enough evidence submitted, then I would not worry about it. Just wait and see.

It looks like you just filed the I-751. If so, you may want to search VJ and see if others included evidence you did not include. Then you can start collecting it in case you get a RFE.

Good luck.

Thank you guys for your replies . Nope I am still collecting evidences to file on July 2009.I have enough evidences to submit just my hubby would always tell me not to worry coz he said There is no way for the USCIS to take his wife and his son away from him for he is a US marine veteran... is he right about this?

[jasminelily 1]

Thank you guys for your replies . Nope I am still collecting evidences to file on July 2009.I have enough evidences to submit just my hubby would always tell me not to worry coz he said There is no way for the USCIS to take his wife and his son away from him for he is a US marine veteran... is he right about this?

I don't know if he's right or not, but I definitely think that he is trying to make you feel better and not to worry youself too much. My husband do that to me all the time, he said if I worry too much, I can get sick, and he doesn't want me to get sick so he says encouragement sentences.

[fozzie 41]

If it is a bona fide marriage, that was entered into by both parties for legitimate reasons then you should not have a problem. His status as a veteran should not make a difference.

Just collect the evidence that you have which, with kids born to the marriage, should be a peice of cake. The burden is really on USCIS to find evidence to the contrary. You have got this far, right? You have been through various checks and immigration processes already so they are just double checking that their original decision was correct. Seriously, if the marriage is legit then don't worry about it too much.

[NickD 202]

I-751 is one of the most simplest forms to fill out, nevertheless, good to refer to previous forms to maintain precise consistency. Don't know if being a veteran makes any difference or not, but what the heck, we were trained by our government to fight for freedom, couldn't help but sending in a color copy of my photo ID veterans card. Marrying the woman of my choice is freedom and will to fight for that as well.

[fozzie 41]

Don't know if being a veteran makes any difference or not, but what the heck, we were trained by our government to fight for freedom, couldn't help but sending in a color copy of my photo ID veterans card. Marrying the woman of my choice is freedom and will to fight for that as well.

Very true and I have nothing but admiration and respect for anyone that is prepared to defend such a noble cause.

However the idea that veterans could still enter into a fraudulent marriage is every bit is likely as for the rest of us. Therefore they should be subject to the same burdens of proof. Priority processing? I would have no arguments there but the burden of proof should remain the same for all.

[happywifeymom 4]

Thank you guys for your replies . Nope I am still collecting evidences to file on July 2009.I have enough evidences to submit just my hubby would always tell me not to worry coz he said There is no way for the USCIS to take his wife and his son away from him for he is a US marine veteran... is he right about this?

I don't know if he's right or not, but I definitely think that he is trying to make you feel better and not to worry youself too much. My husband do that to me all the time, he said if I worry too much, I can get sick, and he doesn't want me to get sick so he says encouragement sentences.

Thanks so much guys. I think my hubby just want me not to worry even though i still have until July to file for my Removal of condition. About the speedy process or special treatment no we did not experience that.We went through all the same process only they did'nt make it hard for us to approve of the K1 and the adjustment of status thing and no RFE.

Yes we are happily married and have our 8 month old son.Thanks again guys.

[NickD 202]

Thank you guys for your replies . Nope I am still collecting evidences to file on July 2009.I have enough evidences to submit just my hubby would always tell me not to worry coz he said There is no way for the USCIS to take his wife and his son away from him for he is a US marine veteran... is he right about this?

I don't know if he's right or not, but I definitely think that he is trying to make you feel better and not to worry youself too much. My husband do that to me all the time, he said if I worry too much, I can get sick, and he doesn't want me to get sick so he says encouragement sentences.

Thanks so much guys. I think my hubby just want me not to worry even though i still have until July to file for my Removal of condition. About the speedy process or special treatment no we did not experience that.We went through all the same process only they did'nt make it hard for us to approve of the K1 and the adjustment of status thing and no RFE.

Yes we are happily married and have our 8 month old son.Thanks again guys.

Having a baby is very good evidence, make sure to attached a copy of his birth certificate and a family photo.

[happywifeymom 4]

Thank you guys for your replies . Nope I am still collecting evidences to file on July 2009.I have enough evidences to submit just my hubby would always tell me not to worry coz he said There is no way for the USCIS to take his wife and his son away from him for he is a US marine veteran... is he right about this?

I don't know if he's right or not, but I definitely think that he is trying to make you feel better and not to worry youself too much. My husband do that to me all the time, he said if I worry too much, I can get sick, and he doesn't want me to get sick so he says encouragement sentences.

Thanks so much guys. I think my hubby just want me not to worry even though i still have until July to file for my Removal of condition. About the speedy process or special treatment no we did not experience that.We went through all the same process only they did'nt make it hard for us to approve of the K1 and the adjustment of status thing and no RFE.

Yes we are happily married and have our 8 month old son.Thanks again guys.

Having a baby is very good evidence, make sure to attached a copy of his birth certificate and a family photo.

Thanks a lot.