i-751 denied... again.

[Kathryn41 3,205]

Please do not make judgmental comments. They add nothing to the discussion and offer no assistance to the OP.

[rika60607 215]

Ali,

you probably could divorce in your wife's state without even going there. Better yet, make your wife file, why not, she hopefully is better off financially than you. You did a good job researching your immigration situation online (lately), do the same for divorce. You have to take care of this urgently.

As for how long you will have to present the divorce decree to USCIS - it depends on whether you file at NSC (fast) or VSC (slower). Where you file depends on where you live. I would not count on 8-10 months though.

I do not think you can sort this out by applying for citizenship. Get a lawyer to go with you to Immigration court at least.

[Krikit 1,165]

Moving from Removing Conditions to Effects of Major Changes.

Good luck.

[alozor 1]

thank you patrick808

i would rather hire a lawyer. its not so much about the money but the fact that i am jobless right now.

like a lot of people...

Not like a a lot of people as you can't use public assistance. Have you considered returning home?

What's your future here?

Doesn't sound like you had much of a relationship from the very beginning!

dude, if i wanted to return home or even considering that i wouldn't waste my time on this forum.

PLUS you don't know me or what my life is here so don't make any assumption.

thank you

[alozor 1]

Ali,

you probably could divorce in your wife's state without even going there. Better yet, make your wife file, why not, she hopefully is better off financially than you. You did a good job researching your immigration situation online (lately), do the same for divorce. You have to take care of this urgently.

As for how long you will have to present the divorce decree to USCIS - it depends on whether you file at NSC (fast) or VSC (slower). Where you file depends on where you live. I would not count on 8-10 months though.

I do not think you can sort this out by applying for citizenship. Get a lawyer to go with you to Immigration court at least.

thanks for the advice. my job situation will get better then and i will get a lawyer.

[Brother Hesekiel 2,236]

Here is what is going to happen.

With the second I-751 denied (due to incorrect filing, btw.) deportation proceedings will be imminent. You'll be seeing an immigration judge at which time you, or your legal council, will explain the situation and ask for the deportation proceedings to be put on hold and to allow you to file a third I-751. Whether that will fly is anybody's guess, but I wouldn't attempt to hold my breath that long.

If the judge agrees, you file the I-751 again, and thanks to USCIS's spankin' new policy in regard to filing when separated but not divorced yet, you'll be where you were when filing the first time: having to prove that you entered the marriage in good faith.

If the judge disagrees, you'll be formally deported with not much hope to return to the US any time soon.

All that said, you are in a pretty bad situation, and due to the incorrect filing of your lawyer the first time, you need a competent one this time.

[Boiler 46,106]

he took my expired GC.

How are you going to get a job/DL etc

Sounds like you are well out of status.

[TracyTN 237]

Btw, He mentioned he doesn't have $ for a lawyer.

But this is not a situation where any of us here on VJ can 'in good faith' recommend he go at alone. Hiring competent legal help is the best advice I can offer....see about finding someone who will do pro-bono, or work out some sort of payment.

If you're broke, check out Catholic Charities in your area. They provide legal assistance with immigration.

[candelari 0]

Hey Ali,

You were denied based on wrong filing. California seems to approve everything in a heart beat you may try to move and apply there (personal opinon so) Please do the right filing;

File with your wife and notify USCIS with divorce procedure once you file for it (it will open 87 days of RFE period for divorce decree) or

finalize your divorce and file with divorce decree again....

you file for divorce waiver without the divorce so you were denied on technicality.

Hiring a lawyer help but if you can not efford it just do it yourself. You can make an infopass and try to find out more.....

If you file by yourself, put a lot of evidence I mean a lot....

Letter from your wife, friends, bank account stataments, lease copies whatever you can find it. I remeber you have mentioned that you didn't have those try to get copy from the places you were before...

Good Luck!!!!

[3600rs 24]

if my case wasn't complicated i wouldn't be posting here... lol. but mine is very very complicated.

ill try to make it simple:

moved to san diego CA july 2004

got married nov 2004

got 2 year GC oct 2005

separate with my wife dec 2006. have not spoke to her since she cheated and had another baby with the dude.

apply for waiver i-751 on sep 2007 based on good faith marriage but ended because of abuse.

got biometrics on jan 2008

march 2008 moved to florida. filed a-11 to change address.

nov 2008 i receive a letter stating that my app is denied due to failure to appear for interview ( i never received the appointment letter so i never show up)

shortly after i hired a lawyer who advise me to reapply for i-751. told him i was still married.

feb 2009 he file a new i-751 i let him took care of it and did bother too much. thats why i paid him to do right?

march 2009 received NOA extension letter.

july 2009 i moved back to san diego. 2 months later i got pulled over by cop for expired tag (wasn't my car). later on ICE officers

came to me and held me in custody because of status termination due to i-751 of nov 2008. told i reapplied but they didn't care.

they transfered me to eloy detention facility in AZ where i stayed 2 months. got my sh*t together and IMM judge dismissed my case.

oct 5 2009 i got released. lost my jobs in CA so went back to Miami to stay at a friend house.

nov 2009 received appointment letter for interview in Miami field office.

nov 18 2009. go to the interview alone. officer ask for divorce decree. said i m not divorced. my lawyer filed for "divorced" waiver.

officer couldn't approve my petition and told me it would be denied. he took my expired GC.

i'm still waiting on denial letter.

coincidently, my wife contacted me after 3 years to ask for divorce. i said i'll file for it. she is still in CA

since then i have made a lot of research and got more answers that my lawyer ever did. thanx to this forum.

now i realize that my lawyer did'nt specify that i needed to be divorce to file for waiver. let alone filing without divorce decree.

what should i do? i will have no status soon. i lost my job and i'm looking for one.

i can re-file but i need a divorce decree. i won't hire a lawyer this time 1: because i can't afford it 2: after what happened i realized that i could have done a better job myself with the right source of infos.

should i go back to CA to divorce my wife? i dont have FL drivers license or state ID. i don't think i'm eligible to file in FL

thank you if have read this entire post. i have been through a lot. denied twice, in custody for 2 months in the middle of nowhere, spent lots of time & money...

i don't expect someone to come up with a miracle solution but any type of advice will be appreciated.

Miracle Solution:

1. Do not jump States.

2. Get the denial.

3. Collect all the good faith evidence.

4. Contact the Catholic Charities for a counselor, they have reasonable prices for good expertise.

5. Refile the waiver taking into consideration the previous denial and the new rules for filing, you may not need the divorce decree.

6. Do not jump into citizenship now, let the I751 clear out.