I-751 denied because USCIS "didn't receive additional evidence"

[sh18 3]

Weird, your evidence seems good, wonder whether they do have more resources to do random checks like that or you said something during the interview that set this off.

[sputnik 0]

Weird, your evidence seems good, wonder whether they do have more resources to do random checks like that or you said something during the interview that set this off.

I agree with you. I know my marriage was real, with evidence but how to prove it to them? even with my ex husband is supporting me after our divorce. But what I have is what I have and we will fight until we win

[Saska+Tim 7]

I agree with you. I know my marriage was real, with evidence but how to prove it to them? even with my ex husband is supporting me after our divorce. But what I have is what I have and we will fight until we win

Wish you luck!

[sputnik 0]

Wish you luck!

Thank You

[FortLaudy 10]

Yup, it's very tough... as you came over on a fiance visa and got given this "conditional" green card...

some people forget what this means... it means you're given a card based on your bonafide marriage to your USC husband... and if by two years this marriage is no longer good (guess who gets to decide this!) then you really have no reason to be here (in the eyes of the USCIS)... and your green card is revoked and you get deported... however much you've settled down here and got a good job and want to stay, that's what the "conditional" green card means... sad but true... it's based on a condition that you and your USC husband could not fullfil... seeing that the laws around this only recently relaxed and allowed the foreign spouse to file alone incase of abuse & divorce I'm not sure if this can be applied for your case as your deadline to file I-751 came before this new law... Do a bit of research on the internet and make a few calls and find out about this for sure before you lose a whole lot of money through this lawyer as you've already been served with deportation papers... I just read your original post and it said a court date is to be set... well that's good news, so then your ex-husband MUST go with you to this hearing and you should take all the evidence and let us know how it goes!

[sh18 3]

Shani682, I am sorry, but I doubt you know what you're talking about. You can get divorced and still file to remove conditions. So yes even if your marriage is not good in 2 years or 3 months, it doesn't matter, as long as you prove you entered it in good faith. It is when they suspect that you're lying that you're filing together when you're not or that you entered the marriage solely to receive immigration benefits, that's when the trouble begins.

And, no, you do not just get deported: there is a process and in fact it is not even up to USCIS, but immigration judge.

[FortLaudy 10]

You can get divorced and still file to remove conditions. So yes even if your marriage is not good in 2 years or 3 months, it doesn't matter, as long as you prove you entered it in good faith. They did not divorce before the time came to file I-751 though, also these "relaxed" laws came into effect After they were meant to file. It is when they suspect that you're lying that you're filing together This is where I think they have a problem, the USCIS suspected they were lying about still being in a bonafide marriage when you're not or that you entered the marriage solely to receive immigration benefits, that's when the trouble begins.

And, no, you do not just get deported: there is a process and in fact it is not even up to USCIS, but immigration judge. USCIS - United States Citizen and Immigration Services, I know there's a process, that's why I suggested she takes her ex-husband along to the court appearance

[sputnik 0]

Yup, it's very tough... as you came over on a fiance visa and got given this "conditional" green card...

some people forget what this means... it means you're given a card based on your bonafide marriage to your USC husband... and if by two years this marriage is no longer good (guess who gets to decide this!) then you really have no reason to be here (in the eyes of the USCIS)... and your green card is revoked and you get deported... however much you've settled down here and got a good job and want to stay, that's what the "conditional" green card means... sad but true... it's based on a condition that you and your USC husband could not fullfil... seeing that the laws around this only recently relaxed and allowed the foreign spouse to file alone incase of abuse & divorce I'm not sure if this can be applied for your case as your deadline to file I-751 came before this new law... Do a bit of research on the internet and make a few calls and find out about this for sure before you lose a whole lot of money through this lawyer as you've already been served with deportation papers... I just read your original post and it said a court date is to be set... well that's good news, so then your ex-husband MUST go with you to this hearing and you should take all the evidence and let us know how it goes!

I was married for well over 2 yrs, actually 3 years and 5 month if that matters.

[sputnik 0]

Shani682, I am sorry, but I doubt you know what you're talking about. You can get divorced and still file to remove conditions. So yes even if your marriage is not good in 2 years or 3 months, it doesn't matter, as long as you prove you entered it in good faith. It is when they suspect that you're lying that you're filing together when you're not or that you entered the marriage solely to receive immigration benefits, that's when the trouble begins.

And, no, you do not just get deported: there is a process and in fact it is not even up to USCIS, but immigration judge.

I agree with you. I know someone who was married for less than a year and still got approved because he proved that he entered in good faith, and this was couple years ago. We initially filed together as husband and wife but later after our divorce and while our joint petition was still pending, my lawyer refilled my I-751 with my husband's support documents.

[FortLaudy 10]

You don't seem to understand something about the "Conditional GC"

You get your permanent GC when you have:

1. Proved to the USCIS that you are still in a bonafide relationship and filed for I-751 WITH your husband within the 2 year time frame (They get to decide if it's bonafide, not you, I'm of the opinion that herein lies your problem)

2. You get divorced BEFORE the filing due date of I-751 and file alone with a waiver (The OP did not get divorced during this time frame, but 2 months After filing joint I-751)

3. Filing I-751 after seperation but Before divorce - laws changed recenty, but also this does not apply to the OP, she got divorced AFTER filing and unapproved I-751

The I-751 waiver is a special application available to some immigrants who obtain conditional permanent

residence through marriage to a United States citizen, but who are unable for some reason to file a joint request with their spouse for their

permanent greencard.

There are certain situations in which a conditional resident may not be able to depend on their spouse to

help their file the Form I-751, Application to Remove the Conditions on Residence. The conditional

resident may apply for an I-751 waiver of the joint filing requirement by filing the Form I-751

alone(indicating that requesting waiver of joint filing requirement called an “I-751 Waiver” if they can

show:

• That they entered into the marriage in good faith, but that the marriage was terminated in

divorce; and/or

• That they entered into the marriage on good faith, but the married was terminated due to the

death of the United State Citizen spouse; and/or

• That she entered into the marriage in good faith, and that she was subjected to physical

battering and/or extreme mental cruelty; and/or

• That she would suffer extreme hardship if returned to her country of origin.

For those with a 2-year green card, the couple, if still married, should file an I-751 jointly within 90 days of the expiration of the 2-year green card in order to get a 10-year green card.

If the couple is divorced prior to the expiration, the foreigner can file I-751 alone with a request for a waiver of the joint filing. The foreigner should document the I-751 with proof that the marriage was entered into in good faith. The evidence submitted should be documents obtained AFTER the 2-year green card was issued - bills with both names, joint taxes, joint insurance, joint lease, mortgage, pictures etc. An affidavit explaining why the marriage did not work out is recommended. The affidavit should be consistent though with the foreigner's answers to the officer's questions at the interview.

Basically, when you found out your marriage was over, you should have gotten divorced/seperated and filed alone keeping all evidence of bonafide marriage and you probably would have been approved, You should not have kept up the broken marriage you were experiening as a bonafide marriage to the USCIS... You fall under 1. listed above as neither 2. or 3. apply to you as you divorced/seperated AFTER jointly filing I-751... understand??

[reeses16 8]

Your evidence list looks good. Did you show evidence over TIME? So did you include only 1 joint bank account statement, or several (ideally at one for each year you were married, and one dated a month or two before filing the petition.).

For now, the best thing is listen to your lawyer and collect additional evidence in case you need to present it.

Edited December 23, 2009 by reeses16

[FortLaudy 10]

I'm sorry if my posts were confusing regarding the "new/changed" laws... these laws pertain to filing I-751 alone, after seperation but before divorce memorandum, and the memorandum on people who are already in removal proceedings and multiple filings, link:

http://www.uscis.gov/USCIS/New%20Structure...I-751100909.pdf

The OP needs to read this document THOROUGHLY... on Page 3

D. Multiple Filings (Which is what the OP did, first Joint, then later alone after divorce = multiple filings)

It does seem that they look at the new petition again, BUT only to see if there's enough evidence of the "bona fide marriage" in your case they have already determined that you did not provide them enough evidence either at the interview or on the day of their home visit... so that's going to be your hurdle

[sputnik 0]

I'm sorry if my posts were confusing regarding the "new/changed" laws... these laws pertain to filing I-751 alone, after seperation but before divorce memorandum, and the memorandum on people who are already in removal proceedings and multiple filings, link:

http://www.uscis.gov/USCIS/New%20Structure...I-751100909.pdf

The OP needs to read this document THOROUGHLY... on Page 3

D. Multiple Filings (Which is what the OP did, first Joint, then later alone after divorce = multiple filings)

It does seem that they look at the new petition again, BUT only to see if there's enough evidence of the "bona fide marriage" in your case they have already determined that you did not provide them enough evidence either at the interview or on the day of their home visit... so that's going to be your hurdle

I believe I'm ready for court because this is the only way I can prove that we had real marriage. My ex is willing to support me even tho he is living with someone else already.

[3600rs 24]

I agree with you. I know someone who was married for less than a year and still got approved because he proved that he entered in good faith, and this was couple years ago. We initially filed together as husband and wife but later after our divorce and while our joint petition was still pending, my lawyer refilled my I-751 with my husband's support documents.

Sputnik all is not lost. After a denial you get a removal master hearing letter. This is normal and happens in most cases. Your lawyer has 2 options. One, refile a new good faith waiver by addressing the relevant errors in the denial. Or, put in a Motion to Reopen the denied waiver.

If both the above options fail you still have a chance with the Judge. You can ask the Judge to reconsider your waiver taking into consideration the merits of your case. At this stage you have people ready to testify your good intent in court. On the USCIS side there will be the trial attorney who actually shows them the evidence they have to get your deported. Now they better have something concrete to deport you for fraud, failing which it will be a slam dunk approval.

[sputnik 0]

Sputnik all is not lost. After a denial you get a removal master hearing letter. This is normal and happens in most cases. Your lawyer has 2 options. One, refile a new good faith waiver by addressing the relevant errors in the denial. Or, put in a Motion to Reopen the denied waiver.

If both the above options fail you still have a chance with the Judge. You can ask the Judge to reconsider your waiver taking into consideration the merits of your case. At this stage you have people ready to testify your good intent in court. On the USCIS side there will be the trial attorney who actually shows them the evidence they have to get your deported. Now they better have something concrete to deport you for fraud, failing which it will be a slam dunk approval.

I hope it doesn't get to that point, I wish I get my I-751 approved before Christmas and that will be a really good present from Santa