urgent help needed - i751 returned

[rika60607 215]

Oh yes, and you could try to get help from the US embassy!

(but you have to file I-751 to put you back in status for them to be able to help you)

I am pretty sure that since she refers to her wife, she's a dude!

she is asking for advice not to be judged, we are here to inform and advice our fellow members not to start questioning them, we are not USCIS last time i checked. I don't see the point on reprimanding a member...

[EstebanTrabajos 7]

oops corrected

[john_and_marlene 162]

yes, but i filled before it had expired.

You did not file before it expired. The filing you attempted was not accepted because you did not include the fee. The filing date will not revert back to a previously unaccepted application. You can, however, explain you are late filing because of the previously refused application.

[elguevon 16]

she has a NOA that USCIS sent her to the UK explaining a problem with her application and they did not check the box where it says that she was out of status meaning that by filing before the expiration date on her card she her status is still legal.

Please follow up what the OP has stated to avoid confusion

An NOA can be a numerous things and in her particular case it DID NOT state that her GC was extended 1 year, thus it DOES NOT give her the ability to travel back to the US. She needs the specific NOA that states this in order for her to travel. She WILL NOT be allowed to even get a boarding pass presenting her current NOA stating she didn't pay the required fee as it mean nothing to the airline.

You (TävôLuDô) need to follow-up and read closer what the OP has stated, not me.

Edited February 4, 2010 by elguevon

[EstebanTrabajos 7]

that piece of mail may allow him to come back to the US because it shows he is not out of status nor on removal proceedings.

The only reason why he wouldn't be allowed back into the states would be deportation or abandonment of status. He filed within the time frame and the letter states he made a mistake, that's why I told him he needs to come back ASAP to fix up the mess.

People are allowed in the US on a daily basis after a prior interview and background check even with expired green cards or lack of green cards as long as they are NOT out of status.

[NikkisPrecious 0]

[TracyTN 237]

I suggest that you consult a qualified US immigration attorney to discuss your situation in full.

I tend to agree with this. Your case is complicated now because of the late filing and because your spouse will not agree to file with you - not to mention that you have little to no evidence of a marriage (and even if you did, you did not submit that with your application).

People CAN file when they are separated, but normally what happens in that situation is they are sent an RFE at which time they are asked to produce a copy of the final divorce decree. If you're not divorcing, then that isn't an option for you. You're basically just separated with no evidence that your lives were 'co-mingled', and I think that makes your case quite tricky. You may have squeaked by with it if your USC spouse would have agreed to filing jointly but as that is not the case - I'd find an attorney who could hopefully find a way to undo the damage.

And for what its worth, IF they accept the reason for your late filing, they will still send you the NOA1 which is the letter that extends your current green card for a year. How you get that to you in the UK is another matter, but likely one that can be fixed pretty easily.

[elguevon 16]

that piece of mail may allow him to come back to the US because it shows he is not out of status nor on removal proceedings.

The only reason why he wouldn't be allowed back into the states would be deportation or abandonment of status. He filed within the time frame and the letter states he made a mistake, that's why I told him he needs to come back ASAP to fix up the mess.

People are allowed in the US on a daily basis after a prior interview and background check even with expired green cards or lack of green cards as long as they are NOT out of status.

You want him to purchase a $600+ airline ticket, go to the airport in the UK with his current expired Permanent Resident Card and an NOA stating he didn't pay a fee and expect the airline to understand the situation or perform the background there. Yeah right. If by some unreal circumstance they allow him to board the plane...he arrives in the US and then HOPES Customs Officers allow him into the US.

Are you on crack?

A more economic and realistic solution would be to go to his local embassy or consult an immigration attorney to get assistance.

The unfortunate reality is he never should have left the U.S. until he got the NOA extending his GC 1yr.

Edited February 4, 2010 by elguevon

[Lona.C. 16]

he is asking for advice not to be judged, we are here to inform and advice our fellow members not to start questioning them, we are not USCIS last time i checked. I don't see the point on reprimanding a member...

you are right I shouldnt have questiond his motives , whats done is done he could send the pakege again and see if he gets the NOA ( extention letter ) then take it from there

I still say since he got no NOA ( extention letter )

should seak advice from a lawyer

since he is not in the US and he is not sure where his marriage will lead to,

if he doesnt want to chance loosing the application fee maybe a laywer would have the answer he needs to hear

[rika60607 215]

POE will not let him in until he files I-751.

He may not have to have hard copy of NOA1 on hand, but his case has to be in the system. As of now, he is out of status.

OP, don't cry, start fixing your mess instead! Asking on VJ was a good start.

[rika60607 215]

How is the chance to lose even more money on lawyer fees any better?

Situation is not as complicated as it seems. He's eligible to file for ROC. He should get NOA1. He should be allowed back to the US once he has NOA1. If not enough evidence, USICS will ask for more. They may deny him in the end, but that takes a while and he can get a lawyer involved when USCIS tells him they do not like his evidence!

if he doesnt want to chance loosing the application fee maybe a laywer would have the answer he needs to hear

Edited February 4, 2010 by rika60607

[Lona.C. 16]

How is the chance to lose even more money on lawyer fees any better?

Situation is not as complicated as it seems. He's eligible to file for ROC. He should get NOA1. He should be allowed back to the US once he has NOA1. If not enough evidence, USICS will ask for more. They may deny him in the end, but that takes a while and he can get a lawyer involved when USCIS tells him they do not like his evidence!

I said if he doesnt want to chance loosing the fee, cose he didnt send the fee the first time he send in the application , had he send the fee he would have gotten an RFE and am sure he would have gotten the extention letter NOA 1 ,

but since he asked about if we know if there was any chance to get aproved before he submited the fees,

thats why I said he could send it again with fees and waite for the reply or seak advice from a lawyer

[EstebanTrabajos 7]

you are right I shouldnt have questiond his motives , whats done is done he could send the pakege again and see if he gets the NOA ( extention letter ) then take it from there

I still say since he got no NOA ( extention letter )

should seak advice from a lawyer

since he is not in the US and he is not sure where his marriage will lead to,

if he doesnt want to chance loosing the application fee maybe a laywer would have the answer he needs to hear

I totally agree with you, at least you are a person that can welcome advice without turning disrespectful. We need more members like that in VJ.

[Shami 0]

Your case seems so complicated, i don't even know what to tell you. I will pray for you.

[NikkisPrecious 0]

Your case seems so complicated, i don't even know what to tell you. I will pray for you.

oh it is

I guess after reading all this, all i can do isend what i have along with the fee and just keep my fingers crossed huh