2nd I-751 waiver

[mr2100 0]

Hi all, I filed my I-751 waiver divore filed on december 23, 2009 through Immigaration attorney, my case is complecated thats why i hired a good attorney, my long story short is I came usa on visit visa in 2005 got married to usa citizen 2005 got conditional green card in 2006, applied I-751 joint end of 2007, applied citizenship end of 2008 at that time my I-751 was not appvoed, got seprated from wife may 2009, n-400 and i751 interview july, i went there without my wife also she filed divorce before that interview. 2 months later they refused my both appliactions base my wife didnt appear @ interview even she was not called on interview.In result after two months my conditional g card terminated. I talkd to a good immigaration attorney he advised me to finlised divorce and apply I-751 waiver/bona fide marriage. my divorce was finalised december 2009 and after one week my attorny send my case with a lots of evidence to uscis vsc. Now waiting for positive results. plz wish me Good Luck. my marriage was last more then four years so i had lots of proofs like joint lease papers, banks statments, joint utility bills, insurence , my life insurance on her name, etc.

here is my time

married to us citizen :2005

got conditional green card: 2006

12/2007: filed joint I-751

12/2008: applied N-400

05/2009 sepraton

07/2009 I-751/N400 interview (decision can not made at this time)

10/2009 both appliaction refused

12/2009 divorce finlized

12/23/2009 Applied I751 waiver sent to vsc

12/24/2009 appliaction recived chck cashed

12/28/2009 one year extention latter recived(also latter says that extention is not valid if your status was terminated)

12/30/2009 Fp appointment latter for 01/25/2010

01/25/2010 finger print done in 15 minutes

Now waiting game start............................................. .........

I wants to travel out of country, uscis did not gave me full status on new I-751 receipt. according to reciept notice from uscis it says (this extension and authorization for employment and travel does not apply to you if your conditional resident status has been terminated.

now My question is that if I make Info appointment and go my Do office, can I get stamp on my passport to travel International.I realy miss my family I wants to see my mother and family. please advice me all (my attorney said that do not travel out of countery with this reciept, but I didnt asked him if I go to Do office to get stamp on my passpot, every time I call to my attorney he charge me lots of money. thats why I am asking you dear friends. please advise me wat should I do?

God Bless you

[Okalian 41]

applied citizenship end of 2008 at that time my I-751 was not appvoed,

Why was it not approved?

Also, has your GC been terminated by an immigration judge?

[mr2100 0]

becuse my ex didnt appear on n-400 interview although uscis didnt asked me to brng my wife for interview but later on decision latter uscis told me that was the reson she fail to apper on interview so thay denied both n-400 an djoint I-751 appliactions.

my green card is terminated by uscis my case never reacehed infront of immigaration judge.

[TracyTN 237]

Why are you not asking your attorney these questions? This is a complicated situation now - I don't think advice from an internet forum is the way to go.

[Azale 0]

If your conditional green card been terminated when you got denied (did you ever receive an order of deportation?), then I doubt they would stamp your passport for a year extension.. Your lawyer advise to not travel outside of the country, and that seems by far the safest way to proceed in your case, or in any cases when in doubt, really, what you risk is being turned away by immigration on your way back... that would make your immigration process a nightmare if you have to try and persue from outside the USA.

[Brother Hesekiel 2,236]

You asked your attorney, and your attorney said: "do not travel." I think your attorney is doing his job just fine.

I doubt they will give you an I-551 stamp, and I think traveling now, in your situation, is the last thing you want to do. Your situation in the US is very edgy now, and you need to focus on getting this dealt with. After that's done and you have your Green Card, you can travel.

Patience is a virtue, and you as an Indian national, should understand the true meaning of that. In applying for naturalization when your marriage was on the brink of collapse and forcing USCIS to decide your edgy I-751, you created your mess. You should have waited. Patience, my friend, patience.

Follow your attorney's advice, and wait. Take one step at a time. You'll see your mother when you see her. Take a deep breath and don't make your situation more complicated than it already is.

Peace.

[mr2100 0]

You asked your attorney, and your attorney said: "do not travel." I think your attorney is doing his job just fine.

I doubt they will give you an I-551 stamp, and I think traveling now, in your situation, is the last thing you want to do. Your situation in the US is very edgy now, and you need to focus on getting this dealt with. After that's done and you have your Green Card, you can travel.

Patience is a virtue, and you as an Indian national, should understand the true meaning of that. In applying for naturalization when your marriage was on the brink of collapse and forcing USCIS to decide your edgy I-751, you created your mess. You should have waited. Patience, my friend, patience.

Follow your attorney's advice, and wait. Take one step at a time. You'll see your mother when you see her. Take a deep breath and don't make your situation more complicated than it already is.

Peace.

THANKS JUST BOB AND ALL OTHER I just made info pass appointment on 19th april I wants to get stam on my passport becuse in october my driving licince will expire.that is why I think I should try may be uscis stamp my paasport, If i get that then again I will contact my attorney and will ask him to travel abroad. if he allow me then I will go otherewise I will wait more dont know how long more........................................?

plz pray for me all.

thanks

[mr2100 0]

THANKS JUST BOB AND ALL OTHER I just made info pass appointment on 19th april I wants to get stam on my passport becuse in october my driving licince will expire.that is why I think I should try may be uscis stamp my paasport, If i get that then again I will contact my attorney and will ask him to travel abroad. if he allow me then I will go otherewise I will wait more dont know how long more........................................?

plz pray for me all.

thanks

I went to My local D/O office today. and finaly I got I-551 stamp on my passport for one year,According to stamp and Io officer I can travel and work until my application is pending. If case is denied before that time this stamp will expire. I asked from Io officer about my pending I751 appliaction, she said that its only 4 months since you applied may be you will be calles for interview or approve with out that. And all she can see in system is they are working on me case and until now no decision has been made yet. I also asked IO office that if I go out of country and in case, if my aplication deniey can I re-enter to usa with this stamp? She said may be then you can have problem at that time.

I have filed my I751 in december 24 2009. now I am confused wat to do? should I travel or not I realy missed my family there. thats why I got appointment from my attorny tomarrow to get advise.

I know in this form lots of experienced ppl giving advises to ppl like me, so plz help me wat should I do now?

thanks

May Allah Bless you all

[Minya's wife 25]

If both your attorney and the IO who stamped your passport are advising you NOT to travel, I think you should follow that advice. Travel while your green-card application is in process is always a gamble, because re-entry is never guaranteed. In fact, re-entry is not a guarantee until you naturalize, but that's another argument.

I understand that you miss your family, and you want to see them, but given that your situation is somewhat out of the ordinary, I would not take the chance. You've waited this long....why not wait a little while longer to have your green-card, and then you can book a nice long vacation to see your family.

[karenkaye 1]

If you leave the country with only that receipt in hand you will not get back in. You are divorced from your US Citizen spouse, you have no legal status in the US and you'll be showing intent to enter the country and live here illegally. You will be turned back by the USCIS officers at the Port of Entry when you attempt to come back in. I'm sorry to speak so bluntly but I'm trying to make it plain to you that you should not ignore your lawyer on this. If you really want to continue to live in the US and work here do not leave while you are out of status.

[mr2100 0]

If you leave the country with only that receipt in hand you will not get back in. You are divorced from your US Citizen spouse, you have no legal status in the US and you'll be showing intent to enter the country and live here illegally. You will be turned back by the USCIS officers at the Port of Entry when you attempt to come back in. I'm sorry to speak so bluntly but I'm trying to make it plain to you that you should not ignore your lawyer on this. If you really want to continue to live in the US and work here do not leave while you are out of status.

Dear karenkaye

I have not only receipt but also immigaration put stamp on my passport so officially I can travel and work until my pending appliaction. Io officer told me that I can travel with this stamp, only thing she warn me that in case if my appliaction agin deniey and i am out of country on retrn they can make problem.

any way I am going to see my attorney tomarrow lets see wat he advise.

wish me good luck all and thanks for your advises

[3600rs 24]

I went to My local D/O office today. and finaly I got I-551 stamp on my passport for one year,According to stamp and Io officer I can travel and work until my application is pending. If case is denied before that time this stamp will expire. I asked from Io officer about my pending I751 appliaction, she said that its only 4 months since you applied may be you will be calles for interview or approve with out that. And all she can see in system is they are working on me case and until now no decision has been made yet. I also asked IO office that if I go out of country and in case, if my aplication deniey can I re-enter to usa with this stamp? She said may be then you can have problem at that time.

I have filed my I751 in december 24 2009. now I am confused wat to do? should I travel or not I realy missed my family there. thats why I got appointment from my attorny tomarrow to get advise.

I know in this form lots of experienced ppl giving advises to ppl like me, so plz help me wat should I do now?

thanks

May Allah Bless you all

As I have told you earlier your good to travel and work as long as your application is pending. Even if you get denied, they will first take you to secondary inspection, you will be most probably give you an entry for refiling or having your day with the immigration judge. In practice only people with criminal backgrounds of certain type could be denied entry.

It is common for 751 applicants to travel during the process, and if cases are denied during travel they will be able to enter to refile/reconsider/reopen or even meet the immigration judge.

In addition, if the denial is based on some offense that makes you inadmissible, then you will not be allowed to enter....Like the other poster said.

Edited April 16, 2010 by 3600rs

[mr2100 0]

As I have told you earlier your good to travel and work as long as your application is pending. Even if you get denied, they will first take you to secondary inspection, you will be most probably give you an entry for refiling or having your day with the immigration judge. In practice only people with criminal backgrounds of certain type could be denied entry.

It is common for 751 applicants to travel during the process, and if cases are denied during travel they will be able to enter to refile/reconsider/reopen or even meet the immigration judge.

In addition, if the denial is based on some offense that makes you inadmissible, then you will not be allowed to enter....Like the other poster said.

went to my attorny taday and He told me that I-551 stamp on passport is not guarantee to reenter usa.there are more chance that they let you enter but in case if they check your case history and found your status was terminated then may be will not allow you to enter.He advise me that avoid to travel for safe side as he can not give me guarantee to reenter and in case of permission denie he can not do nothing about my case.

After that I also called to cis office @ JFK air port and asked them same question. one of cis officer told me just follow the advice of your attorney, as a refrence he told that they have same case today like me @ jfk air port and that person had hard time he spend few hours @ air port and also depend on uscis that if they put any note on your case/file in that case stamp can not help you.

thats why finaly i have decided that I should not travel ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,

[3600rs 24]

went to my attorny taday and He told me that I-551 stamp on passport is not guarantee to reenter usa.there are more chance that they let you enter but in case if they check your case history and found your status was terminated then may be will not allow you to enter.He advise me that avoid to travel for safe side as he can not give me guarantee to reenter and in case of permission denie he can not do nothing about my case.

After that I also called to cis office @ JFK air port and asked them same question. one of cis officer told me just follow the advice of your attorney, as a refrence he told that they have same case today like me @ jfk air port and that person had hard time he spend few hours @ air port and also depend on uscis that if they put any note on your case/file in that case stamp can not help you.

thats why finaly i have decided that I should not travel ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,

Your lawyer certainly knows more since he is your legal expert and is right by being cautious.

And BTW..the USCIS can terminate your status if denied, but the immigration courts have the ultimate jurisdiction. Do you know you are eligible to get the stamp even if your 751 is denied. Only an immigration judge can strip u of your status.

You are a permanent resident till the Immigration Judge says otherwise.

Edited April 16, 2010 by 3600rs

[karenkaye 1]

Dear karenkaye

I have not only receipt but also immigaration put stamp on my passport so officially I can travel and work until my pending appliaction. Io officer told me that I can travel with this stamp, only thing she warn me that in case if my appliaction agin deniey and i am out of country on retrn they can make problem.

any way I am going to see my attorney tomarrow lets see wat he advise.

wish me good luck all and thanks for your advises

With the stamp in your passport you should be just fine! It sounds like the immigration officer you saw was very helpful which is wonderful - a reasonable, knowledgeable IO can make a world of difference in someone's situation. Enjoy your trip to visit your family and best wishes for a successful outcome with your petition.