Denied I-751?

[biggy79 0]

hello i am new to this, i am a us citizen and i married my wife from india who is not a citizen she came here 4 years ago on a k-1 visa everything was great, went to the biometrics appts and then never recieved anything after that, USCIS said they sent out a request for evidence but we have never recieved anything, so they denied the application, so i sent another I-751 and havent recieved anything yet, and my brother is getting married at the end of feb, would she be able to travel to india for the wedding, im very confused, we did everything they wanted us to do, why cant they send mail certified like we send it to them. Mail lost in the system somehow comes to our fault not the postal office, i am in a very tough sitiution please help me, i dont want my wife to be sent back to india we have a loving son together and our marriage is not false.

[Joanna&Bobby 3]

When did you send the second I-751?

Edited January 14, 2011 by Joanna&Bobby

[LIFE'SJOURNEY 970]

hello i am new to this, i am a us citizen and i married my wife from india who is not a citizen she came here 4 years ago on a k-1 visa everything was great, went to the biometrics appts and then never recieved anything after that, USCIS said they sent out a request for evidence but we have never recieved anything, so they denied the application, so i sent another I-751 and havent recieved anything yet, and my brother is getting married at the end of feb, would she be able to travel to india for the wedding, im very confused, we did everything they wanted us to do, why cant they send mail certified like we send it to them. Mail lost in the system somehow comes to our fault not the postal office, i am in a very tough sitiution please help me, i dont want my wife to be sent back to india we have a loving son together and our marriage is not false.

Why did they denied your ROC, and what where the dates and time frame, there is not enough information in your post to be able to begin to assist you.

[Deep2009 18]

hello i am new to this, i am a us citizen and i married my wife from india who is not a citizen she came here 4 years ago on a k-1 visa everything was great, went to the biometrics appts and then never recieved anything after that, USCIS said they sent out a request for evidence but we have never recieved anything, so they denied the application, so i sent another I-751 and havent recieved anything yet, and my brother is getting married at the end of feb, would she be able to travel to india for the wedding, im very confused, we did everything they wanted us to do, why cant they send mail certified like we send it to them. Mail lost in the system somehow comes to our fault not the postal office, i am in a very tough sitiution please help me, i dont want my wife to be sent back to india we have a loving son together and our marriage is not false.

Don't have enough info to provide any feedback...

You need to forget about attending marriage (not my place to say anything) but you should worry about 751 fillings.

Please provide more date/data to get feedback.

Edited January 14, 2011 by Deep2009

[Inky 1,111]

IF she currently has no status, traveling anywhere outside of the USA is a VERY bad idea. They may not let her back in unless you file CR-1 IR-1 all over from the beginning.

[Brother Hesekiel 2,236]

Your post is confusing.

If you submit an I-751 petition to remove conditions of the residency, and you get an RFE (as they stated), and you don't respond for any reason and they subsequently deny the petition . . . that implies that automatic removal proceedings have been initiated or will be initiated. This implies a day in court in front of an immigration judge.

Sending another application after her status as a LPR has been terminated is complete nonsense.

Now you worry about a wedding?

Since you apparently do not know how to deal with this and don't understand the severity of your wife's case, I'd suggest to retain a competent immigration attorney who will take over and get your wife's case back on the right track. That most likely will means starting over with a new I-485 petition.

[Jupiter07 12]

Your post is confusing.

If you submit an I-751 petition to remove conditions of the residency, and you get an RFE (as they stated), and you don't respond for any reason and they subsequently deny the petition . . . that implies that automatic removal proceedings have been initiated or will be initiated. This implies a day in court in front of an immigration judge.

Sending another application after her status as a LPR has been terminated is complete nonsense.

Now you worry about a wedding?

Since you apparently do not know how to deal with this and don't understand the severity of your wife's case, I'd suggest to retain a competent immigration attorney who will take over and get your wife's case back on the right track. That most likely will means starting over with a new I-485 petition.

I like how you don't sugar-coat things. Tell as it is...

[VanessaTony 3,567]

hello i am new to this, i am a us citizen and i married my wife from india who is not a citizen she came here 4 years ago on a k-1 visa everything was great, went to the biometrics appts and then never recieved anything after that, USCIS said they sent out a request for evidence but we have never recieved anything, so they denied the application, so i sent another I-751 and havent recieved anything yet, and my brother is getting married at the end of feb, would she be able to travel to india for the wedding, im very confused, we did everything they wanted us to do, why cant they send mail certified like we send it to them. Mail lost in the system somehow comes to our fault not the postal office, i am in a very tough sitiution please help me, i dont want my wife to be sent back to india we have a loving son together and our marriage is not false.

I too am confused. You state she came on the K1 and you went to biometrics. You don't mention that she got her greencard, you launched right into ROC. Did you file AOS when she arrived on the K1 and she got her 2 year greencard?

THEN 2 years minus 90 days from then you would have applied for ROC. Normally when you sent the ROC package you get notice saying status is extended for a year or something like that and she'll be allowed to travel outside the US then. Problem is, if it's denied while she's outside of the US then she will have issues when she tries to get back in.

When did you send the new ROC? Your wife would have been given 30 days to leave the US when the ROC was denied. What did you do to overturn that deadline? I think you need a lawyer before you do anything. Your case is no longer simple and I would not risk leaving the US without legal assistance.