I-751 waiver interview went bad

[VJNG 0]

Hi All,

I had a very bad I-751 waiver interview mainly because of the fact that my ex sent some seemingly false allegations about me (just in writing, no proof) . The interviewer said that he will need to look again and make a decision but it sounded more like a denial to me.

I just want me to be more prepared in the event i get a denial letter and be placed in removal proceedings because of lack of sufficient evidence to prove good faith marriage(I dont have joint leases or joint bank statements - marriage was very short)

What are my options here?

Will I have to leave the country immediately after receiving the letter

I will be out of status.What would happen to be status if i file a motion to appeal or re-open I-751 case?

My current husband is on H1 - I am not sure if H4 would be that easy at this point.

I am wondering if there can be any "interim" status i can be in before I prove to the immigration judge that my marriage was real

Any help is appreciated...

Thanks a lot.

[Steve D. 22]

A denial is not likely, however a RFE would be more likely.

Just prepare everything you have, more if you can, to support your marriage was in good faith.

If you do have a denial, you can appeal.

As for deportation? It'll be a long time before they had to execute the order against you.

H4? Well That's not really a PR status, but I would assume yes it'll be a lot easier compare to ROC.

Good luck.

[Sam_nov_11 0]

HI CR1Visa,

Please provide details of the evidence you provided for I-751.

What was the length of the marriage?

Was your marriage a religious ceremony or court marriage?

Did you provide any pictures of being together?

Thanks

[VJNG 0]

Hi,

My marriage was a religious ceremony perfomed in a traditional way. We have pictures in a party after the marriage event. I submitted wedding pics, affidavits and a joint credit card we shared.

I have not lived enough with ex to secure joint lease or any other joint stuff.Length of marriage was close to a year but duration in US was less than a month

Let me know..

When you appeal to a judge after a denial, what legal status will I be in?

HI CR1Visa,

Please provide details of the evidence you provided for I-751.

What was the length of the marriage?

Was your marriage a religious ceremony or court marriage?

Did you provide any pictures of being together?

Thanks

[shin shin 3]

What did you say about the allegation pf your husband about u?? how did you answer that to IO??

[Sam_nov_11 0]

HI CR1Visa,

Can you please give details of your interview. What did the officer said and what questions he asked?

Detail will help us understand more.

Regards

[VJNG 0]

Hi,

The questions were ruthless asked and I am sorry I cant get into details here.

I am just preparing for the worst here.

Lets say , I got denied.What are my consequences ? I understand my GC is right away terminated. What would happen to my visa status in the time period I file for a appeal or a motion to reopen?. It would really help if you could answer this question.

Thanks a lot,

HI CR1Visa,

Can you please give details of your interview. What did the officer said and what questions he asked?

Detail will help us understand more.

Regards

[soundedguy 8]

Hi,

The questions were ruthless asked and I am sorry I cant get into details here.

I am just preparing for the worst here.

Lets say , I got denied.What are my consequences ? I understand my GC is right away terminated. What would happen to my visa status in the time period I file for a appeal or a motion to reopen?. It would really help if you could answer this question.

Thanks a lot,

Could you give further information so people could help you. You are not paying anybody and people are here to help themselves as a family. If you can't give more details then users would assume you dont really need help. Your situation isn't the worse on visajourney. Let's.cooperate with each other and remember you are not paying anybody here.

[VanessaTony 3,567]

Okay you have no timeline but based on previous posts:

1. You filed the I-751 in March 2011

2. You don't state how long after the divorce you filed I-751 (or what the grounds were)

3. You don't state when you arrived

4. You state you were here a month before the relationship ended

5. You had only been married a year by the time you arrived here

6. Sometime since March 2011 (maybe before) and now, you met and married someone else.

7. Your "current husband" is here on a H1 visa.

8. You don't state where your "current husband" is from.

Given the facts above, notwithstanding any letter your ex-husband wrote, there are several red flags.

It would appear that your relationship was failing before you came over on the CR-1 and you simply stayed and married someone else. It could look like you had plans to marry your current husband all along and only used your ex for a greencard.

Also, they don't investigate "just a letter, no proof" without some form of proof (whether it be red flags or other evidence) that would indicate fraud. Based on the above, there are many indicators of fraud on your part so I'm not surprised your interview wasn't easy.

----

To answer your qns though - If you are denied, it depends on the grounds for denial as to what will happen. You have no "visa status" as that visa was cancelled as soon as you arrived. Your GC being revoked means you have no status. I have personally never filed an appeal or a Motion to Reopen so I don't know what would happen. I would assume that your status would be on hold while they determine what to do.

Whether you can then get an H4 with your current husband also depends on what happens with your denial. If you are denied on the grounds of fraud, or misrepresentation, or a non-valid relationship, it could make it extremely hard for you to come back. You would most likely need a waiver of some sort (what kind again depends on grounds for denial) and your H1 husband wouldn't be eligible to file a waiver for you (as I believe only USC's can do that).

Honestly though this is all conjecture because you refuse to tell us more details about the interview, what you are accused of, and you don't have a timeline so we can't see how it looks either.

I suggest you hire an attorney.

[juliava 80]

Looks like the OP is married for the second time and nonetheless she is pursuing immigration benefits based on her first marriage that does not exist anymore. On top of that she is entertaining the idea of pursuing immigration benefits based on her second marriage as well, such as an H-4 visa. No wonder an I-751 interview was scheduled and ended up inconclusive. At the same time, just like Vanessa said, I wouldn't be surprised if the I-751 gets denied either.

OP -I understand that this is the land of freedom and opportunity, but something's gotta give here. Remember, USCIS is not a department store where you try on different items and return defect items in order to get new ones for free. Wait until your I-751 gets adjudicated and plan your actions according to whatever USCIS tells you to do (trust me, they WILL tell you what to do). Also, at this point an immigration lawyer might make you feel better telling you whatever you want to hear, but I doubt he/she would do anything on your behalf without an I-751 decision.

[Hypnos 6,576]

It's difficult to provide accurate advice if you won't go into details of the allegations made against you or the questions asked at your interview.

It's probably time to lawyer up.

[Darnell 8,478]

Was there any jewelry involved ?

[Sandra G. 5,047]

There is no administrative appeal of an I-751 denial. You can file a new petition or have your I-751 renew it in removal proceedings.But if your denial is based in fraud I would not file a new petition, but renew it in removal proceedings.Uscis will issue a NTA(notice to appear) in Court in case of denial and you will be given the opportunity to renew your I-751 joint petition in front of the judge.Good luck

[MrsOO 7]

See it will always be hard to prove.

You were married for a year but only lasted a month in the US, and then shortly after met and married someone else.

The burden of proof will always be on you. I am not a USCIS officer and even I am like huh

If the year was spent in the US, then maybe.

No one will be able to help you unless you give more details. You didnt state what led to the breakdown, or how long you were separated before a divorce, or who initiated it. Why you got married so soon after? If you are denied, I dont see how your H1 new husband will be able to file for you at all.

Right now you need a lawyer, though I dont see what they can do though. Basically if your marriage only lasted a month, then when you entered, you had your conditional GC for barely a month... Good luck!

[jaycali 415]

I agree with MrsOO and others - why did your marriage fail? What did they push you on at the interview? This matters.

If your marriage ended a month after your arrival to the US because "you grew apart", I'd raise my eyebrows.

If, for example your marriage ended a month after your arrival to the US because you found out your husband was cheating, it's more credible.

It's difficult to help without detailed information, because every case is different. You know that, I know that, the USCIS knows that.