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I-751 waiver interview went bad

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Filed: IR-1/CR-1 Visa Country: India
Timeline

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.

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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.

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Filed: IR-1/CR-1 Visa Country: India
Timeline

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

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Filed: IR-1/CR-1 Visa Country: India
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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

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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.

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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.

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45 (6/7/12) Received email & text notification of an interview on 7/10
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Filed: IR-1/CR-1 Visa Country: China
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Was there any jewelry involved ?

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Filed: Other Country: Brazil
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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

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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 :unsure:

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... :wow: Good luck!

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  • 3 weeks later...
Filed: Timeline

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.

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