I 751 denied

[c.ch 0]

Hello everyone,

I'm fairly new to this forum. I have been reading and so far there is a lot of helpful information. However, I was wondering if I could get some advice on my particular situation.

I obtained my green card through marriage.

I filed my paperwork to adjust status and received my conditional green card in 2011.

I was set to remove my conditional resident status back in 2013, my deadline was in May. I filed my paperwork within the 90 day period before my deadline. I think I filed in April 2013.

Shortly after I received my notice to retake my biometrics June 2013. I went to my appointment and I didn't really hear anything for a while.

When I filed my I-751, I filed the form only. I didn't send any additional documents since I had provided that at my initial interview. I'm guessing that was a HUGE mistake.

I was a conditional resident up until January 9, 2014. I received a letter Jan. 14, 2014 basically saying my petition was abandoned for not providing additional evidence. It said I did not respond to the "request for additional evidence" in a timely manner (I had up until November 30, 2013 to do so), and therefore my petition is considered abandoned. I no longer have any of the rights and privileges afforded to me that a permanent resident does, including the right to live and work in the US.

During the time between my biometrics and this letter stating I abandoned my petition, I DID NOT receive any additional mail from USCIS. I never received a notice for additional evidence. I checked back in December 2013 online about the status of my case and it said it was in initial review so I assumed it was just a really busy season for immigration and that's why it was taking so long for my application to process.

I called USCIS hotline the day after I received the notice to inquire about whether a letter requesting additional evidence was ever sent. I got an email back with a response saying that I should receive a decision or notice of other action within 60 days. (That's a long time and I still have no ideas what form to file).

I spoke with an attorney who gave me some advice. He didn't really explain very well and I don't really have money to waste on a attorney and filing the wrong forms.

His advice was to just refile form I-485 to adjust status. He advised against filing I-290B because it is time consuming and can take a while to reopen my case.

My question is, is anybody familiar with filing an motion to reopen and how that went for them. Is there a good success rate with this form?

Also since I didn't include any evidence when I filed my I-751 did I decrease my chances of getting my case reopened if I filed a motion.

Does it make more sense to just re-file like the attorney advised?

ANY advice would be greatly appreciated!

Thanks in advance!

[Cheezees 1,514]

Did you receive an NOA form? This should have been the first one you received letting you know that they got your package. In the Notice Of Arrival, they also explain that you can submit additional evidence since your case has yet to be adjudicated and you do not even have a case number (the case number is only assigned in your biometrics letter.)

You say you're guessing it was a huge mistake. I'm not sure how you will aren't 100% certain that is was! Did you even read the instructions for the I-751 form? This is not to come down on you. The 2 year waiting period for green cards through marriage had a specific purpose - to authenticate the marriage. Dd you know this? Secondly, the ROC application required proof of this authentication with the co-mingling of funds and assets. It is one thing to omit some evidence from your application but it is quite bizarre that you thought a few months of joint account evidence and a marriage certificate back in 2011, and your say-so that your marriage is bonafide 2 years later would be enough.

Even if you thought the 2 year reapplication was just some arbitrary process, a THOROUGH reading of the form and its instructions would have snapped you back to reality.

I think the reapplication for the adjustment of status is the way to go. Otherwise, deportation is possible. Good luck!

[c.ch 0]

Thanks for the advice!

I re-read the NOA and it does state to send in additional documents. I guess when I filled out the I 751 form and sent it all those months ago, I misread the notice. I took it be that the information I already provided at the first interview would be sufficient. I just assumed there was a separate letter requesting additional evidence (if they needed it), the same way they requested it in a separate letter along with my interview the first time.

Looks like the jokes on me.

I will start filing the forms for adjustment.

Thank you for advice, I really appreciate the help!!!

[Harpa Timsah 13,258]

The instructions for the I-751 also say that you must include evidence.

You got a FRE for no evidence and it never got to you. Did your online status change? Call them and ask them if they have any returned mail pieces from you.

[Jawaree 718]

U call getting an atty a waste of money while in limbo?

this is a DIY forum and if U run into a bump, the best

person is an atty to re-open, its not like doing the complete

case ....if U drag your feet & face deportation you will/can

spend up to $8000 or more

Edited January 26, 2014 by Jawaree