I751 Waiver Petition DENIED :(

[sunshine16x 5]

Thank you for your response.

I followed mananto's advice to a tee…I re-filed as soon as I had the divorce decree in hand. New I-751 application, the divorce decree, another check for $585 and all the evidence I had sent with my first filing, which was all I had. I haven't used a lawyer in my immigration journey so far (I-130, NVC, I-601, I-751), just immigration forums and yours truly. If it wasn't for mananto, I would probably still be waiting for a court hearing and would've lost my job. Thankfully I ignored the 3 lawyers who told me it was impossible to re-file and received the 10-year GC 6 months after the 2nd filing, no RFE this time! Oh and to answer your question, I did sent in proof of having filed for divorce in my first petition and again when I responded to the RFE but obviously it didn't work for me, they still wanted proof that the divorce had been finalized.

I hope my story helps someone else who is going through a similar situation. Best of luck to everyone!

There are two remedies - 1) appeal or 2) re-file. With refile, you do not have to wait for a judge because there are more examiners than judges. OP can refile since there are no deportation proceedings. She is simply out of status for a small period of time. Arguably, she met the 751 timeline (before 2 years) by the first filing. She did not have the paperwork required, which is outside her control. I wonder if someone has tried to include that the decree was filed (form given by the courts) as part of the RFE. Appeals are good if you don't have any additional information to add. The attorney will help comb through your information to make sure you didn't miss anything. All in all, it is now the burden of the USCIS to show that the relationship was not entered in good faith. If I learned anything about this process, there are more than one ways to achieve the same result. It is all about money, timing, and buckets full of patience.

[sunshine16x 5]

Hi mananto,

Yes, I did follow your advice. If it hadn't been for you, your support and encouragement, I'd still be sitting here waiting for that Notice to Appear letter which to this day hasn't made an appearance The 3 lawyers who I consulted with all told me that it was impossible, that I had to wait to appear before a judge and thankfully I didn't hire them or follow their advice. THANK YOU for giving me hope, my only wish is that you receive the same good news. Good luck to you!

Hypnos...I am sorry but you are dead wrong! Well apparently she did not follow your advise but followed what I was saying...that you simply have to refile..... See link...

http://www.visajourney.com/forums/topic/259288-i-751-waiver-filers-timeline/?p=7585216

[mananto 36]

Sunshine16x,

Congratulations again! I am so happy for you and so glad you did not follow those lawyers. Those lawyers just wanted the $6,000 to $10,000 for removal proceedings case. That is their trick and it sucks so bad that they can take advantage of people like that. Trust me I have had a lawyer tell me I cant and rubbished my research but God knows I will prove him wrong. God is all powerful and I just trusted in him. Enjoy you Green Card and hopefully your journey to citizenship will be much smoother. Please say a prayer for me as I wait.