I-751 denied and now in deportation proceedings

[Nandax3 0]

I'm going to be super specific so bare with me;

My husband and I got married really young, I was 19 and he was 20. We were high school sweet hearts and decided to get hitched in 2011, after 2 years of dating. Unfortunately in October 2013 he had to leave the state due to problems and I stayed in NY since I had just applied to college so I was financially unable to follow him but hopeful that after 2 or 3 semesters I would apply for schools in AZ and start our life there. The distance didn't seem much at first and because of money we would take minimal vacations and I was only able to go visit him twice and he only came to NY once. However, as time went by I noticed him more and more distant and of course I found out from some of his family members that he had started seeing someone around jund 2014 but was in denial. while under severe emotional stress and anxiety, this someone became pregnant. The big problem: we filed our joint i751 petition in September 2014 and I found out conclusively about this other woman in november 2014. I have an attorney so back then she told me to try to make things work out with him and I tried, we both did, but I guess he didn't try so hard because in January of 2015 I get the daunting text message of him telling me that she was pregnant. and yes just imagine how hurtful that was. I could forgive an infidelity but I don't know many people that are willing forgive a person who's going to have a child by another woman. I filed for divorce in July 2015, still awaiting my i751 response and of course a month later I get it and they asked for an interview in September. He had the child with this other woman at the end of October and I had my interview, I rescheduled. The next interview date was for october and because he was not present, My petition got denied. I was in awe that the IO would not even let me present the evidence I had to prove my case and maybe ask for an extension while I was awaiting my divorce. He was rude and pretty nasty actually. I got a letter informing me of the denial, and less than 40 days later a letter stating my charge along with stating that I was to be in removal proceedings. The letter also stated that I would have to go before a judge and I am freaking out. I went to my lawyer and she said that nothing will happen and that everything will be fine since it was a legitimate marriage however I want to know if anyone else has gone through this, or heard from someone else about something similar and the outcomes of that situation. I have been married for 4 years, since 2011 and have been a green card holder since September 2012. Do I lose the time that I have been waiting for the i751 response towards naturalization or does t still count towards the 5 years for citizenship? Another thing to note, we wanted to keep the divorce as simple as possible so I decided to file mutual consent but can I bring up the point that he cheated on me and that's why we're ultimately getting divorced ? Any answers/ advice will be greatly appreciated.

[Hypnos 6,576]

If you had a joint filing and your husband did not attend the interview then you were properly denied; the IO had no choice but to deny since your husband did not attend.

Whilst I can understand it's a scary situation, you are in no real danger of deportation. By the time your case winds through the immigration courts you will likely have your final divorce decree, and will be able to present it to the judge, as well as switching your filing from a joint filing to a divorce waiver of the joint filing requirement. At that point the judge will probably terminate the proceedings and remand your I-751 back to USCIS for them to re-adjudicate, this time as a waiver filing.

Edited December 18, 2015 by Hypnos

[Starkilla09 366]

Sorry about your marriage. Though this be a stressful time in your life, be rest assured that you'll be able to get your residency as long as you have evidence that you entered marriage in good faith but ended in divorce (In this case it's even clearly evident with his infidelity and impregnating this other woman). Hope you've been gathering joint financial paper work like bills, bank statements, leases, tax returns and any other documentation to show you guys had a shared life together. This will be crucial to add ontop of your reason for divorce. You'll have to file a new waiver petition to remove conditions on your own which is done by many couples in case of divorce. Hopefully if your ex husband still has a shred of decency in him to show remorse, he can submit an affidavit too if not you'll still be good as long as you have evidence.

[Boiler 45,520]

So you have evidence of a couple of years living together? Commingled lives etc.

[NickD 203]

Unclear as to why your husband left you, too late now, but at this time you should have notified the USCIS that the state of your marriage has changed and reapplied with several options, could be abuse in the form of torrment, married in good faith, but didn't work out, or even a hardship on you to return to your home country.

But at the same time, you are young, afraid, left alone, living in a strange country, and really not familiar with the laws of this country. With attorneys, some good ones, some very bad ones, but they all have there speciallities, you need a good immigation attorney.

Another thing I dislike about the USCIS, is they are in effect a certifying agency, with with most ceritifying agencies, you meet with a board, not just one person. You can get one that is darn right mean or one that is helpful or understanding. Have a stepdaughter your age, was interviewed by an immigrant himself of a culture that is noted of not liking Hispanics. As soon as I heard about this, contacted my senators office and filed a complaint. Received some very quick action, and even a letter of apology from that supervisor for his actions. Don't know what happend to him, but I hope they fired that SOB.

Not sure if this is your case, but stuff like this happens, and feel for you, if you are left alone, my stepdaughter sure didn't know how to deal with this. You could try contacting your senators office, have two of them, one may be very helpful, the other not, so contact both of them.

This is all I can suggest.

[Nandax3 0]

I'm terribly sorry for what you're going through. What is your current lawyer planning to do about this other than saying everything will be fine? Did she explain her plan of action? If you find yourself wondering what she's doing, I'd suggest seeking another lawyer's advice. In any case, a second opinion won't hurt when you're in deportation proceedings. At this point, I would clear this before starting to worry about citizenship.

She's great, has helped me with all my immigration paper work and everything has always gone right. She plans on just waiting for the divorce to be settled, we submitted the i751 yesterday to ask for a waiver when my divorce is complete, since it takes like a year for a response and she just asked the immigration office for a court appearance which may take up to 6 months. She said sometimes people go to court once and get sent back to immigration, or it may be a little longer like 2 or 3 times at court, judge makes his decision and back to immigration.

[Nandax3 0]

If you had a joint filing and your husband did not attend the interview then you were properly denied; the IO had no choice but to deny since your husband did not attend.

Whilst I can understand it's a scary situation, you are in no real danger of deportation. By the time your case winds through the immigration courts you will likely have your final divorce decree, and will be able to present it to the judge, as well as switching your filing from a joint filing to a divorce waiver of the joint filing requirement. At that point the judge will probably terminate the proceedings and remand your I-751 back to USCIS for them to re-adjudicate, this time as a waiver filing.

Yes that exactly what my lawyer said, but you can just imagine how terrifying it is just to read that letter. Hopefully it will all go well and thank you for your comment !!

[Nandax3 0]

Unclear as to why your husband left you, too late now, but at this time you should have notified the USCIS that the state of your marriage has changed and reapplied with several options, could be abuse in the form of torrment, married in good faith, but didn't work out, or even a hardship on you to return to your home country.

But at the same time, you are young, afraid, left alone, living in a strange country, and really not familiar with the laws of this country. With attorneys, some good ones, some very bad ones, but they all have there speciallities, you need a good immigation attorney.

Another thing I dislike about the USCIS, is they are in effect a certifying agency, with with most ceritifying agencies, you meet with a board, not just one person. You can get one that is darn right mean or one that is helpful or understanding. Have a stepdaughter your age, was interviewed by an immigrant himself of a culture that is noted of not liking Hispanics. As soon as I heard about this, contacted my senators office and filed a complaint. Received some very quick action, and even a letter of apology from that supervisor for his actions. Don't know what happend to him, but I hope they fired that SOB.

Not sure if this is your case, but stuff like this happens, and feel for you, if you are left alone, my stepdaughter sure didn't know how to deal with this. You could try contacting your senators office, have two of them, one may be very helpful, the other not, so contact both of them.

This is all I can suggest.

Hello and thank you for your suggestions, I kindly appreciate it. My husband left the city because he had a restraining order from someone and he was just constantly getting into trouble and his grandfather offered him a job in AZ and he took the offer because he didn't have to pay rent and it would help us financially. However, I was only 7 when I came to this country so I know nothin else, I've lived in this country more than in my country of origin. I just want to know if I have to wait another 5 years for citizenship or if this will count towards my naturalization. I think it's best to pray for now and wait to see what comes.

[Nandax3 0]

So you have evidence of a couple of years living together? Commingled lives etc.

Plenty of evidence; taxes, joint credit cards, bills, not a lease because since we were young we lived with in my family's house where we had to chip in for rent so no lease. I also have a great relationship with his mother and she wants to help me with anything she can, which is good, but what mother wants to hear their son getting bashed as a cheater and a bad husband in front of immigration you know. But yes a lot of evidence of our long relationship

Edited December 18, 2015 by Nandax3

[Nandax3 0]

Sorry about your marriage. Though this be a stressful time in your life, be rest assured that you'll be able to get your residency as long as you have evidence that you entered marriage in good faith but ended in divorce (In this case it's even clearly evident with his infidelity and impregnating this other woman). Hope you've been gathering joint financial paper work like bills, bank statements, leases, tax returns and any other documentation to show you guys had a shared life together. This will be crucial to add ontop of your reason for divorce. You'll have to file a new waiver petition to remove conditions on your own which is done by many couples in case of divorce. Hopefully if your ex husband still has a shred of decency in him to show remorse, he can submit an affidavit too if not you'll still be good as long as you have evidence.

Yes he actually did give me a notorized letter explaining the situation and how it went wrong because of distance but refrains from mentioning the other woman and the baby. But there's plenty of evidence of our long relationship and hopefully that will be sufficient. Thank you so much for your advice !!!

[IcezMan_IcezLady 582]

Did stated she has been married to the guy for 4 yrs. She lived in NY while the husband lived in AZ. If I read that correctly, did you guys ever lived together? And can OP prove evidence of bona fide relationship if husband visited her state only "once"?

Is the waiver I-751 the only thing OP needs to worry about now?

[Nandax3 0]

Did stated she has been married to the guy for 4 yrs. She lived in NY while the husband lived in AZ. If I read that correctly, did you guys ever lived together? And can OP prove evidence of bona fide relationship if husband visited her state only "once"?

Is the waiver I-751 the only thing OP needs to worry about now?

I don't understand what you're telling me or asking me.

We lived together for 2 years (2011-2013) before he relocated to AZ from NY in September 2013. After September 2013 we went on vacation in March 2014, I went to AZ April 2014, then the whole shabang of the other woman started and this year he came to NY, I went to AZ to serve him divorce papers.

Edited December 18, 2015 by Nandax3

[NickD 203]

Sounds like you are in good hands with your attorney by resubmitting your I-751, should also bring in two passport photos to your local USCIS office and apply for an I-94 to keep yourself legal, sure your attorney told you this. Also helps if your attorney can go in with you, they have a far different attitude when an attorney is present.

Count down for US citizenship starts when you first received your greencard, if not married, is four year and bit bit over nine months before you can apply. Least with the five year, no evidence is required, but sure need a ton of it for the three year marriage privilage as they call it.

Ha, was also young with my first marriage that ended up in a divorce, figured it was because my marriage IQ was less than 2, LOL, have to work on that to bring it up least up to 3.

We met a woman at my wife's oath ceremony whose husband just passed away after her citizenship interview, but before her oath ceremony, she was told, sorry, you have to wait another two years.

[IcezMan_IcezLady 582]

I don't understand what you're telling me or asking me.

We lived together for 2 years (2011-2013) before he relocated to AZ from NY in September 2013. After September 2013 we went on vacation in March 2014, I went to AZ April 2014, then the whole shabang of the other woman started and this year he came to NY, I went to AZ to serve him divorce papers.

Oh ok..Got it.

Don't worry about the rest.... good luck!

[Nandax3 0]

Sounds like you are in good hands with your attorney by resubmitting your I-751, should also bring in two passport photos to your local USCIS office and apply for an I-94 to keep yourself legal, sure your attorney told you this. Also helps if your attorney can go in with you, they have a far different attitude when an attorney is present.

Count down for US citizenship starts when you first received your greencard, if not married, is four year and bit bit over nine months before you can apply. Least with the five year, no evidence is required, but sure need a ton of it for the three year marriage privilage as they call it.

Ha, was also young with my first marriage that ended up in a divorce, figured it was because my marriage IQ was less than 2, LOL, have to work on that to bring it up least up to 3.

We met a woman at my wife's oath ceremony whose husband just passed away after her citizenship interview, but before her oath ceremony, she was told, sorry, you have to wait another two years.

I totally agree with you on the Marriage is! Haha. And yes. Young marriage is usually much harder than a marriage later on in life since both parties are still trynna figure out who they are individually but have to conform to eachother, like 2 branches trying to be conjoint branches which doesn't go well. With luck and in due time it will hopefully work out. It's just a frustrating situation. As far as death, the USCIS is kind of flawed in that way. How can one be penalized for an unexpected death of a partner ? They really don't believe that these kind of things happen. They live in a mystical world where marriage has to be financially dependent. I know plenty of married couple who don't even live in the same household but make it work. They're a bit unreal.