I-751 denied and now in deportation proceedings

[Hypnos 6,576]

The widow penalty was law until 2009. It basically stated that the marriage had to last at least two years to be petitionable under US immigration law. There were multiple examples of someone marrying a US citizen, filing their I-485, but then the US citizen died before the interview could be scheduled and the I-485 approved. This resulted in the detention and deportation of a not-insignificant number of people, all because the person they loved died at the wrong time. In many cases they were spouses of people on active US military service (one such example: https://web.archive.org/web/20141216103659/http://www.ssad.org/sergeantferschke.html linked through the Internet Wayback Machine because the site now seems to be offline).

Fortunately in 2009 the two year requirement was ended and this inhumane policy is no longer in place. I am one of the direct beneficiaries of that legislation; I would likely have been deported or still living in the shadows were it still law, since my wife and I were only legally married less than a month before she died.

[NickD 203]

This occurred in 2008, wasn't aware they showed some mercy and changed this law. ROC started in 1988, we sure went through heck during our AOS process, only to have to go through this again, than again for US citizenship. While we were dating was warned by my immigration attorney to never let my proposed wife to overstay her visa, even by one day, that could end up in deportation.

But this only happens if you do things legally, don't even bother checking those other 11 million people that came here and way overstayed their visas.

[Pinkrlion 2,721]

If your divorce is finalized, refile 751 as a divorce waiver.

[newacct 688]

If your divorce is finalized, refile 751 as a divorce waiver.

Yes, but filed with the immigration judge in removal proceedings.

[NickD 203]

One good thing about this country, USA, will get your day in court as opposed to some other countries I am aware of. But this country does run on paper and this court hearing could have been avoided if you kept your paper work up to date.

Ha, like to joke about this, "where are your papers?"

[newacct 688]

this court hearing could have been avoided if you kept your paper work up to date.

Not necessarily. Divorce takes many months in some states and it's impossible in many cases of people who divorce during ROC to get a final divorce order in time for the ROC application or to respond to the RFE. Being put into removal proceedings is not unusual in this case.

[sparkles_ 456]

I didn't read other replies so sorry if I missed things.

You have a lawyer, good. Your lawyer will probably get court continued until your divorce is done and refile things or ask it be closed out at the second date.

We are dealing with removal as well. We got a continuance, and if you have any questions you can PM me. All I can say is this is nothing to be afraid of. It seems horrible but it's just an ironing out of wrinkles so to speak. Get ready for a long, long wait though. It's been over a year for us so far.

[Nandax3 0]

Thank you so much for your input on this. I'm not happy you're going through this situation but at least now I find myself not being the only person going through this and it is comforting. Yes, I do have a great lawyer and she basically says not to worry and to relax because it is a a very slow process. My divorce hasn't been looked at yet, but my lawyer submitted the i751 again, since that takes time as well. She said it's better we do the court and immigration at the same time do not delay more than it should. How is your process going if I may ask

I didn't read other replies so sorry if I missed things.

You have a lawyer, good. Your lawyer will probably get court continued until your divorce is done and refile things or ask it be closed out at the second date.

We are dealing with removal as well. We got a continuance, and if you have any questions you can PM me. All I can say is this is nothing to be afraid of. It seems horrible but it's just an ironing out of wrinkles so to speak. Get ready for a long, long wait though. It's been over a year for us so far.

[sparkles_ 456]

Ours is going, but it's been a slow journey that we started in December 2014. My husband basically overstayed and got hit with a notice to appear literally days before our marriage....talk about a wedding surprise! We had an ICE agent at our house a few weeks later, we had been in contact doing the right things and all. Husband and I went to them when asked and he was fingerprinted and released without bond without being detained and without check in.

If you are apologetic and cooperative, that can move mountains because a judge literall has your file notes looking at them when it's your time.

We got the i130 approved last month without an interview. Our lawyer got a petition put in to close the case without us going back based on that approval but it's 50-50 if it would been seen by the next court day which is in March. Things should be closed out then, and we should proceed to file the AOS like normal.

Your lawyer is right. Putting both together also means you have a legit reason to ask for a continuance if needed; a pending case!

[sparkles_ 456]

By the way I have a whole thread about my process. If you search "a visit from ICE...now going to court" you will find it. I've been updating it from day one just in case it could help anyone out.

[Nandax3 0]

Oh wow. That does sound a lot more complicated than my case. Hope it all goes well. I'll check out your threat.

Ours is going, but it's been a slow journey that we started in December 2014. My husband basically overstayed and got hit with a notice to appear literally days before our marriage....talk about a wedding surprise! We had an ICE agent at our house a few weeks later, we had been in contact doing the right things and all. Husband and I went to them when asked and he was fingerprinted and released without bond without being detained and without check in.

If you are apologetic and cooperative, that can move mountains because a judge literall has your file notes looking at them when it's your time.

We got the i130 approved last month without an interview. Our lawyer got a petition put in to close the case without us going back based on that approval but it's 50-50 if it would been seen by the next court day which is in March. Things should be closed out then, and we should proceed to file the AOS like normal.

Your lawyer is right. Putting both together also means you have a legit reason to ask for a continuance if needed; a pending case!