Help with denied I-751 application

[chicha 9]

Did you come on K-1?

Matter of Stockwell:

https://www.justice.gov/sites/default/files/eoir/legacy/2012/08/14/3150.pdf

This person was able to re-adjust.

http://caselaw.findlaw.com/us-2nd-circuit/1606593.html

This suggests if you start with K-1 it's difficult to adjust status again.

Lack of evidence is not equal to fraud. However I'm not lawyer and my gut feeling is that you need to consult a good lawyer to see which leg you need to fix.

[Jamesguamsi 1]

Thanks for your response, I came in with an F1 visa, I just completed my undergraduate degree when I met my spouse at work

[Jamesguamsi 1]

My marriage was bonafide and I had prove (joint lease, joint accounts, joint insurance) I believe their major concern was the fact that I moved from Philadelphia to North Carolina and that was because I got a new my job not to mention the fact that I was out of work for 5 months before I got the job in North Carolina. One of the things they mentioned in the NOID they sent to me was the fact that my bank statement showed withdrawals in Philadelphia and North Carolina which proves that we were no longer together, Instead of prove that we were still together.

[Jamesguamsi 1]

Am frustrated because I feel like no matter what I do in respect to the I-751 application it will still get denied, not because my marriage was not bonafide

[Pinkrlion 2,718]

Yes, I presented my divorce decree to the investigator when I went for my I-751 interview

You need a lawyer

[caliliving 606]

you got a NOID denial for your first visa and you never responded? basically, you are deportable and i am surprised you are still here! you are in a huge situation and you need to fix the first one, bc they think you commited MARRIAGE FRAUD. you need to fix that before you continue with a second. and the fact you are continuing with a second so quick may not help your cause. i am not sure what happened and i am assuming since you have left they have no address for you? you have technically been out of status during this time and working unauthorized. you need a great lawyer to fix your problem that should have been fixed before.. why did you keep living here without fixing it? did you think you were committing visa fraud? did you enter the marriage not in good faith? it just sounds like you knew you never got approved and tried to 'fly under the radar'. also, coming on an F1 and getting married is very suspicious. You have a big immigration dilemma.

[caliliving 606]

My marriage was bonafide and I had prove (joint lease, joint accounts, joint insurance) I believe their major concern was the fact that I moved from Philadelphia to North Carolina and that was because I got a new my job not to mention the fact that I was out of work for 5 months before I got the job in North Carolina. One of the things they mentioned in the NOID they sent to me was the fact that my bank statement showed withdrawals in Philadelphia and North Carolina which proves that we were no longer together, Instead of prove that we were still together.

lots of people can have joint lease, joint insurane, and joint accounts.. that doesnt make a marriage bonefide! these are trained adjudicators... they look at much more then what is on paper. how old are you? how old is she? kids? what countries are you from? what religion? how long after/before your F1 expired did you get married? did you know her before you came here? their is ALOT of factors that go into fraud and just because you 'tried' to do everything on paper to make it seem legit they are trained to know what is normal and not normal. You got a NOID and your GC was denied.

[Anitafeliz 1,133]

Yes, it was denied because I didn't have enough evidence that my marriage was bonafide. Which brings me to my question, what are my chances of my I-485 getting approved without appearing before an Immigration judge for my denied I-751 application

Sir you HAVE to listen to any judicial appointments. You CANNOT just not show....

Get a lawyer

[Anitafeliz 1,133]

If you have treated all request like you are trying to avoid the judge....you are making things worse not better.

And quickly marrying another USC makes it even worse.

[chicha 9]

Again I am not a lawyer but I think I-751 process is the chance you prove your bona fide marriage to USCIS. Immigration judge is the chance USCIS proves your marriage fraud or you defend yourself from marriage fraud. You did not complete the process.

Many couple live apart and it's important to be proactive and explain well. Normally once your I-751 is denied, your lawyer can re-file, file a motion to re-open, or help you with immigration judge. You need a good and honest lawyer here who doesn't just go with the most expensive route (immigration judge).

If you don't find a lawyer, you would take a chance and file I-130/I-485 anyway and if you are lucky you get approved, but also likely is the fact that your old case will resurface.

So my advice is to do a lot of research, try a few consultations, and get a lawyer that you trust that won't make the mistake to cost you more.

[Hypnos 6,576]

Find a good lawyer.

[Jamesguamsi 1]

you got a NOID denial for your first visa and you never responded? basically, you are deportable and i am surprised you are still here! you are in a huge situation and you need to fix the first one, bc they think you commited MARRIAGE FRAUD. you need to fix that before you continue with a second. and the fact you are continuing with a second so quick may not help your cause. i am not sure what happened and i am assuming since you have left they have no address for you? you have technically been out of status during this time and working unauthorized. you need a great lawyer to fix your problem that should have been fixed before.. why did you keep living here without fixing it? did you think you were committing visa fraud? did you enter the marriage not in good faith? it just sounds like you knew you never got approved and tried to 'fly under the radar'. also, coming on an F1 and getting married is very suspicious. You have a big immigration dilemma.

I meant I initially came to the states on an F1 visa, I also responded to the NOID and it was denied, I never received an NTA from USCIS. This I-751 application got denied just last month

[Jamesguamsi 1]

If you have treated all request like you are trying to avoid the judge....you are making things worse not better.

And quickly marrying another USC makes it even worse.

Am not trying to avoid a judge, the sooner I see a judge, the better for me

[caliliving 606]

I meant I initially came to the states on an F1 visa, I also responded to the NOID and it was denied, I never received an NTA from USCIS. This I-751 application got denied just last month

I feel like something isnt right here, and i think you got a NOID and were supposed to leave and you didnt and moved to not get deported. now you are marrying someone else so soon after? something is off here. obviously their were signs in your first marriage and the officer saw that. regardless, you need to get a lawyer and straightne that mess out. probably need to see an immigraiton lawyer to determine your status in the USA because right now, you are out of status and deportable.

[Anitafeliz 1,133]

I got divorced to my spouse a year after I filed my I-751(application to remove conditions on green card) which was later denied by USCIS however USCIS never sent me an NTA. Now am remarried and about to file a new I-485 and I-130. What are my chances of my I-485 getting approved without me appearing before an Immigration judgefor my denied I-751 application.

Yes, it was denied because I didn't have enough evidence that my marriage was bonafide. Which brings me to my question, what are my chances of my I-485 getting approved without appearing before an Immigration judge for my denied I-751 application

Reasons i belived you were avoiding the judge.

If you do see a judge have a competent lawyer. You are deportable.

Am not trying to avoid a judge, the sooner I see a judge, the better for me