I751 GOT DENIED, PLEASE I NEED YOUR HELP

[johnmicky 0]

 I filed for my condition green card, i751, while i was still married but we were going through a lot of problems which included her cheating on me and continuous abuse from her family. Therefore, things were so bad that we agreed to separate while the i751 was pending. I got a rfe for the pending i751 but I let them know that we are no longer together and they gave me an option to file for waiver through divorce. The mistake I made was that I chose this option hoping my divorce will b finalize soon but during interview date for my divorce hearing, my spouse did not show up and the lawyer said that the paper work that was sent to my wife also got returned so they couldnt continue with the hearing. For this reason, I started every thing again and my next court date for my divorce will be august 7. But green card got denied because of the big mistake I made changing to waiver through divorce and the divorce is not even finalized. I really dont know what to do. I dont know if I should refill the i751 as joint filling but separated with my affidavits from friends. I really dont know what to do at this point. Please, I need your help. Thanks

 

Location

[Seth And Quynh 77]

are you the beneficiary?

[Pedrro 0]

Well everyone makes mistakes so don't be too hard on yourself. Since you guys are not officially divorced, try to refill the form. If she's willing to help you out, and you have enough evidence that show the legitimacy of the marriage, I think you should be fine. If otherwise, then reply to your RFE, and prepare yourself for a possible interview during which you can explain the officer your situation. You should only waive the joint filling requirements when the divorce is finalized.

[johnmicky 0]

Yeah, im the beneficiary. It is already denied. I got the letter in the mail yesterday but I'm really confused if my only option is to filed i751 again. I can't reply to the rfe because I changed it divorce waiver and it got denied

[Pinkrlion 2,724]

You will be OK, you have the opportunity to refile without a penalty after the denial.  Refile for the Divorce Waiver after you receive your divorce.  Make sure that you have a copy of your first I-751 you filed, as you will have to re-submit everything again.  My friend refiled his after his denial two years later, cause that is when the divorce finalized and he got his through divorce waiver.

 

Ask your divorce lawyer to refer you to an immigration lawyer or can he assist you with the I-751.  My friend's immigration lawyer handled his divorce issues.  

[johnmicky 0]

I'm scared I would be deported if I wait that long to fill again. My divorce hearing will be in August and I dont know what to do. And I can't even work, because they terminated everything.

[Pinkrlion 2,724]

You are not in removal proceeding yet, you have time to refile.  If your divorce case is in August in two months you are fine.  My friend received the letter and he was never placed in removal proceedings and he refiled with no issues.  

[johnmicky 0]

Pinkrlion, thanks for your help. One more thing " the motion must be filed within 33 days from the date of this notice.You must send your completed form i-290b and supporting documentation with the appropriate filing fee" 

 

This is about the noice of appeal. Should I ignore this, PINKRLION

 

Thanks

[mindthegap 2,610]

For a joint petition, if one party doesn't show to an interview, it is marked as a no-show, and denied.

However, if one party doesn't show, you should be given the option at that time of switching to a divorce waiver WITHOUT having to refile.

 

The divorce does not need to be final - as long as divorce proceedings have formally commenced and are underway, that is all you need to switch to a divorce waiver. 

 At this point they should either continue with the interview there and then and give you an RFE for the final divorce decree, or reschedule you for a solo interview at a future date, and again, if divorce not final at that time, give you an RFE.

 

If (and I think this is correct if I am reading your post correctly) you had already switched to a divorce waiver, scheduled an interview and your spouse didn't show, then that is NOT grounds for denial, since it is already a solo waiver filing, and there is no requirement for the spouse to show up. Again, the divorce would not have to be final in this case either, just filed and formally underway, and they can give you an RFE for when it is final. 

So, if this is indeed the case, then THEY screwed up, not you, which doesn't surprise me given the sheer (in)competence of many USCIS staff.

 

 

 

This may help as it remains the current policy:

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/i-751_Filed_ Prior_Termination_3apr09.pdf

 

You need to get this re-opened (not re-filed from scratch), correctly, as a solo filing with divorce waiver, as they should have done. It is possible to do it yourself, but far probably easier to get a competent lawyer at this point.

Edited May 27, 2017 by mindthegap

[Pinkrlion 2,724]

  On 5/27/2017 at 5:07 PM, mindthegap said:

For a joint petition, if one party doesn't show to an interview, it is marked as a no-show, and denied.

However, if one party doesn't show, you should be given the option at that time of switching to a divorce waiver WITHOUT having to refile.

 

The divorce does not need to be final - as long as divorce proceedings have formally commenced and are underway, that is all you need to switch to a divorce waiver. 

 At this point they should either continue with the interview there and then and give you an RFE for the final divorce decree, or reschedule you for a solo interview at a future date, and again, if divorce not final at that time, give you an RFE.

 

If (and I think this is correct if I am reading your post correctly) you had already switched to a divorce waiver, scheduled an interview and your spouse didn't show, then that is NOT grounds for denial, since it is already a solo waiver filing, and there is no requirement for the spouse to show up. Again, the divorce would not have to be final in this case either, just filed and formally underway, and they can give you an RFE for when it is final. 

So, if this is indeed the case, then THEY screwed up, not you, which doesn't surprise me given the sheer (in)competence of many USCIS staff.

 

 

 

This may help as it remains the current policy:

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/i-751_Filed_ Prior_Termination_3apr09.pdf

 

You need to get this re-opened (not re-filed from scratch), correctly, as a solo filing with divorce waiver, as they should have done. It is possible to do it yourself, but far probably easier to get a competent lawyer at this point.

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He was denied for not responding to a RFE not cause of pending divorce.

[johnmicky 0]

 

PINKRLION

She didn't come to the divorce hearing so the divorce was not finalized since she also refused to reply to the divorce papers that was served to her and it has been postponed to August 7. I got denied because the divorce is not finalise. The hearing was for the divorce, not the green card.

[Ash.1101 1,756]

  On 5/27/2017 at 2:18 PM, johnmicky said:

 I filed for my condition green card, i751, while i was still married but we were going through a lot of problems which included her cheating on me and continuous abuse from her family. Therefore, things were so bad that we agreed to separate while the i751 was pending. I got a rfe for the pending i751 but I let them know that we are no longer together and they gave me an option to file for waiver through divorce. The mistake I made was that I chose this option hoping my divorce will b finalize soon but during interview date for my divorce hearing, my spouse did not show up and the lawyer said that the paper work that was sent to my wife also got returned so they couldnt continue with the hearing. For this reason, I started every thing again and my next court date for my divorce will be august 7. But green card got denied because of the big mistake I made changing to waiver through divorce and the divorce is not even finalized. I really dont know what to do. I dont know if I should refill the i751 as joint filling but separated with my affidavits from friends. I really dont know what to do at this point. Please, I need your help. Thanks

 

Location

Expand  

What was the RFE for?

NORMALLY they will let you continue with everything if you do a divorce waiver, but if you were given an RFE you still have to answer it depending on what it is. Many many many people do the same thing you've done and hadn't been denied because the divorce wasn't final. Something else may have been wrong.

Did you respond to the RFE or did you figure since you were divorcing you didn't need too?

Edited May 27, 2017 by Ash.1101

[johnmicky 0]

Oh i think that was the problem. I really don't have anymore evidence so I didnt really give them anything for the rfe. I thought I was changing it so it didnt matter. I think that was the problem. Is there anything I can do? 

[mindthegap 2,610]

  On 5/28/2017 at 12:28 AM, johnmicky said:

Oh i think that was the problem. I really don't have anymore evidence so I didnt really give them anything for the rfe. I thought I was changing it so it didnt matter. I think that was the problem. Is there anything I can do? 

Expand  

Yes that was almost certainly your problem.

Even if you don't have the requested documents - and remember that you can't provide what you don't have or doesn't exist - you are still required to respond to the RFE.

oops.

 

A divorce waiver removes the joint filing requirement - but does not remove the requirement to provide evidence of bona-fuse-ness, and it is this on which it is adjudicated.

 

 

 

Edited May 28, 2017 by mindthegap

[johnmicky 0]

mindthegap

Do you have any idea what i should do next? They gave me the 33 days notice of appeal. should i do that?