Removing Residence

[zhettezkhy1218 0]

Hello everyone, 

Does anyone here experience got denied from applying removal of conditon of residence?? I had to divorced my ex husband while on the process of renewal of my green card. Can I still apply a job? Is reapplying for green card is the best solution? Please I need an advice. Thank you in advance.

[afrocraft 314]

Please familiarize yourself with the I-751 removal of conditions guide and USCIS instructions. You can file for removal of conditions despite your divorce -- you can apply for a waiver on the joint filing requirement. If you search for "divorce and removal of conditions" or similar terms in the top right hand search box, you will also find other people's posts on the subject.

 

Best wishes!

[KULtoATL 1,551]

You can apply for ROC with a divorce waiver. Also, since you're a conditional GC holder, you can work without needing an EAD. 

[zhettezkhy1218 0]

I already filed ROC since 2014 and I just been waiting on it until I received a letter that it says its denied this year. And they didn't give me a chance to appeal on my application. I have a boyfriend now since I separated to my ex husband 2 years ago. And we are about to get married, should I reapply for an adjustment of status again? The 2 years green card? I don't have any legal papers to show to my employer that I am allowed to work here in US. What should I do next? Please help and advice me to what I needed to do? 

[Going through 5,671]

5 hours ago, zhettezkhy1218 said:

I already filed ROC since 2014 and I just been waiting on it until I received a letter that it says its denied this year. And they didn't give me a chance to appeal on my application.

Did the denial letter mention anything about removal from the country?

 

What was the reason for denial?  

[Going through 5,671]

5 hours ago, afrocraft said:

Please familiarize yourself with the I-751 removal of conditions guide and USCIS instructions. You can file for removal of conditions despite your divorce -- you can apply for a waiver on the joint filing requirement. If you search for "divorce and removal of conditions" or similar terms in the top right hand search box, you will also find other people's posts on the subject.

 

Best wishes!

OP's application for ROC was already denied.

[mindthegap 2,599]

This happened to me recently.

 

Firstly, what date was the denial, and what was the reason for denial given in the letter?

Did you switch the original joint filing to a divorce filing? Did you attend an I-751 interview and your ex spouse didn't? Did they make allegations about you and your marriage to USCIS at any time?

 

 

You can file a new solo (waiver) I-751 at any time, even after denial of a joint filing, and I suggest you do it as a matter of urgency, preferably before a NTA is issued, as it puts you in a significantly better position. 

 

Post the the answers to my above questions and I will try and help further. 

Edited October 21, 2017 by mindthegap

[Going through 5,671]

5 hours ago, zhettezkhy1218 said:

I have a boyfriend now since I separated to my ex husband 2 years ago. And we are about to get married, should I reapply for an adjustment of status again?

Also on this part.....

 

Applying for the AOS again so soon after a ROC denial in 2017 based from your first marriage is going to make it appear you are fraudulently entering the second marriage immediately just to obtain a green card.

 

 

Edited October 21, 2017 by Going through

[zhettezkhy1218 0]

No. It didn't mention about the removal from country. I am so confused, Should I call the USCIS and ask them what do I have to do next?? The reason for the denial is because my ex withdrew his support for the joint petition. The date was on May 2017 but I only knew my application denied just last month due to I keep calling the USCIS and following up my application. They never let me know that I already denied if I didn't keep calling them. I didn't switch to any application. I'm so lack of the information.And yes.. I attend the interview for I-751and he didn't come with me due to his sickness. I asked one of the lawyer but he told me to reapply for AOS. Should I follow what he says? I'm so nervous. Am I illegal now in the country now that I don't have any legal paper? I am planning to get married soon. Does this help? Please anyone tell me the right thing to do in my cases??

[NikLR 13,231]

Refile with a divorce waiver. 

[mindthegap 2,599]

32 minutes ago, zhettezkhy1218 said:

No. It didn't mention about the removal from country. I am so confused, 

It would have mentioned termination of status but not removal.

Next would be an NTA (notice to appear) for a court date.

 

32 minutes ago, zhettezkhy1218 said:

 Should I call the USCIS and ask them what do I have to do next?? 

No - don't waste your time (seriously).

 

32 minutes ago, zhettezkhy1218 said:

 The reason for the denial is because my ex withdrew his support for the joint petition. The date was on May 2017 but I only knew my application denied just last month due to I keep calling the USCIS and following up my application. They never let me know that I already denied if I didn't keep calling them. I didn't switch to any application. I'm so lack of the information.And yes.. I attend the interview for I-751and he didn't come with me due to his sickness.

Right, so USC spouse withdrew support, and more importantly didn't attend the interview. 

That is why you are denied, and it was quite correctly done. If the USC spouse does not attend an interview for a jointly filed I-751, then the petition is denied.

As I have discovered to my cost, you can also be denied for withdrawal of the joint aspect of the petition.

 

What you should have done, is at the interview, as soon as it was clear that you were by yourself,  asked or been given the option to switch to a divorce waiver.....then it would have not been terminated for that reason. Or, going further back, notifying USCIS as soon as your divorce was final, that you wished to switch to a waiver.

 

 

32 minutes ago, zhettezkhy1218 said:

I asked one of the lawyer but he told me to reapply for AOS. Should I follow what he says?

 

No. 

 

32 minutes ago, zhettezkhy1218 said:

 Am I illegal now in the country now that I don't have any legal paper?

The joint I-751 has been denied and USCIS makes big noises about you now being terminated, but, despite what USCIS like to proclaim, an immigration judge is the only one who can strip you of your LPR status, and even with a denial you are permitted a temporary I-551 stamp as proof of your status ( there is case law and some USCIS own policy that demonstrates this).

 

You are legal, but do not leave the US until steps have been taken to sort this out, which must be done immediately.

 

32 minutes ago, zhettezkhy1218 said:

 I am planning to get married soon. Does this help? 

No.

 

32 minutes ago, zhettezkhy1218 said:

 Please anyone tell me the right thing to do in my cases??

 

You really have three options:

 

File a motion to re-open (I-290B) with a letter stating that due to sickness your ex- spouse was unable to attend your joint interview, and you are in fact divorced anyway, and you were not asked if you wanted to switch to a divorce waiver at the interview, which is USCIS policy.

 

Or

 

File a new I-751 with the divorce waiver box checked, and a cover letter stating a previous I-751 was denied, and this is a solo filing. You don't need to include all the same evidence, as it will all go in your A# folder.

As you ARE permitted to file a waiver I-751 at any time prior to issuance of a final order of removal, even with an issued NTA, and it should be accepted, the cheque cashed, and a new I-797C receipt/extension letter issued.

As the I-797C is useless without an expired card, you can then take this letter to an infopass for an I-551 stamp.

 

FYI: I did exactly this in the past week, following my denial of the original jointly filed I-751.

 

 

Also, you stated you filed for I-751 in 2014?

In that case, once you have filed a new I-751, then file your N-400 citizenship application under the 5 year rule, which will force adjudication of the I-751, meaning it won't be anywhere near as long a wait as just waiting for the new 751 by itself.

 

 

or

 

Do nothing, wait for the NTA to arrive, giving you a court date. This may be soon, or a long way off.

There, you can present your evidence and reasons, and plead your case with an immigration judge, who can order USCIS to re-open the case, or can issue your final order of removal.

You can appeal an immigration judges decision if it doesn't go the way you like or expect.

 

 

Whatever you do, I would urge you to act sooner rather than later.

Edited October 21, 2017 by mindthegap

[zhettezkhy1218 0]

It is a good advice to cancel the marriage? When we talked to that lawyer, he told us to get marry soon as possible. And that we are planning to do. For applying I-751 with the divorce waiver you mention that I don't need to send any other docs aside divorce certificate? Filling new I-751 means paying another fees? Am I right? I will do this as soon as possible. I currently just moved to other states, and currently just applied job. I had stamped in my passport showing the extension of my application was pending but this is going to be expire soon.Now the application is denied it will not gonna help me much if I show to the new employer right? And the stamped was the only card I hold to let them know I am allowed to work here. You're the only one giving me answer. Please help me and bare with me for I have so many questions. I really appreciate you for sharing your information in my status.  Do I need the affidavit of support from my fiance? 

[mindthegap 2,599]

12 minutes ago, zhettezkhy1218 said:

It is a good advice to cancel the marriage? 

Your new marriage has little relevance to your present problem, which is concerned with the marriage that you gained your permanent residence from, so no.

 

12 minutes ago, zhettezkhy1218 said:

For applying I-751 with the divorce waiver you mention that I don't need to send any other docs aside divorce certificate? Filling new I-751 means paying another fees? 

Yes - unfortunately it is another $680.

You are legally entitled to file a new I-751, but you must make sure you remember to enclose a copy of the final divorce decree.

 

Have a (very) good read of this document: https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static Files Memoranda/Adjudication of Form I-751100909.pdf

 

(FYI an I-290B motion to re-open is $675, with no guarantee on how long it will take, or that it will even work).

 

12 minutes ago, zhettezkhy1218 said:

 I currently just moved to other states, and currently just applied job. I had stamped in my passport showing the extension of my application was pending but this is going to be expire soon.Now the application is denied it will not gonna help me much if I show to the new employer right? And the stamped was the only card I hold to let them know I am allowed to work here. 

 

 

Do you have a current state ID and unrestricted social security card? If so, you fulfill the I-9 requirements for documents to show to an employer here: https://www.uscis.gov/i-9 .

If you don't have state ID and an unrestricted SS card, and nothing else on that list works,  then after you have refiled , then get the I-551 stamp as outlined in my prior post as proof of status for another year.

 

12 minutes ago, zhettezkhy1218 said:

  Do I need the affidavit of support from my fiance? 

 

No. Your present problem and I-751 is concerned only with the marriage from which you gained your permanent residence. Even though your ex spouse removed their support from the joint petition and you are divorced, they are still on the hook for their I-864 affidavit of support.

 

 

Edited October 21, 2017 by mindthegap

[zhettezkhy1218 0]

You're saying it is okay to get married and reapply for I-751 with divorce waiver?? What are the other requirements to reapplying I-751? I just don't wanna miss any of the documents that I need to submit along with the form I-751?? In getting married and reapplying the I-751 again with the divorce waiver does it will affect the process?? There is a lot of question I want to ask before submitting the application. In my head all I will going to submit are: form-751, the filing fee, divorce waiver and the copy of the denial letter?? I changed my last name when I got married and changed it back when I divorced my ex spouse, and when I get apply I-751 and get married would they question me about keeping changing last name? what are the best thing to do on this issue?? I just don't wanna make a mistake for reapplying I-751. Please let me know what else I need to do? Can I apply I-9 with the form of I-751??

[zhettezkhy1218 0]

Getting an immigration attorney cost a lot.. Would you advise to hire a lawyer?? the divorce of waiver how do it look like?