Removing Residence

[nightingalejules 678]

1 hour ago, zhettezkhy1218 said:

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??

I think what he is saying is that your upcoming marriage is irrelevant. Your lawyer was giving you bad advice to marry and file AOS. You can marry if you want, but AOS at this point is not the right thing to do.

 

So here's the thing. I understand why you're panicking. I would be too in your position. Try to be calm and process the information you're getting in this thread. But also do your own research. Use the search bar in the top right corner to see if you can find the answers to your questions yourself. Here are my suggestions.

 

About the Removal of Conditions (I-751)

1. Calm down, please, and re-read all the (great) advice that @mindthegap has given you.
2. If you hire a lawyer (which you likely don't need to do as long as you have not received a court date) do not hire the lawyer who gave you the bad advice about filing AOS. That lawyer is incompetent.
   1. You can do this yourself, as long as you stay calm and read through all the applicable threads on VisaJourney. 
3. Immediately file a second I-751 with the divorce waiver.
   1. Yes it is ok to do that even if you remarry because your upcoming marriage is irrelevant to this process. 
   2. As @mindthegap stated several times, your I-751 only refers to the marriage through which you got your conditional green card.
   3. Read the instructions for filling out the form carefully
   4. Read the guides on VisaJourney regarding what specific documents you need to send.
   5. Don't forget to include the check! (yes, you need to pay again)
4. Once you receive the letter that says your application has been accepted, make an Infopass appointment to get another stamp in your passport.
   1. This will act as a one-year greencard while they process your new application. 
   2. If it is about to expire, make another infopass appointment and get another stamp.

About Work and the I-9

1. Do you have a valid driver's license and an unrestricted Social Security Number?
   1. If so, and you are starting a new job and have to fill in an I-9 form for the government, use those two documents instead of your green card. An employer must accept them and is not allowed to insist on seeing your green card.
   2. If not, then you will not be able to provide proof of your status until you have:
      1. Filed I-751
      2. Received the letter acknowledging USCIS' receipt of your I-751
      3. Gone to an InfoPass and gotten a new stamp - then use that instead of a valid green card.

 

[zhettezkhy1218 0]

The denial letter also contain that I can not appeal to the decision that they made. It also says 'a notice to appear shall be issued placing you under removal proceedings, and may seek a review of the decision to terminate the status in such proceedings' this sentences is I do not understand. what it means? 

[mindthegap 2,599]

31 minutes ago, zhettezkhy1218 said:

The denial letter also contain that I can not appeal to the decision that they made. It also says 'a notice to appear shall be issued placing you under removal proceedings, and may seek a review of the decision to terminate the status in such proceedings' this sentences is I do not understand. what it means? 

It means exactly what I already posted - that following the notice of denial, an NTA will be issued at some point, which is a notification of a court date with an immigration judge. Whatever decision a judge makes may be appealed.

 

 

 

Look mate, I will be blunt.

I am saving you an awful lot of work and potential lawyers fees, as pretty much exactly the same thing happened to me in the last few weeks, and I spent 72hrs solid frantically researching, speaking to people, and preparing a new I-751, as well as being physically sick, with thoughts of topping myself, or just leaving the country for good and giving up.

Within 96hrs of receiving my denial notice, I had submitted a new I-751, I now have my new receipt number, and have been to an infopass for a new I-551 stamp.

 

 

 

I am not making this advice up for fun or some speculation - this is based on my direct recent experience in near identical circumstances - a situation which (fortunately), few people on here have experienced.

You can either take my advice or leave it, but every day you leave this, is another day that an NTA may be issued and appear in your mailbox.

Once an NTA has been issued, you can still file an I-751 and you cannot be issued a final order of removal until is is it is adjudicated until , but,  your I-751 decision will then be expedited.

Once a final order of removal is made, you cannot file an i-751 as you are no longer a lawful permanent resident.

 

 

Your new possible marriage has no bearing on this current matter whatsoever, so get married or don't get married, the choice is yours.

As previously posted, just file an I-751 with the box ticked for divorce waiver, enclose a copy of your final divorce decree, your cheque, and a cover letter. Evidence is not important at this time, and all previous I-751 filing are available to the adjudicating officer and have to be viewed and referenced when adjudicating.

 

Be under no illusions, this is an extremely serious situation and requires your immediate attention.

Edited October 21, 2017 by mindthegap

[zhettezkhy1218 0]

I do believe you since I got your first comment in my concerned case. I actually getting it all done to send by monday morning and I will make sure to do it as a priority mail. I really appreciate you so much for taking your time reading all my panicking question over and over and all giving me so much informative advice. I am now much more calm and still tears in my eyes that I don't have any idea from the first time I received the denial letter of what I have need to do next.. I more confident to do what you have shared information with me than listening to that lawyer that all I got was bunch of calculating fee of how much I going to pay him and bunch of scary words. I really appreciate you so much,. Thank you so much for all the response you have made for me.

[zhettezkhy1218 0]

I have one more question please. Since I recently got remarried should I use my new last name on the application in I-751???

[javadown2 308]

Haha, that is funny...after all the "is it ok to get married now" you already did get re-married....well good luck with your I-751, hope it works out for you. It really is nice to have VJ here for help, so much information to be found for any situation!

[Starkilla09 366]

4 hours ago, zhettezkhy1218 said:

I have one more question please. Since I recently got remarried should I use my new last name on the application in I-751???

You can use this new last name only if it has been legally changed. On the I-751 form you’ll have other boxes to put all other names you’ve ever used as well.

 

[caliliving 606]

You have been given SO MUCH GOOD ADVICE but you are not listening! also, you did not tell ANYONE here you got remarried!

 

let me ask you, did you divorce before you got remarried???? hmmm:/ seems like you have dug yourself an even bigger hole!!!  

 

you need to explain exactly what you did! everyone here is so helpful and understands immigration better then 90% of lawyers! plus, their is a search button at the top right corner! use it!

 

so now you are married, and you also never divorced your first spouse.  you have problems 

[Going through 5,671]

@zhettezkhy1218 you need to be a bit more forthcoming with information so that you can receive the best advice we can give you in this thread.  

 

Can you clarify a couple of confusing points:

 

1) You kept asking "is it ok if I remarry" and in your original post saying you are "close to marriage" with the 2nd man, and referred to him in this thread as your "fiance"....but then a few hours later said you have "recently got remarried."---- as mentioned by myself and others in this thread the new marriage is irrelevant to you re-filing the i-751, however for clarity's sake it would help if you can confirm whether you are legally remarried now or not?

 

2) You referred to your 1st man as your "ex-husband" in this thread....but then said in another post that you "separated" from your 1st man and met the 2nd man. Are you actually legally divorced from your first husband now? 

 

 

[Going through 5,671]

Ran out of time to edit my  previous post---

 

When you refile the i-751, you will need to include a copy of the final divorce decree...since you have remarried (or maybe not?) I assume you have that already in your hands.

[zhettezkhy1218 0]

My apology for my shortcomings everyone. I didn't mean to confused anyone. Yes I was separated for 2 years. But I didn't divorce him until this year because was saving money from working 2 jobs so I can pay a lawyer on my own. July when my divorce finalized. September when I talked to an officer in immigration and that only time they told me that my application was denied. The next week of that I got the letter of denial. At the same week we talked to an immigration lawyer and he kept telling us to marry the fiance. And that is what we are planning to do. He also said do it as soon as possible. So we planned to do it next week. 

 

Now that I got a better answers to all my questions and thank to all of you here for helping me so much. Filling up the form is a bit confusing since the last time I did it was 2014. Please don't get me wrong. I'm already calm when I get all the answers. I do listen to what you all given me advice. And I'm so sorry for, I not trying to confused anyone. Hope you all understand. And thank you so much for all the advice.. Next week also I'll submit the application. I am so very relief from all of your advice than I get from the lawyer. 

[Going through 5,671]

12 hours ago, zhettezkhy1218 said:

Since I recently got remarried should I use my new last name on the application in I-751???

 

29 minutes ago, zhettezkhy1218 said:

At the same week we talked to an immigration lawyer and he kept telling us to marry the fiance. And that is what we are planning to do. He also said do it as soon as possible. So we planned to do it next week. 

Ok so you're NOT married right now----do NOT use your future husband's last name on the new application since you are NOT legally using that as your last name yet.

 

 

[zhettezkhy1218 0]

@Goingthroughthepr thank you so very much! You save me. Thank you again.. Have a great day and God bless. 

[NikLR 13,231]

Lets be honest too, DON"T GET REMARRIED RIGHT NOW.... Lord almighty, it can wait!   Since you do not need to AOS like the dumb lawyer told you, and you need to concentrate on this I-751, quit adding more things to your pile!!!  Unless you have some elaborate wedding already planned with money you can't get back, I don't understand why you're even bothering getting married right now when you're on the verge of going in front of an immigration judge you may tell you that you have to leave!   Stop with this wedding and concentrate on keeping yourself here and the new I-751.  Until you've mailed that, I wouldn't even be thinking about getting married again. 

[zhettezkhy1218 0]

Okay. I'll do what you adviced me. Thank you so very much. It clarifies everything from all of you here helping me.