i-751 Divorce Waiver Denied

[beso36 2]

If anyone can advise it would be really helpful.

Yesterday my lawyer informed that my case i751 was denied to lack of evidence for a short story I had been married in 2014 for less than 2 years then got divorced for marital issues at 2016 so I had to file a divorce waiver However I got married after in 2017 again to a different person. Now, id on;t have too many options I see a lot of people talking about IJ  but my previous lawyer advised to have my wife file for me new i130. I started to get concerned about the whole case. Can I get some advice Please?

[Mellisa 36]

So you remarry before your i751 was adjudicated?

[beso36 2]

32 minutes ago, Mellisa said:

So you remarry before your i751 was adjudicated?

Yeah , I did marry again after my 2 year GC and before my I751 filing

Edited August 12, 2018 by beso36

[NikLR 13,227]

Seems like your lawyer is on the right path since your I-751 waiver was denied. 

[ApplyingforN400 126]

You are a permanent resident in the system until a judge says otherwise. 

 

Which means you cant file a new I130. Your second marriage has zero relevance to your immigration for now. Right now you need refile a new i751 waiver with better evidence, hope for an interview where you can plead your case or hope it gets approved with better documents. (Texts, emails, anything that could push it to the green)

 

If not, you’re going to have to wait for the judge to decide your case, your second marriage wont come into play until this point.  

[beso36 2]

4 hours ago, ApplyingforN400 said:

You are a permanent resident in the system until a judge says otherwise. 

 

Which means you cant file a new I130. Your second marriage has zero relevance to your immigration for now. Right now you need refile a new i751 waiver with better evidence, hope for an interview where you can plead your case or hope it gets approved with better documents. (Texts, emails, anything that could push it to the green)

 

If not, you’re going to have to wait for the judge to decide your case, your second marriage wont come into play until this point.  

I am not sure  you are correct , I read some posts about this in the forums and also it’s depend on the reason. Please,Don’t answer if you don’t know. It’s alreay frustrating time for any one in this situation

[Villanelle 4,122]

6 hours ago, ApplyingforN400 said:

You are a permanent resident in the system until a judge says otherwise. 

 

Which means you cant file a new I130. Your second marriage has zero relevance to your immigration for now. Right now you need refile a new i751 waiver with better evidence, hope for an interview where you can plead your case or hope it gets approved with better documents. (Texts, emails, anything that could push it to the green)

 

If not, you’re going to have to wait for the judge to decide your case, your second marriage wont come into play until this point.  

Generally you are a LPR until a judge says otherwise however conditional GCs are treated differently then unrestricted 10yr GCs. 

 

If or when USCIS denies a 751 your status is immediately terminated and you are sent to removal proceedings in court. You can not appeal. The judge will review the denial and USCIS has to prove they were correct in denying you. So when your 751 is denied the first thing you should do is file another one because you have no status and refiling will put you back in 'authorized stay' until its approved (and you can keep working).

 

Now I know this makes no sense. If your status is terminated then how are you able to refile? Its because the law allows you to file/refile (repeatedly if needed) the 751 up to a removal order being issued. Does that make sense?

 

For the OP- Im sorry you are going through this. An attny will be helpful to you.

 

You were just denied yesterday. So you are now out of status/no work auth. You need to file something if you want to remain in the US. USCIS's policy is once denied the 751 they send you a letter explaining why and send you to court. The letter can take up to 30 days to get but you should get it sooner. (unless your attny already got it) Then you wait for the NTA. (notice to appear). You MUST appear. But be advised it can take them a long time to send a NTA or it can come quickly. There is no min or maximum timeframe for them to get the NTA to you.

 

In court you can renew your 751 and the judge will review it and if you are successful it will get sent back to USCIS for approval. (judges cant adjudicate 751s)  If you are unsuccessful removal proceedings will go forward and you can request them to be stopped due to the fact that you are eligible (and applying for) another benefit (marriage AOS).

 

If you choose not to purse the 751 renewal in court basically skip the first sentence of the last paragraph. File the 130 packet. Removal proceedings will go forward and you need to get them stopped to proceed with AOS.

 

Court proceedings can take years to be resolved.

 

You do need to be aware that if you file for AOS after a 751 denial you have to prove BOTH marriages were legit to get approved for the new AOS.  They do not allow a new marriage/AOS to be used as a work around for a 751 denial. So remarriage does not make the problem go away.

 

If you were denied the 751 because of fraud or suspected fraud you will not be able to AOS. If it was denied because of lack of evidence you need to overcome this and prove the marriage was legit (and then prove the new marriage is legit)

 

This is just general info. An attny can review your case and advise you of the best path to take.

 

[Diane and Chris 651]

5 hours ago, beso36 said:

I am not sure  you are correct , I read some posts about this in the forums and also it’s depend on the reason. Please,Don’t answer if you don’t know. It’s alreay frustrating time for any one in this situation

Please don’t post here if you don’t want advice. We are not attorneys. We are simply giving advice based on our experiences and research. Perhaps you should have seeked advice (whether legal or on this forum) before you remarried in such a short time.  Good luck!  

[beso36 2]

57 minutes ago, Diane and Chris said:

Please don’t post here if you don’t want advice. We are not attorneys. We are simply giving advice based on our experiences and research. Perhaps you should have seeked advice (whether legal or on this forum) before you remarried in such a short time.  Good luck!  

Thanks for your reply but I don’t think you have any rights to tell me what to do. Yeah, I am looking for advice from people who knows the facts or tell me about similar experience. The reply above wasn’t an experience or a fact, So from my little understanding if I am not sure about something , i don’t state it as facts. Also you are not in my shoe so don’t judge what you don’t know.

Edited August 12, 2018 by beso36

[beso36 2]

3 hours ago, Damara said:

Generally you are a LPR until a judge says otherwise however conditional GCs are treated differently then unrestricted 10yr GCs. 

 

If or when USCIS denies a 751 your status is immediately terminated and you are sent to removal proceedings in court. You can not appeal. The judge will review the denial and USCIS has to prove they were correct in denying you. So when your 751 is denied the first thing you should do is file another one because you have no status and refiling will put you back in 'authorized stay' until its approved (and you can keep working).

 

Now I know this makes no sense. If your status is terminated then how are you able to refile? Its because the law allows you to file/refile (repeatedly if needed) the 751 up to a removal order being issued. Does that make sense?

 

For the OP- Im sorry you are going through this. An attny will be helpful to you.

 

You were just denied yesterday. So you are now out of status/no work auth. You need to file something if you want to remain in the US. USCIS's policy is once denied the 751 they send you a letter explaining why and send you to court. The letter can take up to 30 days to get but you should get it sooner. (unless your attny already got it) Then you wait for the NTA. (notice to appear). You MUST appear. But be advised it can take them a long time to send a NTA or it can come quickly. There is no min or maximum timeframe for them to get the NTA to you.

 

In court you can renew your 751 and the judge will review it and if you are successful it will get sent back to USCIS for approval. (judges cant adjudicate 751s)  If you are unsuccessful removal proceedings will go forward and you can request them to be stopped due to the fact that you are eligible (and applying for) another benefit (marriage AOS).

 

If you choose not to purse the 751 renewal in court basically skip the first sentence of the last paragraph. File the 130 packet. Removal proceedings will go forward and you need to get them stopped to proceed with AOS.

 

Court proceedings can take years to be resolved.

 

You do need to be aware that if you file for AOS after a 751 denial you have to prove BOTH marriages were legit to get approved for the new AOS.  They do not allow a new marriage/AOS to be used as a work around for a 751 denial. So remarriage does not make the problem go away.

 

If you were denied the 751 because of fraud or suspected fraud you will not be able to AOS. If it was denied because of lack of evidence you need to overcome this and prove the marriage was legit (and then prove the new marriage is legit)

 

This is just general info. An attny can review your case and advise you of the best path to take.

 

Thanks for the detailed explanation, I am not sure about the renewal yet , but I think the lack of evidence last time could be covered with the new AOS and I do have evidence for both marriages and will make sure to bring every little detail this time.

thanks again

[Villanelle 4,122]

Why are you unsure about a renewal? Do you mean asking for one and trying to get the ROC adjudicated again? Or do you mean submitting another ROC now? You do realize you are out of status and can be detained at any time.

[beso36 2]

7 minutes ago, Damara said:

Why are you unsure about a renewal? Do you mean asking for one and trying to get the ROC adjudicated again? Or do you mean submitting another ROC now? You do realize you are out of status and can be detained at any time.

I am not sure if I can file another 751 with USCIS

[Villanelle 4,122]

22 hours ago, beso36 said:

I am not sure if I can file another 751 with USCIS

Im not trying to be snarky but why are you not sure if you can file another 751? I just told you you can... 

 

So either you dont 100% believe me (and thats understandable this is a free public forum and not paid legal advice) or you have some other kind of unknown issue you didnt disclose that could possible prevent another filing.

[Montu.developer 8]

Hi,

 

I would suggest you to hire a lawyer. Lawyer could provide you more information. 

 

1) What was your filing date?

2) Did you receive an RFE earlier?

 

 

[beso36 2]

8 hours ago, Damara said:

Im not trying to be snarky but why are you not sure if you can file another 751? I just told you you can... 

 

So either you dont 100% believe me (and thats understandable this is a free public forum and not paid legal advice) or you have some other kind of unknown issue you didnt disclose that could possible prevent another filing.

I believe you but I already filed divorce waiver and if i will refile another i751. it will be under the same grounds and the reasons and evidence will be the same.

I just worried about being denied again. that's all. 

BTW, i don't have other issues