Jump to content

19 posts in this topic

Recommended Posts

Posted (edited)

Hi there, first time poster.  I came to the US on a K1 VISA, and have fulfilled all my immigration requirements up until now.  I'm ready to submit my I-751, but have an unusual case and wanted some people's opinions.  My K1 wife and I were married and divorced before the I-485 interview, so when that interview happened I attended alone and mostly just handed over evidence to show my bona fide relationship and reasons for divorce.  It was a very short interview and they issued me a conditional 2-yr Green Card a month later.

 

Now it's two years later and I am ready to file my I-751.  I hired a lawyer for the I-485 interview and to help prepare all my evidence, and they were very helpful, but to hire a lawyer for the I-751 would cost me $1900, plus the USCIS $680 fee.  It would take me a long time to earn that money, so I'm wondering if I can go this alone, without a lawyer.  I understand the main purpose of the I-751 is to review the relationship again.  I haven't had any more contact with my ex-wife, so my evidence of a bona fide relationship would be the same as from the I-485 interview.

 

I was wondering:

  • Should I do the I-751 by myself, without a lawyer?
  • Should I just provide the same evidence that was approved previously?  Is it likely that they will approve me again based on previous approval?

 

Thanks for all your help.

Edited by Coloradan
Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted
39 minutes ago, Coloradan said:

My K1 wife and I were married and divorced before the I-485 interview, so when that interview happened I attended alone and mostly just handed over evidence to show my bona fide relationship and reasons for divorce.  It was a very short interview and they issued me a conditional 2-yr Green Card a month later

I'm little bit confused about this.

Posted
37 minutes ago, H&T said:

I'm little bit confused about this.

Sorry, here's my timeline:

 

2016: Living together in my country

2016 Dec: Come to live in USA together, she sponsored my entry on K1

2017 Jan: Get married

2017 Mar: File I485

2017 Oct: Divorced and separated

2018 Jun: I485 interview, attended alone

2018 Jul: Green Card issued

Posted

Honestly, never heard of a case like this but since they have approved your i-485, I guess my steps would be the following:

1. File i-751 with divorce waiver. Attach your divorce decree + all evidence of bona fide marriage.

2. Explain the situation at the interview.

 

P.s. I would still get a lawyer, just in case.

Posted (edited)

Also confused as to why/how they approved your I-485 when already divorced...but...

 

10 hours ago, Colden said:

Should I do the I-751 by myself, without a lawyer?

A lawyer won't speed it up in any way...  It isn't a hard form, so if you feel you can file without, then yes. You can always get a lawyer at a later date should you encounter any issues or need any advice.

 

10 hours ago, Colden said:

Should I just provide the same evidence that was approved previously?  Is it likely that they will approve me again based on previous approval?

It won't hurt....but they usually want to see evidence of a bona-fide relationship post-becoming a permanent resident......which might be tricky given you were already divorced before that!?

In your case I would enclose every single thing that shows it was a legit relationship & marriage.

 

Do not forget to enclose a copy of your final divorce, and to tick the divorce waiver box.

 

Also: since you are filing your I-751 solo, you can file at any time....you do not have to wait until the 90 day period preceding the 2nd anniversary, so you could file immediately if you wanted.

Edited by mindthegap

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

Posted

I guess everyone on this forum will share the same question of how did they approve it? This is honestly the first time I read about I-485 being approved at interview with a divorce decree. I know you can get divorced or separated after the interview and get approved, but not the other way around. My only concern for you is they might have approved your I-485 by mistake since it also doesn't make sense to give you CGC with a divorce knowing that there is no more evidence to provide two years later (Yup, that does happen sometimes).

 

I think you might need a lawyer now just in case things go wrong so you can have someone familiar with the case to act quickly, and maybe help you prepare you package since your situation is really unusual, but otherwise, you should be able to file alone. Or, at least get a second legal opinion before you send you package ( just get a consultation not necessary a retainer)

 

Keep us posted, this is really a fascinating case. 

 

Good luck!

 

Filed: Citizen (apr) Country: Brazil
Timeline
Posted (edited)

Because of the very short ten-month marriage and unusual circumstances of the AOS approval (after divorce), be prepared for additional scrutiny of your brief marriage relationship.  I would suggest that you dig deep and find any little bit of additional evidence from the period of marriage, from January to October 2017, and prepare the strongest case that you can that the marriage was bona fide for that ten month period.  Bank records, joint credit card accounts, lease, memberships, driver's licenses, will, living will, power of attorney, jointly-owned property, health insurance, auto insurance, etc. showing both of your names from that time frame, same mailing address.  Find whatever you can and add it to all the evidence you already submitted for AOS and submit it all for the ROC.  They can revoke your LPR status at the ROC stage (or even at the naturalization stage) if they feel that there is anything amiss in your case, so a strong package of documentary evidence that demonstrates for the short time of your marriage it was real should help you get through successfully.  Good luck!

Edited by carmel34
Filed: Citizen (apr) Country: Canada
Timeline
Posted

Unless the OP had their i-485 self-petitioned with VAWA?

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

Filed: Citizen (apr) Country: Australia
Timeline
Posted
5 hours ago, geowrian said:

Matter of Sesay allows a divorce and to still have the I-485 approved.

Rare, but it happens. It does require that the I-864 from the original petitioner remains in place. Given that the interview was a solo interview, it's odd they didn't request a new I-864 to make sure the former spouse still wanted to proceed with the commitment (and it would be interesting to see if somebody ever tried to enforce the I-864 here).

Just read this - it's fascinating and I'd never heard of a case like this until now. Thanks for bringing it to our attention.

Link for anyone interested: https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3707.pdf

 

"We determine that a fiancé(e) visa holder is eligible to adjust under section 245(a) of the Act if, at the time of adjustment, the applicant can demonstrate that he or she entered into a valid marriage to the fiancé(e) petitioner within the 90-day period, provided that the requirements of section 216 do not apply. The statute does not require that the marriage exist at the time that the application is adjudicated outside the section 216 time frame. Also, a divorce before adjustment does not terminate the underlying I-129F petition. Like other adjustment applicants, the fiancé(e) must establish that he or she is admissible to the United States and that adjustment should be granted in the exercise of discretion."

K1 to AOS                                                                                  AOS/EAD/AP                                                                    N-400

03/01/2018 - I-129F Mailed                                              06/19/2019 - NOA1 Date                                              01/27/2023 - N-400 Filed Online

03/08/2018 - NOA1 Date                                                    07/11/2019 - Biometrics Appt                                   02/23/2023 - Biometrics Appt
09/14/2018 - NOA2 Date                                                    12/13/2019 - EAD/AP Approved                               04/03/2023 - Interview Scheduled

10/16/2018 - NVC Received                                              12/17/2019 - Interview Scheduled                          05/10/2023 - Interview - APPROVED!

10/21/2018 - Packet 3 Received                                      01/29/2020 - Interview - APPROVED!                  OFFICIALLY A U.S. CITIZEN! 

12/30/2018 - Packet 3 Sent                                               02/04/2020 - Green Card Received! 

01/06/2019 - Packet 4 Received                                     ROC - I-751

01/29/2019 - Interview - APPROVED!                           11/02/2021 - Mailed ROC Packet

02/05/2019 - Visa Received                                             11/04/2021 - NOA1 Date

05/17/2019 - U.S. Arrival                                                     01/19/2022 - Biometrics Waived

05/24/2019 - Married ❤️                                                    02/04/2023 - Transferred to New Office

06/14/2019 - Mailed AOS Packet                                     05/10/2023 - APPROVED!

Filed: Citizen (apr) Country: Ukraine
Timeline
Posted
6 hours ago, geowrian said:

Matter of Sesay allows a divorce and to still have the I-485 approved.

Rare, but it happens. It does require that the I-864 from the original petitioner remains in place. Given that the interview was a solo interview, it's odd they didn't request a new I-864 to make sure the former spouse still wanted to proceed with the commitment (and it would be interesting to see if somebody ever tried to enforce the I-864 here).

Yes Matter of Sesay allows for it to happen but it is rare.  I actually pulled up the case as the lawyer in me wanted to read it.  

 

Sesay had already re-married and the court took that into consideration even though it was being adjudicated under the first spouse.  Also, it is emphasized that there are certain factors, including whether there was abuse or deception in the relationship, that should be taken into account in the discretionary analysis of whether to grant adjustment of status for a K-1 beneficiary after the marriage has been terminated.  It didnt apply in Sesay but it said those are matters that the court can consider.

 

Finally, this was all done via an immigration judge and its not a DIY type of thing.

 

Posted
23 minutes ago, GP1977 said:

Yes Matter of Sesay allows for it to happen but it is rare.  I actually pulled up the case as the lawyer in me wanted to read it.  

 

Sesay had already re-married and the court took that into consideration even though it was being adjudicated under the first spouse.  Also, it is emphasized that there are certain factors, including whether there was abuse or deception in the relationship, that should be taken into account in the discretionary analysis of whether to grant adjustment of status for a K-1 beneficiary after the marriage has been terminated.  It didnt apply in Sesay but it said those are matters that the court can consider.

 

Finally, this was all done via an immigration judge and its not a DIY type of thing.

The remarriage was actually not factor in the decision to allow the I-485 to proceed or not. It was a factor for components in which the IO's decision merits discretion (as is pretty much everything).

The consideration of abuse or deception applies the same way.

 

In Sesay the original I-485 was denied due to having divorced, which is why it went to court to challenge that reason for denial. Since that ruling, there is precedent for approval with a divorce. Obviously if there are other negative factors, that would come into play for a future case in USCIS were to deny.

Yup, not a DIY case. It appears the OP had a lawyer for the I-485, as I would advise anybody trying to go the Sesay route.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted (edited)

Thanks for the responses all.

 

In those early stages, I was not sure if I could stay in USA at the time (Google results suggested there was no way), but a lawyer friend told me to go see an immigration attorney, and I did.  They advised that I had a case, so long as I had ticked all the boxes and my relationship was bona fide.

 

I had all the evidence of a relationship one would have when they've lived together overseas for almost a year, e.g. integrated family/friend lives, finances, photos, etc.

 

My question is, since the relationship was proven bona fide at the i485 stage, would it be advisable to avoid the lawyer fees (effectively droppong my total cost from $2580 to $680), and simply submit the same evidence presented (and accepted) at the i485 stage?  Then all I'd need to submit is the i751, the fee, and a cover letter.

 

I've settled in the US and made my life here, and I don't want to risk that.  In the long scheme of things, I can weather this cost, but it's a huge chunk of change for someone like me that I'd rather not waste (if indeed it is a waste).

 

Thanks all.

Edited by Colden
Filed: Citizen (apr) Country: Brazil
Timeline
Posted
30 minutes ago, Colden said:

 

I had all the evidence of a relationship one would have when they've lived together overseas for almost a year, e.g. integrated family/friend lives, finances, photos, etc.

 

My question is, since the relationship was proven bona fide at the i485 stage, would it be advisable to avoid the lawyer fees (effectively droppong my total cost from $2580 to $680), and simply submit the same evidence presented (and accepted) at the i485 stage?  

We see loads of people getting RFEs because they have NOT submitted enough evidence of bonafide marriage for ROC. I have asked before but got no answer: what exactly did you send for your AoS? Joint bank accounts? Wills? Shared lease agreement? Joint health insurance? 

 

Hard to predict whether what you have is sufficient or not, when we don't even know what exactly you are planning to send for starters.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...