I - 751 Denied Twice!! what to do and next options.

[OyameCanto 0]

Hi Everyone,

 

So my case is complicated, my i751 was denied twice, i received the NTA and i'm just about to go to my first hearing before the master hearing. So basically my question, can file a new i130 and i485 with my current wife. My first marriage was not good and ended up being toxic, i used the abuse waiver but uscis denied it. I saw that on November 2019; uscis changed//modified they rule to make a better understanding of when one can adjust his/her status with a denied i 751. The memo pretty much, to my understanding, stated that one does not have to go to court to get they I751 denial reaffirmed but if they are eligible to adjust their status they can. I was wondering if i qualify and should i be able to adjust my status or go to court and take my chances with it. @mindthegap  @Villanelle @sandranj let me know what u guys think. Any suggestions would be helpful.

 

 

 

[canadian_wife 1,818]

Why was the I751 denied twice?

 

Good luck 

[OyameCanto 0]

Pretty much didn't have sufficient material to justify my marriage.... My marriage was toxic and it ended horrible, the wife insinuated somethings that were not true that made my case complicated. So now i wanna do a new AOS.

[Crazy Cat 41,601]

31 minutes ago, OyameCanto said:

Pretty much didn't have sufficient material to justify my marriage.... My marriage was toxic and it ended horrible, the wife insinuated somethings that were not true that made my case complicated. So now i wanna do a new AOS.

Very, very few I-751s are actually denied.  Divorce waiver cases are approved every day.  There must be more to the story. This is probably a case for a very good attorney.  Good luck in court.

Edited May 8, 2021 by Lucky Cat

[Villanelle 4,122]

https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20191121-CPRs-Stockwell.pdf

 

You are understanding the memo correctly. You should be able to file an AOS package based on your new marriage and they can approve it so the question is not "can they" but "will they". So will they? I dont know. No one does. An attny should be able to review the specifics in your case and advise you on whats best. Just remember filing a new AOS does not make the previous issues go away. You must establish the first marriage was in good faith/legit. You can do so through getting the 751 approved or you can pursue a 485 with the new spouse in which you would have to establish both the new marriage is legit as well as the previous. Whenever a marriage occurs that is subsequently used as a path to obtain benefits when the immigrant has been struggling to obtain benefits on a different path is going to automatically be looked at with suspicion. That doesnt necessarily mean you shouldnt use the new marriage path- an attny needs to review the specific details on your case and should offer you a simple explanation on which path is better for you. Once they do you can post back what path they advised you to take and why and users can offer limited comments and opinions on what you are being told. 

 

[mindthegap 2,589]

Your understanding of it is correct - you can do an I-485 upon receiving the denial notice. Previously you had to go all the way to court for a final order of removal, which is still the point that your PR status is legally and formally terminated, but the recent changes eliminate the need for that - you can do it once you receive notification of a denial, without the need for the court bit.

 

 

11 minutes ago, Villanelle said:

Just remember filing a new AOS does not make the previous issues go away. You must establish the first marriage was in good faith/legit. You can do so through getting the 751 approved or you can pursue a 485 with the new spouse in which you would have to establish both the new marriage is legit as well as the previous. 

 

That requirement has been nixed. Previously, if you obtained a Conditional GC via marriage and failed to file or be approved for ROC, you could not adjust to a new GC based on a new marriage - once your status was terminated by a judge for failure to file/ denial of ROC, you were deportable and that was that. You had to lose your status, be removed/voluntary removal, and then file for a new spousal GC from OUTSIDE of the US.

This update on policy changes that - you can now have your status terminated for failure to file/ denial, and then you CAN adjust status based on a new marriage, by filing a new I-485, WTHOUT having to leave the US, and can effectively forget all about the first marriage and having to ROC for the first marriage. Time spent for the conditional GC is forgotten, and your new 'resident from' date is as of the new I-485 approval date. 

This is a HUGE change.

Section G here clarifies a little better:

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-7

 

Of course have no doubt they will give extra scrutiny because of the prior history, but it's a big and welcomed change nonetheless.

 

Also see:

Matter of Stockwell:

https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20191121-CPRs-Stockwell.pdf

 

https://www.uscis.gov/news/alerts/uscis-issues-guidance-on-adjustment-of-status-by-aliens-whose-conditional-permanent-residence-has

 

https://www.justice.gov/sites/default/files/eoir/legacy/2012/08/14/3150.pdf

 

 

44 minutes ago, Lucky Cat said:

Very, very few I-751s are actually denied.  Divorce waiver cases are approved every day.  There must be more to the story. 

It happens. I can certainly attest to that. 

Edited May 8, 2021 by mindthegap

[Boiler 45,311]

Why did you file for an abuse waiver and not a divorce waiver?

[OyameCanto 0]

Hey @mindthegap and @Villanelle and everyone else who posted,

 

Thanks for your thoughts. I just wanted to clarify how to interpret that memo, but like you said villanelle, its comes down to ,will they do it or will they not do it. It seems that they just amended that policy so i don't know if any cases already did that process after that memo.  As of my case, I'll discuss with the lawyer.... from my perspective I wanna go with the new AOS because the i751 is tainted and personally I feel like filing a third one would be pointless at this point. I would rather file the i485 early than wait for the court case which might take years, and when they finally approve or deny the case, i would have to  file the i485 at that time with me being in proceeding and it might be taken as relief.

 

But we'll see after i meet with my lawyer and weigh the pros and cons.

 

Thank u and shout out to Visa Journey for all the forums. THEY HELP alot lol.

[mindthegap 2,589]

1 hour ago, OyameCanto said:

from my perspective I wanna go with the new AOS because the i751 is tainted and personally I feel like filing a third one would be pointless at this point.

Honestly, I'm sat here in the middle of a pile of thousands of pieces of paperwork putting the final touches to my third I-751 and I sorta feel the same - it is tainted, as it seems once they have it in their head, that is that. So much for innocent until proven guilty. 

 

 

 

Edited May 8, 2021 by mindthegap

[Boiler 45,311]

If I was not clear most people file with a Divorce Waiver, seems a much simpler option.

[Nitas_man 3,100]

11 hours ago, OyameCanto said:

Pretty much didn't have sufficient material to justify my marriage.... My marriage was toxic and it ended horrible, the wife insinuated somethings that were not true that made my case complicated. So now i wanna do a new AOS.

What did your wife insinuate?

You filed abuse waiver?  Is it possible you failed to prove that you were abused?

[Ryan H 3,812]

Moved from IR-1/CR-1 Progress Reports to Removing Conditions on Residency Discussion.

[Salva 4]

On 5/9/2021 at 1:13 AM, Ryan H said:

Moved from IR-1/CR-1 Progress Reports to Removing Conditions on Residency Discussion.

 

On 5/8/2021 at 6:48 AM, OyameCanto said:

Hi Everyone,

 

So my case is complicated, my i751 was denied twice, i received the NTA and i'm just about to go to my first hearing before the master hearing. So basically my question, can file a new i130 and i485 with my current wife. My first marriage was not good and ended up being toxic, i used the abuse waiver but uscis denied it. I saw that on November 2019; uscis changed//modified they rule to make a better understanding of when one can adjust his/her status with a denied i 751. The memo pretty much, to my understanding, stated that one does not have to go to court to get they I751 denial reaffirmed but if they are eligible to adjust their status they can. I was wondering if i qualify and should i be able to adjust my status or go to court and take my chances with it. @mindthegap  @Villanelle @sandranj let me know what u guys think. Any suggestions would be helpful.

 

 

 

Wouod you be able to tell what route did you went? Did you file 3rd I-751 and that too based on abuse or divorce? Or you went to the court and got it approved from there? Please update as it may help those who are in similar situation. Can you also tell me what evidence you had for abuse?  My I-751 was recently denied and I am planning to go for divorce wavier now. Also I am yet to receive the denial letter. 

[Crazy Cat 41,601]

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