I-751 denied, what's next?

[zacharynsw 2]

I'm still shocked and after spending a few days killing myself in my thoughts, I decided to ask for help.

I also wanted to ask people not to judge my relationship because I already have too many people telling me I told you so

 

I've been married to a US citizen since 2017 and got my green card in 2018. The guy has been an (removed) to me for a long time now and I've put up with it all in silence. He had already committed all kinds of nonsense to me but I stayed there, fighting for something that didn't exist.

 

01 month ago we received the letter with the date of the interview for the second green card,

 

1 week before the interview, in an angry attack he told me that he would not go to the interview.

I was scared, but honestly I didn't think he really wasn't going. as much as he seems to hate me, I pay half of everything in this house and he doesn't have the money to pay for everything.

Well, he just didn't go to the interview (he stayed home sleeping) and obviously, my case was denied

 

I know it's ridiculous for me to post this, but we're still married on paper and living together.

 

After the interview I returned home, he was still sleeping and didn't ask me anything about the interview

.

Well, I don't even have much to say about this relationship, Ive been doing therapy for almost 2 years trying to get out of this....if this can be called a relationship, but well, I really don't know what to do now.

 

I still haven't received any letter, but what about my Job? Do I have to quit my job? my understanding is that I lost my work rights

 

can i reapply?

 

If I reapply am I at risk of being deported at any time?

 

I really don't know what to do. I wanted to do a lot of research beforehand because it's hard to trust lawyers too much, especially when I don't have a lot of money

 

 

 

Thanks for your patience

Edited February 2, 2022 by Unlockable
Inappropriate word

[PaulaCJohnny 713]

What happened in the interview? Did they told you something?

 

I don’t think that reapply is an option if your situation doesn’t change.

 

Option 1) You file for divorce and apply 

Option 2) You work out your relationship and your husband is in this with you

 

But if nothing change you will be denied again.

 

Did they told you any other option?

[da95826 387]

Sorry this happened to you.

You MUST reapply right away. You should file an i751 waiver case on your own.

 

You have two i751waiver options here:

Put together an i751 waiver case based on abuse or severe emotional abuse. You need proof you entered into the marriage in good faith, evidence you lived together and shared finances, you will also need to prove emotional abuse and/or physical abuse (abusive behavior, abusive text and emails, controlling behavior) abuse evidence is needed for application. Severe emotional abuse and or physical abuse are good causes to get an i751 waiver case approved. If you got evidence of abuse this could be the quickest way to refile your i751 case without a divorce.

 

Your second option is to file an i751 divorce waiver case, You MUST GET A DIVORCE as soon as possible for this option to work. Get a divorce quickly as you can. 

You can then file an i751 waiver based on divroce before you have a divorce in hand. If you can show you have filed for divorce, USCIS will send a request for evidence for your divoce decree. You need good faith marriage proof you enter the marriage in good faith up to separation and you need a final divorce decree to be approved. Timing is a bit of a problem since you don't have a divorce case started yet and you need a divoce decree to complete your i751 waiver case.

 

If you do not refile a new i751 you will go to immgration court at some point later in time.

Getting a good immgration lawyer and a good divorce lawyer may be a good idea to assist you in navigating your immgration/life go forward.

 

 

Edited February 2, 2022 by da95826

[Mike E 11,739]

When he didn’t show at the interview you should have asked to change it to divorce waiver. 
 

File for divorce.  File a new I-751 with a divorce waiver and include the divorce filing.  
 

If you have evidence of his abuse, check the cruelty box too. Include that evidence. 

You don’t have to quit your job. You are an LPR until a judge says you aren’t  

Edited February 2, 2022 by Mike E

[SalishSea 17,802]

5 hours ago, zacharynsw said:

I'm still shocked and after spending a few days killing myself in my thoughts, I decided to ask for help.

I also wanted to ask people not to judge my relationship because I already have too many people telling me I told you so

 

I've been married to a US citizen since 2017 and got my green card in 2018. The guy has been an (removed) to me for a long time now and I've put up with it all in silence. He had already committed all kinds of nonsense to me but I stayed there, fighting for something that didn't exist.

 

01 month ago we received the letter with the date of the interview for the second green card,

 

1 week before the interview, in an angry attack he told me that he would not go to the interview.

I was scared, but honestly I didn't think he really wasn't going. as much as he seems to hate me, I pay half of everything in this house and he doesn't have the money to pay for everything.

Well, he just didn't go to the interview (he stayed home sleeping) and obviously, my case was denied

 

I know it's ridiculous for me to post this, but we're still married on paper and living together.

 

After the interview I returned home, he was still sleeping and didn't ask me anything about the interview

.

Well, I don't even have much to say about this relationship, Ive been doing therapy for almost 2 years trying to get out of this....if this can be called a relationship, but well, I really don't know what to do now.

 

I still haven't received any letter, but what about my Job? Do I have to quit my job? my understanding is that I lost my work rights

 

can i reapply?

 

If I reapply am I at risk of being deported at any time?

 

I really don't know what to do. I wanted to do a lot of research beforehand because it's hard to trust lawyers too much, especially when I don't have a lot of money

 

 

 

Thanks for your patience

What was the nature of the relationship at the start?

Edited February 2, 2022 by Unlockable
Quoted post with inappropriate word

[SalishSea 17,802]

1 hour ago, da95826 said:

Put together an i751 waiver case based on abuse or severe emotional abuse.

Nothing in this thread would indicate extreme cruelty, which is the benchmark for VAWA.  The appropriate angle for OP is that if her marriage is ending, she can pursue a divorce waiver.

[Unlockable 7,314]

*** Reminder that inappropriate words are not allowed on the fforum.

 

VJ Moderation

[zacharynsw 2]

Thanks for the answers. I don't think my case is a case of abuse

my husband was very good to me for the first 3 years together and the first 2 years of our marriage.
turns out he just got sick of me, made new friends and wanted to go out drinking, having fun as a single guy. and I did not like that. 

 

 he doesn't help me with anything, the only thing that makes this marriage exist yet are the feelings I have for him.

I don't think he has feelings for me anymore or for anybody else. in my humble opinion he has some kind of mental health problem, something that could be a kind of autism or just sociopathy (seriously).

 

But I put myself in this situation, when I saw the red flags I could have just walked out of this marriage, but I chose to stay coz I was afraid of suffer and of being alone. those were very difficult years.

 

Regarding the interview, until the last moment I hoped that he would go, so I was so desperate, I just told the truth during the interview and didn't think of any strategy.

 

Well, apparently then I'll have to apply for divorce if I want to try again. My questions are:

1- If I apply for second i-751 it automatically cancel the "other"? Or am I still can end up in front of the deportation judge? Can  I get deported while I wait for the second i-751?

 

2- If I apply again for the i-751 will I be able to travel or will I be stuck in the country until they judge my case? this is important to me too because its been 3 years that I dont see my family 

 

I still dont know what to do and guys, Im a guy. Its a gay marriage, dont know if that changes anything

Edited February 2, 2022 by zacharynsw

[carmel34 3,620]

2 hours ago, zacharynsw said:

1- If I apply for second i-751 it automatically cancel the "other"? Or am I still can end up in front of the deportation judge? Can  I get deported while I wait for the second i-751?

 

2- If I apply again for the i-751 will I be able to travel or will I be stuck in the country until they judge my case? this is important to me too because its been 3 years that I dont see my family

So sorry you are going through this!  Here's my advice.  Move out if you want to, to get away from this guy.  Or stay if you can stand living with him.  File another I-751 package immediately with all the evidence of a bona fide relationship, same as the first package, with any updated documents that you have, since the date of the marriage, such as shared bank statements, utility bills, etc.  Check the divorce waiver option, read the form carefully to make sure you do that part correctly.  The new I-751 will take a lot of time to process.  Also start the divorce process immediately so that by the time you get an RFE, asking for your final divorce decree, you will be able to send it.  You will get a new extension letter a few weeks after you file the new I-751, extending your green card's expiration date to 24 months after its original expiration date, so that you can travel.  If you need to travel after the extension date, you can contact USCIS and request an infopass appointment to get a stamp in your passport.  The chances of receiving a NTA, to appear in immigration court, are very low if you file another I-751 now, so don't wait.  Go see you family after you receive the new receipt letter, and make sure you keep USCIS informed of your mailing address throughout the process.  Good luck to you! 

[Rocio0010 5,579]

2 hours ago, zacharynsw said:

1- If I apply for second i-751 it automatically cancel the "other"? Or am I still can end up in front of the deportation judge? Can  I get deported while I wait for the second i-751?

You're not going to be deported. And if you were, it takes YEARS. So, the new petition will cancel the other one. 

 

2 hours ago, zacharynsw said:

2- If I apply again for the i-751 will I be able to travel or will I be stuck in the country until they judge my case? this is important to me too because its been 3 years that I dont see my family 

With a new I-751, you will get another 24 month extension letter. With that, your passport and your green card you can safely travel.

 

2 hours ago, zacharynsw said:

Its a gay marriage, dont know if that changes anything

It absolutely does not.

[zacharynsw 2]

39 minutes ago, carmel34 said:

So sorry you are going through this!  Here's my advice.  Move out if you want to, to get away from this guy.  Or stay if you can stand living with him.  File another I-751 package immediately with all the evidence of a bona fide relationship, same as the first package, with any updated documents that you have, since the date of the marriage, such as shared bank statements, utility bills, etc.  Check the divorce waiver option, read the form carefully to make sure you do that part correctly.  The new I-751 will take a lot of time to process.  Also start the divorce process immediately so that by the time you get an RFE, asking for your final divorce decree, you will be able to send it.  You will get a new extension letter a few weeks after you file the new I-751, extending your green card's expiration date to 24 months after its original expiration date, so that you can travel.  If you need to travel after the extension date, you can contact USCIS and request an infopass appointment to get a stamp in your passport.  The chances of receiving a NTA, to appear in immigration court, are very low if you file another I-751 now, so don't wait.  Go see you family after you receive the new receipt letter, and make sure you keep USCIS informed of your mailing address throughout the process.  Good luck to you! 

thank you, but if I travel CPB is going to see that my case was denied right? Im still gonna be able to come inside the country ?

[Dashinka 24,480]

56 minutes ago, zacharynsw said:

thank you, but if I travel CPB is going to see that my case was denied right? Im still gonna be able to come inside the country ?

The I751 being denied does not immediately terminate your LPR status, so if you have your expired GC and valid extension letter you still have proof of being an LPR for travel purposes.  That being said, I would limit international travel until you get the second I751 submission in place with a new extension letter if at all possible.  I agree with the others here, get the new package together with the request for a divorce waiver, that should not take a long time as you can reuse much of the evidence of a bonafide good faith marriage from the first package, get the divorce moving, and you should be good.

 

So sorry you are dealing with this, but the world is not lost.  Good Luck!

[Mike E 11,739]

3 hours ago, zacharynsw said:

 1- If I apply for second i-751 it automatically cancel the "other"? Or am I still can end up in front of the deportation judge? Can  I get deported while I wait for the second i-751?

You need to file I-751 before the deadline the letter sets for you to leave the USA.  Typically 33 days from the date of the letter.  You need to get busy.  
 

You are being given advice to move out.  Sometimes from a divorce perspective that is wrong move and in any case that is not your priority right now.  Your plate form the next 2-4 weeks is full of other things. Do get a new permanent mailing address before you file a new I-751. And file that new I-751 by the deadline whether you’ve filed for divorce on time or not. 
 

3 hours ago, zacharynsw said:

 

2- If I apply again for the i-751 will I be able to travel or will I be stuck in the country until they judge my case?  

You get will a new extension letter that lets you travel for 24 months  beyond the end expiration date of your current green card. If it is already past 24 months then after you get your extension letter you call USCIS, say “info pass” and request an I-551 stamp on your passport. You might need evidence of travel bookings to do this.  

 

3 hours ago, zacharynsw said:

 

I still dont know what to do and guys, Im a guy. Its a gay marriage

Not relevant. 

[da95826 387]

4 hours ago, zacharynsw said:

1- If I apply for second i-751 it automatically cancel the "other"? Or am I still can end up in front of the deportation judge? Can  I get deported while I wait for the second i-751?

 

2- If I apply again for the i-751 will I be able to travel or will I be stuck in the country until they judge my case? this is important to me too because its been 3 years that I dont see my family 

 

I still dont know what to do and guys, Im a guy. Its a gay marriage, dont know if that changes anything

1) Yes it will be a whole new ROC case. You could end up in front immgration judge, but unlikely if you refile an i751 quickly. You are unlikely to be deported if your prove your  bonafide marriage, file a new i751 even if you are sent to immgration court.. 

 

2) Yes you can travel get an i551 stamp in your passport for continued proof of your LPR status, you remain a legal permanent resident until a immgration judge rules you are not. As long as you have an i751 pending or have a immgration case pending you can get a stamp in your passport  to work, travel,  or renew driver's license. When you refile your i751 you will get a new 24 month extension but it will expire 2 years after the conditional green card expired so you get the i551 stamp in your passport as often as needed to prove you remain LPR. 

 

3 Our own joint i751 case is based on a same sex marrage so your case will be treated as any other marriage, if you have proof of a bonafide marriage and a divorce decree you will be approved for an i751 waiver case.

Edited February 2, 2022 by da95826

[Chocobo 196]

I'm sorry this is happening.

 

My humble advice - talk to a divorce attorney BEFORE you start anything.  Find out what a divorce will look like for you and if you are ready for it.  They are painful and not easy, though the payoff can be huge if you are in a terrible relationship.  If you are sure that you want a divorce, then get the divorce proceedings going and the new I-751 started.  There's no point in starting a new I-751 unless you know you want to go the route of a divorce.

 

Agree with the post re: holding off on moving out.  Wait until you talk w/a divorce atty to make sure that moving out won't be considered abandonment and make it potentially harder for you in the divorce proceedings.  

 

In the meantime - document, document, document.  Look for every email from him, every text, document every phone call, etc.  

 

Good luck!