I-751 denied, what's next?

[Rocio0010 5,579]

3 minutes ago, Chocobo said:

There's no point in starting a new I-751

Well, if the previous I-751 was denied then I am not sure there is another way around, is there? Genuinely asking.

Soonish OP should get a letter stating that they have 33 days to leave, unless they have another underlying petition, which would be accomplished by a new I-751

[zacharynsw 2]

thanks for the answers guys, it's great to know I have options

I think this moment in my life is for me to wake up to how much this relationship can harm me. what I've been trying to lie to myself

 

So it looks like  Im applying for the new i-751  everything is "ok"..  I will receive a new receipt, and after 24 months of  the first GC expiration date, I book an infopass to travel and work.

 

A divorce for me, believe it or not, is going to be very painful and I don't know how I'm going to do it.

 

leaving home is not an option at least for the next few months.

 

I'm going to look for a lawyer today to try to help me with a strategy, but I'll probably fill out the paperwork and send it myself, because I don't have that much money

 

It's a very bad situation, but I'm trying to see it as a wake-up call for me to get out of this pointless relationship.

 

thank you again!!!  

[jlc201 47]

56 minutes ago, zacharynsw said:

It's a very bad situation, but I'm trying to see it as a wake-up call for me to get out of this pointless relationship.

 

It is. Normally I would suggest you take time to reevaluate the relationship before proceeding with a divorce, but it seems pretty clear that your husband has already checked out of your marriage and is ready to move on. If he slept through your interview, knowing that it would likely lead to your deportation, that's about the same as saying "I want a divorce." I'm sorry you are going through this, adding immigration status to the mix only makes it that much harder, but hopefully these events will obligate you to make the changes you need to make in order to have a better life for yourself. Your husband sounds like a jerk.

[doggieandsam 765]

2 hours ago, Mike E said:

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.  

i want to second this. depending on how long ago you filed your original 751, you might just have received the 18 months extension. they started sending a new/updated letter that says 24 months in the last couple of months or so. whichever extension letter version you are currently holding, it starts counting from your current green card's expiration date, not from the date of filing/refiling - this is very important! so, if like me and many others, if your 751 took > a year to process, you might not have a lot of time left on that initial 18-24 months extension period. they took close to 18 months to adjudicate my 751, so i literally had a few days left on mine. make sure you check what the extension letter says (the one you get after refiling) and if needed, get an extension (ie the stamp) on that extension.

[zacharynsw 2]

46 minutes ago, doggieandsam said:

i want to second this. depending on how long ago you filed your original 751, you might just have received the 18 months extension. they started sending a new/updated letter that says 24 months in the last couple of months or so. whichever extension letter version you are currently holding, it starts counting from your current green card's expiration date, not from the date of filing/refiling - this is very important! so, if like me and many others, if your 751 took > a year to process, you might not have a lot of time left on that initial 18-24 months extension period. they took close to 18 months to adjudicate my 751, so i literally had a few days left on mine. make sure you check what the extension letter says (the one you get after refiling) and if needed, get an extension (ie the stamp) on that extension.

thank you!

I have a 24 months letter, thats gonna expire in June 15 th. So I guess I can schedule an infopass on june 15th or before that? how long does it take to get the infopass? is it easy?

Edited February 2, 2022 by zacharynsw

[MXcompadre 75]

Zachary I sent you a private message [check your mesages] with feasible LGBTQ pro-bono legal options for you to persue in the refiling of your I-751 and inituating filing for divorce. 

[Mike E 11,739]

5 minutes ago, zacharynsw said:

thank you!

I have a 24 months letter, thats gonna expire in June 15 th. So I guess I can schedule an infopass on june 15th or before that? how long does it take to get the infopass? is it easy?

You schedule info pass 30 days before you need it.  
 

Ease depends on the field office ranging from impossible to 100 percent possible. 

[Chocobo 196]

5 hours ago, Rocio0010 said:

Well, if the previous I-751 was denied then I am not sure there is another way around, is there? Genuinely asking.

Soonish OP should get a letter stating that they have 33 days to leave, unless they have another underlying petition, which would be accomplished by a new I-751

What I meant was that in light of the denial, and the fact that OP agrees that re-filing citing abuse isn't going to work since there is no physical abuse, a divorce waiver with a new I-751 is the only way to go.  And, if OP doesn't want to get a divorce, there's no point in even starting the wheels on reapplying as it would just be denied again (if it were filed again w/o the divorce waiver.)  Know what I mean?  

[MyAdventure 0]

15 hours ago, Jorgedig said:

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.

Is an attorney needed for a divorce waiver?

[MyAdventure 0]

Just now, Chocobo said:

What I meant was that in light of the denial, and the fact that OP agrees that re-filing citing abuse isn't going to work since there is no physical abuse, a divorce waiver with a new I-751 is the only way to go.  And, if OP doesn't want to get a divorce, there's no point in even starting the wheels on reapplying as it would just be denied again (if it were filed again w/o the divorce waiver.)  Know what I mean?  

Physical abuse is not needed. Emotional abuse is enough to prove that. I spoke with a few lawyers and that's what they said. It's a misconception.

[MyAdventure 0]

5 hours ago, Rocio0010 said:

Well, if the previous I-751 was denied then I am not sure there is another way around, is there? Genuinely asking.

Soonish OP should get a letter stating that they have 33 days to leave, unless they have another underlying petition, which would be accomplished by a new I-751

They can file a new i751 with a waiver on humanitarian basis if they are not ready for a divorce.

[Boiler 45,449]

Claiming abuse but wanting not to divorce is not going to make much sense

[Rocio0010 5,579]

47 minutes ago, MyAdventure said:

They can file a new i751 with a waiver on humanitarian basis if they are not ready for a divorce.

And what would the humanitarian basis be?

[MyAdventure 0]

2 hours ago, Rocio0010 said:

And what would the humanitarian basis be?

Here is your answer: (removed)

Edited February 3, 2022 by Ontarkie
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[pompeilife 15]

20 hours ago, Mike E said:

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  

I agree, I checked divorce waiver and absue both box