I-751 denied, what's next?

[pompeilife 15]

3 hours ago, Boiler said:

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

Some people dont know what to do in an abusive relationship and they keep fighting and begging for the relationship even they are treated really terribly by their partner. 

especially, Im assuming she/he moved from a foreign country to move to be with his/her spouse which means he or she probably doesnt have many connections here in the states and probably highly dependent on the USC partner,

Moving to a different country for someone is a big deal, its not a joke, so much sacrifice, efforts, leaving family behind. and people feel that they dont want to throw it away easily.

I understand it very well, marriage is a big deal as well. Marriage is making a vow to be with that person forever. 

people in abusive relationship believe their partner can change and their relationship improves even the abuse continues, too sadly.. 

 

Also, I believe there is a category for people whose (Petitioner or USC)Spouses are refusing to file jointly I-751

Edited February 3, 2022 by pompeilife

[pompeilife 15]

9 hours ago, zacharynsw said:

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!!!  

I understand. Divorce was very very hard for me too. 

endless nights of crying, being sad .... To some people, marriage means much more  than to some people. 

[Boiler 45,449]

16 minutes ago, pompeilife said:

I agree, I checked divorce waiver and absue both box

Filing with the divorce waiver is much simpler.

 

 

[pompeilife 15]

1 minute ago, Boiler said:

Filing with the divorce waiver is much simpler.

 

 

I filed it both box and I had no issues, no RFE, and got my card after a year.  

[Boiler 45,449]

I am not saying it can not be done, just that it is much simpler.

[pompeilife 15]

3 minutes ago, Boiler said:

I am not saying it can not be done, just that it is much simpler.

oh, I did not know that!

I thought it was better to leave options if there was really abuse like that writer claims. 

thanks for the info.

[Mike E 11,739]

Just now, Boiler said:

I am not saying it can not be done, just that it is much simpler.

The reason for checking both boxes is that if the petition is denied you can argue both in front of an immigration judge. 
 

Also can file N-400 in 3 years if the original petitioner spouse was a USA citizen:

 

https://www.uscis.gov/sites/default/files/document/memos/sec319a012705.pdf

[Boiler 45,449]

1 minute ago, Mike E said:

The reason for checking both boxes is that if the petition is denied you can argue both in front of an immigration judge. 
 

Also can file N-400 in 3 years if the original petitioner spouse was a USA citizen:

 

https://www.uscis.gov/sites/default/files/document/memos/sec319a012705.pdf

Why would you need to argue whether you are divorced or not?

 

 

 

 

[pompeilife 15]

9 minutes ago, Mike E said:

The reason for checking both boxes is that if the petition is denied you can argue both in front of an immigration judge. 
 

Also can file N-400 in 3 years if the original petitioner spouse was a USA citizen:

 

https://www.uscis.gov/sites/default/files/document/memos/sec319a012705.pdf

oh wow I didn't know that!

that is a great info! but I wonder how would you know if you were approved based on divorce waivoer or battered by former spouse? or

if you chekced the both boxes, maybe it makes you eligible for naturalization after three years? 

Thank you so much for the info.

 

I heard of people applying i-751, vawa together like separate

 

 

Edited February 3, 2022 by pompeilife

[pompeilife 15]

12 minutes ago, Mike E said:

The reason for checking both boxes is that if the petition is denied you can argue both in front of an immigration judge. 
 

Also can file N-400 in 3 years if the original petitioner spouse was a USA citizen:

 

https://www.uscis.gov/sites/default/files/document/memos/sec319a012705.pdf

this is some great info, I think this memorandum basically saying anyone who filed I-751  checking both boxes of divorce waiver and battered spouse is eligible to naturalize after only three years..

please correct me if i'm wrong.

 

[pompeilife 15]

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-2 

 

i think it only applies to Vawa?

[pompeilife 15]

I did research and it does apply to people who got approved based on battered spouse or child

[Mike E 11,739]

9 hours ago, Boiler said:

Why would you need to argue whether you are divorced or not?

 

 

 

 

No divorce decree in hand.  Or lack of evidence of bonafide relationship that conditional LPR could not obtain because of an uncooperative and abusive spouse.  

[zacharynsw 2]

Hello guys so I went to a lawyer yesterday ( $ 250 for a 30 min talk ) but a friend told me he is a good one,

So he said pretty much what you guys already said, she said the "easiest" way would be to file for a divorce waiver, he said even  some of my situations can be viewed as abuse he doesnt reccomend me file using the abuse waiver....

 

Im gonna get a divorce coz there is no point in continue this "relationship". my husband could not care less about what is happening to me. I even tried to talk to him about it, and nothing.

So Im gonna file for divorce, Im going to the court house today to get the paperwork that needs to be filed. If my husband refuse to sign the papers and delay and do it, then I dont know what to do....its Florida so I read the there is a simplified divorce type that it applies to our situattion

 

 

[Rafagus 64]

2 hours ago, zacharynsw said:

Hello guys so I went to a lawyer yesterday ( $ 250 for a 30 min talk ) but a friend told me he is a good one,

So he said pretty much what you guys already said, she said the "easiest" way would be to file for a divorce waiver, he said even  some of my situations can be viewed as abuse he doesnt reccomend me file using the abuse waiver....

 

Im gonna get a divorce coz there is no point in continue this "relationship". my husband could not care less about what is happening to me. I even tried to talk to him about it, and nothing.

So Im gonna file for divorce, Im going to the court house today to get the paperwork that needs to be filed. If my husband refuse to sign the papers and delay and do it, then I dont know what to do....its Florida so I read the there is a simplified divorce type that it applies to our situattion

 

 

Regardless of the immigration situation, you should separate and divorce this person as fast as you can.  Your peace of mind and stability are much more important than anything else at this time.  It does not seem like your husband would want to delay the divorce, but who knows!

 

You can file the I-751 as soon as the divorce is finalized.

 

I do wish the best for you, and hope you can get back on your two feet, and are able to get past this awful situation.