I-751 denied, what's next?

[doggieandsam 765]

21 hours 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?

what @Mike E said!

[da95826 387]

1 hour ago, Rafagus said:

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

As the OP has had his i751 case denied he should file the new i751 waiver case as soon he files for divorce as getting a new i751 waiver case in place at USCIS quickly is important to remain out of immgration court.  USCIS will send an REF for the final divorce decree months and months later and the OP will have months to respond so it could be as much as a year before he needs the divorce decree.

[Rafagus 64]

2 minutes ago, da95826 said:

As the OP has had his i751 case denied he should file the new i751 waiver case as soon he files for divorce as getting a new i751 waiver case in place at USCIS quickly is important to remain out of immgration court.  USCIS will send an REF for the final divorce decree months and months later and the OP will have months to respond so it could be as much as a year before he needs the divorce decree.

That's even better, hope he files the new I751 divorce waiver ASAP and provide the divorce decree once USCIS sends the RFE. 

 

My point is that someone should not be suffering a terrible situation for an immigration benefit, specially in this case.  

[mindthegap 2,589]

File for divorce immediately, and file a new I-751 as soon as possible, enclosing all the prior evidence submitted, and any new evidence gathered since the original filing.

You have been seeing a therapist for this? Great - get a letter from them. It will help. 

Anything else you have, put it in. 

 

You do not need a letter requesting a late filing, as waiver petitions are never considered late.

 

The letter when it comes will be scary. But, you remain a permanent resident. You can work. You can travel. There are some extra hoops to jump through on occasion, but for the most part you remain the same as before. Try not to panic. You have legal rights and a whole process ahead before deportation is a potential issue.

 

Above all, protect yourself, your safety and health are paramount.

 

 

On 2/2/2022 at 9:34 AM, Mike E said:

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.  

What are you on about?

An I-751 denial letter does not give ANY deadline or number of days for leaving the USA....and even if it did, it would not have any legal basis.

As posted ad infinitum, that is not how it works. You could receive the i-751 denial letter, do literally nothing and wait years for the NTA to appear and you would still be a LPR, with no deadline to remove yourself from the country. 

Such a thing would only happen after a final order of removal, issued by an immigration judge, at which point you have ceased to be a LPR and do have a limited time to self deport from the US, that is if they give you that option and don't immediately take you into custody for deportation. 

 

Legal due process is thankfully still a thing. 

[Mike E 11,739]

Doing “literally nothing” sets a tone for a lack of urgency that I don’t agree with.  To each their own. 

[Rocio0010 5,579]

2 minutes ago, Mike E said:

Doing “literally nothing” sets a tone for a lack of urgency that I don’t agree with.  To each their own. 

Well, he's saying he COULD do literally nothing. It's not like he's suggesting him to do nothing. He's just stating facts.

[Mike E 11,739]

Just now, Rocio0010 said:

Well, he's saying he COULD do literally nothing. It's not like he's suggesting him to do nothing. He's just stating facts.

I stand by my advice to OP.   Get busy.  I am Over and Out on  this thread.  

[pompeilife 15]

2 hours ago, Mike E said:

I stand by my advice to OP.   Get busy.  I am Over and Out on  this thread.  

I couldn't agree more with Mike. E. . I agree with him 100%

[mindthegap 2,589]

4 hours ago, Mike E said:

I stand by my advice to OP.   Get busy.  I am Over and Out on  this thread.  

Nothing wrong with your other advice, and was exactly the same as mine in the preceding paragraph - get a new i-751 filed, and filed asap.

It is the logical and sensible thing to do, after they have ensured they are safe. 

 

What is not ok, is telling someone who is panicking, scared and unsure having just received a denial, that a letter will soon arrive that gives them 33 days to leave the country, which is factually incorrect.

This is not an opinion, and not based on patchy anecdotal reports or conjecture. It is factually incorrect, both in law, and procedure, and yeah it bugs the hell out of me when this stuff gets posted. 

 

Posting such stuff masquerading as fact is irresponsible scaremongering that does no-one any favours - not the OP, and not anyone else who reads this thread in the future, which they may well be doing in a fragile state. 

Think for a moment about the consequences of someone, perhaps the victim of abuse, who is already panicking, and now also thinking they have 33 days to pack up and leave their home, job and the country. It just might have the impact of pushing someone over the edge. 

Think thats a wild exaggeration? My own standing on and very nearly jumping off one of the bridges into Manhattan when I received a denial, such was the total mess my head was in, would very much tell you otherwise. A friend of mine did actually cut her wrists in the bathtub in an attempt to end it all, largely due to the stresses of her immigration nightmare.

This stuff is about as real & stressful as it gets for many people, and I'm truly glad that you, like the overwhelming majority, have not had to encounter any significant issues in your journey...but for others, including myself, it can go very, very wrong through no fault of our own, and when it does it feels like your f*****g world has fallen apart. 

 

This forum is an enormous help to many people, including many who simply read and don't even register or post a single thing -  and is completely free, unlike a lawyer.

But, that relies on the integrity of content posted by users, being based in fact wherever possible.

That is the only reason why I called you on your incorrect post. It wasn't a personal attack, so don't act like it was. 

 

3 hours ago, Rocio0010 said:

Well, he's saying he COULD do literally nothing. It's not like he's suggesting him to do nothing. He's just stating facts.

 

Well, quite.

'Could' is most definitely not the same as 'should'.

Like, one could stand by the incorrect post, when one instead should be human in admitting that a simple mistake was made, rather than sulking off in a huff. 

To each their own. 

 

Not only would it be somewhat reckless & unwise to post such a thing as 'do nothing' , but it was also clearly not the intention, given in the very paragraph immediately preceding it, my advice was also to file a new I-751 as soon as possible 🙄

 

 

[Johnny6751 4]

I am very curious to ask you, it is my understanding that most of the Removal of conditions interviews are waived. What documents did you send to uscis when you file for removal of conditions?

Edited February 7, 2022 by Johnny6751

[da95826 387]

1 hour ago, Johnny6751 said:

I am very curious to ask you, it is my understanding that most of the Removal of conditions interviews are waived.

Perhaps most i751 interviews are waived, the reason why most i751 applicants will be waived depends on how you got your green card. If you got it while in the USA through an adjustment of status then you are a lot less likely to get an i751 interview as USCIS has already interviewed the spouses and the green card holder together. If you process your green card outside of the USA at an embassy then the state department interviews just the immigrant alone, USCIS has not interviewed the applicant and their spouse together yet so it is much more likely to get an interview.

Edited February 7, 2022 by da95826

[Johnny6751 4]

2 minutes ago, da95826 said:

Perhaps most i751 interviews are waived, the reason why most i751 applicants will be waived depends on how you got your green card. If you got it while in the USA through an adjustment of status then you are a lot less likely to get an i751 inter as USCIS has already interviewed the spouses and the green card holder together. If you process your green card outside of the USA at an embassy then the state department interviews just the immigrant alone, USCIS has not interviewed the applicant and their spouse together yet so it is much more likely to get an interview.

Oh gotcha, I adjusted status I-485 thru marriage and got a Conditional GC for two years. I got to remove conditions at the end of this year, and I truly don't wanna go to an interview again haha.

[da95826 387]

2 minutes ago, Johnny6751 said:

Oh gotcha, I adjusted status I-485 thru marriage and got a Conditional GC for two years. I got to remove conditions at the end of this year, and I truly don't wanna go to an interview again haha.

Then with a good strong i751 case you are unlikely to be interviewed again, some are, but most are not.

[Johnny6751 4]

Just now, da95826 said:

Then with a good strong i751 case you are unlikely to be interviewed again, some are, but most are not.

So far we have:

1)Rent leases

2)Rent rcpts

3)Car insurance 

4)Health insurance 

5)Few photos 

6)Joint bank account statements

7)Joint credit card statements 

8)Electric and internet bills

9)Jointly taxes

 

That's all for now.

[da95826 387]

12 minutes ago, Johnny6751 said:

So far we have:

1)Rent leases

2)Rent rcpts

3)Car insurance 

4)Health insurance 

5)Few photos 

6)Joint bank account statements

7)Joint credit card statements 

8)Electric and internet bills

9)Jointly taxes

 

That's all for now.

That is a good list, just collect statements over the whole marriage, you can add W2/1099 from work as they show addresses at the time, anything mailed to both you could be added. beneficiary of insurance or investment accounts, and birth records if children together.

Edited February 7, 2022 by da95826