i-751 denied after 9 years

[Lorl 0]

Hello, i am new to this but i have very interesting situation. 

 

I originally filed remove of conditions back in 2012 joint but while it was pending we got separated so i hat to amend it to a waiver. 

i started dating my current wife before the divorce was final, today i have 3 USC kids with her. 

in 2016 i had my interview and didn't hear back until 2021 when i got my NOID. in that noid they claimed that i didn't prove that i was married in good faith and that my current wife was dating me before i even dated my first wife.

i replied with additional evidence but they denied my case. my first wife past away in 2018 so i couldn't even use her as an affidavit to support my claims. 

 

With my denial i never received an NTA so i decided to re-file I-751 waiver this time it based on extreme hardship.

 

i refiled couple weeks ago and got my receipt.

 

my questions are:

 

1. Anyone had experience with 751 waiver based on extreme hardship?

2. Anyone traveled with a stamp after initial denial? if yes what was the experience?

3. did anyone had their i751 approved after a denial?

4. anyone was in this limbo for 10 years?

 

Thank you so much!

 

[Boiler 45,525]

I have never seen one here and with the totality of your situation I would think you need a Lawyer

 

Do you have evidence from your conditional period of extreme hardship?

[Lorl 0]

I do have a lawyer, just wanted to hear from other people about their experiences.

 the truth is, yes i do, i was waiting on my application for 9 year until i got a decision. couldn't really do anything... they put me in an extreme hardship... now i have 3 us citizen children, house, job, debt, wife, real estate, other family member like my us citizen brother, uncles, grandparents etc... 

if ill get deported it will cause me and them an extreme hardship.

[Rocio0010 5,579]

53 minutes ago, Lorl said:

NOID. in that noid they claimed that i didn't prove that i was married in good faith

It would be helpful if you could list the evidence you submitted. 
 

 

53 minutes ago, Lorl said:

that my current wife was dating me before i even dated my first wife

Why did they say that?

 

54 minutes ago, Lorl said:

replied with additional evidence

What evidence?

12 minutes ago, Lorl said:

if ill get deported it will cause me and them an extreme hardship.

My understanding is that extreme hardship is very, very hard to prove. 

 

55 minutes ago, Lorl said:

2. Anyone traveled with a stamp after initial denial? if yes what was the experience?

paging @mindthegap

[Rocio0010 5,579]

Please fill up your timeline

[Lorl 0]

33 minutes ago, Rocio0010 said:

It would be helpful if you could list the evidence you submitted. 
 

 

Why did they say that?

 

What evidence?

My understanding is that extreme hardship is very, very hard to prove. 

 

paging @mindthegap

I submitted all you can think of, leases, bank statements, utility bills, car insurance, taxes photos, affidavits, etc....

 

my current wife ex husband told USCIS about our relationship and because i knew my current wife brother (that's how i met my current wife) he was my friend before i even got married to my first wife... 

 

my additional evidence were massages between me and her and me and her mother during our divorce. and even couple years after.

[Rocio0010 5,579]

8 minutes ago, Lorl said:

I submitted all you can think of, leases, bank statements, utility bills, car insurance, taxes photos, affidavits, etc....

 

my current wife ex husband told USCIS about our relationship and because i knew my current wife brother (that's how i met my current wife) he was my friend before i even got married to my first wife... 

 

my additional evidence were massages between me and her and me and her mother during our divorce. and even couple years after.

What country are you from?

is your wife from the same country?

Edited May 1, 2022 by Rocio0010

[Lorl 0]

yes, same.

 

but i met him here... i don't know him from my home country.

[Boiler 45,525]

Like I said I have never seen one and would have thought it would be much easier I prove the first marriage

Seems it’s the higher standard of hardship and what happened after the 2 years is immaterial 

I assume they were waiting for your second marriage to go the way of the first

A complicate case

[Rocio0010 5,579]

31 minutes ago, Lorl said:

yes, same.

And again, which country are you from? There’s a specific reason why I’m asking and it is that there is a list of high fraud countries.

Essentially what USCIS is telling you is that a) they never believed that the first marriage was bona fide, and b) not only that, but also that it was all a plan to file for your current spouse. They don’t believe you didn’t know them from before.

I have never seen a case like this before, but it would have been much easier to prove the first marriage in the first place. Now you have to prove them a negative (that you did not know your spouse from before) and that is a hard one.

Edited May 1, 2022 by Rocio0010
Misgendering

[Boiler 45,525]

Just now, Rocio0010 said:

And again, which country are you from? There’s a specific reason why I’m asking and it is that there is a list of high fraud countries.

Essentially what USCIS is telling you is that a) they never believed that the first marriage was bona fide, and b) not only that, but also that it was all a plan to file for your current wife. They don’t believe you didn’t know her from before.

I have never seen a case like this before, but it would have been much easier to prove the first marriage in the first place. Now you have to prove them a negative (that you did not know your wife from before) and that is a hard one.

I think you may be misgendering

[Rocio0010 5,579]

2 minutes ago, Boiler said:

I think you may be misgendering

Thanks! Edited

[Lorl 0]

Israel, sorry, i thought i answered that, 

I wasn't aware of high fraud countries and that they profile people. 

i do understand that they don't believe me... my current spouse is a permeant resident i don't need to file for her

 

 

 

[mindthegap 2,590]

USCIS strikes again. How bloody long did they take? Absolute clowns.

Given the length of time and the circumstances, I would consider starting again from scratch. You clearly have an established family and relationship with your current wife and no doubt masses of evidence of the legitimacy of your marriage. So, if your current spouse is a citizen (or permanent resident, although that is significantly slower) perhaps consider getting her to filing a brand new i-130  & then IR-1 on the basis of your current marriage. You now can do it immediately upon receipt of a denial letter and do not have to wait until a final order of removal - this was a recent change. Section G here clarifies it:

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 to this policy. You would get a brand new 'resident from' date, from the date of approval of your new filing, but that is a small price to pay for peace of mind and having to 

 

Also see here:

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

And Matter of Stockwell, which is what (eventually) caused this clarification:

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

 

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

 

Edited May 1, 2022 by mindthegap

[mindthegap 2,590]

2 hours ago, Lorl said:

2. Anyone traveled with a stamp after initial denial? if yes what was the experience?

Yes. A visit to secondary to verify stamp and status. Few mins, no big deal. You remain a permanent resident until an immigration judge says otherwise with a final order of removal. 

2 hours ago, Lorl said:

3. did anyone had their i751 approved after a denial?

Personally, not yet. Many others have done, including past posters on here.

 

2 hours ago, Lorl said:

4. anyone was in this limbo for 10 years?

7 years for me now. Absolute BS.