Question re NTA and re-filling a i-130&i-485

[BeenSoLong 7]

Hello all,

 

After 10 years my i-751 was denied, a joint one due to divorce and a waiver due to lack of documentation.

 

After my joint i751 case was denied i received a NTA, at the same time i submitted i-751 waiver petition.

 

now my NTA case still open, and years have gone by since my first marriage, i have read a lot in this forum and i believe i would need to get my NTA case dismiss/closed in order to file a new petition. 

 

After 5 years being divorced, i am planning to get married again (Oct 2022), my spouse is a US Citizen and will be sponsoring me. 

 

I pretty much know the basic procedures, such as file a I-130 & I-485 and wait for an interview for the conditional GC. 

 

is there anything i will need to know?

 

 

 

[Lil bear 4,271]

17 minutes ago, BeenSoLong said:

Hello all,

 

After 10 years my i-751 was denied, a joint one due to divorce and a waiver due to lack of documentation.

 

After my joint i751 case was denied i received a NTA, at the same time i submitted i-751 waiver petition.

 

now my NTA case still open, and years have gone by since my first marriage, i have read a lot in this forum and i believe i would need to get my NTA case dismiss/closed in order to file a new petition. 

 

After 5 years being divorced, i am planning to get married again (Oct 2022), my spouse is a US Citizen and will be sponsoring me. 

 

I pretty much know the basic procedures, such as file a I-130 & I-485 and wait for an interview for the conditional GC. 

 

is there anything i will need to know?

 

 

 

Where are you living now ..if still in the US, do you have an expired 2 yr GC ? 

[BeenSoLong 7]

14 minutes ago, Lil bear said:

Where are you living now ..if still in the US, do you have an expired 2 yr GC ? 

Yes, I live in NY, my 2 years gc been expired since 2014, I kept getting yearly stamp on my passport in order to keep my status.

Edited June 17, 2022 by BeenSoLong

[Lil bear 4,271]

34 minutes ago, BeenSoLong said:

Yes, I live in NY, my 2 years gc been expired since 2014, I kept getting yearly stamp on my passport in order to keep my status.

Then you remain an LPR on authorized stay until the ROC is approved and then you will get a 10 yr GC. Your new spouse cannot petition an I 130 for you .. you are already an LPR. You cannot apply for AOS   as you already have LPR status 

Hopefully someone else will chime in on how to get your ROC moving forward.. 

Edited June 17, 2022 by Lil bear

[BeenSoLong 7]

15 minutes ago, Lil bear said:

Then you remain an LPR on authorized stay until the ROC is approved and then you will get a 10 yr GC. Your new spouse cannot petition an I 130 for you .. you are already an LPR. You cannot apply for AOS   as you already have LPR status 

Hopefully someone else will chime in on how to get your ROC moving forward.. 

 

My GC was obtained based on my ex-wife petition and there is no way for me to remove my condition due to the  i-751 denials.

 

This is why my lawyer advised me to file a new i-130 with my new spouse and start this process all over again. 

 

but before i can file a new petition, i will need to remove my NTA first, if i am not mistaken. 

[Lil bear 4,271]

1 minute ago, BeenSoLong said:

 

My GC was obtained based on my ex-wife petition and there is no way for me to remove my condition due to the  i-751 denials.

 

This is why my lawyer advised me to file a new i-130 with my new spouse and start this process all over again. 

 

but before i can file a new petition, i will need to remove my NTA first, if i am not mistaken. 

But your passport stamp validates your LPR status .. so to apply again you would need to relinquish the status first .. too complex for this little bear .. good luck.. hope you get it sorted out 

[Timona 4,208]

Why was your ROC denied? 10 years in ROC is long. Did you seek Congressional help? Senator? 

 

People divorce and ROC fine. Yours is a bit weird

[Rocio0010 5,582]

2 hours ago, BeenSoLong said:

Hello all,

 

After 10 years my i-751 was denied, a joint one due to divorce and a waiver due to lack of documentation.

 

After my joint i751 case was denied i received a NTA, at the same time i submitted i-751 waiver petition.

 

now my NTA case still open, and years have gone by since my first marriage, i have read a lot in this forum and i believe i would need to get my NTA case dismiss/closed in order to file a new petition. 

 

After 5 years being divorced, i am planning to get married again (Oct 2022), my spouse is a US Citizen and will be sponsoring me. 

 

I pretty much know the basic procedures, such as file a I-130 & I-485 and wait for an interview for the conditional GC. 

 

is there anything i will need to know?

 

 

 

It would really help us to help you if you could provide details of your first marriage, and most importantly why the 751 was denied.

This is beyond DIY, but my understanding is that your attorney is wrong in the sense that you’re already a LPR, so filing for AOS is going to be a waste of money and add an unnecessary layer of difficulty to an already jacked-up case. So here’s what I think you should do:

- give us more details with regards to the denial 

-request a FOIA (Freedom Of Information Act) to see exactly what is in your immigrant file. 
- Get a good, competent attorney.

[BeenSoLong 7]

34 minutes ago, Rocio0010 said:

It would really help us to help you if you could provide details of your first marriage, and most importantly why the 751 was denied.

This is beyond DIY, but my understanding is that your attorney is wrong in the sense that you’re already a LPR, so filing for AOS is going to be a waste of money and add an unnecessary layer of difficulty to an already jacked-up case. So here’s what I think you should do:

- give us more details with regards to the denial 

-request a FOIA (Freedom Of Information Act) to see exactly what is in your immigrant file. 
- Get a good, competent attorney.

I married at a young age (around 22-23 years old), we were still in college at a different state at the time. We were doing long distance relationship. we had joint documents. 

i got my 2years GC swiftly however when i filed the joint i 751 it took quiet some time, and when we got the interview, the officer told us that since i was living in a different state other than my wife at the time, the case would needed to be transferred to my local USCIS office. This transfer took really long, about 3 years. 

 

at the end of our five years mark, i finally graduated so did she, we would visit each other once every 2 months or so during our college days. However things were getting bad, we started fighting and soon after a divorce took place.

 

the joint i751 was still active, however since i was already separated with my ex-wife, the case was denied and i received a NTA.

 

i proceeded in hiring a immigration attorney, where we file a i751 waiver. submitted all the info and went to the interview. On the denial letter the main reason of denial was that me and my ex-wife did not share the same household for an extensive of period of time. During this whole waiting game, I read that filing a N400 would somewhat force the USCIS to review and process my case.

 

I went to the N400 interview and passed, however since my i751 waiver was still pending, there was more waiting game.

 

Now, all my cases are denied, joint / waiver i751 and N400. 

 

Now, present day, i still have a 2 years GC, a valid passport and a valid stamp. I have my NTA court hearing on next year (January).

 

Given the fact that i will not be able to remove my condition on my conditional GC, the attorney advised me filing a new i130/i485 petition with my new wife to be, would probably the best, since the chances to win the i-751 waiver denial reasoning will be very slim. 

 

my fiancé at the time, we live together and share many documents as well. 

 

both this joint/waiver i751 took about 10 years. I received my waiver denial last month. Although i know i am a LPR i have a NTA case open still, how will this affect me once i see the judge next year. 

 

And yes, this is why i am seeking for some advice here, attorney fees can rack up crazy.... 

 

Thanks for reading. 

 

 

 

 

Edited June 17, 2022 by BeenSoLong

[Rocio0010 5,582]

7 hours ago, BeenSoLong said:

separated with my ex-wife

Separated or divorced?

 

And also, if you were divorced, did you send a divorce waiver at a time?

[Demise 1,315]

10 hours ago, Lil bear said:

Then you remain an LPR on authorized stay until the ROC is approved and then you will get a 10 yr GC. Your new spouse cannot petition an I 130 for you .. you are already an LPR. You cannot apply for AOS   as you already have LPR status 

Hopefully someone else will chime in on how to get your ROC moving forward.. 

It is possible to re-adjust via the courts. In this case basically file I-130, and once you get the receipt notice during the next hearing tell them you wish to withdraw the I-751 to stop being an LPR so you can file I-485 with the court. @BeenSoLong Note that marriage while in removal proceedings will increase the level of scrutiny your I-130 will receive and you will likely be interviewed for the I-130.

 

This is also possible if you're already an unconditional LPR, but the process how that works is actually pretty confusing - you basically ask the judge to issue a removal order to strip you off your LPR status and keep the proceedings open so you can continue with a new I-485.

[Mike E 11,742]

If you marry again and then immediately file I-485, you are likely to get another 2 year green card.  You don’t really want to go through this circus again.  
 

I would delay filing I-485 to ensure I got a 10 year green card. 

[Rocio0010 5,582]

Calling @mindthegap

[BeenSoLong 7]

2 hours ago, Rocio0010 said:

Separated or divorced?

 

And also, if you were divorced, did you send a divorce waiver at a time?

Sorry , I meant to say divorced. 
 

yes, also tried the i751 waiver , but got denied as well. 

Edited June 17, 2022 by BeenSoLong

[BeenSoLong 7]

1 hour ago, Demise said:

It is possible to re-adjust via the courts. In this case basically file I-130, and once you get the receipt notice during the next hearing tell them you wish to withdraw the I-751 to stop being an LPR so you can file I-485 with the court. @BeenSoLong Note that marriage while in removal proceedings will increase the level of scrutiny your I-130 will receive and you will likely be interviewed for the I-130.

 

This is also possible if you're already an unconditional LPR, but the process how that works is actually pretty confusing - you basically ask the judge to issue a removal order to strip you off your LPR status and keep the proceedings open so you can continue with a new I-485.

Yes, the point is that I won’t be able to ROC via my previous marriage, I will not win that battle, if so chances will be slim.

 

by filing a new i130, once I get the receipt notice I can ask the judge to dismiss my cases (that’s what my attorney is attempting to do ) once I’m clean in the court system, I can just start this sponsorship all over again. 
 

i believe this will be the only way I will obtain a 10 years GC in the long run, as I already exhausted all ways via my previous marriage.