What to do after I-751 denied?

[jsv154 0]

Hello I will be filling an I-751 divorce waiver soon. I like to be prepared for the worst so I would like to know if anyone knows what to do after I-751 is denied. I know you can file it again based on the response you get from USCIS but it you get a NTA what can you do? I work at tech and I believe my employer could file an AOS for me, is this something that could be done since the I-751 has only been denied and Im technically still a permanent resident?  Does anyone have experience with doing something like this?

[SalishSea 17,836]

9 minutes ago, jsv154 said:

Hello I will be filling an I-751 divorce waiver soon. I like to be prepared for the worst so I would like to know if anyone knows what to do after I-751 is denied. I know you can file it again based on the response you get from USCIS but it you get a NTA what can you do? I work at tech and I believe my employer could file an AOS for me, is this something that could be done since the I-751 has only been denied and Im technically still a permanent resident?  Does anyone have experience with doing something like this?

Removal of conditions would only be denied if they find that you received your conditional GC through a fraudulent marriage.   Why are you worried about that?

[jsv154 0]

Like I said, I just like to always be prepared for the worst case. Also by looking at the history of @mindthegap and others that have posted It is not always denied because of a fraudulent marriage. I have a ton of evidence but still you never know.

[Daphne . 1,866]

59 minutes ago, jsv154 said:

Like I said, I just like to always be prepared for the worst case. Also by looking at the history of @mindthegap and others that have posted It is not always denied because of a fraudulent marriage. I have a ton of evidence but still you never know.

I don’t think there are that many ROC denials though? We were just talking about the fact that it’s a silly thing anyways, and with the low denial rates, makes so little sense (but it’s money in the bank I guess!).

Unless there is proof that the marriage was  a scam or you don’t have all documentation that you need, I don’t know why your ROC would be denied? 

Edited July 16, 2022 by Daphne K

[Rocio0010 5,579]

3 hours ago, jsv154 said:

it you get a NTA what can you do?

If you get a NTA (Notice to Appear), you just show up in court and state your truth. If you were not in a fraudulent marriage, then said NTA might be dismissed and ROC granted 

 

3 hours ago, jsv154 said:

is this something that could be done since the I-751 has only been denied and Im technically still a permanent resident?

 Wow, hold on! If you’re a permanent resident, no, you can’t file a new i485. My understanding is that you’ll need to have your status terminated first, which will put you into removal proceedings. And I believe that only an IJ can stripe you off your status, which could take years from now. Only then could you readjust. 
If your i751 is denied, you keep on applying and giving them what they want.

But what makes you think it can be denied? I know you said you like to be prepared for the worst, but how about you use all that energy to prepare a solid, well- rounded package?

[mindthegap 2,590]

One day at a time. Stressing over something that in all probability will never happen, is completely counter productive. 

File the best i-751 you can, with every single possible piece of evidence you can think of that may be helpful. 

 

If it was to get denied, your subsequent course of action would be entirely dependent on why it was denied. That aside, broadly speaking, your main immediate options would be one or a combination of the following; 

 a)file another i-751,

b) file an i-290b, if you meet the very narrow criteria for it,

c) do nothing, wait for an NTA and go to court,

d) file a new i-130 if you have since married an american citizen. 

 

4 hours ago, jsv154 said:

Like I said, I just like to always be prepared for the worst case. Also by looking at the history of @mindthegap and others that have posted It is not always denied because of a fraudulent marriage. I have a ton of evidence but still you never know.

My ex spouse is an abusive sociopathic narcissist of amber heard proportions who straight up lied to USCIS in a malicious and deliberate attempt to ruin my life, and get me deported. 

My experience, although not my any means unique, is far, far from the norm. If you worry to that extent, you will drive yourself mad.

[Family 3,988]

1 hour ago, mindthegap said:

My ex spouse is an abusive sociopathic narcissist of amber heard proportions who straight up lied to USCIS in a malicious and deliberate attempt to ruin my life, and get me deported

Good title for a New “  I-751 with Divorce Waiver “ thread. 

[HarryWL 262]

I get anxiety at the thought of the interview, not so much about being denied. I know my marriage was real and I have a mountain of evidence to prove it. You shouldn't be worried if your marriage was genuine. 

[Rafagus 65]

On 7/17/2022 at 1:25 AM, HarryWL said:

I get anxiety at the thought of the interview, not so much about being denied. I know my marriage was real and I have a mountain of evidence to prove it. You shouldn't be worried if your marriage was genuine. 

If you're anxious about the interview, hire a good attorney to go with you.

[HarryWL 262]

8 hours ago, Rafagus said:

If you're anxious about the interview, hire a good attorney to go with you.

 

It's just a trait I have, I'm not doubtful in my ability to complete the process successfully, I've done everything so far by myself. I'm just not fan of those settings. If anything it's just annoying having to dig everything up 2-3 years later after getting divorced, it's so invasive. 

 

But it is what it is. 

[Mobius1 175]

7 hours ago, HarryWL said:

 

It's just a trait I have, I'm not doubtful in my ability to complete the process successfully, I've done everything so far by myself. I'm just not fan of those settings. If anything it's just annoying having to dig everything up 2-3 years later after getting divorced, it's so invasive. 

 

But it is what it is. 

For immigration, almost nothing is off limits, esp. when there have been stories of them even asking for intimate details of couples in interviews and that also should not be an issue (minus the uncomfortable part - deal with it). 

 

If really shady people can get their ROC approved, then you, a real case shouldn't be worried. 

 

Its best to keep all the records from the past in a folder or at least have them scanned. You never know when you will need them again.

 

Edited July 19, 2022 by Mobius1