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I-751 Denied. Can we apply for IR-1?

By goobies in Removing Conditions on Residency General Discussion

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goobies Enthusiast

goobies   79

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Filed: IR-1/CR-1 Visa Country: Uganda
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Hello everyone. 1st off, I'm very grateful for the support and sharing of knowledge in this community.

 

I won't get into details, but if you want them, you can look through my old posts.

 

My husband applied for AOS in 2019, and we took a trip back to his country to spend Xmass with his family. COVID broke out, blah blah blah, he ended up staying out for too long. We were going to apply for the DS117 visa, but before I got to it, I got an AOS Denial letter.

 

All that being said, can we apply for IR-1 Visa now? Are there any extra steps we need to take, like him turning in his expired GC? 

 

What do the chances of an approval for an IR1 after AOS denial look like?

 

Thanks in advance.

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mindthegap
mindthegap

For clarification, until an immigration judge issues an order of removal following a denial which formally terminates the status, he remains a LPR. Put his A# into this link HERE and see what com

Chancy
Chancy

Because biometrics were not waived, but OP's husband did not attend (being outside the US all that time), despite multiple appointment notices from USCIS --    

goobies
goobies

Aren't they the same? Adjusting status to permanent resident from conditional, by way of removal of conditions?

Chancy Grand Master

Chancy   6,241

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Filed: IR-1/CR-1 Visa Country: Philippines
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Posted (edited)
6 minutes ago, goobies said:

I got an AOS Denial letter

 

[EDIT]  I just read your previous thread.  You mean your husband applied for ROC (not AOS) in 2019 and recently got the ROC denial letter, right?

 

Edited by Chancy
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Chancy Grand Master

Chancy   6,241

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Filed: IR-1/CR-1 Visa Country: Philippines
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Just now, goobies said:

Aren't they the same? Adjusting status to permanent resident from conditional, by way of removal of conditions?

 

Adjusting status is for non-immigrant visa holders to get a green card.  2-year green card holders do not adjust status.

 

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OldUser Veteran

OldUser   6,633

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Even with denied I-751 your husband is still considered a LPR until he signs I-407 or immigration judge rules out he abandoned the status. So your husband been out of the US for 3 years? I think he probably abandoned his permanent residency already. But if you apply for a immigrant visa, my understanding is, it will be denied.

 

I wonder if I-131A is still applicable in this case, maybe more experienced forum members can explain.

 

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beloved_dingo Proficient

beloved_dingo   1,976

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Filed: Citizen (apr) Country: Australia
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To clarify, are you both in the U.S. right now, or outside the U.S.?

K1 to AOS                                                                                   AOS/EAD/AP                                                                      N-400

03/01/2018 - I-129F Mailed                                              06/19/2019 - NOA1 Date                                              01/27/2023 - N-400 Filed Online

03/08/2018 - NOA1 Date                                                    07/11/2019 - Biometrics Appt                                   02/23/2023 - Biometrics Appt
09/14/2018 - NOA2 Date                                                    12/13/2019 - EAD/AP Approved                               04/03/2023 - Interview Scheduled

10/16/2018 - NVC Received                                              12/17/2019 - Interview Scheduled                          05/10/2023 - Interview - APPROVED!

10/21/2018 - Packet 3 Received                                      01/29/2020 - Interview - APPROVED!                  OFFICIALLY A U.S. CITIZEN! 

12/30/2018 - Packet 3 Sent                                               02/04/2020 - Green Card Received! 

01/06/2019 - Packet 4 Received                                     ROC - I-751

01/29/2019 - Interview - APPROVED!                           11/02/2021 - Mailed ROC Packet

02/05/2019 - Visa Received                                             11/04/2021 - NOA1 Date

05/17/2019 - U.S. Arrival                                                     01/19/2022 - Biometrics Waived

05/24/2019 - Married ❤️                                                    02/04/2023 - Transferred to New Office

06/14/2019 - Mailed AOS Packet                                    05/10/2023 - APPROVED!

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goobies Enthusiast

goobies   79

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Filed: IR-1/CR-1 Visa Country: Uganda
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3 minutes ago, OldUser said:

Even with denied I-751 your husband is still considered a LPR until he signs I-407 or immigration judge rules out he abandoned the status. So your husband been out of the US for 3 years? I think he probably abandoned his permanent residency already. But if you apply for a immigrant visa, my understanding is, it will be denied.

 

I wonder if I-131A is still applicable in this case, maybe more experienced forum members can explain.

 

Do you mean even if his green card or status is revoked that we can not start the entire process again? From petition?

17 minutes ago, Chancy said:

 

Adjusting status is for non-immigrant visa holders to get a green card.  2-year green card holders do not adjust status.

 

Thank you for the clarification.

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OldUser Veteran

OldUser   6,633

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2 minutes ago, goobies said:

Do you mean even if his green card or status is revoked that we can not start the entire process again? From petition?

Thank you for the clarification.

Yes, you can start the process again. But right now it's not clear his status was revoked. Denial of I-751 does not terminate status as far as I know. It needs to be documented by I-407 or immigration court paperwork.

Edited by OldUser
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goobies Enthusiast

goobies   79

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Filed: IR-1/CR-1 Visa Country: Uganda
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1 minute ago, OldUser said:

How long have you been separated for? This may be a problem in itself, in addition to him being out of the US for so long.

It will be 3 years in February 2023. I am traveling there with the kids and my mom in March of 2023.

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goobies Enthusiast

goobies   79

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Filed: IR-1/CR-1 Visa Country: Uganda
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Just now, OldUser said:

Yes, you can start the process again. But right now it's not clear his status was revoked. Denial of I-751 does not terminate status as far as I know. It needs to be documented by I-407 or immigration court paperwork.

Ah, ok. That is very helpful information. So we must wait for that document before we apply again.

 

Do you know the chances of success for IR1 if this situation we are in has happened?

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OldUser Veteran

OldUser   6,633

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Just now, goobies said:

It will be 3 years in February 2023. I am traveling there with the kids and my mom in March of 2023.

Yeah, I-751 case is probably "dead" now. I don't think conditions can be removed with him being out of the US for 3 years and being separated from wife for 3 years.

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