Denied Removing of Condition

[cleverkat 0]

Also CleverKat,

could you please email me as to what happened with your case,did you get approved..Thanks

Hi-

I have a post here, maybe seven or so below, just check it, or, if you have more questions, Iwll be happy to answer.

[lulu204 0]

clever kat - did you file on your own? what service center? Did you have to have an interview?

thansk so much!

If you want to stay in this country after your I-751 was denied, you absolutely MUST hire a good immigration attorney. I was sure that I will be fine without one (I had a lot of join stuff), but I wish I paid $$ instead of waisting three years of my life on waiting after interview (over five years since I submitted I-751).

[cleverkat 0]

clever kat - did you file on your own? what service center? Did you have to have an interview?

thansk so much!

If you want to stay in this country after your I-751 was denied, you absolutely MUST hire a good immigration attorney. I was sure that I will be fine without one (I had a lot of join stuff), but I wish I paid $$ instead of waisting three years of my life on waiting after interview (over five years since I submitted I-751).

lulu204,

I filed on my own in April 2002, and had to have an interview in August of 2004. The officer was not nice (well, he was a jerk, to be honest), and I wish I had an attorney. The interview was with wide open door, no tape or privacy-other officers kept walking into the office during the interview, which wasn`t the case when I had my first interview with my ex and attorney). Since he didn`t have ground to deny my case, he kept me waiting for almost three years-until I wrote his name to higher officials.

Edited July 25, 2007 by cleverkat

[mooninlove 1]

you must hire a very good immigration attorney who can sort this out for you..i also filed my I-751 as divorced and i was approved recently.i hired an attorney and paid $$$.i remarried during the processing of my case, got rfe'd and mentioned about my new husband,pregnancy etc..i'm not sure if he's of help but i'm glad i didnt wait that long for my approval.we have different case so consulting someone who has expertise in immigration would be a big help to you..

[tiberonsuave 0]

Fraud carries the potiential for heavy fines and prison time...lack of evidence carries the potiental for deportation.

So yes...I'd say there is a difference.

t

Hi Guys, I came here thru K1 fiance visa and got my conditional 2 yrs greencard.. my ex husband and i got divorce 8 months ago, I filed to remove my conditional greencard alone..I dont have enough evidence like joint bank account and joint ownership together so they denied my application..My greencard will expire january next year..Also i been married with my new husband 5 months ago...I wonder if theres anything my husband can help me about my case?

I hope someone here can give me some advice or info what should i do.?

See an immigration lawyer.

The problem is that, if they deny your I-751, I'm not sure what information gets entered on your record. I think there's a chance they will put a finding of fraud or misrepresentation on your record -- this is something you need to discuss with that attorney.

If they decide that your original marriage was a sham for the purpose of immigration benefits, then you are permanently barred from admission to the US. It doesn't matter if you have a later marriage to a USC that is provably genuine, once there's a finding of fraud, it's a permanent ban.

So see that immigration attorney and find out what needs to be done to prevent them from issuing a finding of fraud.

lucyrich,

Do you believe there is a difference between a "finding of fraud" and a denial due to lack of evidence to support the bonafides of marriage?

[wildestkabs 0]

mooninlove, did you get called for an interview?

Edited July 29, 2007 by wildestkabs

[diadromous mermaid 36]

Hi Guys, I came here thru K1 fiance visa and got my conditional 2 yrs greencard.. my ex husband and i got divorce 8 months ago, I filed to remove my conditional greencard alone..I dont have enough evidence like joint bank account and joint ownership together so they denied my application..My greencard will expire january next year..Also i been married with my new husband 5 months ago...I wonder if theres anything my husband can help me about my case?

I hope someone here can give me some advice or info what should i do.?

If they denied your application to remove conditions, how is it that you still have a green card that is valid? A denial results in loss of status.

[diadromous mermaid 36]

Hello All,

I just saw this post and I wanted to get some advise from you guys.....I have been married once before and my wife then had filed for my AOS,but we got divorced within 6 months because we had lot of our differences,we did not appear for the AOS interview ,so then I just received work auth for 1 year,........3 years later I married again and my wonderful wife applied for my AOS and we were approved,at the interview,the officer asked about my previous marriage and I told him the truth,and no further questions were asked,i recd my 2 year conditional card a week later.....now that we are removing conditions,filing jointly after 2 yrs ( 7.5 months ..still waiting at NSC), do you think the previous marriage issue would be raised again...I just want to be prepared in advance..

Would appretiate your response-Kishore

kishore,

Perhaps I am getting old, but I'm confused!

It becomes difficult to follow a thread when the OP (original poster's) question is diverted. If you have a question that relates to your case, either start a thread or if you believe a member that has a similar thread could answer your question, send them a PM.

[mooninlove 1]

mooninlove, did you get called for an interview?

No interview for me wildestkabs..I believe I have enough supporting docs.

[returningVJ 0]

Hi Guys, I came here thru K1 fiance visa and got my

If they decide that your original marriage was a sham for the purpose of immigration benefits, then you are permanently barred from admission to the US. It doesn't matter if you have a later marriage to a USC that is provably genuine, once there's a finding of fraud, it's a permanent ban.

So see that immigration attorney and find out what needs to be done to prevent them from issuing a finding of fraud.

this is wrong! even if you have been in a sham marriage before if you file an I-130 with a new marriage, which is genuine it will not affect the new case. but you might have to establish more evidence. there is no such ban!!!! dont leave the country untill the things are taken care of.

i will try to post the court ruling case studies about what im talking about here, if i get time.

[returningVJ 0]

Darna,

I'm about to file my I-751 (hope my divorce would be final this Friday), i was doing some research on this subject lately.

please take this info just as friendly advice and not final legal advice of any kind.

1. when your I-751 is denied they send the denial letter, which leaves you with two options

i. wait for removal hearing, which could take couple of years to come and make a case there.

ii. file an appeal in immigration court (recommended)

2. when you go to immigration court, burden of proof is on USCIS and not on you, USCIS has to prove or make a strong argument, which says that your marriage was a sham. and your also free to bring new evidence.

3. the most important thing is if you want to fight this case, dont think about leaving the country untill every things taken care of, no cruises, niagara falls vists . just dont step out. if you step out its going to be a situation where a single consular officer could decide on your fate (and we know how things go, when there are complications)

4. an important point is if you decide to file a new I-130, it cant be denied based on previously denied I-751. there cant be any prejudice and this was held up by court rulings.

5. reading your post my recommendation is

i. Look to the possibility of getting affidavits from his relatives, which affirms the genuineness of the marriage.

ii. consult a good immigration attorney, who could recommend, which route is the best for you. fighting this case or going for a new I-130.

also please keep in mind, when your selecting an attorney be careful. you don't want to get stuck with an incompetent A H.

what ever it is relax and face things carefully. i wish you all the best!

PS: PM me if your around MA or CA i can give some tips on attorneys. if your in TX or southwest you might want to consider moving.

[wildestkabs 0]

No interview for me wildestkabs..I believe I have enough supporting docs.

I sent them a bundle too. So it took you approximately 6 months from start to finish through the CSC, with a divorce waiver? Not bad at all!

[mooninlove 1]

No interview for me wildestkabs..I believe I have enough supporting docs.

I sent them a bundle too. So it took you approximately 6 months from start to finish through the CSC, with a divorce waiver? Not bad at all!

My divorce took a year to be finalized and yeah approx 6 months from start to the end. I got RFE'd (see my timeline) too but 2 weeks+ after, I got approved. I also applied I-90 for my name change since I got married during the processing of I-751.It went fine so not bad at all.

[wildestkabs 0]

I got RFE'd (see my timeline) too but 2 weeks+ after, I got approved. I also applied I-90 for my name change since I got married during the processing of I-751.It went fine so not bad at all.

When you got RFE'd, did you resend the entire package, or did you send something new, or in addition to what you sent before?

I notice that you filed the I-90 after your I-751 was approved. Well, I also had a name change, but I just used the I-751 for the name change. I did not file the I-90.

[mooninlove 1]

I got RFE'd (see my timeline) too but 2 weeks+ after, I got approved. I also applied I-90 for my name change since I got married during the processing of I-751.It went fine so not bad at all.

When you got RFE'd, did you resend the entire package, or did you send something new, or in addition to what you sent before?

I notice that you filed the I-90 after your I-751 was approved. Well, I also had a name change, but I just used the I-751 for the name change. I did not file the I-90.

Yeah. The blue form I-797 notice and the requested information. They did not returned what I previously submitted but in addition to that, the only requested information was a detailed explanation of my failed marriage and if there was an effort to save it etc...I filed I-90 coz my approved card came with my old name. Just wanted it in my new name since my passport and other ID's are in my current legal name..