Divorce waiver - I-751 denied, will see lawyer in a week. (split)

[Family 4,068]

14 minutes ago, Family said:

18 minutes ago, OldUser said:

pointed this inconsistency out in WAVA thread.

It looks like the OP is confused and needs either this community help or professional legal assistance from a good lawyer

I missed that comment of yours, perhaps you can link it…to  will help OP ( and others engaging ) all reactions in one place

 

Thanks @OldUser, found it

[Family 4,068]

15 minutes ago, Allaboutwaiting said:

26 minutes ago, Family said:

No. Self petition VAWA s get a 10 year from the get go, no conditions to remove 

Then she messed up everything? Her lawyer? 

From her own posts her VAWA was never approved. So she didn't even have a GC to remove conditions from to begin with?

You may be right on the mess. By the looks of it OP may have filed an I-751 and an I-360 back in 2019…at least according to all previous posts. 
 

 

 

Edited March 11, 2023 by Family

[Allaboutwaiting 2,503]

@Family No way to know until the OP comes back and explains in full detail what really happened.

[Rosa Garcia 59]

Thank you everyone for your input. My attorney filed both I-360 and I-751. I-751 was denied and I-360 is pending, but most likely it will be denied too. I am not with my attorney anymore. She is not empathetic and advised me to leave the coutry. I'm trying to research, get knowledgeable and find the best solutions to get out of the mess I'm at. 

And yes my anxiety is taking over me and I'm very worried, cannot sleep and leaving in fear from 'unknown'. , as nobody really can tell me what Uscis is planning to do. I'm scared

Edited March 12, 2023 by Rosa Garcia
Add things

[OldUser 7,030]

9 minutes ago, Rosa Garcia said:

Thank you everyone for your input. My attorney filed both I-360 and I-751. I-751 was denied and I-360 is pending, but most likely it will be denied too. I am not with my attorney anymore. She is not empathetic and advised me to leave the coutry. I'm trying to research, get knowledgeable and find the best solutions to get out of the mess I'm at. 

And yes my anxiety is taking over me and I'm very worried, cannot sleep and leaving in fear from 'unknown'. , as nobody really can tell me what Uscis is planning to do. I'm scared

It's understandable that you're scared. What was exactly the wording in your denial? Were you accused of misrepresentation or fraud in the letter?

[Allaboutwaiting 2,503]

15 minutes ago, Rosa Garcia said:

Thank you everyone for your input. My attorney filed both I-360 and I-751. I-751 was denied and I-360 is pending, but most likely it will be denied too. I am not with my attorney anymore. She is not empathetic and advised me to leave the coutry. I'm trying to research, get knowledgeable and find the best solutions to get out of the mess I'm at. 

And yes my anxiety is taking over me and I'm very worried, cannot sleep and leaving in fear from 'unknown'. , as nobody really can tell me what Uscis is planning to do. I'm scared

An I-360 is filed for adjustment of status -requires an I-485 form- and an I-751 is for removal of conditions. They're completely different forms that serve different purposes.

 

How did you enter the US - which visa- and when did you become a permanent resident/ received the GC?

[Rosa Garcia 59]

I entered on K1 visa. Never had an  interview, which means USCIS felt satisfied with all the evidence my ex submitted to then. Now all of the sudden they are preying on me trying to accuse me of fraud. Never gotten RFE or interview to explain myself.they talk about my fraudulent motive and intent that I was planning to come for better life, which is not true and didn't spend time with my ex, which is also not true.

[Allaboutwaiting 2,503]

5 minutes ago, Rosa Garcia said:

I entered on K1 visa. Never had an  interview, which means USCIS felt satisfied with all the evidence my ex submitted to then. Now all of the sudden they are preying on me trying to accuse me of fraud. Never gotten RFE or interview to explain myself.they talk about my fraudulent motive and intent that I was planning to come for better life, which is not true and didn't spend time with my ex, which is also not true.

A K1 visa allows you to enter the country to marry. Once in the US you MUST adjust status to become a permanent resident, and that requires you to send evidence and get interviewed in your local office by an agent. 

 

Do you have a green card? 

Edited March 12, 2023 by Allaboutwaiting

[Rosa Garcia 59]

2 minutes ago, Allaboutwaiting said:

A K1 visa allows you to enter the country to marry. Once in the US you MUST adjust status to become a permanent resident, and that requires you to send evidence and get interviewed in your local office by an agent. 

 

Do you have a green card? 

I obtained 2 year green card but it's expired and I don't have it as USCIS took it away from me when I requested I551 stamp. I never had any interview, nor did I receive any RFE.

[Family 4,068]

1 hour ago, Rosa Garcia said:

Thank you everyone for your input. My attorney filed both I-360 and I-751. I-751 was denied and I-360 is pending, but most likely it will be denied too. I am not with my attorney anymore. She is not empathetic and advised me to leave the coutry. I'm trying to research, get knowledgeable and find the best solutions to get out of the mess I'm at. 

And yes my anxiety is taking over me and I'm very worried, cannot sleep and leaving in fear from 'unknown'. , as nobody really can tell me what Uscis is planning to do. I'm scared

Self delete 
 

Edited March 12, 2023 by Family

[OldUser 7,030]

5 minutes ago, Rosa Garcia said:

I obtained 2 year green card but it's expired and I don't have it as USCIS took it away from me when I requested I551 stamp. I never had any interview, nor did I receive any RFE.

How long have you lived with your ex? Do you have any evidence of bonafide marriage?

Edited March 12, 2023 by OldUser

[Family 4,068]

2 minutes ago, Rosa Garcia said:

I obtained 2 year green card but it's expired and I don't have it as USCIS took it away from me when I requested I551 stamp. I never had any interview, nor did I receive any RFE.

Your attorney is an idiot for filing an I-360. Because you already had LPR status when it was filed, it too will be denied. 

[Allaboutwaiting 2,503]

4 minutes ago, Rosa Garcia said:

I obtained 2 year green card but it's expired and I don't have it as USCIS took it away from me when I requested I551 stamp. I never had any interview, nor did I receive any RFE.

Not being interviewed is extremely rare for an adjustment of status, but for some strange reason it seems you got it waived.

 

Please answer the following questions:

1. When did you enter the US?

2. When did you file for adjustment of status? 

3. When did you get the green card? 

4. When did you divorce? 

Edited March 12, 2023 by Allaboutwaiting

[Rosa Garcia 59]

2 minutes ago, Family said:

If you can clarify the following, it will help get you some answers: 

 

1. Date of marriage to USC

2. Did you file I-485 /I-130 and did you and husband go to the interview? Date
3. Did you get a 2 year green card after that interview? 
4. Did you enter on a tourist visa or ESTA?!

 

We married in December 2016, we never had any interview,  I got a temporary green card that is expired, I entered on k1 visa.

 

[Family 4,068]

7 minutes ago, Rosa Garcia said:

We married in December 2016, we never had any interview,  I got a temporary green card that is expired, I entered on k1 visa

The I-360 will be denied. File a state bar complaint against the attorney and ask for your money back. 
 

Get a competent attorney or tackle a new I-751 as fast as possible. Look at what was checked on first one and file new one for abuse , since you stated both marriage and abuse was real.

 

Fighting fraud charges is possible, so you need to sit down and detail all the relationship as it evolved and dissolved 

Edited March 12, 2023 by Family