I751 denied

[mindthegap 2,589]

8 minutes ago, Noname93 said:

Can confirm as someone who is currently on their second I-751, their second ADIT stamp, and just recently successfully traveled abroad (although that is nowhere near mindthegap's record)

 

Up to 13 stamps now.

If I hit 15 I get a free coffee 

Edited February 21 by mindthegap

[Koke Sisman 1]

I just met another attorney today. He said he also won’t refile for I751 since he thinkfs that the application wouldn’t be approved because it needs to be done 3 months before the 1st greencard back from 2017 expires.

 

anyone knows an attorney who can help me and file it?

 

@mindthegap

[OldUser 6,479]

47 minutes ago, Koke Sisman said:

I just met another attorney today. He said he also won’t refile for I751 since he thinkfs that the application wouldn’t be approved because it needs to be done 3 months before the 1st greencard back from 2017 expires.

 

anyone knows an attorney who can help me and file it?

 

@mindthegap

Find a lawyer on https://www.ailalawyer.com/

 

You can file I-751 late if you have a good reason. Your reason should be fine as long as you can actually prove you had a bonafide marriage.

 

 

[mindthegap 2,589]

13 hours ago, Koke Sisman said:

I just met another attorney today. He said he also won’t refile for I751 since he thinkfs that the application wouldn’t be approved because it needs to be done 3 months before the 1st greencard back from 2017 expires.

 

anyone knows an attorney who can help me and file it?

 

@mindthegap

 

Not in your part of the country, no. 

 

Where do these people get their law degrees? That you can file a waiver I-751 at any time is at the top of page 1 of the goddamn I-751 instructions...

 

 

Not to mention it is also referenced many, many places in other law and statute.

That is also I-751 101 basics, that someone who is filing I-751s should absolutely know. 

 

 

 

 

[mindthegap 2,589]

12 hours ago, OldUser said:

You can file I-751 late if you have a good reason. Your reason should be fine as long as you can actually prove you had a bonafide marriage.

 

No reason is required for a waiver filing, as it is expressly permitted to be filed at any time, so it is never considered 'late'.

A joint filing can be filed late as long as you give a reason in a brief cover letter requesting the late filing be excused. In practice, any late filing jointly is unlikely to be rejected for any reason - as long as you give one- as they know an immigration judge will order that overturned and it to be accepted. 

[OldUser 6,479]

1 hour ago, mindthegap said:

 

No reason is required for a waiver filing, as it is expressly permitted to be filed at any time, so it is never considered 'late'.

A joint filing can be filed late as long as you give a reason in a brief cover letter requesting the late filing be excused. In practice, any late filing jointly is unlikely to be rejected for any reason - as long as you give one- as they know an immigration judge will order that overturned and it to be accepted. 

Thank you for clarification. I was commenting from the standpoint I-751 should only be re-filed if one has a compelling evidence to support bonafide marriage, and geniunely wishes to remove conditions. Filing I-751 for the sake of extending presence in the US, like OP was suggesting "buying time" is borderline of immigration fraud, similar to fake asylum claims etc. Of course, I'm not an IJ and wouldn't want to be.

Edited February 23 by OldUser

[Koke Sisman 1]

@OldUser

 

Regarding Buying time: I don’t have much faith that end the of this process I’ll be fine. But I have a life here for 8 years. I need some time to settle everything here and to make the transition for my next destination in life. 
 

regarding fraud: I don’t think I’m doing fraud here. I will at the end of this process appear at the court, but I need to be latest November in Turkey for a surgery. And in order to defend myself in court even if there is a little chance I still need to be able to enter the country. If a refile makes me eligible for that, why not?

 

I also doubt if I should really appear in court because if I appear most likely they will deport me. Maybe leaving after I settle everything here which should take about 1-2 years I might leave on my own will so I don’t have a deportation in my record. Maybe a few years later I wanna travel to the US for a vacation on a Esta or B1/B2 with my future family

[Sweetdreaming 395]

20 hours ago, Koke Sisman said:

@OldUser

 

I also doubt if I should really appear in court because if I appear most likely they will deport me. 

 

At this point I'm wondering what you aren't telling us, why are you so certain you will be deported?

Can you not meet the low threshold of entering into the marriage in good faith?

Do you not have any evidence of your time married?

 

Something seems off here

[Koke Sisman 1]

Yes, that’s the reason why they denied the application I have already provided all the evidences I have. I spoke to a few attorneys and they also think the chances are low to turn it on the court if I don’t have more evidence

[Sweetdreaming 395]

Maybe spend some time focusing on what counts as evidence, you may have more than you think. Texts, photos, bank statements, leases/ mortgages, any bill that has both you names.

[zeusgt 22]

9 minutes ago, Koke Sisman said:

Yes, that’s the reason why they denied the application I have already provided all the evidences I have. I spoke to a few attorneys and they also think the chances are low to turn it on the court if I don’t have more evidence

Anything could help. Do you have a relationship with your ex-wife where you could ask her to write a sworn affidavit about the validity of your marriage? Like the comment above has mentioned, at this stage anything goes. What evidence did you provide with your first application?

[Koke Sisman 1]

48 minutes ago, zeusgt said:

Anything could help. Do you have a relationship with your ex-wife where you could ask her to write a sworn affidavit about the validity of your marriage? Like the comment above has mentioned, at this stage anything goes. What evidence did you provide with your first application?

Yes I do. She would do that. She wrote a letter before but it wasn’t a sworn one. Other than that I submitted tons of things but they made a site visit and I wasn’t there and the neigbor they asked didn’t recognize me. I provided even flight tickets hotel bookings photos with family joint accounts but the site visit made it 

[OldUser 6,479]

58 minutes ago, Koke Sisman said:

Yes I do. She would do that. She wrote a letter before but it wasn’t a sworn one. Other than that I submitted tons of things but they made a site visit and I wasn’t there and the neigbor they asked didn’t recognize me. I provided even flight tickets hotel bookings photos with family joint accounts but the site visit made it 

Where were you when the site visit occured? Did you live there? What about the spouse? Did they talk to your spouse?

[Family 3,988]

On 2/19/2024 at 11:33 AM, Koke Sisman said:

@mindthegap Thank you! You are really inspiring me to fight this. I also wish you best luck! Today I am gonna meet my attorney first time after the denial. I am also open to other attorney suggestions. I heard about Hacking Immigration Law Group. Do you have a good attorney who knows how to defend me instead of just doing paperwork!

 

Im gonna refile and apply for an emergency travel document. Hopefully that arrives on time so I can take care of my health and business!

 

I am not entitled to get a b1 b2 now but I was thinking if I leave the country on my own without deportation, later on I can apply for a tourist visa once my permanent residency is final and ended.

Your refile will be denied if based on same basis that failed on the first ( waiver of joint based on marriage ). They have you flagged for fraud marriage . 
 

Given your resources, our healthcare system, it is unusual not to set up insurance coverage and manage surgeries and care in the US. 
When faced with marriage fraud determination, am quite sure the attorney knowing the chronic and extraordinary nature of your health conditions would have advised you to switch care to the US and go for a Hardship to self Waiver ….

 

If all you want is a clean break with the US , then you must defend yourself in immigration court…just to clear the record of marriage fraud. …not sure if govt would entertain a pre trial VD voluntarily departure but can’t know without NTA
Unless you do that….you won’t be coming and going at anytime in the future…on any visa

[Family 3,988]

On 2/23/2024 at 6:56 AM, mindthegap said:

 

No reason is required for a waiver filing, as it is expressly permitted to be filed at any time, so it is never considered 'late'.

A joint filing can be filed late as long as you give a reason in a brief cover letter requesting the late filing be excused. In practice, any late filing jointly is unlikely to be rejected for any reason - as long as you give one- as they know an immigration judge will order that overturned and it to be accepted. 

Given OP denial details,  skimpy record of marriage, I would only refile with a Hardship to self waiver based on heath. Enroll in health insurance, book 2 or 3 specialist appointments to obtain diagnosis, plan of care that include future surgeries . Perfectly ok to address past treatments in Turkey and highlight challenges of airflights 

‘I cannot even imagine a US doctor advising a spinal surgery patient to go on long haul flights before 6 months of recovery.