I751 denied

[Koke Sisman 1]

@Family you’re saying if I would just leave without any refile or appeal, they will never let me back in in with a German passport? How about I let the  court or USCIS know with a letter that I’m leaving because they denied my case and I don’t wanna have any deportation in my record? It doesn’t say fraud in my denial but they said it’s not determined bona fide

[OldUser 6,479]

20 minutes ago, Koke Sisman said:

@Family you’re saying if I would just leave without any refile or appeal, they will never let me back in in with a German passport?

Once you're no longer LPR, your entry is never guaranteed. Especially with complex immigration past.

[Family 3,988]

28 minutes ago, Koke Sisman said:

@Family you’re saying if I would just leave without any refile or appeal, they will never let me back in in with a German passport? How about I let the  court or USCIS know with a letter that I’m leaving because they denied my case and I don’t wanna have any deportation in my record? It doesn’t say fraud in my denial but they said it’s not determined bona fide

Yes , they are strategically vague on language but I am quite certain you know FDNS took a long look at you and likely did a pick a part of the limited evidence you did submit. 
 

No, writing a letter to either USCIS waiving white flag , will do nothing . ..as neither will look at it. USCIS has already be denied and EOIR does not have jurisdiction til NTA filed w court…by USCIS itself. …game of chance when that will happen. Once in court , you can see if  VD is possible before trial. That does not count as a deportation.

 

If you just want time to be able to get through your surgery and wind down…a scenario that involves travel, then refile on hardship as I outlined . Your medical condition is a valid reason .

 

Keep close eye on the new I-751 ( via online account ) during out of the country travels . Even if it is denied while outside the country, a quick I-290 B will give you ability to get back in. 
 

If you were able to stand still and wait out the NTA to court, I would say don’t bother refilling and argue hardship plus fight fraud in front of judge . But since you have to go, then it’s safer to refile now
 

 

 

[Koke Sisman 1]

@Family

 

i mean my doctors are back in Turkey and filing for extreme hardship with the reason that i need to travel to Turkey because of my medical condition they would just think your doctors are back in Turkey you can leave and you don’t need to come back because my health is the extreme hardship, no?

[Boiler 45,317]

i assumed this was a financial hardship?

[Koke Sisman 1]

 

On 2/24/2024 at 11:12 AM, OldUser said:

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

no they didn’t non of us were there, we didn’t lived there at that point. And the homeowner said she was living there but not me also that my name is not on the lease. He never liked me. @OldUser 

 

On 2/24/2024 at 11:48 AM, Family said:

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

You mean refile will be denied right away before I got any notice and extension letter like they won’t accept the application  or at the end of the process? @Family

[Family 3,988]

2 hours ago, Koke Sisman said:

@Family

 

i mean my doctors are back in Turkey and filing for extreme hardship with the reason that i need to travel to Turkey because of my medical condition they would just think your doctors are back in Turkey you can leave and you don’t need to come back because my health is the extreme hardship, no?

You misunderstand. The medical hardship waiver is to have conditions removed …but not based on the bonafide marriage standard

 

 

Edited February 26 by Family

[Family 3,988]

33 minutes ago, Koke Sisman said:

 

no they didn’t non of us were there, we didn’t lived there at that point. And the homeowner said she was living there but not me also that my name is not on the lease. He never liked me. @OldUser 

 

You mean refile will be denied right away before I got any notice and extension letter like they won’t accept the application  or at the end of the process? @Family

I am saying refile on medical hardship waiver. Refiling the same as before leaves you very vulnerable to whatever …including a super quick decision …

[Family 3,988]

2 hours ago, Koke Sisman said:

@Family

 

i mean my doctors are back in Turkey and filing for extreme hardship with the reason that i need to travel to Turkey because of my medical condition they would just think your doctors are back in Turkey you can leave and you don’t need to come back because my health is the extreme hardship, no?

Read the option on I-751 to understand , reread my previous post or call me your attorney to walk you through it

 

[Koke Sisman 1]

@FamilyI saw the waiver option in the form. I also read you previous post. Medical hardship must be hard to prove right? Would really appreviate if you could walk me through that options

[Boiler 45,317]

I thought you wanted to go to Turkey for MEdical treatment anyway?

[Family 3,988]

1 hour ago, Koke Sisman said:

@FamilyI saw the waiver option in the form. I also read you previous post. Medical hardship must be hard to prove right? Would really appreviate if you could walk me through that options

I hope you caught my typo 😂.. I meant call your attorney. 

Here is a short recap. You have serious and chronic medical issues that qualify you to ask for discretion …as US has top medical care . …

‘Send a good package , with some US specialists evaluation and state losing your green card would cause extreme hardship to you…

‘They do have to at least look at the new filing in a different light…and not play boomerang with another based on marriage they do not believe and lacking any credible new evidence.

[Family 3,988]

1 hour ago, Koke Sisman said:

must be hard to prove right?

If you have  major chronic health issues , you have in big part proven case…and they will give it due consideration…and at least give you time to manage upcoming spinal care trip.
Does not mean they will approve it on discretion. …so final resolution may still be proving to an immigration judge that a bad marriage was not a bad faith one
 

 

[Koke Sisman 1]

@mindthegap

 

I decided to refile by myself as you did. I’ll have almost same evidences plus her moms affidavit, our roommates affidavit, and my ex wife’s affidavit. 

 

Should the application be based on the declined one, be more like a reply to the reasons they declined me for, showing them they did wrong? Or like a brand new application with %90 same evidences plus new ones? 

 

Asking because it’s a refile, not an appeal.

 

As example one of the reasons was that one neighbors didn’t recognize me on the home visit and I will have an affidavit from our roommate stating that I was living in the house with my ex wife.

one more question I have:

What happens if I refile, get the stamp based on refile and left. While I’m out of the country I got a the NTA. Would the NTA make my stamp based on refile invalid?

[TBoneTX 45,031]

A recent post has been removed from this thread for these reasons:

 

1)  Someone else's original post was translated into Spanish when quoted -- in the upper forums, you must leave things in English.

2)  The question and quote appeared multiple times.

3)  The original poster hasn't logged on to VJ in 8 months.

 

The recent poster is welcome to start an original thread if there are questions about the topic.