751 denied twice. Got NTA and reappled 751.

[Ksenia_k 1]

Hello, everyone.

My story is complicated and any advice would be highly appreciated.

So I got my first green card in 2012, in 2014 we filed joint petition with my husband for removal of conditions, we had interview and USCIS sent us RFE notice, we sent all required documents and kept waiting. Each year I got stamp in my passport and was able to travel without any problems. In 2017 I ve called USCIS to inquire about my case, and they said they will send me another interview notice. That year we moved with my husband to Florida and transferred our case there. After 1 year we decided to move back to NY. I did not report address change right away because I did mail forwarding to our NY address from Florida so I was sure I will get interview notice. I didn’t want to transfer case back to NY because I was afraid of another delays.
In 2020 I went again to Infopass appointment to get another  stamp. 
The gentleman there was very nice and polite and he was very confused why it taking so long to get decision on the case. He told me to wait and in about 15 mins he came with the news that my 751 was denied back in 2018 due to missed interview. I did not got interview notice or denial notice 😅 I know it sounds crazy but I found out later that USPS never forwards legal mails. But!! I did get stamps and travelled internationally with no problems for 2 years after denial, with denied 751. No one from the custom or infopass personnel during all these years told me that! This gentleman told me to reapply and gave me new stamp extension for another year. 

Then, we prepared new 751 and refilled in January 2021. Suddenly my husband passed away in December 2021. In April 2023 I got interview notice and I went there. The officer asked me why I came without my husband I told he passed away. Then he started to ask me about Florida and missed interview. We had joint accounts, a lot of pictures together, I also had letters from hospital that I was listed in my husband’s chart as primary contact. We had taxes and joint bank accounts together, I was also listed as survivor spouse on his death certificate. About 4 months after interview I got denial notice stating I never lived with my husband, and married him only for documents like  it’s not bona fede marriage and that I ve submitted the same pictures as 7 years ago. My husband was much older than me. They also stated that I ve traveled 18 times in past 12 years without my husband (I ve traveled alone because I studied in Europe, and also because we have 2 kids and the rest of my family live outside of USA so kids usually spent each summer with their grandparents).

Long story short, I got NTA notice to appear in court in June 2025, but I still decided reapply 751, I got more proofs like bank statements for past 10 years from different banks, medical records, affidavits, school records for kids, birth certificates, death certificate, taxes for past 5 years , and approximately 150 pictures from different time periods.  

In August 2024 it was accepted and I got extension for 48 months.

I have consulted with many lawyers but found it useless. They all giving different answers and different opinions (like to wait for court, could take another 2-3 years, file with court for green card based on 10 years rule - maybe 5-6 years of wait, and another one said they won’t approve 75- if they already marked it as non bona fede marriage). I am very confused and decided to ask here you opinion. Thank you in advance for all your responses!

 

My questions:

1. Can I travel with this extension letter and new stamp while I am in removal proceedings?
2. Is there chance to get approval (751) after 2 denials and with issued NTA?
3. Can I apply for citizenship while my 751 pending if I have NTA notice

 

[Crazy Cat 41,985]

 You need a GOOD attorney.   You made some mistakes along your journey.   Personally, I wouldn't travel or apply for citizenship at this time.

Edited October 7 by Crazy Cat

[appleblossom 2,835]

2 hours ago, Ksenia_k said:

After 1 year we decided to move back to NY. I did not report address change right away because I did mail forwarding to our NY address from Florida so I was sure I will get interview notice.

 

Too late now, but it was a legal requirement that you informed USCIS of your change of address within 10 days. It's not something you had a choice over. 

 

I agree with @Crazy Cat, you need a good lawyer, this isn't a DIY case. 

 

Good luck. 

Edited October 7 by appleblossom

[Dashinka 24,657]

I will defer to @mindthegap regarding complicated I751s.  Personally, I would not travel right now at least until the NTA is cleared up, and you might want a lawyer to help you with that.  I expect the court, when it gets to that would drive a new filing of the I751 which of course you already did.

 

Good Luck!

[Ksenia_k 1]

7 hours ago, Dashinka said:

I will defer to @mindthegap regarding complicated I751s.  Personally, I would not travel right now at least until the NTA is cleared up, and you might want a lawyer to help you with that.  I expect the court, when it gets to that would drive a new filing of the I751 which of course you already did.

 

Good Luck!

Thank you 🙏🏻 

7 hours ago, appleblossom said:

 

Too late now, but it was a legal requirement that you informed USCIS of your change of address within 10 days. It's not something you had a choice over. 

 

I agree with @Crazy Cat, you need a good lawyer, this isn't a DIY case. 

 

Good luck. 

Thank you.

10 hours ago, Crazy Cat said:

 You need a GOOD attorney.   You made some mistakes along your journey.   Personally, I wouldn't travel or apply for citizenship at this time.

Thanks for your advice.

[mindthegap 2,590]

1. Can I travel with this extension letter and new stamp while I am in removal proceedings?

Yes. 

1. Is there chance to get approval (751) after 2 denials and with issued NTA?

Is there a chance? Yes. Will it happen? Unlikely.

Once USCIS are fixated on something and prejudiced about some aspect of your case, it is unlikely they will change their minds, as I unfortunately know only too well. 

1. Can I apply for citizenship while my 751 pending if I have NTA notice

Yes. But file it with the understanding that it may well be denied (even after your N-400 interview) when they deny the new I-751 filing. If they don't deny the new I-751, then the N-400 would be approved. 

[Ksenia_k 1]

1 hour ago, mindthegap said:

1. Can I travel with this extension letter and new stamp while I am in removal proceedings?

Yes. 

1. Is there chance to get approval (751) after 2 denials and with issued NTA?

Is there a chance? Yes. Will it happen? Unlikely.

Once USCIS are fixated on something and prejudiced about some aspect of your case, it is unlikely they will change their minds, as I unfortunately know only too well. 

1. Can I apply for citizenship while my 751 pending if I have NTA notice

Yes. But file it with the understanding that it may well be denied (even after your N-400 interview) when they deny the new I-751 filing. If they don't deny the new I-751, then the N-400 would be approved. 

Thank you sooo much for all your responses! I appreciate it

 

i found this forum very helpful)

let’s see) Fingers crossed 🤞

 

[Salva 4]

On 10/7/2024 at 10:51 AM, Ksenia_k said:

 

Hello, everyone.

My story is complicated and any advice would be highly appreciated.

So I got my first green card in 2012, in 2014 we filed joint petition with my husband for removal of conditions, we had interview and USCIS sent us RFE notice, we sent all required documents and kept waiting. Each year I got stamp in my passport and was able to travel without any problems. In 2017 I ve called USCIS to inquire about my case, and they said they will send me another interview notice. That year we moved with my husband to Florida and transferred our case there. After 1 year we decided to move back to NY. I did not report address change right away because I did mail forwarding to our NY address from Florida so I was sure I will get interview notice. I didn’t want to transfer case back to NY because I was afraid of another delays.
In 2020 I went again to Infopass appointment to get another  stamp. 
The gentleman there was very nice and polite and he was very confused why it taking so long to get decision on the case. He told me to wait and in about 15 mins he came with the news that my 751 was denied back in 2018 due to missed interview. I did not got interview notice or denial notice 😅 I know it sounds crazy but I found out later that USPS never forwards legal mails. But!! I did get stamps and travelled internationally with no problems for 2 years after denial, with denied 751. No one from the custom or infopass personnel during all these years told me that! This gentleman told me to reapply and gave me new stamp extension for another year. 

Then, we prepared new 751 and refilled in January 2021. Suddenly my husband passed away in December 2021. In April 2023 I got interview notice and I went there. The officer asked me why I came without my husband I told he passed away. Then he started to ask me about Florida and missed interview. We had joint accounts, a lot of pictures together, I also had letters from hospital that I was listed in my husband’s chart as primary contact. We had taxes and joint bank accounts together, I was also listed as survivor spouse on his death certificate. About 4 months after interview I got denial notice stating I never lived with my husband, and married him only for documents like  it’s not bona fede marriage and that I ve submitted the same pictures as 7 years ago. My husband was much older than me. They also stated that I ve traveled 18 times in past 12 years without my husband (I ve traveled alone because I studied in Europe, and also because we have 2 kids and the rest of my family live outside of USA so kids usually spent each summer with their grandparents).

Long story short, I got NTA notice to appear in court in June 2025, but I still decided reapply 751, I got more proofs like bank statements for past 10 years from different banks, medical records, affidavits, school records for kids, birth certificates, death certificate, taxes for past 5 years , and approximately 150 pictures from different time periods.  

In August 2024 it was accepted and I got extension for 48 months.

I have consulted with many lawyers but found it useless. They all giving different answers and different opinions (like to wait for court, could take another 2-3 years, file with court for green card based on 10 years rule - maybe 5-6 years of wait, and another one said they won’t approve 75- if they already marked it as non bona fede marriage). I am very confused and decided to ask here you opinion. Thank you in advance for all your responses!

 

My questions:

1. Can I travel with this extension letter and new stamp while I am in removal proceedings?
2. Is there chance to get approval (751) after 2 denials and with issued NTA?
3. Can I apply for citizenship while my 751 pending if I have NTA notice

 

Please keep us posted. I am in pretty much similar situation

[Family 4,068]

Your newly filed I-751 will get denied for “ lack of jurisdiction “, simply put they’ve kicked the ball to the immigration court and your best course of action is to start nudging the court . 
 

‘’Though you can’t “call” or visit/info pass the court, there are a few effective actions you must take to try and get the case resolved .

 

1st : Try to file a Motion to Advance / Motion to Terminate. Reach out to OPLA and ask they join/not oppose the motion

You have an excellent stack of real/joint life evidence, so don’t be intimidated, you will prevail and keep your green card/status.

Yes, you can DIY this , if you’re determined or just keep looking for an attorney that will do what YOU ask. 
 

You need to change your mindset , instead of paying for “ consultation “ approach this as if you are interviewing the attorneys for a  specific “ job” /project. ..or in your case a particular course of legal action . 
 

So practice saying ( 10 different ways, if possible 😂..cause remember lawyers are slick and can talk you into or out anything) I WANT TO FILE A Motion to Advance Calendar / Motion To Terminate ( or similar sounding)

 

@Verrou and @Demise always have valuable input, hoping they come across your post.

 

2nd You’re fine to travel with the stamp, that’s why CBP never bothered you before. You REMAIN an LPR until Immigration Judge decides. …
 

[Demise 1,306]

4 hours ago, Family said:

Your newly filed I-751 will get denied for “ lack of jurisdiction “, simply put they’ve kicked the ball to the immigration court and your best course of action is to start nudging the court . 
 

‘’Though you can’t “call” or visit/info pass the court, there are a few effective actions you must take to try and get the case resolved .

 

1st : Try to file a Motion to Advance / Motion to Terminate. Reach out to OPLA and ask they join/not oppose the motion

You have an excellent stack of real/joint life evidence, so don’t be intimidated, you will prevail and keep your green card/status.

Yes, you can DIY this , if you’re determined or just keep looking for an attorney that will do what YOU ask. 
 

You need to change your mindset , instead of paying for “ consultation “ approach this as if you are interviewing the attorneys for a  specific “ job” /project. ..or in your case a particular course of legal action . 
 

So practice saying ( 10 different ways, if possible 😂..cause remember lawyers are slick and can talk you into or out anything) I WANT TO FILE A Motion to Advance Calendar / Motion To Terminate ( or similar sounding)

 

@Verrou and @Demise always have valuable input, hoping they come across your post.

 

2nd You’re fine to travel with the stamp, that’s why CBP never bothered you before. You REMAIN an LPR until Immigration Judge decides. …
 

Actually original jurisdiction over I-751 always rests with USCIS. On denial and NTA that's where IJ can do a de novo review.

https://www.uscis.gov/policy-manual/volume-6-part-i-chapter-7

 

Looking at this all, OP seems to be finally doing the correct thing here because USCIS in general wants proof for the entire marriage when filing I-751 (and possibly outside of the periods, like dating before actually getting married or handling the late spouse's estate in widow(er) cases.

 

To answer OP's questions:

 

While you remain an LPR while the proceedings are pending and until you get actually ordered removed, personally I wouldn't risk it.

Sure. Your first two denials seem like an issue of thin file. They might still RFE you for more where you'll want to get any circumstantial evidence, ordered late hubby something on Amazon, get the invoice and add that in. If kids are both yours and late husband's then DNA tests would be pretty good evidence since in general fake marriages won't produce kids (not saying they can't or that childless marriages are illegitimate, it's just what USCIS wants internally).

USCIS won't take an N-400 from someone in removal proceedings outside of the 9th circuit. In any case approval of an N-400 with a pending I-751 hinges on the I-751. So you can't file N-400 to somehow sidestep an I-751 unless you join the military and naturalize via military service.

 

[Verrou 1,962]

12 hours ago, Family said:

You need to change your mindset , instead of paying for “ consultation “ approach this as if you are interviewing the attorneys for a  specific “ job” /project. ..or in your case a particular course of legal action . 
 

that's exactly what is my mindset when i shopped for new lawyers. 70 lawyers in 2 months, got 3 that willing to do free consultation. it's actually not consultation because I KNOW EXACTLY WHAT I WANT  but my husband wont let me do pro-se (he know a lot about legal, his father was a non immigration lawyer).  basically i auditioning the lawyers and not the other way around. 3 of them said "refiled to the court (this is 485) " and only one finally said u seems u know exactly what u want, if u dont want to refile, we just need to file motion to terminate and then reopen the i-485" 

 

 

 

12 hours ago, Family said:

 

So practice saying ( 10 different ways, if possible 😂..cause remember lawyers are slick and can talk you into or out anything) I WANT TO FILE A Motion to Advance Calendar / Motion To Terminate ( or similar sounding)

 

bottom line : u have to know EVERYTHING about ur case, u have to advocate for urself, lawyer is the extension of ur hand but u have to control them to do exactly what u want. calling 3 lawyers is not enough. i did 70 lawyers, u can do it. if 70 lawyers said the same exact thing, they probably know more than u and u have to change ur strategy

 

12 hours ago, Family said:

2nd You’re fine to travel with the stamp, that’s why CBP never bothered you before. You REMAIN an LPR until Immigration Judge decides. …
 

because OP have been traveling numerous time without an issue, i dont think its gonna be a problem. if OP NEVER traveled before, i will jus stay put. BUT if its me, im not gonna travel. i'm very very cautious about this kind of thing because i dont have easy way since the beginning of my journey

do u have a chance to get i-751? perhaps - if u have tons of bonafide marriage evidence. the mind set here : overwhelmed them with great evidences and not just a bare minimum. think like this is ur very last chance to win ur case. u get i-751 approved, u can close ur case with immigration court with ur approval notice

 

dont waste ur money for n-400. get the i-751 approved first, then thing about n-400. u can file n-400 all u want but if i-751 not approved, u donate ur money to USCIS

Edited October 11 by Verrou