Can I get an i-551 stamp after the i-751 waiver denial? If I have not received the NTA

[NNN10 4]

- if the is I-751 denied for lack of evidence of bona fide marriage
- can I  submit a new i-130 with a new husband? Can I get a stamp while the new i-130 is being processed? to continue working and as proof of residence for school?

[appleblossom 3,030]

Have you resubmitted the I-751? 

 

What’s your current status? You can’t get a I-551 from a pending I-130. 

[Crazy Cat 42,183]

13 minutes ago, Kh1096 said:

- if the is I-751 denied for lack of evidence of bona fide marriage
- can I  submit a new i-130 with a new husband? Can I get a stamp while the new i-130 is being processed? to continue working and as proof of residence for school?

I think that, until the denied I-751 is resolved, your immigration path will be difficult.  Even an approved I-130 gives no immigration rights. 

[Sam Walz 8]

This wholly depends on *why* the original I-751 was denied. If it was denied on merits, then no future I-130 with you as a beneficiary can be approved and you’ll be deemed inadmissible. But yes, you can resubmit I-751 however if your original I-751 was denied on merits, you’re probably better off arguing for wrongful denial in immigration court. 

[NNN10 4]

@appleblossom I am currently waiting for approval for the i-751 waiver. However, I got a NOID  2 years ago and I haven't heard back so I am looking at the worst case scenario.

I am wondering if I get denied can I get a new i-551 while I file for a new i-130 and while I wait for NTA. 

[NNN10 4]

@Sam Walz  I don't want to refile a new i-751. if denied I would like to start over since I already sent them everything that I have as proof.

i just don't want to lose my job or get out of school while submitting the new i-130

[NNN10 4]

@Crazy Cat how can it be solved if I sent them all the proof that I have and still don't get approved? 

 

If the case results in denial.

[Crazy Cat 42,183]

5 minutes ago, Kh1096 said:

@Crazy Cat how can it be solved if I sent them all the proof that I have and still don't get approved? 

 

If the case results in denial.

Have you asked your attorney these questions?  With the new administration, this is not the time to be out of status if your I-751 is actually denied.  

[NNN10 4]

@Crazy Cat yes, they were the ones that mentioned that I could apply for a new i-130. However, while I wait for the new I-130 to be processed can I get an i-551 stamp that way I won't lose my job and get kicked out of school.

according to him, I am a permanent resident until a judge says that I am not so, I am guessing that I would have the right to continue getting an i-551 stamp until either of the two cases gets a decision. i could be wrong tho.

[Crazy Cat 42,183]

2 minutes ago, Kh1096 said:

they were the ones that mentioned that I could apply for a new i-130.

Apply for a new I-130 from a NEW husband while waiting for an I-751 waiver with the 1st marriage?  I think you're asking for extreme scrutiny.  This could be seen as a marriage for immigration purposes.

[Crazy Cat 42,183]

Remember that an I-130 gives no rights to stay in the US, or work in the US.  That would take an I-485 for the new marriage or an approved I-751 from the first divorce waiver.

[NNN10 4]

@Crazy CatI WOULD NOT APPLY FOR A NEW I-130 IF MY I-751 IS PENDING. IF MY I-751 WAIVER GETS DENIED I WOULD LIKE TO APPLY FOR NEW I-130 SINCE I WOULD NOT HAVE ANOTHER OPTION.

 

YOU CANNOT HAVE TWO MARRIAGE CASES OEPN AT THE SAME TIME. I AM CHECKING WHAT ARE MY OPTIONS IF I GET DENIED. 

 

 IF I GET DENIED CAN I GET A I551 STAMP WHILE WAITING FOR NTA LETTER ?

CAN I SEND A NEW I130 APPLICATION? 

 

 

[Lemonslice 4,961]

Could you please file your timeline?

 

https://www.visajourney.com/timeline/profile.php?id=473093

[OldUser 7,400]

1 hour ago, NNN10 said:

@Crazy CatI WOULD NOT APPLY FOR A NEW I-130 IF MY I-751 IS PENDING. IF MY I-751 WAIVER GETS DENIED I WOULD LIKE TO APPLY FOR NEW I-130 SINCE I WOULD NOT HAVE ANOTHER OPTION.

 

YOU CANNOT HAVE TWO MARRIAGE CASES OEPN AT THE SAME TIME. I AM CHECKING WHAT ARE MY OPTIONS IF I GET DENIED. 

 

 IF I GET DENIED CAN I GET A I551 STAMP WHILE WAITING FOR NTA LETTER ?

CAN I SEND A NEW I130 APPLICATION? 

 

 

Why all caps? This can be viewed as shouting at a VJ member.

 

You can try getting stamps, but it gets difficult as USCIS is reluctant to give any stamps when you have no pending case with them.

 

Looping @mindthegap here as a member with most experience navigating several I-751 denials.

 

No matter what you do at this point, prior marriage that gave you GC will haunt you until you prove it was real.

Edited Saturday at 11:33 PM by OldUser

[Crazy Cat 42,183]

I think any talk of a new I-130 prior to resolution of the pending I-751 is premature at the is point. I also think this is attorney territory.