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

[nastra30 2,347]

Op, essentially there two actions that could be considered as status been terminated.

1. Receiving a I-751 denial notice 

2. Court terminating the CR status through NTA by USCIS

 

Original Matter of Stockwell:

https://www.justice.gov/sites/default/files/eoir/legacy/2012/08/14/3150.pdf

Based on original Matter of Stockwell, one wouldn't be able to adjust status based on 2nd marriage until the court has terminated the CR status of 1st marriage.

 

However, based on 2019 new guidance of Matter of Stockwell:

https://www.uscis.gov/archive/uscis-issues-guidance-on-adjustment-of-status-by-aliens-whose-conditional-permanent-residence-has

You can adjust status based on new marriage once you receive notice of denial of I751 without waiting for a judge for formal termination.

 

---

Now my additional two cents. Nothing stops you from filing adjustment of status right now based on 2nd marriage per the new guidance. If you go this route then of course you could also apply for travel document I-131. Now the actual approval of the adjustment will be a different matter because USCIS will want to cover it's bases of the 1st marriage to ensure there wasn't any fraud or misrepresentation involved so proving bona-fides of the 1st marriage isn’t going to go away. Also, I doubt USCIS will grant you an ADIT stamp without a refiled I-751, again due to the new guidance which essentially means your status has been revoked without court approval, but certainly free to try.

@Family, any thoughts.

Edited 19 hours ago by nastra30

[OldUser 7,346]

9 minutes ago, nastra30 said:

 

Now my additional two cents. Nothing stops you from filing adjustment of status right now based on 2nd marriage per the new guidance.

Adjust from what? OP is LPR. How can LPR adjust status?

Edited 19 hours ago by OldUser

[nastra30 2,347]

2 minutes ago, OldUser said:

Adjust from what? OP is LPR. How can LPR adjust status?

Op's status has been terminated based on new guidance of Matter of Stockwell. Did you read it?

https://www.uscis.gov/archive/uscis-issues-guidance-on-adjustment-of-status-by-aliens-whose-conditional-permanent-residence-has

Edited 19 hours ago by nastra30

[OldUser 7,346]

2 minutes ago, nastra30 said:

Op's status has been terminated based on new guidance of Matter of Stockwell. Did you read it?

The top of the page literally says with yellow warning: "The information on this page is out of date."

Edited 19 hours ago by OldUser

[nastra30 2,347]

1 minute ago, OldUser said:

The top of the page literally says with yellow warning: "The information on this page is out of date."

Sure; the guidance is still in play. The link is the page. Or just Google i guess.

[nastra30 2,347]

5 minutes ago, OldUser said:

The top of the page literally says with yellow warning: "The information on this page is out of date."

 

2 minutes ago, nastra30 said:

Sure; the guidance is still in play. The link is the page. Or just Google i guess.

Section G in link below.

 

G. Conditional Permanent Residents

 

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

[nastra30 2,347]

Relevant post discussed previously on similar subject on new marriage-based AOS pertaining to the new guidance. @mindthegapactually explained it quite well.

 

[Family 4,160]

47 minutes ago, nastra30 said:

Op, essentially there two actions that could be considered as status been terminated.

1. Receiving a I-751 denial notice 

2. Court terminating the CR status once through NTA by USCIS

 

Original Matter of Stockwell:

https://www.justice.gov/sites/default/files/eoir/legacy/2012/08/14/3150.pdf

Based on original Matter of Stockwell, one wouldn't be able to adjust status based on 2nd marriage until the court has terminated the CR status of 1st marriage.

 

However, based on 2019 new guidance of Matter of Stockwell:

https://www.uscis.gov/archive/uscis-issues-guidance-on-adjustment-of-status-by-aliens-whose-conditional-permanent-residence-has

You can adjust status based on new marriage based once you receive notice of denial of I751 without waiting for a judge for formal termination.

 

---

Now my additional two cents. Nothing stops you from filing adjustment of status right now based on 2nd marriage per the new guidance. If you go this route then of course you could also apply for travel document I-131. Now the actual approval of the adjustment will be a different matter because USCIS will want to cover it's bases of the 1st marriage to ensure there wasn't any fraud or misrepresentation involved so proving bona-fides of the 1st marriage isn’t going to go away. Also, I doubt USCIS will grant you an ADIT stamp without a refiled I-751, again due to the new guidance which essentially means your status has been revoked without court approval, but certainly free to try.

@Family, any thoughts.

First let me say your post and relevant links are excellent. Still can’t figure out how all the others forget the legendary @mindthegap resource rich posts on the subject 😂.

 

OP has good advice from his attorney, and can file the I-130 now without issue, even without waiting for the denial. Personally I think, doing so will accelerate a decision on the I-751.

 

Once he gets denial of I-751 , he can file the new spouse I-485…

Will he be able to get a stamp after denial,   whether he goes to EOIR or attempts to readjust , FOR SURE.

 

BUT….usually behind an innocuous “ not enough bonafides” , hides an implied adversarial position : they suspect fraud and will skewer with the new adjustment 

 

I say, take the bull by the horn , if denied pray for an NTA and see if you have better luck ( OR A great attorney) convincing te IJ marriage was real and/or USCiS can’t meet it’s burden.

[NNN10 1]

@OldUseri dont think I realized that I was typing all capitals since I was on my pc. 

I will contact the user that you mentioned. Maybe he/ she can give me an input. 

 

I am just trying to figure out what my options are at this point. 

[nastra30 2,347]

9 minutes ago, NNN10 said:

@OldUseri dont think I realized that I was typing all capitals since I was on my pc. 

I will contact the user that you mentioned. Maybe he/ she can give me an input. 

 

I am just trying to figure out what my options are at this point. 

In a nutshell.
-Hope for I-751 approval and further complications will be avoided.

- If I-751 denied, then no need to wait for NTA or IJ. Your LPR Status could be considered terminated at this point without seeing IJ. You may refile I-751 or you can adjust through 2nd marriage and deal any accompanying bona-fide issues that comes with it. 

 

- Probably better to work with your lawyer for any complexities.

 

Good luck.

Edited 18 hours ago by nastra30

[NNN10 1]

@Family so let me see if I understand. I should be able to get the stamp even if I apply for new  I-130 after I-751 denial ? 
 

I call them and I ask for the stamp just like I have been doing these past years only that this time I would have a I-751 denied and I-130 pending. 
 

when I ask for the stamp I said that is for my case I-751 that was denied and that I am waiting for my NTA ? 

[belinda63 3,046]

You can't get anything with just the I-130. You would need to also file the I-485 which is the application to adjust status. The receipt from the I-485 give you status in the US as pending. You would need to file for employment authorization to work and advance parole if you want to leave the country without abandoning the adjustment of status.

I'm not saying you could do this with your I-751 in limbo, I am just saying the I-130 by itself does nothing for your status.

[Family 4,160]

2 hours ago, NNN10 said:

@Family so let me see if I understand. I should be able to get the stamp even if I apply for new  I-130 after I-751 denial ? 
 

I call them and I ask for the stamp just like I have been doing these past years only that this time I would have a I-751 denied and I-130 pending. 
 

when I ask for the stamp I said that is for my case I-751 that was denied and that I am waiting for my NTA ? 

I realize you’re getting lots of input , allow me clarify my response/position . 
Considering you are a bit nervous about that NOID , your best course of action is to clearly understand AND be on board with your attorney’s strategy. What is that ?
 

Is he advising you to wait for denial BEFORE filing I-130 ? 
‘Is attorney telling you to file only I-130 , not I-485 and “wait for NTA” ?

Are you already married? 

 

I don’t think it’s prudent to wait or delay either marriage or new I-130 and try to juggle timing .

Your new marriage will neither hurt nor help  pending I-751 ….they are going to start churning out NTA s pretty fast after denials….BUT could sit on your NOID another year.

 

Besides you don’t want to marry in proceedings or give them another reason to call flag on your play.
 

As for how you would get stamp…you will have to wait and see changes. Perhaps you will simply call, as you have done or they come up with other protocols, like going in person w infopass . I keep referencing @mindthegap , read through his posts to draw strength. He has obtained about 10-15 stamps over the  approximate 10 year ONGOING BATTLE. 

 

 

 

Edited 15 hours ago by Family

[NNN10 1]

@FamilyMy attorney says that he will file both I-130 and I-485 if I receive a denial. However, I am the one wondering if I could get a stamp while the new I-130&I485 is pending since I would be still considerate a permanent resident until I go to court. You are completely right tho. You polices are about to change and I guess I should wait and see. 
 

oh no! Waiting for that NOiD one more year 🙂‍↕️… I have been waiting two years since I sent the response. 
 

I just got married. 4 years after my divorce.

 
 

[EM_Vandaveer 2,412]

13 hours ago, NNN10 said:

@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

There's no "starting over", you have to convince either USCIS or immigration court that your original marriage to a USC was bina fide.