Hello all I have been reading this forum for a while now while I am helping someone close to me through this process. Was wondering if someone could help me with this problem...

Let me start of by saying that I am helping someone through this process that is currently married, but is in the process of getting a divorce. She has been married for over 3 years and was in no way trying to evade immigration law when she came to this country. With that being said, here is how our process has progressed.

Her two year perm. resident card expired in October 2007.We had called USCIS to see what we should do, they told us to file a I-751 form to receive the 10 year card. We also told them that she was in the process of getting a divorce. We sent in the application for the I-751 form in August 2007, in Sept. 2007 we got a response requesting for more evidence. So we gathered a bunch of items and sent it. We thought we had a pretty good case. But, earlier this week we got a letter in the mail notifying us that the case had been denied due to the fact that her marriage was not finalized yet. It also said in the letter that she had to surrender her 2 year card, and there was also something in the letter about having to go before a judge...

I would love some advice on what to do next, or how this usually works. Thank you for reading.

I would recommend contacting an immigration attorney

ohh sorry to hear that....the only chance is gettigng a lawyer ....

Oh dear!

This is NOT good. Basically the person you're trying to help either has been suspected of some kind of fraud, she did not qualify to receive immigration benefits in the first place, has been dectected to be trying to circumvent the law somehow or most likely the marriage upon which the original petition was based cannot be accepted by the government - but whatever it is, the USCIS is terminating her permanent residence and she is about to be dragged before a judge pending removal from the country.

Tell the person to RUN, not walk, to a GOOD immigration attorney's office.

Did you file joint I-751 or did you file for a waiver? If you filed joint then you are still eligible for adjudication but waiver cases cant be finalized without the divorce decree. Dont panic too much, higher a lawyer, go the the immigration judge with a lawyer if they asked you to, explain the situation. Then get a divorce and file a new I-751 with waiver option. Should be ok.

Thanks for all the replies, to clarify the situation,

She is still married, but in the process to get a divorce. When we filed we filed the I-751 waiver, not jointly. If we get the final divorece decree in a few weeks, can we just send it in to USCIS? This woman is currently 6 months pregnant with an USC's baby. Anyone know if that changes anything. We scheduled a Info pass meeting for friday to get some more information. When we go to the info pass meeting does she have to surrender her green card? She has a really good job here in Las Vegas for a big corp. does this meen that she will be unable to work? Thanks again for reading, and I appreciate all the replys.

you friend case is similar to my case. I haven't send paperwork to USCIS yet. I hope I don't get denied like your friend. I hope your friend will be OK with this case.

Weaver cases requires divorce to be finalizedand that is why you case is denied. As its already denied you can't reopen it (you can but its very long process..it involves attorney and lot of money)so the easiest way is once you get the divorce decree in hand you can submit new I-751 right away. If you already got the Notice to Appear (NTA) then you will have hire the attorney anyway and appear in front of the judge. I know its very tricky situation but dont panic, you should be fine. Everything is well which ends well.

she needs to hire a competent lawyer.

take care & good luck.

She wasn't eligible to file the waiver, since a waiver must be accompanied by a divorce decree. She needs an attorney, pronto.




Her denial means that she is out of status. She should not work.

What BS! She has been denied, because she filed inappropraitely. I have no reason to believe that USCIS thinks her marriage was fraudulent, how can you draw such a conclusion?

Unfortunately, being pregnant changes nothing.

Poor timing too. Is contemplating divorce in August 2007 to the extent that she attempts to file a waiver, and 6 months later is 6 months pregnant. It's a sad situation all around.