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  • This topic is locked This topic is locked

I-751 Denied

#1 scottnicolehaus

scottnicolehaus

    Newbie

  • Pip


Posted 03 August 2011 - 08:20 AM

Hello everyone I am needing help and don't know what my options are. Forgive me if I don't make alot of sense. I have been awake all night with worry. I recieved a letter yesturday saying that my wife Nicole's I751 application has been denied because of fraudulent marriage. This is all weird to me cause our marriage was entered into with good faith.

I had a friend tell me that they might be basing thier decision on my wife Nicole's salary she sends to her family back in Lake Taal Philippines. He said that probably in eye's of the person that did the interview they don't think we have a bona fied marriage, since Nicole is sending all her salary back home. My friend said for a bona fied marriage both husband and wife needs to show they are helping each other in paying bills, having the husband shoulder all the responsiblities is not a good wife. Ever since Nicole heard what my friend said she has locked herself up in our spare bedroom crying. I've tried everything to get her to talk to me and let me in. All I hear is Nicole praying to god for help, forgiveness if she did anyting wrong, and that she loves her bana. I just don't know what to do!!!
  • 0

#2 Barbara J

Barbara J

    Diamond Member



Posted 03 August 2011 - 08:37 AM

[quote name='scottnicolehaus' timestamp='1312377614' post='4822035']
Hello everyone I am needing help and don't know what my options are. Forgive me if I don't make alot of sense. I have been awake all night with worry. I recieved a letter yesturday saying that my wife Nicole's I751 application has been denied because of fraudulent marriage. This is all weird to me cause our marriage was entered into with good faith.

I had a friend tell me that they might be basing thier decision on my wife Nicole's salary she sends to her family back in Lake Taal Philippines. He said that probably in eye's of the person that did the interview they don't think we have a bona fied marriage, since Nicole is sending all her salary back home. My friend said for a bona fied marriage both husband and wife needs to show they are helping each other in paying bills, having the husband shoulder all the responsiblities is not a good wife. Ever since Nicole heard what my friend said she has locked herself up in our spare bedroom crying. I've tried everything to get her to talk to me and let me in. All I hear is Nicole praying to god for help, forgiveness if she did anyting wrong, and that she loves her bana. I just don't know what to do!!!



As far as your friends comment that it does not show a good wife because the husband shoulders al the responsibility what BS. I don't work as I choose not too and don't have to and my husband supports me and our household. So I would be very disappointed if they tried to deny me but then I am older . Not that I have not contributed financially to this marriage as I have. I would maybe agree that because she does send all her income back home it could be seen as a red flag and a fraudulent marriage. Surely someone else will know but you can appeal. Wish you luck

Edited by Barbara J, 03 August 2011 - 08:39 AM.

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Divorced !st November 2012.
Married only 2 years 1 month










#3 Bobby+Umit

Bobby+Umit

    Amor Vincit Omnia



Posted 03 August 2011 - 08:38 AM

You will have to appeal it. The letter should indicate what you need to do.

This is from the USCIS site:

How to Appeal

If your application to remove the conditions on your permanent residence is denied, you will receive a letter that will tell you why the application was denied. The process to remove you from the country will begin as soon as your application is denied. You will be allowed to have an immigration judge review the denial of your application during removal proceedings. During this review, we must prove that the facts on your application were untruthful and/or that your application was properly denied. If the immigration judge decides to remove you from the country, you may appeal this decision.


Generally, you may appeal within 30 days after the immigration judge decides to remove you from the country. After your appeal form and a required fee are processed, the appeal will be referred to the Board of Immigration Appeals in Washington, D.C.

You probably didn't show enough evidence that your life together is mingled (shared bills/money) - you will need to get stronger evidence - perhaps even some affidavits from people.

Tell your wife to stop praying and start helping you get the appeal going - do it now, don't delay.

Depending on your circumstances:

USCIS I-694 Appeal Form and instructions.

USCIS -290 Appeal / Motion Form and instructions

this is the chart for the use of 290 (depending on if your filing an appeal or a motion)
Motion / Appeal Eligibility Chart For Using I-290B


I would most definitely get with a lawyer - a mistake here will result in deportation.

Edited by Bobby+Umit, 03 August 2011 - 08:56 AM.

  • 2
My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

#4 scottnicolehaus

scottnicolehaus

    Newbie

  • Pip


Posted 03 August 2011 - 08:42 AM

Sorry everyone I didn't get to finish what else I needed to say in my first post. Our computer showed unexpected error and had to restart....


When Nicole started working two years ago she wanted to send her salary back home to her parents to help her three sisters to finish school, and for the oldest to attend college when she graduates from high school next year. I understand that things is very tough in the Philippines and its what all filipina's do is try to help her family back home. I don't have a problem with it cause it was her money that she using. I know my own dad did the samething for my grandparents in Colorado back in the 50's when he was in the Navy.

Surely Nicole isn't the only one that has done this. I know Visajourney is just a small fraction those going through the immigration bs and lifting of conditions. What are our options in this. I am scared to death that their going to send her back home. I would contact the lawyer that helped us but the ####### is on vacation and can't be reached. I would appreciate any thoughts what Nicole and I can do.

Thanks

Scott
  • 1

#5 timgrace Kohler

timgrace Kohler

    Member

  • PipPipPip


Posted 03 August 2011 - 09:30 AM

I am sorry to hear what is happening to you. Me and my wife are wondering if they give more detail on the letter why of the denial? I am wondering if this is just a recent change to the lifting of conditons. I have tried to search for anything similar to the situation and am not able to find anything. My wife has two years before we need to start on her lifting of conditions. I am new to this part and wanting to know as much as I can to help us prepare for it comes time for Grace's lifting of conditions. If you can't get it the denial appealed what will happen? Surely they will let you have another chance at appealing it?
  • 0

#6 Harpa Timsah

Harpa Timsah

    Let's not go to VJ, 'tis a silly place.



Posted 03 August 2011 - 09:32 AM

Did you have an interview?
  • 0

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!


#7 DaveE111

DaveE111

    Member

  • PipPipPip


Posted 03 August 2011 - 09:47 AM

How would USCIS know what your wife did with her money? There is much more to this, and something in either the package you submitted, or the interview (if you had one), triggered the denial.

If you used a lawyer, you need to be on his #### and tell him to do his job.
  • 0

#8 timgrace Kohler

timgrace Kohler

    Member

  • PipPipPip


Posted 03 August 2011 - 10:18 AM

Did you both have joint back account togeather or do you both have seperate accounts?
  • 0

#9 milimelo

milimelo

    Star Member



Posted 03 August 2011 - 10:42 AM

Moving to Removing conditions forum.

OP, why not list here what you submitted as evidence with your I-751 filing and what exactly did the denial letter say?
  • 0
Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC
3/5/2009 - I-751 received in CSC
3/9/2009 - Check cashed
3/20/2009 - Biometrics notice received (no NOA1)
4/2/2009 - Biometrics
4/9/2009 - NOA1 date (first undelivered one is 3/5)
4/3/2009 - Touch?
5/6/2009 - ROC Approval - 65 days
6/22/2009 - CRIS Card production ordered email
7/7/2009 - GC arrived!

Naturalization Journey
3/03/2010 N400 sent to Arizona Lockbox
3/15/2010 Check cashed
3/17/2010 NOA1
3/18/2010 - Biometrics notice sent
3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)
4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)
5/1/2010 Text and email interview letter sen
5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am
6/17/2010 Interview appointment - PASSED
6/29/2010 US Citizen

#10 scottnicolehaus

scottnicolehaus

    Newbie

  • Pip


Posted 03 August 2011 - 12:42 PM

We have a joint bank account. According to the person I talked to about it 1 hour ago. They asked Nicole why she wasn't using her salary to help on some of expenses we had as a couple. The person on the phone was very hot tempered and had attitude that the interview followed procedure and the problem is with us. I plan to appeal the decision. I guess I shouldn't have included the bank statements.
  • 0

#11 C.A

C.A

    Member

  • PipPipPip


Posted 03 August 2011 - 12:46 PM

We have a joint bank account. According to the person I talked to about it 1 hour ago. They asked Nicole why she wasn't using her salary to help on some of expenses we had as a couple. The person on the phone was very hot tempered and had attitude that the interview followed procedure and the problem is with us. I plan to appeal the decision. I guess I shouldn't have included the bank statements.



can you please give the list of evidents you submitted? :blush:. I still don't think not paying for expenses was the reason.

Edited by C.A, 03 August 2011 - 12:47 PM.

  • 0

#12 dale_trisha

dale_trisha

    Gold Member

  • PipPipPipPipPipPipPipPip


Posted 03 August 2011 - 12:55 PM

We have a joint bank account. According to the person I talked to about it 1 hour ago. They asked Nicole why she wasn't using her salary to help on some of expenses we had as a couple. The person on the phone was very hot tempered and had attitude that the interview followed procedure and the problem is with us. I plan to appeal the decision. I guess I shouldn't have included the bank statements.



So it does sound like the two of you did have an interview. Was the interview together in one room or were each of you interviewed alone. Do post the text of the letter you got and what evidence you did provide.
  • 0
Love forever,
Dale & Trisha



Married: 9/29/2008

K3 Visa
POE-MSP: 3/13/2009

AOS/EAD
Greencard received: 08/29/2009

Removal of Conditions:
Approved: 10/20/2011

Citizenship
9/19/2012

#13 happyblessedme

happyblessedme

    Senior Member

  • PipPipPipPipPip


Posted 03 August 2011 - 01:01 PM

Hello everyone I am needing help and don't know what my options are. Forgive me if I don't make alot of sense. I have been awake all night with worry. I recieved a letter yesturday saying that my wife Nicole's I751 application has been denied because of fraudulent marriage. This is all weird to me cause our marriage was entered into with good faith.

I had a friend tell me that they might be basing thier decision on my wife Nicole's salary she sends to her family back in Lake Taal Philippines. He said that probably in eye's of the person that did the interview they don't think we have a bona fied marriage, since Nicole is sending all her salary back home. My friend said for a bona fied marriage both husband and wife needs to show they are helping each other in paying bills, having the husband shoulder all the responsiblities is not a good wife. Ever since Nicole heard what my friend said she has locked herself up in our spare bedroom crying. I've tried everything to get her to talk to me and let me in. All I hear is Nicole praying to god for help, forgiveness if she did anyting wrong, and that she loves her bana. I just don't know what to do!!!



What was the letter saying as reason for denial.? USCIS don't care how much money and who sends money to who? What USCIS need are proof of bonafide marriage esp. joint accounts or financial activities that u both share as husband and wife. That includes joint bank accounts, utility bills in both ur names(some companies let u do that)., Health insurance cards, letters addressed to both same address and stuff like that.

I understand how ur wife is going t hrough this time. What her friend told her was all non sense. I worked hard to send how much money i wanna send to my family and i did not have a problem with my removing of condtion.

They might need more evidence from u guys.
  • 0

#14 mike143

mike143

    Junior Member

  • PipPip


Posted 03 August 2011 - 01:12 PM

is sad to hear that!!but before the denial of removing conditional greencard you and your wife will do this: first, filed jointly I-751, second response RFE, third was interview. you and your wife did this? sometimes there descision is based on the documents you submitted to them,what documents you submitted? are you both honest on the documents you both submitted?
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#15 timgrace Kohler

timgrace Kohler

    Member

  • PipPipPip


Posted 03 August 2011 - 01:18 PM

Can you write down on here everthing that says in the denial letter? To help us understand whats going on to better assist you.
  • 0



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