What of denials?

[Marrienne 112]

So, how often do people get denied for the 10 year gc?

I filed with a final divorce. My ex husband turned out to be a mental ill, drug using, cheating man. Worked for 6 months while in the USA then quit and expected me and his parents to feed him.

We don't have much co-mingling of finances because well,  we didn't have any money!! 

 

We do have other evidence though.

In the end, how can you fight deportation?

 

Thank you!!

[Amadia 711]

Hi Marrienne,

Sorry to know that you've had a difficult 2yrs. I knew you had a tough time in the early stage with him. You can prove hardship and financial constraints for you with your kids if you get placed in deportation proceedings. You have no house, car or job back in Greece because you sold house and car before migrating.

I really feel heart broken for you and your kids...I know you will overcome all this nonsense.

[EmilyW 1,222]

I'm so sorry this is happening to you, Marienne.  You are an incredibly strong and determined woman: the US is lucky to have you here!

 

Gather what you have. Let the good people of VJ give you advice on your evidence.  

 

Personally, I think you will be fine.

[Kastrs 723]

So sorry you are going through this ordeal

Just submit with a divorce waiver and include everything you have 

kids together, show that you lived together, phone bills, mail to the same address, plane tickets together, I would even go ahead and include some of the information you provided in your initial petition

[EM_Vandaveer 2,369]

I believe denials are rare for I-751. Less than 5%, I think.

It's very unlikely that yours will be denied. 

Concentrate on what you HAVE proof of: children in common, the fact that you lived together prior to divorce.

I'd include a cover letter explaining why you lack financial co-mingling evidence. Of course, send what you have, such as joint tax filing.

[Marrienne 112]

Thank you all.

Here is the evidence I presented:

Joint tax filing/returns etc

Joint account where both paychecks (for as long as he worked at least) were deposited.

Birth certificate of our daughter who was born before we got married, including the registration in Greece (and the US birth certificate of course).

Preschool records to show him and his family involved in her care

Explanation letter on why we don't have more financial co-mingling

Medical records to prove mental issues, marriage therapy and drug abuse

Affidavit from HIM, admitting to the affair and saying he regretted it. Also admitting to going to marriage counseling and saying the marriage was NOT entered in order to circumvent any laws.

Affidavit from his father and mother who are my sponsors, saying that they supported us financially and that they continue to support me and the children albeit not financially any more and that they think that I am a valuable member of society and my work as a nurse is serving the community of Grand Rapids.

Affidavit from his father saying I live in one of his houses and I am paying him rent.

Affidavit from my 1st ex husband attesting to the fact he is aware and consents to his sons moving to the US with me and "her husband JE".

 

So yeah, loads of affidavits, I know but I have a boat load of witnesses including therapists and doctors in case I need them. I also have police reports and ambulance reports on his overdoses and me listed as the wife etc. Same with his medical records. Lists me as emergency contact/wife.

 

I am terrified. I have done NOTHING but support him and work my butt off ever since we've met. I supported him back in Greece too, I supported him here... I just couldn't swallow the affair. Or the suicidal tendencies. Or the overdoses, or the fact he was dealing prescription drugs and people were trying to break in to the house! It would be unfair if they kicked me out because I did nothing illegal or morally wrong.

Also, what of our 4 year old US citizen daughter of whom I have full physical and legal custody of? Will they take her away from me?

 

[EmilyW 1,222]

Marienne,  I really don't think you are going to be deported.  Please stop worrying (which I know you have a tendency to do).

[Marrienne 112]

Thanks Emily. At this point I am more worried about having to go through the court to prove bona fide marriage than actually BE deported lol.
Of course I worry. I am indeed that type... the type that spends days/months making plan A, B, C.....Z

lol  BUT I am aware and I am working on it... trying to take things one step at a time. Right now, focus, on getting that extension letter. My GC expires tomorrow... 

[Amadia 711]

@Marrienne you have ALL of our support and we are here to help provide information that would be the best resolve for you with your current situation.

 

Your petition has been sent and you are waiting patiently for the center to send you NOA with your 18-mth extension. Just focus on THAT right now and don't stress too much on him and what he did. He has to live with the fact that he screwed up and lost out on enjoying life with you and your beautiful kids.

 

Also, a court will not entertain a drug-pushing, suicidal, mentally unstable father and award him custody of a minor.....that would be grossly unfair! Do not worry....you will maintain custody of your children because you have provided and continue to provide for them.

 

Stay strong doll.....you got this! 

[TNJ17 1,329]

I’m sorry all this happened to you but you’re worrying over nothing. Your case is pretty straightforward. You’re not the first one with a case like that and you won’t be the last. Just file all you have and move on with your life. There’s absolutely no reason to stress over that. 

[p-ana 933]

Also, if they think they need anything else from you, they will issue you a rfe, making it another chance to include documents you may have. And if they’re not happy with your answer, they will call you in for an interview, where you can tell your story and make your case. 

Its a long wait but there will be plenty of chances to overcome any hurdles.

 

You did nothing wrong so it will all be fine in the end.

[Crazy Cat 39,227]

Based on what you posted, I think your case will be approved.  In the 2nd quarter of FY 2018 (Jan, Feb, Mar 2018) only 4.8% of ROC applications were denied.........

[Russ&Caro 1,548]

Hi Marienne. I know you did Direct Consluar Filing (DCF) in filing your CR1/IR1. Were you not already married for 2 years when you entered the US? If so, you should already be holding a 10 year green card as your application would have been IR1. Couldn't find your marriage date in your history.

 

EDIT: Oops, nevermind. I found more of your history in your "hidden" signature. Looks like you married just months before you immigrated. Good luck with your i751. I'm sure you'll do fine.

Edited July 18, 2018 by Russ&Caro

[Marrienne 112]

Yup , just months before. I didn't really want to marry him. Not that I didn't love him but I just thought it was an unnecessary piece of paper (and I was afraid of another divorce!). Of course we HAD to, in order to immigrate. Also, he didn't have a visa for Greece so it took a while to get him to become legal so we could get a marriage license. So yeah... not two year unfortunately

[mindthegap 2,521]

 

Sorry to be a contrarian, but mine was a legit marriage, and far more evidence was given with the I-751 than the OP lists, and it still happened to me on the basis of some false allegations. I have never received an RFE either.

True, USCIS didn’t follow their own policy, straight up lied to me and also didn’t given me an opportunity to refute the false allegations, but it can and does still happen. 

 

Thankfully LPRs have legal rights, so my advice to the OP is also not to stress out at this point. Just see what happens.

Edited July 18, 2018 by mindthegap