i-751 denied... again.

[alozor 1]

if my case wasn't complicated i wouldn't be posting here... lol. but mine is very very complicated.

ill try to make it simple:

moved to san diego CA july 2004

got married nov 2004

got 2 year GC oct 2005

separate with my wife dec 2006. have not spoke to her since she cheated and had another baby with the dude.

apply for waiver i-751 on sep 2007 based on good faith marriage but ended because of abuse.

got biometrics on jan 2008

march 2008 moved to florida. filed a-11 to change address.

nov 2008 i receive a letter stating that my app is denied due to failure to appear for interview ( i never received the appointment letter so i never show up)

shortly after i hired a lawyer who advise me to reapply for i-751. told him i was still married.

feb 2009 he file a new i-751 i let him took care of it and did bother too much. thats why i paid him to do right?

march 2009 received NOA extension letter.

july 2009 i moved back to san diego. 2 months later i got pulled over by cop for expired tag (wasn't my car). later on ICE officers

came to me and held me in custody because of status termination due to i-751 of nov 2008. told i reapplied but they didn't care.

they transfered me to eloy detention facility in AZ where i stayed 2 months. got my sh*t together and IMM judge dismissed my case.

oct 5 2009 i got released. lost my jobs in CA so went back to Miami to stay at a friend house.

nov 2009 received appointment letter for interview in Miami field office.

nov 18 2009. go to the interview alone. officer ask for divorce decree. said i m not divorced. my lawyer filed for "divorced" waiver.

officer couldn't approve my petition and told me it would be denied. he took my expired GC.

i'm still waiting on denial letter.

coincidently, my wife contacted me after 3 years to ask for divorce. i said i'll file for it. she is still in CA

since then i have made a lot of research and got more answers that my lawyer ever did. thanx to this forum.

now i realize that my lawyer did'nt specify that i needed to be divorce to file for waiver. let alone filing without divorce decree.

what should i do? i will have no status soon. i lost my job and i'm looking for one.

i can re-file but i need a divorce decree. i won't hire a lawyer this time 1: because i can't afford it 2: after what happened i realized that i could have done a better job myself with the right source of infos.

should i go back to CA to divorce my wife? i dont have FL drivers license or state ID. i don't think i'm eligible to file in FL

thank you if have read this entire post. i have been through a lot. denied twice, in custody for 2 months in the middle of nowhere, spent lots of time & money...

i don't expect someone to come up with a miracle solution but any type of advice will be appreciated.

Edited December 3, 2009 by ali hARFOUCHE

[v333k 59]

if my case wasn't complicated i wouldn't be posting here... lol. but mine is very very complicated.

ill try to make it simple:

moved to san diego CA july 2004

got married nov 2004

got 2 year GC oct 2005

separate with my wife dec 2006. have not spoke to her since she cheated and had another baby with the dude.

apply for waiver i-751 on sep 2007 based on good faith marriage but ended because of abuse.

got biometrics on jan 2008

march 2008 moved to florida. filed a-11 to change address.

nov 2008 i receive a letter stating that my app is denied due to failure to appear for interview ( i never received the appointment letter so i never show up)

shortly after i hired a lawyer who advise me to reapply for i-751. told him i was still married.

feb 2009 he file a new i-751 i let him took care of it and did bother too much. thats why i paid him to do right?

march 2009 received NOA extension letter.

july 2009 i moved back to san diego. 2 months later i got pulled over by cop for expired tag (wasn't my car). later on ICE officers

came to me and held me in custody because of status termination due to i-751 of nov 2008. told i reapplied but they didn't care.

they transfered me to eloy detention facility in AZ where i stayed 2 months. got my sh*t together and IMM judge dismissed my case.

oct 5 2009 i got released. lost my jobs in CA so went back to Miami to stay at a friend house.

nov 2009 received appointment letter for interview in Miami field office.

nov 18 2009. go to the interview alone. officer ask for divorce decree. said i m not divorced. my lawyer filed for "divorced" waiver.

officer couldn't approve my petition and told me it would be denied. he took my expired GC.

i'm still waiting on denial letter.

coincidently, my wife contacted me after 3 years to ask for divorce. i said i'll file for it. she is still in CA

since then i have made a lot of research and got more answers that my lawyer ever did. thanx to this forum.

now i realize that my lawyer did'nt specify that i needed to be divorce to file for waiver. let alone filing without divorce decree.

what should i do? i will have no status soon. i lost my job and i'm looking for one.

i can re-file but i need a divorce decree. i won't hire a lawyer this time 1: because i can't afford it 2: after what happened i realized that i could have done a better job myself with the right source of infos.

should i go back to CA to divorce my wife? i dont have FL drivers license or state ID. i don't think i'm eligible to file in FL

thank you if have read this entire post. i have been through a lot. denied twice, in custody for 2 months in the middle of nowhere, spent lots of time & money...

i don't expect someone to come up with a miracle solution but any type of advice will be appreciated.

Wow!

I don't have that much knowledge of these things, but I am sure many people will reply with some suggestions. However, you don't need a FL driver's license to apply for RC in FL. You should apply where you live (and that should be your most recent address you updated with USCIS).

I recommend you collect files/documents or anything else that would support your wife's actions. I hope she would be cooperative with you!

I believe the lawyer should be held responsible for filling the form inconrrectly. I believe they need to fill their firm's information at the bottom of the form, so that should be helpful to you (not sure how much).

Good luck!

[YuAndDan 153]

Beyond the scope of this board, you need an IMMIGRATIONS LAWYER.

[sh18 3]

Wow, what a retarded lawyer... How can he even call himself a lawyer?

[Minya's wife 24]

Beyond the scope of this board, you need an IMMIGRATIONS LAWYER.

You can continue to resarch and post questions here, but the nature of your case is complicated. Hire a competent lawyer and make sure to check up on what and how he's filing.

Good luck.

[sh18 3]

Btw, He mentioned he doesn't have $$ for a lawyer.

[YuAndDan 153]

Wow, what a retarded lawyer... How can he even call himself a lawyer?

Yep, I See that, attempting to file an I-751 signally without a divorce??

An LPR cannot file to lift conditions separately unless they are divorced, if only separated, they need to file jointly to remove the conditions with a few exceptions, such as abuse, or hardship.

Filing if the Couple is Separated

More troublesome is if the couple is still married, but separated or otherwise not getting along. With limited exception, as long as the couple is legally married, it is necessary to have a joint petition. Thus, troubled marriages often need either to be reconciled or terminated in order to file the I-751. As explained below, the I-751 can be filed by divorced individuals, and may be approved, as long as there is sufficient evidence that the marriage was genuine when initially entered into. It is more difficult to satisfy the USCIS in such scenarios, however.

Joint-Filing Waived in Limited Cases

There are two situations in which a person who is still legally married can file the I-751 without the spouse. The first is if the person entered into a marriage in good faith, but has been battered or subjected to extreme cruelty by the petitioning spouse. The second is if termination of permanent resident status and removal from the U.S. would result in extreme hardship to the foreign national. Extreme hardship is a high standard and can be based only upon conditions that arose after the conditional residency was acquired.

http://www.murthy.com/news/n_remcon.html

[Minya's wife 24]

Btw, He mentioned he doesn't have $ for a lawyer.

But this is not a situation where any of us here on VJ can 'in good faith' recommend he go at alone. Hiring competent legal help is the best advice I can offer....see about finding someone who will do pro-bono, or work out some sort of payment. Having two denials to lift conditions is no easy feat to overcome...especially when the second denial (to the divorce waiver I751) was filed claiming divorce when there was/is none....This is technically a misrepresentation of facts. Legal representation would be best, IMO.

[Usui Takumi 1,562]

If you can not afford an attorney you might try a regional help center that helps people with immigration. I'm sure in Miami (with its relation to Cuba) there must a few.

[Patrick808 0]

if my case wasn't complicated i wouldn't be posting here... lol. but mine is very very complicated.

...

thank you if have read this entire post. i have been through a lot. denied twice, in custody for 2 months in the middle of nowhere, spent lots of time & money...

i don't expect someone to come up with a miracle solution but any type of advice will be appreciated.

This might help:

http://www.visajourney.com/forums/index.ph...p;#entry3489331

Or, search "Memorandum re: Removal of Conditions, USCIS Liberalizes And Amending Rules For I-751" if the link doesn't work.

[alozor 1]

thank you patrick808

i would rather hire a lawyer. its not so much about the money but the fact that i am jobless right now.

like a lot of people...

[alozor 1]

if i refer to that memo i can file for waiver without providing divorce decree with the application.

i have 8 to 10 months to get it. right?

if i do so and get extension, in october 2010 it will my 5th year as a P Resident.

am i eligible for citizenship? if yes should i apply or wait for i-751 response.

[Chica Yeyé 41]

You need the best attorney you can find.

[Dakine 26]

thank you patrick808

i would rather hire a lawyer. its not so much about the money but the fact that i am jobless right now.

like a lot of people...

Not like a a lot of people as you can't use public assistance. Have you considered returning home?

What's your future here?

Doesn't sound like you had much of a relationship from the very beginning!

Edited December 3, 2009 by Dakine

[Chica Yeyé 41]

thank you patrick808

i would rather hire a lawyer. its not so much about the money but the fact that i am jobless right now.

like a lot of people...

Not like a a lot of people as you can't use public assistance. Have you considered returning home?

What's your future here?

Doesn't sound like you had much of a relationship from the very beginning!

Your comment is off topic and adds absolutely nothing to what the OP's immigration concerns are.