I 751 Denied

[sonny21 1]

Hi there, my case is getting more and more complicated than I had thought of.

Let me start from beginning. I got my 2 years conditional green card on Feb 27th 2009.

On January 20th 2011, I filed for I751 with WAIVER. My wife was not ready to sign due to some misunderstanding. So, we filed for divorce and I filed I 751 with waiver. I got my receipt on 1st week of Feb. from USCIS. In March I got my biometrics appointment, which went fine.

In May I got later for interview on June 14th. Between January when I filed for I 751 and interview everything became fine with I and my wife and we got back together and decided to file jointly. So we withdrew our divorce application from court and went to interview together on June 14th. Interview went fin and we explained the interviewer what happened and what not. Impression I got from interview was that it should be good to go.

On June 27th I got letter saying that since we are not getting divorce any more, I need to refile I 751 with my wife signature on it and submit all the proof again with it. They gave me 30 days to refile the I 751 again.

On July 14th, I did that and sent all the proof again with new I 751. THE only mistake my lawyer did is that he told me not to send new check for USCIS fee, since I paid once in the past. SO being stupid I filed for I 751 with all the signs and proofs but did not send the check for immigration fees.

Now today, August 29th I got letter saying that my application has been denied because "not filling the I 751 properly".

This is what exactly it says on it. Its a plain white paper date August 25th.

"service record indicate that you obtained your conditional permanent residence status based on you marriage to (my wife name). You filed form I 751 seeking to remove the conditions on your residency based on a waiver of having a good faith marriage which was terminated through divorce. After the filling of the I 751 petition you advised the service that you and your spouse ceased your divorce proceeding and wished to continue with filling the petition jointly. In order to submit your joint petition, you must file it according to the instruction relating to such filling. On july 14th 2011, you submitted a joint I 751 petition signed by you and you wife. However, this petition is improperly filed and must be filed according to its instructions."

"Your I 751 petition filed on January 20th 2011 is hereby denied"

I dont know what is my next step. I contacted lawyer and have an appointment on Thursday, but I am getting nervous now. Do I wait for USCIS to contact me again with removal proceeding or refile I 751 with USCIS fees.

Any help on this would be helpful. Thanks

Edited August 29, 2011 by sonny21

[Inky 1,111]

Why would you not just send it back with the payment? It was denied because you had no payment in it. If its still inside the 30 days send it back really fast with the payment.

[sojen 0]

I think what it was saying is that they denied the petition that you applied on January 2011 not the July 14th one. That's my understanding.

[trillium13 84]

Sounds like you need to contact both your lawyer and USCIS to get this straightened out. It is pretty confusing.

[ceadsearc 516]

That's pretty confusing. I'd schedule an Infopass appointment ASAP. It sounds to me like they denied the January 20th petition (with waiver) and not the one you filed in July (with your wife), which presumably has not been processed yet. But it's a bit confusing, so I'd verify with USCIS before you send any additional payment.

[Brother Hesekiel 2,236]

Why don't you ask your lawyer? Seriously!

[Leatherneck 693]

Hi there, my case is getting more and more complicated than I had thought of.

Let me start from beginning. I got my 2 years conditional green card on Feb 27th 2009.

On January 20th 2011, I filed for I751 with WAIVER. My wife was not ready to sign due to some misunderstanding. So, we filed for divorce and I filed I 751 with waiver. I got my receipt on 1st week of Feb. from USCIS. In March I got my biometrics appointment, which went fine.

In May I got later for interview on June 14th. Between January when I filed for I 751 and interview everything became fine with I and my wife and we got back together and decided to file jointly. So we withdrew our divorce application from court and went to interview together on June 14th. Interview went fin and we explained the interviewer what happened and what not. Impression I got from interview was that it should be good to go.

On June 27th I got letter saying that since we are not getting divorce any more, I need to refile I 751 with my wife signature on it and submit all the proof again with it. They gave me 30 days to refile the I 751 again.

On July 14th, I did that and sent all the proof again with new I 751. THE only mistake my lawyer did is that he told me not to send new check for USCIS fee, since I paid once in the past. SO being stupid I filed for I 751 with all the signs and proofs but did not send the check for immigration fees.

Now today, August 29th I got letter saying that my application has been denied because "not filling the I 751 properly".

This is what exactly it says on it. Its a plain white paper date August 25th.

"service record indicate that you obtained your conditional permanent residence status based on you marriage to (my wife name). You filed form I 751 seeking to remove the conditions on your residency based on a waiver of having a good faith marriage which was terminated through divorce. After the filling of the I 751 petition you advised the service that you and your spouse ceased your divorce proceeding and wished to continue with filling the petition jointly. In order to submit your joint petition, you must file it according to the instruction relating to such filling. On july 14th 2011, you submitted a joint I 751 petition signed by you and you wife. However, this petition is improperly filed and must be filed according to its instructions."

"Your I 751 petition filed on January 20th 2011 is hereby denied"

The letter mentioned the denial of the January 20th 2011 petition, not the July 14th petition. Then they informed you of the improperly filed joint petiton of July 14th 2011 with instructions of, "must be filed according to its instructions."

So refile the joint petition "according to its instructions" as you have been instructed to do by the letter, this time with payment included. Good luck.

I dont know what is my next step. I contacted lawyer and have an appointment on Thursday, but I am getting nervous now. Do I wait for USCIS to contact me again with removal proceeding or refile I 751 with USCIS fees.

The letter informed you of the next step.Any help on this would be helpful. Thanks

[rostov007 29]

Why don't you ask your lawyer? Seriously!

"I dont know what is my next step. I contacted lawyer and have an appointment on Thursday, but I am getting nervous now..."

Why don't you read the whole post before pouncing? Seriously! Don't you remember being nervous during your process? No? It must be nice to be so perfect.

smh

[Neonred 3,575]

Why don't you ask your lawyer? Seriously!

Exactly. They paid for the lawyer, so use him.

[sonny21 1]

Thanks everyone for your inputs and help. As some people are telling me to contact lawyer, well I did that and as I said before that I am going to see him on this Thursday. Also, I am sure everyone or most people on this forum has lawyer but they come here seeking more help for time being and ask for other members personal inputs from their own experience in the past.

If everyone to contact the lawyers, which most of them do I guess then you tell them not to come here and ask other people suggestions and personal experience to get help because lawyer is helping you any ways ?

I though main purpose for everyone to be here on this forum is to learn from each others experience and help each other in their problems and share their joy once they come out from their Immigration problems.

Thanks any ways to the people who pointed that, since I have paid to lawyer and I should only ask them not here on the forum.

Edited August 30, 2011 by sonny21

[Hell0W0rld 10]

I really doubt most people on here have lawyers....

[Leatherneck 693]

Thanks everyone for your inputs and help. As some people are telling me to contact lawyer, well I did that and as I said before that I am going to see him on this Thursday. Also, I am sure everyone or most people on this forum has lawyer but they come here seeking more help for time being and ask for other members personal inputs from their own experience in the past.

If everyone to contact the lawyers, which most of them do I guess then you tell them not to come here and ask other people suggestions and personal experience to get help because lawyer is helping you any ways ?

I though main purpose for everyone to be here on this forum is to learn from each others experience and help each other in their problems and share their joy once they come out from their Immigration problems.

Thanks any ways to the people who pointed that, since I have paid to lawyer and I should only ask them not here on the forum.

Hey sonny21,

It is ok to seek input here from others, just know that some of the replies you get at times can be a little insensitive in tone. I would not take it personal, just the way some people communicate.

In my reply to you, I was trying to point out the Jan. petition was the one difinitely being denied and the July petition needed to be re-filed (based on the letter) according to the instructions. But since you have a lawyer, I would ask him/her since you paid for the service.

Good luck.

[ceadsearc 516]

It's no problem to seek help here but honestly, the letter is a bit confusing and not everyone on this board is equally knowledgeable or interprets things the same way so the advice you get may vary. Most people on this board actually do not use lawyers (though we did), which is probably why it was suggested if you have already paid a lawyer to ask them.

If your lawyer isn't sure, again, make an Infopass appointment with USCIS and have an IO tell you exactly what is meant.

[sonny21 1]

Hi there, I had my lawyers appointment on last thursday and at that point he said he will do some more research and find out what to do next. Well, he called me today and told me that since my I 751 has been declined I am out of status as of now and I WOULD HAVE TO FILE I485 AGAIN ???

I dont get that at all. How is that even possible that I refile the I 485 again, and if I do that than what will be my status for Citizenship ? Will I still be able to file it at the end of my 3rd year (which is end of this year) or this all starts again ?

I am so confuse right now that I have no idea what to do.

[Hell0W0rld 10]

Hi there, I had my lawyers appointment on last thursday and at that point he said he will do some more research and find out what to do next. Well, he called me today and told me that since my I 751 has been declined I am out of status as of now and I WOULD HAVE TO FILE I485 AGAIN ???

I dont get that at all. How is that even possible that I refile the I 485 again, and if I do that than what will be my status for Citizenship ? Will I still be able to file it at the end of my 3rd year (which is end of this year) or this all starts again ?

I am so confuse right now that I have no idea what to do.

Ask your lawyer for more details or information. Again, you are paying for this resource so you need to use the most of it.