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I 751 denied for abandonment

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I couldn't find any threads that spoke about our i751 denial so I'd thought I'd throw this out there and see what suggestions anyone as has. I'll give a brief summary of our journey to premise:

My Canadian husband came over on a K1 Visa in Sept of 2008. We married in Oct of 2008. He received his perm res card and auth to work card in April, 2009. The perm res card expired in 4/11 and we filed the i751 and the i485 on time. We provided everything we had to show we were living as a married couple. We have bank accounts at the same bank but no 'joint' account. I've owned my house for several years so his name is not on the mortgage. I did provide joint auto insurance policies, cell phone contracts with both our names. Medical insurance with both of us on the policy and we also had documents showing him as the beneficiary to both my pension (403b) and supplement life insurance policies that I pay extra for. We filed joint tax returns and send copies of those as well.

We had received a request for additional information. This was due by Oct 8th, 2011. We were boggled by what more we needed to send and could not afford an attorney's advice. We screwed up by not responding to the addiitonal info request on time. We called the number on the letter and were told two things: one, 'they' would make a decision on what they had, and 2, send any additional documents by fax with a letter explaning why we were late and then mailing all to the Calif Service Center. We sent notarized affidavits by friends/neighbors. USCIS sent us confirmation that they did receive the affadvits. About 3 weeks later we were sent a letter stating our application (i751) was denied due to 'abandonment'. We made an appt via InfoPass at our local office to figure out what the next step we would need to take is. We cannot afford an attorney at this time so I've been online trying to learn what our options are.

The agent at the local office told us that we could re-apply, send the additional $585.00 fee along with a letter explaining why we were applying again. She stated that our case had not gone into the 'prodecings' state as of today. She stated that when they receive our 2nd application that it would be decided if they would re-open or deny the case. If they deny the application again, we would eventually have a hearing to see an immigration judge as part of his 'deportation proceedings'.

My question is this: do we spend the 585.00 and re-apply or just wait for the hearing and try to get the judge to re-open the application. We cannot afford an attorney as my husband also lost his job last week and now cannot work because of his status.

Also, anyone know how what kind of timeline we're looking at for this hearing?

ZexiandUufdahsharingamoment-2.jpgPaul and Elise

When you are in Love you can't fall asleep because reality is better than your dreams

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Just reapply. You will need to include a letter explaining the reason for late filing, and you can detail there that you neglected to respond to the RFE.

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

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

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