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Rocky Wonderful

I-751 denied, leaving the U.S. No NTA issued

By Rocky Wonderful in Removing Conditions on Residency General Discussion

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Rocky Wonderful Newbie

Rocky Wonderful   0

Posted
Filed: Lift. Cond. (pnd) Country: Japan
 Timeline
Posted

Unfortunately, my I-751 waiver was denied due to the lack of evidence of bona fide marriage. I received the letter of denial in August, 2014. Although our marriage was real, I have no intention to fight this in the court.

The problem is, I have yet received a Notice to Appear. My apartment lease will be up in the end of February and I’m planning to leave the States in March.

By the way, I live in Denver and have no criminal history, not even a traffic ticket.

1. Am I already placed in removal proceedings? How do I find out?

2. Will immigration get noticed if I leave the U.S. voluntary before being issued a Notice to Appear? Or should I notify them?

3. Do choosing to leave voluntary cause me any bad consequences? Should I stay and wait to be called to appear in a court?

Thank you for you help!

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Boiler Grand Master

Boiler   43,440

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

You could wait a very long time to have a court date.

Or could just leave.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Jawaree Grand Master

Jawaree   717

Posted
Filed: Timeline
Posted

Make sure there is no court appearance coming

up B4 departing , or you will get a ban for not

appearing if there's one.

Where is your husband? leaving like that confirm their beliefs

a real couple wants to be together & fight, did U both live? U

did say YOUR lease was up. I say speak to an atty (free consult)

B4 leaving unless you just want to go. It does affect future

petitions , make sure the case is close

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Dr.Sam77 Contributor

Dr.Sam77   0

Posted
Filed: Lift. Cond. (pnd) Country: India
 Timeline
Posted

You could wait a very long time to have a court date.

Or could just leave.

So this means practically again you have to wait for years ...to appear in front of the Judge and try to prove your bonafide marriage....

Hmmmm I thought once I- 751 was denied we could get a court date in months if not days!!!

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NikeS Collaborator

NikeS   49

Posted
Filed: Citizen (apr) Country: Nigeria
 Timeline
Posted

This begs the question what went wrong and why you and your spouse don't want to fight this. Have you spoken to an immigration lawyer?

{Day 0}     11/16/2017 N-400 submitted online

{Day 0}     11/16/2017 NOA mailed

{Day 02}   11/18/2017 Biometrics apt scheduled

{Day 20}   12/06/2017 Biometrics done

{Day 202} 06/06/2018 Interview Scheduled

{Day 207} 06/11/2018 Interview Letter received

{Day 238} 07/12/2018 Interview Day - Approved

{Day 242} 07/16/2018 Oath Scheduled

{Day 266} 08/09/2018 Oath Ceremony - I am a US Citizen!

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NancyNguyen Experienced

NancyNguyen   1,657

Posted
Filed: Citizen (apr) Country: Vietnam (no flag)
 Timeline
Posted

This begs the question what went wrong and why you and your spouse don't want to fight this. Have you spoken to an immigration lawyer?

There is no SPOUSE here. It is a divorce waiver.

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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NikeS Collaborator

NikeS   49

Posted
Filed: Citizen (apr) Country: Nigeria
 Timeline
Posted

Oops I missed that. Oh well.... Too bad.

{Day 0}     11/16/2017 N-400 submitted online

{Day 0}     11/16/2017 NOA mailed

{Day 02}   11/18/2017 Biometrics apt scheduled

{Day 20}   12/06/2017 Biometrics done

{Day 202} 06/06/2018 Interview Scheduled

{Day 207} 06/11/2018 Interview Letter received

{Day 238} 07/12/2018 Interview Day - Approved

{Day 242} 07/16/2018 Oath Scheduled

{Day 266} 08/09/2018 Oath Ceremony - I am a US Citizen!

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NancyNguyen Experienced

NancyNguyen   1,657

Posted
Filed: Citizen (apr) Country: Vietnam (no flag)
 Timeline
Posted

So this means practically again you have to wait for years ...to appear in front of the Judge and try to prove your bonafide marriage....

Hmmmm I thought once I- 751 was denied we could get a court date in months if not days!!!

Someone has been waiting for many years for court day. It is a long wait and depression.

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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Dr.Sam77 Contributor

Dr.Sam77   0

Posted
Filed: Lift. Cond. (pnd) Country: India
 Timeline
Posted

Someone has been waiting for many years for court day. It is a long wait and depression.

So when we are waiting for court date (from 751 denial to court date) what is our status? Are we still able to work..etc or our immigrant status is terminated?

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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

No work authorisation, and you are no longer an LPR. You are out of status.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Boiler Grand Master

Boiler   43,440

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

If you are just waiting for a deportation hearing then that is one thing.

If you have appealed against a decision then you might get temp work authorisation, something to ask your Lawyer.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Rocky Wonderful Newbie

Rocky Wonderful   0

Posted
Filed: Lift. Cond. (pnd) Country: Japan
 Timeline
  • Author
Posted

Thanks everyone for replies. I called USCIS today. My case seems to be messed up on their record. I'll have to call them back and talk to a higher level customer service.

To lovelylife, application was submitted in May 2013. I had an interview in August 2014 and received the decision letter a few weeks later.

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lovelylife Contributor

lovelylife   1

Posted
Filed: Country: Bahrain
 Timeline
Posted (edited)

Thanks everyone for replies. I called USCIS today. My case seems to be messed up on their record. I'll have to call them back and talk to a higher level customer service.

To lovelylife, application was submitted in May 2013. I had an interview in August 2014 and received the decision letter a few weeks later.

ok, What did they ask you in the interview?

Listen never ever give up and go sue them and you will win because if your marriage was real as you said then you will win without a doubt, may be you did not send enough evidence!! and if you did not then organize your papers nice and bring it to the judge because there is no reason for them to your not approve case.

Edited by lovelylife
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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Listen never ever give up and go sue them and you will win because if your marriage was real as you said then you will win without a doubt

No one can guarantee approval; not a lawyer, and certainly not you or me.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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