i-751 denied, In removal proceedings (merged)

[joshuam 0]

I'm married to my US citizen wife for about 3 years now, which we had few issues, (and i have good documentation to show thee marriage was entered in good faith) and Nov 2014 i filed for i751 and we were called for interview because same last year march 2014 we had financial issues and i had to go another city to find a job and she wrote to USCIS that i left her but we since resolve the issue. So January 2015 and we were interviewed seperated and she was told to sign to withdraw suport for me, and she did. Now she just filled for divorce. So since she has filled for divorce im trying to know, what are my best options on the route to take and how to pursue this case. I just received the removal proceeding notice, which the court date has not been set yet.

Thanks

[Jawaree 717]

Lawyer up....was it a good faith marriage & things did not work out, or did she think it

was for immigration benefits & stated that at interview which led to them having her

sign a withdrawal ....I hardly think forum help would go a long way except to say

hire an atty ASAP (U are on ICE radar) seemingly without a leg to stand on ,she

divorced you....she dotted all Is & crossed her Ts ...

In the meantime I would pack some things that will need back home ,& money in case

that becomes a reality ..how long did the marriage last? ..best wises dude

[southcoast 27]

Your original joint petition is now gone because the marriage is over. Immigration courts are all backed up. Go to court the first time and they will continue the case to get a lawyer. depending on where you are, these continuances may take 6 months to a year. During this time get the divorce finalized. When you have a final divorce then refile the I-751 asking for a waiver of the joint-filing requirement (good- faith marriage). Then go to immigration court- show the judge the filing- and he will probably administratively close the file to allow USCIS to adjudicate the case. If you lose at USCIS, then the case will go back to the judge who will give you a new hearing on it. keep all your evidence and get whatever other evidence that it was a good faith marriage. Consider getting affidavits from her family members now, as they may not be willing when this case comes to trial (if it comes to trial) some years from now.

Your original joint petition is now gone because the marriage is over. Immigration courts are all backed up. Go to court the first time and they will continue the case to get a lawyer. depending on where you are, these continuances may take 6 months to a year. During this time get the divorce finalized. When you have a final divorce then refile the I-751 asking for a waiver of the joint-filing requirement (good- faith marriage). Then go to immigration court- show the judge the filing- and he will probably administratively close the file to allow USCIS to adjudicate the case. If you lose at USCIS, then the case will go back to the judge who will give you a new hearing on it. keep all your evidence and get whatever other evidence that it was a good faith marriage. Consider getting affidavits from her family members now, as they may not be willing when this case comes to trial (if it comes to trial) some years from now. finally, call the immigration court at 800 898 7180 every couple of weeks to see if your case has been scheduled. Thay are notorious for sending the notices to the wrong place and being ordered deported in your absence significantly complicates matters.

Edited June 5, 2015 by southcoast

[joshuam 0]

We are married for 3 years now. thanks

[joshuam 0]

So Also i check the letter i recieved, it says my status is terminated for failure to file a qualifying I-751 petition as required pursuant to section 216. although you filed i-751 application but was subsequently withdrawn

[NancyNguyen 1,657]

It is time for an experienced attorney. Expect a lengthy and expensive journey. Good luck.

[TBoneTX 43,057]

*** Thread moved from AOS/Family-Based main forum to Removing Conditions forum -- topic applies to ROC. ***

[TBoneTX 43,057]

Duplicate threads merged.

[mananto 36]

Lawyer up....was it a good faith marriage & things did not work out, or did she think it

was for immigration benefits & stated that at interview which led to them having her

sign a withdrawal ....I hardly think forum help would go a long way except to say

hire an atty ASAP (U are on ICE radar) seemingly without a leg to stand on ,she

divorced you....she dotted all Is & crossed her Ts ...

In the meantime I would pack some things that will need back home ,& money in case

that becomes a reality ..how long did the marriage last? ..best wises dude

" In the meantime I would pack some things that will need back home ,& money in case

that becomes a reality"...This is total rubbish and gibberish. Joshuam, get a good lawyer and you can probably file for a waiver make sure you have all the documentation. Don't be disheartened by people like Jawaree here. Mostly a refile will do but in this case you need a good lawyer since you don't know what she said at that room by herself. Good luck

[Ebunoluwa 6,136]

" In the meantime I would pack some things that will need back home ,& money in case

that becomes a reality"...This is total rubbish and gibberish. Joshuam, get a good lawyer and you can probably file for a waiver make sure you have all the documentation. Don't be disheartened by people like Jawaree here. Mostly a refile will do but in this case you need a good lawyer since you don't know what she said at that room by herself. Good luck

No, it is not total gibberish. A friend of mine was picked up by ICE and was not allowed to go back in his apartment to gather anything,

he was placed in a detention center and later deported. It was his lawyer that screwed up by the way, not him but of course he was held accountable.

Southcoast gave good detailed advice and the plan B Jawaree suggested is something OP should follow also.

People do fall through the cracks of what should have been done but wasn't and I would rather be prepared for the worst while

hoping for the best.

[Transborderwife 4,666]

" In the meantime I would pack some things that will need back home ,& money in case

that becomes a reality"...This is total rubbish and gibberish. Joshuam, get a good lawyer and you can probably file for a waiver make sure you have all the documentation. Don't be disheartened by people like Jawaree here. Mostly a refile will do but in this case you need a good lawyer since you don't know what she said at that room by herself. Good luck

Haven't you heard of better to be safe than sorry?

[Sandra G. 5,016]

Usually Immigration Courts do not close administratively the proceedings until USCIS adjudicates the I-751 waiver, but they grant a continuance, that being said the person has a chance to file a I751 waiver with USCIS and the Court will wait until the case is adjudicated by USCIS, if approved the removal will be terminated, if not then the Court will set a date for the individual hearing.

File the I-751 waiver now, DO NOT MISS THE COURT DATE.I know you are not divorced yet, but file the waiver, in a few months you will receive an RFE asking you to submit the divorce decree, and probably until there your divorce will be final. When in removal is always advised to have an attorney.

Edited June 5, 2015 by sandranj

[Jawaree 717]

" In the meantime I would pack some things that will need back home ,& money in case

that becomes a reality"...This is total rubbish and gibberish. Joshuam, get a good lawyer and you can probably file for a waiver make sure you have all the documentation. Don't be disheartened by people like Jawaree here. Mostly a refile will do but in this case you need a good lawyer since you don't know what she said at that room by herself. Good luck

Please DO NOT attack me ATTY ! Did OP other post not say he lived out of town to work & stayed with friends

the time they lived together did not amount to much leading to this point where she signed the withdrawal I don't come

to this forum with negatives towards anyone , did I not have a positive in my answer, did you see the other thread,

I never discourage here dude,,,don't ever address me again...oh the block button. .I am telling dude plan B because he

says she divorced him....His other post I suggested he go home and make up with her after being gone so long...PHewww

[aurpol 17]

It is sad that this has happened to you but with her signing the withdrawal and divorcing you is like putting an end to your journey here. You will be summoned to appear in a court because there is no appeal to the denial decision. The burden of proof is upon them, justifying their decision and proving that your marriage was a sham. You may have the documents, but they have the withdrawal form signed by your ex-wife which nullifies everything. Hire an expert immigration lawyer and if by any chance, try your very best to convince your ex-wife to be on your side like maybe recanting (re withdrawal form). Goodluck.

Edited June 5, 2015 by aurpol

[Pitaya 2,576]

~Thread hijack attempt thread removed~

~New thread started in IR1/CR1 Process Forum~