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joshuam

i-751 denied, In removal proceedings (merged)

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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

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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

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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 by southcoast

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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

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


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


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Duplicate threads merged.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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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

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" 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.


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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" 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?

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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 by sandranj

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" 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

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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 by aurpol

N-400 process

03/03/16 Submitted N-400 application and docs
03/09/16 USCIS ackn rcpt (txt, email, and NOA1) and chk cashed
03/29/16 Biometrics (walked in - orig date 04/05/16)
04/04/16 In Line for an Interview (txt, email, and checked case status)

05/16/16 Scheduled for an Interview (Case Status Online)

05/20/16 Received I/L
06/24/16 Interview date (PASSED)
07/20/16 Oath-taking at LACC ( I AM NOW A US CITIZEN!!!)

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~Thread hijack attempt thread removed~

~New thread started in IR1/CR1 Process Forum~


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

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