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i-751 denied, In removal proceedings (merged)

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Filed: Citizen (pnd) Country: Mexico
Timeline

This is the best advice I have read...

God bless Southcoast for taking the time. Listen and act ASAP, OP.

Best wishes!



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.

:yes:Intelligence trumps muscle... Imagination trumps both! :yes:

IR-1/CR-1 Visa
Service Center : Nebraska Service Center
Consulate : Cd. Juarez, Mexico
Met: January, 2006 :D
Marriage (if applicable): 2012-10-26 (L)
I-130 Sent : 2014-08-01
I-130 NOA1 : 2014-08-04

I-130 NOA2 : 2015-05-14

Shipped to DoS: 2015-05-22

Received at NVC: 2015-06-01

Case Created at NVC: 2015-06-10 (from Julian Date calculation)

AOS and IV Fee Invoiced: 2015-06-11
AOS and IV Fee Paid: Website down as of 06-15... Just waiting...
AOS and IV Fee Paid: 2015-07-05 CEAC site finally UP! :dancing:

AOS and Civil Docs received at NVC: 2015-10-13

NVC checklist for obsolete i864: 2015-11-25

Submit updated i864: ?????? when my lawyer desires... :clock:
Submit updated i864: Did NOT wait for lawywer. Did it myself 2015-12-10
NVC received reply to checklist i864: 2015-12-10 (yes.. same day O.O)

NVC case completed: 2016-01-07
NVC assigned interview date: 2016-01-23
Interview at CJS consulate: 2016-03-30

Visa "Issued": 2016-04-05
Entered the US: 2016-04-27

SSN Arrived: 2016-05-07 ... wow TEN days!

N-400

Filed Online: 2020-06-30

NOA: 2020-07-01

Biometrics Letter: 2021-04-08
Biometrics Appointment: 2021-05-03
Interview Scheduled/Cancelled: 2021-06-25 (never received online nor mail notification, just an email reply to tier 2 inquiry about status)

Interview ReScheduled: 2021-11-02

Interview Date: 2021-11-30

Oath ceremony Scheduled/Cancelled/Placed in Line: 2021-12-01
Oath: 2022-1-24 ... JOURNEY OVER! 😺
 

event.png

event.png

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Filed: Country: Kenya
Timeline

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.

There is no appeal to a denial but he can re-file the petition but now it will be a waiver. The waiver can be approved by USCIS and the proceedings will be terminated.

Time for you to do some research before you answer.

I second you Ebunoluwa. People just hell bent on discouraging people under the guise of "advise"

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Filed: Citizen (apr) Country: Brazil
Timeline

one post removed that was not constructive to the topic along with one quoting.
one post removed that creates drama and that member has been thread banned.

post constructive advice for the op. continued bickering will result in further moderation action.

Edited by charles!

* ~ * Charles * ~ *
 

I carry a gun because a cop is too heavy.

 

USE THE REPORT BUTTON INSTEAD OF MESSAGING A MODERATOR!

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Filed: K-1 Visa Country: Philippines
Timeline

After going through a long, intense visa process, you end up with major problems. My heart goes out to you.

If you choose to try to reconcile this marriage, I think you will need an excellent immigration attorney, who knows of divorces also.

I just wish you two could sit down with a counselor, pastor, or priest, and get past your differences.

Good luck. The visa process is so long and hard, it is sad to see one come to an end, maybe it won't.

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Filed: Timeline

I think people misunderstood the reason for the denial in this case... He wasn't denied due to marriage fraud so why all the agitation? He needs to file the correct forms and show that he married in good faith. The wife is not going to be called for interview with him again and he needs to be honest. No need to wait one more time to do this... Honestly, I wouldn't bother any attorney if the marriage was real...

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I would think that, since the divorce isn't finalized, you should choose "married." Someone correct me if I'm wrong.

K1 Timeline:

02/28/2014 - I-129F Submitted
04/08/2014 - I-129F NOA2 Received

07/03/2014 - SLEC Medical Appointment 1 (Result: Sputum Culture)

09/18/2014 - SLEC Medical Appointment 2 (Result: Passed)

10/14/2014 - K1 Visa Interview (Result: Approved)

10/23/2014 - K1 Visa Issued

11/09/2014 - Entered USA (POE: Los Angeles)

01/02/2015 - Wedding Day

AOS Timeline:

03/02/2015 - I-485 Submitted (with I-765 & I-131)

03/13/2015 - I-485 NOA Received (with NOA for I-765 & I-131)

03/30/2015 - Biometrics Appointment Completed

05/12/2015 - I-785 & I-131 Approved

05/20/2015 - EAD/AP Combo Card Received

06/10/2015 - AOS Interview (Result: Approved)

06/18/2015 - Conditional Green Card Received

ROC Timeline:

05/15/2017 - I-751 Submitted 
05/26/2017 - I-751 NOA Received 
06/13/2017 - Biometrics Appointment Completed

07/18/2017 - Extension NOA Received (twelve month extension)
03/05/2018 - I-751 Received by Local Office
04/20/2018 - Infopass Appointment (Result: I-551 Stamp on Passport, six-month extension)

06/18/2018 - Extension NOA Received (eighteen month extension)

10/29/2019 - Infopass Appointment (Result: I-551 Stamp on new Passport)

11/06/2019 - I-751 Approved

11/14/2019 - Permanent Green Card Received

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Filed: Citizen (apr) Country: Hungary
Timeline

File a waiver I-751 ASAP (if you're not in removal proceedings yet, you can do this)!

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Filed: Citizen (apr) Country: Mexico
Timeline

If you are filing for a divorce waiver, then you need to mark divorced. You will have to supply a copy of your divorce decree, either at time of filing, or when sent an RFE for it. Your reasons for joint filing waiver in Part 2 is 1d., the marriage is terminated. And yes, you still have to fill in the info for the former spouse, as it asks. Part 3 box 1a. is to check for a spouse or former spouse.

~ Moved from AOS from Family Based Visas to Removing Conditions - topic is filing ROC, not AOS ~

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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Filed: Country: Kenya
Timeline

I'm trying to file the i-751 under divorce waiver while waiting for divorce to be finalized in court. so my question is under marital status should i select divorced or married? Secondly do i still need to enter my wife's info under part 3 (Relationship)?

You can do one of two things. You can file a hardship waiver and mark as married. When the divorce is finalized, withdraw that hardship waiver application and replace with a divorce waiver where you will now mark divorced and include the divorce decree.

You can also go ahead and file a divorce waiver, mark as divorced and pray that the divorce will go through on time before your adjudication. If it is not yet through, they will send you and RFE for the decree and if you dont have it, they will deny it. You can then refile again with the divorce decree.

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Filed: Lift. Cond. (apr) Country: China
Timeline

Similar topics merged.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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