Can I still work if I751 gets denied? (merged)

[MarkDallasTX 0]

Hi, I have a pending I751 and n400 applications. I separated from my spouse. I live in Dallas,TX. A lawyer told me that my case will be denied and I will have to file for waiver. 

 

We didn't file for divorce yet. If my I751 gets denied, will I have to stop working? If I have to stop working, should i stop work when I receive the letter?

I read online that says my permanent resident status will be terminated if I751 gets denied. 

 

Any help will be appreciated thank you.

 

Mark.

[Georgia16 2,858]

Why would it be denied? 

[Georgia16 2,858]

Also yes its correct your lawful status will be terminated and that also means you can work legally. 

 

 

You should also withdraw your N-400 as you can not continue with that one under 3 year rule when you are separated. It sucks I know but that is how it is and you can file again under 5 year rule if everything goes well with your I-751

Edited December 21, 2019 by Georgia16

[MarkDallasTX 0]

3 minutes ago, Georgia16 said:

Why would it be denied? 

i am separated from my spouse. I am waiting for an interview. 

I am planning to file a divorce but didn't file yet and currently separated. 

Lawyer said that it will be denied if i go to interview alone because i have pending joint I751. i am just worried that i will lose my job. i'm not afraid to prove that marriage was real. 

 

[Georgia16 2,858]

1 minute ago, MarkDallasTX said:

i am separated from my spouse. I am waiting for an interview. 

I am planning to file a divorce but didn't file yet and currently separated. 

Lawyer said that it will be denied if i go to interview alone because i have pending joint I751. i am just worried that i will lose my job. i'm not afraid to prove that marriage was real. 

 

You could go to interview and switch to a divorce waiver. You should really file for divorce now so you can get the divorce decree. They will give you an RFE and thats 90 days to provide it. And otherwise you can file a new I-751 with a divorce waiver. Also please see above with your N-400 as you can't continue with that one.

[MarkDallasTX 0]

3 minutes ago, Georgia16 said:

You could go to interview and switch to a divorce waiver. You should really file for divorce now so you can get the divorce decree. They will give you an RFE and thats 90 days to provide it. And otherwise you can file a new I-751 with a divorce waiver. Also please see above with your N-400 as you can't continue with that one.

thank you for answer. what if i can't divorce in 90 days? 

 

during this time, will i be able to work? i am ok with giving up on n400 for now.

[Liam2021 560]

You should file for a divorce now and switch to divorce waiver interview. As above, your N400 will be clearly denied since you're no longer qualify under 3-years rules.

[MarkDallasTX 0]

after i switch to divorce vaiwer, what is the process? during that time will i work? 

and after going to interview and swtich to divorce vaiwer, will i receive the green card in mail?

[Georgia16 2,858]

1 minute ago, MarkDallasTX said:

thank you for answer. what if i can't divorce in 90 days? 

 

during this time, will i be able to work? i am ok with giving up on n400 for now.

If you can't get a divorce in the time they need the decree then they will deny you and you will file a new one with divorce waiver. 

Do you already have an interview date for the I-751? When you cancel the N-400 interview that may give you some more time before they call you for the I-751 interview again. So that gives you more time plus 90 days after interview to provide it. Just get started asap.

1 minute ago, MarkDallasTX said:

after i switch to divorce vaiwer, what is the process? during that time will i work? 

and after going to interview and swtich to divorce vaiwer, will i receive the green card in mail?

Yes you can work. 

No they will need the divorce decree before they can approve you.

[Quarknase 1,072]

15 minutes ago, MarkDallasTX said:

thank you for answer. what if i can't divorce in 90 days? 

 

during this time, will i be able to work? i am ok with giving up on n400 for now.

You will get an RFE for the divorce decree and will hand it in once the divorce is final.

 

When did you file the I-751? Wait times are looong from what I read so you might very well be able to get the divorce finalized by the time your interview comes around. Until then you have your extension letter as proof of valid LPR status.

 

I'd just recommend to actively withdraw your N-400 now, to show good moral and not come into the situation that it looks like you're playing the system

 

[MarkDallasTX 0]

4 minutes ago, Quarknase said:

You will get an RFE for the divorce decree and will hand it in once the divorce is final.

 

When did you file the I-751? Wait times are looong from what I read so you might very well be able to get the divorce finalized by the time your interview comes around. Until then you have your extension letter as proof of valid LPR status.

 

I'd just recommend to actively withdraw your N-400 now, to show good moral and not come into the situation that it looks like you're playing the system

 

i filed i751 over 20 months ago. my extension letter expired already.

[Crazy Cat 39,354]

https://www.avvo.com/legal-answers/i-751-denied-can-i-still-work-542079.html

[carmel34 3,531]

2 hours ago, MarkDallasTX said:

i filed i751 over 20 months ago. my extension letter expired already.

Contact the nearest USCIS local office to get a new extension letter since your letter has expired.  An expired green card and new unexpired I-797 receipt letter will allow you to work legally while this process plays out.  As others have said, file for divorce so that you can change the I-751 to a divorce waiver as soon as you get the divorce decree.  Save all your evidence of the bona fide marriage relationship.  Good luck!

[Amadia 711]

7 hours ago, MarkDallasTX said:

A lawyer told me that my case will be denied

☝️ Your first mistake is to listen to rubbish from this shyster.

Is this lawyer someone you hired?

 

[walter99 40]

I know it's not the subject, but if you are in a good marriage and your wife/husband dies after you have the permanent GC or after you get the conditional one, what rule does apply, the 3 years or the 5 years for N-400 ?