Jump to content
Leo&Muffin

Possible next steps if I-751 was denied

28 posts in this topic

Recommended Posts

Hello,

 

My wife (the petitioner) and I have been married for 5 years and we submitted her I-751 application back in 2018, we also applied for her N-400 in 2020. We’re scheduled for our third I-751 interview in the next couple weeks so would like to get some insights and what options we will have if the result turned out to be negative (if USCIS denies my wife’s I-751). We’ve had an attorney with us during the first two interviews (1st one was same room, 2nd one was stoke), and he’ll attend this third interview with us. 

 

1- Is it common to be asked for multiple I-751 interviews? Most I see is two times. 

2- What would be the best options for my wife to lawfully remain in the US if USCIS decided to terminate her residency? Refile I-751? Can we still refile if NTA was sent together with the termination letter?
3- I also read residency status remains until the final decison made by the IJ, is this correct? So let’s say even if USCIS sent out termination letter, one can still legally stay in the US until the offical removal decisions made by the court? 

 

Some facts about our relationship/marriage: we’ve been together for 7 years (dating 2, married 5), and just like any couples, we’ve had our ups & downs but still love each other and want to build a future together. We have a child together and even though he’s not biologically mine, I still look at him as my real son. I mention this because I feel like my wife’s pregnancy and how the 2nd stoke interview went might trigger this 3rd interview. Due to the pandemic & high risk pregnancy, my wife unfortunately was stuck in another state during her pregnancy for about 6m (which we told the truth and disclosed to the officer at the 2nd interview - she was 32wks pregnant at this interview). There were some mismatches in our answers about our stay apart, the pregnancy,…due to both of us being nervous and not sure how the officer would interpret our situation. I myself did not find out about my son until recently when my wife and I sat down to talk about everything that went thru with our relationship. Anyhow, we resolved our conflicts and forgave each other’s mistakes…

 

My quesion is if USCIS requested for DNA test, what would be the best way to handle this? Should we just straght off tell them the whole story and the one-time mistake that my wife made right when they request it? Or still take the test even though we already know the result and then explain the story later? We did disclose this to our attorney too when I found out since we want him to know the whole story and he said he needs some time to think about it. Regardless, I’m not sure how they will interpret our marriage and I dont want this to negatively impact my wife’s residency status in the US. 

 

Thank you for reading my long post…

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Canada
Timeline

i dont understand why she would have been stuck in another state for 6 months. state to state travel was never prohibited.

 

whatever.

 

theres a lot going on and i dont blame them for multiple interviews, especially if your answers are not matching up. the questions the other poster asked are good ones, as well.

 

who is listed on the babys birth certificate?

 

did bio dad sign over all parental rights?

 

what other evidence do you have of a legitimate marriage (bank accounts, taxes, loans, insurances, the things you file with the initial ROC application, etc) do you have things ongoing from that time to present? from date of marriage to present?


i 485, 130, EAD and AP

04/09/2019    NOA1 received/check cashed i 485 and 130

04/19/2019    Rec'd appointment letter for biometrics

05/02/2019    Biometrics

05/15/2019    Submitted initial request for EAD expedite 5/22 faxed info

06/05/2019    EAD APPROVAL!!!!!!!!!!  06/06/2019    AP Approval

06/13/2019    Combo Card Received in Mail

06/19/2019    Social Security Card received in mail

10/07/2019     Received interview date letter for 11/7/19

11/07/2019     AOS Interview-Norfolk

11/10/2019     APPROVED (notification rec'd 11/10, approval dated 11/8)

11/14/2019     Case status update that card is in mail ❤️ received 11/16

DONE FOR TWO YEARS!!! ;)

 

Filed everything ourselves from K1, then married, withdrew k1, decided to adjust directly and filed I-130 and AOS ourselves with no RFE's or delays.

 

 

CR1 for Child under 21 (20 at time of filing)- Filed by LPR Spouse for his son

4/4/20     Mailed packet

4/12/20   NOA1 rec'd

Share this post


Link to post
Share on other sites

That’s a tough one. 
You mentioned that  you “didn’t find about your son until recently”, how long were you guys separated? Clearly it was more than 6 mo. Or are you referring to you having another son with a different woman? 
Sounds like you two have never lived together. 
your best chance is to tell the whole truth to the officer and hoping for the best. You and your attorney need to come up with a game plan for the worst case scenario : like starting from scratch. 


05/24 PD
06/18/18 Bio apt
06/26/18 Fingerprint review was completed
09/27/18 RFE for I-864
11/04/18 Sent response to RFE
11/06/18 RFE response was received
11/07/18 Courtesy letter for I-693
11/19/18 Case is ready to be scheduled for interveiw
11/20/18 Interview was scheduled

Share this post


Link to post
Share on other sites

I’m new to the platform so not sure how to respond to individual posts. I am the US citizen and sponsored my wife through our marriage. Just to be clear from my original post, we were never separated or lived in different locations since we got married, even when he had issues. The only reason my wife flew to another state in the first place was to visit her younger brother and the plan was only be there for 2-3 weeks, this was before we found out she was pregnant. We found out my wife was pregnant when she was in that state (about 2 weeks later, she did not conceived in that state), she went to an OBGYN and she had a high-risk pregnancy and the doctor strongly adviced against travels due to that risk and COVID - that’s the whole reason we decide it was best for her to stay with the relative until things got better. We told the whole truth to the officer at the 2nd interview, we just did not disclose the time we had issues because we did not feel a need to at that point. And I do understand giving mismatches answers has lead us to this stage, our concern is how to best explain this at the upcoming interview without further damaging our chance and best options to go if worst case scenario happens. 
 

Regarding our marriage issues, we all made mistakes, I did something first which lead to my wife being upset and had a one-time thing with an acquaintance of her (what a chance). Anyways, I am the father on the birth certificate and be there for her during the entire pregnancy + birth. The bio-father is not in this picture. We were so sure baby is mine even at the 2nd interview and after he was born but appearance wise, we could tell as he gots a little older. Proofs wise, we have pretty much eveyrything together, tax, joint bank accounts, utility bills, health + auto insurances, affidavits, tons of pictures….

 

@mindthegap we still want to be married to each other so I don’t think the option of her getting a new marriage would work in our case. Just a side question, she intends to go back to grad school, will she be legally apply for and remain to stay in the US on an F1 international student visa then if the LPR status terminated? 
 

 

Share this post


Link to post
Share on other sites
1 hour ago, Leo&Muffin said:

 

@mindthegap we still want to be married to each other so I don’t think the option of her getting a new marriage would work in our case. 

I never suggested such a thing. Please read what I wrote again.

 

I was saying that IF it was terminated, you could, technically, file a new I-130 and start the entire spousal process all over again, from scratch, as the spouse of a US citizen.

It used to be the case that one had to wait until an order of removal was made following a denial before a new i-130 could be filed, but that has changed and been clarified recently. It can now be done when a simple notice of denial has been received without the necessity of going to court

However, that new guidance is primarily designed for former spouses of US citizens who have RE-married and are having the spousal process via an i-130 filed with a NEW marriage. I have no idea how much hassle you would have to go through doing the whole process over again with the same marriage, with a prior denial of removal of conditions. I am sure it is possible, just with hassles, as obviously they are going to give extra scrutiny. 

 

Nowhere did I ever suggest a divorce, or new marriage, or that she needs to re-marry to someone else, and I never would suggest such a thing. 

 

1 hour ago, Leo&Muffin said:

Just a side question, she intends to go back to grad school, will she be legally apply for and remain to stay in the US on an F1 international student visa then if the LPR status terminated? 

 

You cannot (usually) apply for an F1 within the US. There is the potential to change from something like a B2, but she isn't on a B2, she is a lawful permanent resident, and will remain so - with all the rights and responsibilities that come with that - until a final order of removal by an immigration judge, should that come.

If it does, that will be YEARS away and there are many steps in between now and then. This is not a quick process.

Concentrate on the third interview and getting that one right and deal with problems IF and when they occur.


CR1 / DCF (London): 2012 / 2013 (4.5 months from I-130 petition to visa in hand)

I-751 #1- May 2015 [Denied]

 

Early May 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS. No opportunity given to review & refute allegations  - contrary to USCIS policy.

 

I-751 #2 - Oct 2017 [Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

 

 N-400 - Feb 2018 [Denied] 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

 

I-751 Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

March 2021: Service Motion request sent overnight to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors.

 

I-290B - April 2021 [Withdrawn]

April 2021: I-290B motion to re-open ($675) filed 

 

I-751 #3 - June 2021 [Pending]

June 2021: I-751 #3 (27lbs) & another $680 sent to USCIS via FedEx ($300+..thanks) .... IT'S GROUNDHOG DAY

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

 

 

Share this post


Link to post
Share on other sites
1 hour ago, mindthegap said:

Nowhere did I ever suggest a divorce, or new marriage, or that she needs to re-marry to someone else, and I never would suggest such a thing. 

Yes, I understand, really appreciate your help & advices. Hopefully our third interview will go well. 

Share this post


Link to post
Share on other sites

Hello folks, thank you for all the sound advices. Clearly, I did not make this post to get opinions regarding marriage/family matters…it’s a background story for my wife’s outstanding immigration application. 
 

One of the questions asked in the OP was should we explain everything to the officer right at the interview when the DNA test is requested or should we still take the test and then explain later. I understand it might doesnt make any difference in the outcome but would like to see which route would be best to navigate around this situation. 

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Myanmar
Timeline
15 hours ago, Leo&Muffin said:

 

 

1- Is it common to be asked for multiple I-751 interviews? Most I see is two times. 

No. But then again it is more common that the joint I-751 petitioners live together.

 

Quote

2- What would be the best options for my wife to lawfully remain in the US if USCIS decided to terminate her residency? Refile I-751? Can we still refile if NTA was sent together with the termination letter?

 

You have a lawyer and that lawyer can tell you better than most of us, or at least me.

 

My guess is you would file an I-485 package before her 33 days left to leave the USA were up. The advantage of this is that once approved, because you've been married more than two years, she does not have to file I-751. The disadvantage is that the N-400 application is null and void, and the 3 year clock starts when the I-485 is filed.

 

 

Quote

3- I also read residency status remains until the final decison made by the IJ, is this correct? So let’s say even if USCIS sent out termination letter, one can still legally stay in the US until the offical removal decisions made by the court? 

Yes, if she appeals the decision, she is an LPR until the court revokes her status.

 

Quote

 

Some facts about our relationship/marriage: we’ve been together for 7 years (dating 2, married 5), and just like any couples, we’ve had our ups & downs but still love each other and want to build a future together. We have a child together and even though he’s not biologically mine, I still look at him as my real son. I mention this because I feel like my wife’s pregnancy and how the 2nd stoke interview went might trigger this 3rd interview. Due to the pandemic & high risk pregnancy, my wife unfortunately was stuck in another state during her pregnancy for about 6m (which we told the truth and disclosed to the officer at the 2nd interview - she was 32wks pregnant at this interview). There were some mismatches in our answers about our stay apart, the pregnancy,…due to both of us being nervous and not sure how the officer would interpret our situation. I myself did not find out about my son until recently when my wife and I sat down to talk about everything that went thru with our relationship. Anyhow, we resolved our conflicts and forgave each other’s mistakes…

Legally your son is yours.

Quote

My quesion is if USCIS requested for DNA test, what would be the best way to handle this?

Why would USCIS do that? Only if you or your wife told USCIS hat your son is possibly not your biological father. And even then, I don't know why USCIS would do that. The salient facts are:

 

1. You two have a son together. This generally counts for a lot in an I-751 cases, in a positive way.

 

2. At least one spouse was unfaithful. The counts against your case: generally bonafide marriages do not have unfaithful spouses.

 

Unless directly asked about (2), I don't see any value in bringing it up.

 

Again, legally your son is yours. At the third interview bring your son's birth certificate and a photo copy. Bring photos of the three of you together.

 

 

Quote

Should we just straght off tell them the whole story and the one-time mistake that my wife made right when they request it?

No.

Quote

Or still take the test even though we already know the result and then explain the story later?

Taking the test is not relevant to the I-751 case.

 

Quote

Thank you for reading my long post…

No worries.

 

I think you two should:

 

* start living together

 

* get on the same page with respect to your answers

 

6 hours ago, Leo&Muffin said:

Just a side question, she intends to go back to grad school, will she be legally apply for and remain to stay in the US on an F1 international student visa then if the LPR status terminated? 

No, she would have to leave. The better alternative would be to file a new I-485. Most schools will let her attend on the basis of her I-485 receipt.

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Wales
Timeline

The key comment is the need for the Lawyer to think about it.

 

A lot depends on what was disclosed or not in the interviews, I assume quite a bit taking into account where we are.

 

 


“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.”

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...