I-751 Denied, Spouse Withdrew Petition

[meredith pa 0]

I"m sorry to hear about your situation...It is pretty bad...

But your conditional residence is based on marriage...

so for the officer your PHD or anything that is not related to the marriage

doesn't really matter.....

If you entered in good faith you may have a chance to appeal....You should look into it.

[Minya's wife 24]

I'm a PhD candidate in a University here in the US. I originally came to the US on an F-1 visa in 2002 but eventually met someone I like and we got married in November 2003. In 2005 I got a conditional residency. Few months after I moved up north, but my spouse really didnt like that because she is from the south. We ve been having minor problems since then.She only came a few times to visit me. Few days ago, we both appeared at the Philadelphia district office and after she was called in first and spent over an hour with the immigration officer, the officer made her withdraw the petition. She denied having any knowledge of the references and lied to the immigration officer. The officer took her words against mine, and believed I was the liar since she is a "US citizen". The officer told me to expect a denial letter in the mail and I know what that means.He also suggested that I get an immigration lawyer too. I really need some help now. I am in the middle of my Ph.d program in Engineering and I have been going to school since my first day here in the US and have never been in trouble.The officer claimed all the documents I submitted were fake since my US citizen spouse denied the knowledge of all the documents. Now my references may also be in trouble as well, since my wife told the immigration officer that she doesnt know about the references.

Your eligiblity to remove conditions to your residency is based upon your continued marriage to the US Citizen, and on the bona-fide nature of that marriage. If you moved away 2 years ago, and have had separate households for the past two years with your wife only visiting you a few times, it's no wonder the IO questioned the validity of the marital relationship...since that marital relationship is what gives you the unconditional green card. If you are in a PhD program, you can transfer your status back to an F1....though that may entail a visit back to your home country, and you can finish your schooling no problem. As an Engineer (w/ a PhD to boot), you can probably secure a good job where your employer would take care of the H1 visa for you....so you would probably be OK.

By all means, do look for an immigration attorney, to advise you. You may be able to successfully remove conditions yourself, without your USC sponsor (wife), though the fact that you've been living separately for the past two years may be somewhat of a sticking point.

Good luck!

-P

[diadromous mermaid 36]

Unless you "makeup" you are in for a rough ride or maybe even a plane ride!

Not true...........making up wouldn't help at this point.

[diadromous mermaid 36]

Your eligiblity to remove conditions to your residency is based upon your continued marriage to the US Citizen, and on the bona-fide nature of that marriage. If you moved away 2 years ago, and have had separate households for the past two years with your wife only visiting you a few times, it's no wonder the IO questioned the validity of the marital relationship...since that marital relationship is what gives you the unconditional green card. If you moved away 2 years ago, and have had separate households for the past two years with your wife only visiting you a few times, it's no wonder the IO questioned the validity of the marital relationship.

If you are in a PhD program, you can transfer your status back to an F1....though that may entail a visit back to your home country, and you can finish your schooling no problem. As an Engineer (w/ a PhD to boot), you can probably secure a good job where your employer would take care of the H1 visa for you....so you would probably be OK.

By all means, do look for an immigration attorney, to advise you. You may be able to successfully remove conditions yourself, without your USC sponsor (wife), though the fact that you've been living separately for the past two years may be somewhat of a sticking point.

Good luck!

-P

I don't agree with this!

Your eligiblity to remove conditions to your residency is based upon your continued marriage to the US Citizen, and on the bona-fide nature of that marriage.

or this

If you moved away 2 years ago, and have had separate households for the past two years with your wife only visiting you a few times, it's no wonder the IO questioned the validity of the marital relationship

or this

If you are in a PhD program, you can transfer your status back to an F1....though that may entail a visit back to your home country, and you can finish your schooling no problem. As an Engineer (w/ a PhD to boot), you can probably secure a good job where your employer would take care of the H1 visa for you....so you would probably be OK.

or for the most part, this (for reasons very specific to this case)

You may be able to successfully remove conditions yourself, without your USC sponsor (wife), though the fact that you've been living separately for the past two years may be somewhat of a sticking point.

Edited July 16, 2007 by diadromous mermaid

[cleverkat 0]

Yes, to hire a good attorney-is the best in your situation. It will cost about $5K+/-, but this is not an easy case to deal with alone. I don`t understand why she even went for the interview if she was going to deny your bona fide marriage. It amazes me how USCIS took her word against yours-she is in fault then if she lied at the first place at the first interview and needs to be accountable for that. But you know how some people judge your on the country of origin. I think you still have chances to win.