Denied Removing of Condition

[darna 0]

Hi Guys, I came here thru K1 fiance visa and got my conditional 2 yrs greencard.. my ex husband and i got divorce 8 months ago, I filed to remove my conditional greencard alone..I dont have enough evidence like joint bank account and joint ownership together so they denied my application..My greencard will expire january next year..Also i been married with my new husband 5 months ago...I wonder if theres anything my husband can help me about my case?

I hope someone here can give me some advice or info what should i do.?

[Kez/JWolf 6]

You need to make an appointment with a immigration lawyer to help you try and soet this out....

Kez

[ladybird216 2]

If your GC doesn't expire until January, how did you file to remove conditions before the 90 day window? Or have I missed something here.

Jen

[john_and_marlene 162]

If your GC doesn't expire until January, how did you file to remove conditions before the 90 day window? Or have I missed something here.

Jen

You don't have to wait until the end of the 2 years if you divorce.

[ladybird216 2]

If your GC doesn't expire until January, how did you file to remove conditions before the 90 day window? Or have I missed something here.

Jen

You don't have to wait until the end of the 2 years if you divorce.

Oh, I understand now....thanks for clearing that up for me

[lucyrich 19]

Hi Guys, I came here thru K1 fiance visa and got my conditional 2 yrs greencard.. my ex husband and i got divorce 8 months ago, I filed to remove my conditional greencard alone..I dont have enough evidence like joint bank account and joint ownership together so they denied my application..My greencard will expire january next year..Also i been married with my new husband 5 months ago...I wonder if theres anything my husband can help me about my case?

I hope someone here can give me some advice or info what should i do.?

See an immigration lawyer.

The problem is that, if they deny your I-751, I'm not sure what information gets entered on your record. I think there's a chance they will put a finding of fraud or misrepresentation on your record -- this is something you need to discuss with that attorney.

If they decide that your original marriage was a sham for the purpose of immigration benefits, then you are permanently barred from admission to the US. It doesn't matter if you have a later marriage to a USC that is provably genuine, once there's a finding of fraud, it's a permanent ban.

So see that immigration attorney and find out what needs to be done to prevent them from issuing a finding of fraud.

[diadromous mermaid 36]

Hi Guys, I came here thru K1 fiance visa and got my conditional 2 yrs greencard.. my ex husband and i got divorce 8 months ago, I filed to remove my conditional greencard alone..I dont have enough evidence like joint bank account and joint ownership together so they denied my application..My greencard will expire january next year..Also i been married with my new husband 5 months ago...I wonder if theres anything my husband can help me about my case?

I hope someone here can give me some advice or info what should i do.?

See an immigration lawyer.

The problem is that, if they deny your I-751, I'm not sure what information gets entered on your record. I think there's a chance they will put a finding of fraud or misrepresentation on your record -- this is something you need to discuss with that attorney.

If they decide that your original marriage was a sham for the purpose of immigration benefits, then you are permanently barred from admission to the US. It doesn't matter if you have a later marriage to a USC that is provably genuine, once there's a finding of fraud, it's a permanent ban.

So see that immigration attorney and find out what needs to be done to prevent them from issuing a finding of fraud.

lucyrich,

Do you believe there is a difference between a "finding of fraud" and a denial due to lack of evidence to support the bonafides of marriage?

[lucyrich 19]

lucyrich,

Do you believe there is a difference between a "finding of fraud" and a denial due to lack of evidence to support the bonafides of marriage?

This is an area that's beyond my understanding, which is why I suggested consulting an attorney.

For a story that's somewhat similar, but still different in a lot of very relevant details, read this article. It talks about a scenario where a couple files a K-1, and the consulate says they don't have enough evidence of a bona fide relationship. So they forget about the K-1, marry, and file a K-3, with all sorts of valid evidence. But the old denied K-1 results in a finding of misrepresentation, thus messing up the K-3. In the article cited, there are a number of things that are NOT relevant to the I-751 process, notably there's no involvement by the Department of State or a consulate.

I'm not sure what the results of a denied I-751 will be, but I know that it is extremely important to avoid having a finding of fraud or misrepresentation on one's record. And I also know that the procedures aren't always intuitively obvious or "right". Anytime someone seems to be getting anywhere near having such a finding issued, it's time to be very careful, be armed with a thorough knowledge of the law and procedures, and to do what's necessary to convince the authorities that there was no fraud or misrepresentation.

[darna 0]

lucyrich,

Do you believe there is a difference between a "finding of fraud" and a denial due to lack of evidence to support the bonafides of marriage?

This is an area that's beyond my understanding, which is why I suggested consulting an attorney.

For a story that's somewhat similar, but still different in a lot of very relevant details, read this article. It talks about a scenario where a couple files a K-1, and the consulate says they don't have enough evidence of a bona fide relationship. So they forget about the K-1, marry, and file a K-3, with all sorts of valid evidence. But the old denied K-1 results in a finding of misrepresentation, thus messing up the K-3. In the article cited, there are a number of things that are NOT relevant to the I-751 process, notably there's no involvement by the Department of State or a consulate.

I'm not sure what the results of a denied I-751 will be, but I know that it is extremely important to avoid having a finding of fraud or misrepresentation on one's record. And I also know that the procedures aren't always intuitively obvious or "right". Anytime someone seems to be getting anywhere near having such a finding issued, it's time to be very careful, be armed with a thorough knowledge of the law and procedures, and to do what's necessary to convince the authorities that there was no fraud or misrepresentation.

Thank you guys for opinions and advices..I know im in a bad position right now, My marriage to my original husband that petition me is Genuine, Is just happen that he lives with his parents and all the utilities, the house is already in their name and so thats why we dont have joint ownership together..Also he never put me in his bank account or anything he has..and so thats why we dont have anything in our name together but our Marriage certificate and pictures together..We got divorce because i ask him if we can move out from his parents so we have own privacy but he refuse me and he said he rather live with his parents..and so thats why start our feud and end up to divorce..

Its so hard that because of his irresponsibilities decision now i dont have any documents like those financial things..

[kishore35 0]

Hello All,

I just saw this post and I wanted to get some advise from you guys.....I have been married once before and my wife then had filed for my AOS,but we got divorced within 6 months because we had lot of our differences,we did not appear for the AOS interview ,so then I just received work auth for 1 year,........3 years later I married again and my wonderful wife applied for my AOS and we were approved,at the interview,the officer asked about my previous marriage and I told him the truth,and no further questions were asked,i recd my 2 year conditional card a week later.....now that we are removing conditions,filing jointly after 2 yrs ( 7.5 months ..still waiting at NSC), do you think the previous marriage issue would be raised again...I just want to be prepared in advance..

Would appretiate your response-Kishore

[Mr and Mrs Bird 0]

Hello All,

I just saw this post and I wanted to get some advise from you guys.....I have been married once before and my wife then had filed for my AOS,but we got divorced within 6 months because we had lot of our differences,we did not appear for the AOS interview ,so then I just received work auth for 1 year,........3 years later I married again and my wonderful wife applied for my AOS and we were approved,at the interview,the officer asked about my previous marriage and I told him the truth,and no further questions were asked,i recd my 2 year conditional card a week later.....now that we are removing conditions,filing jointly after 2 yrs ( 7.5 months ..still waiting at NSC), do you think the previous marriage issue would be raised again...I just want to be prepared in advance..

Would appretiate your response-Kishore

Are you the foreigner?

[darna 0]

Hello All,

I just saw this post and I wanted to get some advise from you guys.....I have been married once before and my wife then had filed for my AOS,but we got divorced within 6 months because we had lot of our differences,we did not appear for the AOS interview ,so then I just received work auth for 1 year,........3 years later I married again and my wonderful wife applied for my AOS and we were approved,at the interview,the officer asked about my previous marriage and I told him the truth,and no further questions were asked,i recd my 2 year conditional card a week later.....now that we are removing conditions,filing jointly after 2 yrs ( 7.5 months ..still waiting at NSC), do you think the previous marriage issue would be raised again...I just want to be prepared in advance..

Would appretiate your response-Kishore

Are you the foreigner?

Is that possible? That my new husband can file a new AOS for me, rather than me going back to my country and start all over again by him petetion me as a spouse?

[cleverkat 0]

If you want to stay in this country after your I-751 was denied, you absolutely MUST hire a good immigration attorney. I was sure that I will be fine without one (I had a lot of join stuff), but I wish I paid $$ instead of waisting three years of my life on waiting after interview (over five years since I submitted I-751).

[kishore35 0]

[Are you the foreigner?

I am the Permanent resident ,yes,.....are You in the same situation?

[kishore35 0]

Darna,

yes,it is possible that you can file again...with some further legal advise....yes,it is possible..

Also CleverKat,

could you please email me as to what happened with your case,did you get approved..Thanks