Divorce waiver - I-751 denied, will see lawyer in a week. (split)

[Rosa Garcia 59]

Guys I'm really unwell. I'm scared I will soon receive NTA, despite filing another I-751.  Can they deny it right away and still issue NTA? and even if I want to leave the country before the court date I read that I can't? Can somebody confirm that? I think these days the date for the court hearing may be set in few months or years? I prefer to leave by myself than to be deported.

[carmel34 3,538]

3 hours ago, Rosa Garcia said:

Guys I'm really unwell. I'm scared I will soon receive NTA, despite filing another I-751.  Can they deny it right away and still issue NTA? and even if I want to leave the country before the court date I read that I can't? Can somebody confirm that? I think these days the date for the court hearing may be set in few months or years? I prefer to leave by myself than to be deported.

If you filed another I-751 with additional evidence/documentation, and if it is accepted, you will soon receive the receipt notice with a 48-month extension of your original green card.  With a pending I-751, it is very unlikely that you will get an NTA so don't worry about that.  If the "resident since" date on your conditional green card was back in 2017 (an assumption, since you have not stated when you received it, only that you came on a K-1 and married in December 2016), then the 48-month extension will likely not be of much use to you.  You will need ADIT stamps in your passport once a year or get one mailed to you (a new option available to USCIS) while waiting the 2-4 years for the new I-751 to be adjudicated.  You can travel internationally and change jobs with the ADIT stamp as proof of your LPR status.  Breathe.  Relax.  Get a better attorney and focus on your own well-being.  

Edited March 19, 2023 by carmel34

[Rosa Garcia 59]

4 minutes ago, carmel34 said:

If you filed another I-751 with additional evidence/documentation, and if it is accepted, you will soon receive the receipt notice with a 48-month extension of your original green card.  With a pending I-751, it is very unlikely that you will get an NTA so don't worry about that.  If the "resident since" date on your conditional green card was back in 2017 (an assumption, since you have not stated when you received it, only that you came on a K-1 and married in December 2016), then the 48-month extension will likely not be of much use to you.  You will need ADIT stamps in your passport once a year or get one mailed to you (a new option available to USCIS) while waiting the 2-4 years for the new I-751 to be adjudicated.  You can travel internationally and change jobs with the ADIT stamp as proof of your LPR status.  Breathe.  Relax.  Get a better attorney and focus on your own well-being.  

I consulted the attorney and he said I will receive NTA soon for 100% that's why I'm scared. The USCIS also said that I can defend myself ' in front of an immigration judge'.

Do you know if I receive NTA can I leave or will have to wait years for judge to grant me voluntary departure? Maybe I should leave before going to court. I dont want to be charged with fraud I'm innocent.

Edited March 19, 2023 by Rosa Garcia
Add things

[jackiegringa 360]

20 minutes ago, Rosa Garcia said:

I consulted the attorney and he said I will receive NTA soon for 100% that's why I'm scared. The USCIS also said that I can defend myself ' in front of an immigration judge'.

Do you know if I receive NTA can I leave or will have to wait years for judge to grant me voluntary departure? Maybe I should leave before going to court. I dont want to be charged with fraud I'm innocent.

You have received great advice in this thread and haven't answered crucial questions that could help you even further. If you truly want to stay in the US, you have your path explained to you here. If you want to freak out about something that hasn't happened yet and that contradicts everything said by experienced members in the forums you're free to do so.

 

 

Your attorney is bad. Answering all questions posed here will help you more. File the I-751 with more evidence and go live your life in the US or not, your choice.

Edited March 19, 2023 by jackiegringa

[A110 80]

3 hours ago, Rosa Garcia said:

Guys I'm really unwell. I'm scared I will soon receive NTA, despite filing another I-751.  Can they deny it right away and still issue NTA? and even if I want to leave the country before the court date I read that I can't? Can somebody confirm that? I think these days the date for the court hearing may be set in few months or years? I prefer to leave by myself than to be deported.

First I suggest you seek professional help (medication) to treat your anxiety panic attacks. Second is to get another lawyer as suggested by almost every single member here via the means explained to you. If you continue to ask the same questions without taking any actions it leads others to think you are not really after improving your situation and are simply asking for pity and people in general have a very limited and short pity span until it turns to disgust. The paths are highlighted in front of you. You are free to choose.

[mindthegap 2,543]

6 hours ago, Rosa Garcia said:

  Can they deny it right away 

No.

By law you can file as many I-751s as you like. All must be adjudicated.

 

6 hours ago, Rosa Garcia said:

 and still issue NTA? 

Possibly. But that takes years at the moment. YEARS.

As I posted before, if you file quickly, you may avoid it ever going to an NTA

 

6 hours ago, Rosa Garcia said:

and even if I want to leave the country before the court date I read that I can't? 

Incorrect. There are steps you must take - having a valid stamp being the main one - but you can. You remain a permanent resident. 

 

6 hours ago, Rosa Garcia said:

 I think these days the date for the court hearing may be set in few months or years?

An NTA would probably be years at this point, if at all. 

 

6 hours ago, Rosa Garcia said:

 I prefer to leave by myself than to be deported.

You would be able to.

 

You are getting way, way, way ahead of yourself. 

Focus on the immediate problem. 

 

3 hours ago, Rosa Garcia said:

I consulted the attorney and he said I will receive NTA soon for 100% that's why I'm scared. 

and 73.43% of statistics are made up on the spot. 

Your attorney (and if it is the same one as before, god help you) does not know that at all. 

Not all attorneys are created equal.

 

3 hours ago, Rosa Garcia said:

 The USCIS also said that I can defend myself ' in front of an immigration judge'.

 

Yes. As a permanent resident you have rights enshrined in law. That is one of them. An immigration judge is the ONLY person who can terminate permanent residence.

 

3 hours ago, Rosa Garcia said:

 

Do you know if I receive NTA can I leave or will have to wait years for judge to grant me voluntary departure? 

 

What the hell does that have to do with anything? You can leave at any time and file an I-407 to relinquish your permanent residence. 

An NTA is a:

Notice

To 

Appear.

 

It is a notification of a court date. That's it. You are entitled to due process, a hearing, and various other laws. 

 

3 hours ago, Rosa Garcia said:

I don't want to be charged with fraud 

 

Without posting up your denial letter as we have repeatedly questioned we have no idea what it actually says, but it appears you have been denied because they suspect you of fraud.

It is an accusation and you can have the opportunity to defend it in court if neccessary. Remember an accusation is just that. 

 

3 hours ago, Rosa Garcia said:

I'm innocent.

It's not what you know, it's what you can prove.

 

 

I won't be answering any more, unless you provide the answers to the questions previously asked and LISTEN to the advice you have previously been given here by myself (who has been through exactly what you are going through right now) and others.

 

 

 

 

Edited March 19, 2023 by mindthegap

[gabluc 171]

On 3/11/2023 at 3:08 AM, Rosa Garcia said:

Thank you! The lawyer just suck more and more money from me. When discussing denial I caught her on not knowing about I-290B and she also did not present me other options to take since the denial. She just told me I have to go back to my country because I'm illegal now. 

Get a new lawyer. Only a judge can tell you that.

[SalishSea 16,901]

15 hours ago, Rosa Garcia said:

I consulted the attorney and he said I will receive NTA soon for 100% that's why I'm scared. The USCIS also said that I can defend myself ' in front of an immigration judge'.

Do you know if I receive NTA can I leave or will have to wait years for judge to grant me voluntary departure? Maybe I should leave before going to court. I dont want to be charged with fraud I'm innocent.

You are getting great advice in this thread.  

 

You are free to leave the United States whenever you want.

[Family 3,551]

14 hours ago, Rosa Garcia said:

Do you know if I receive NTA can I leave or will have to wait years for judge to grant me voluntary departure? Maybe I should leave before going to court. I dont want to be charged with fraud I'm innocent

If you decide to leave the US , understood you cannot look back or come back. 
 

The attorney who said the NTA is imminent certainly gave you sound advice, inasmuch as he is assuming / preparing that USCIS will speedily deny the new waiver of Joint Filing because of the marriage fraud inadmissibility…much as they did in the attached case

‘But in that case ( unlike yours)  USCIS had solid proof from extensive investigations that his was a fraudulent marriage…

 

Don’t be embarrassed to share information here ..you are fighting for your life so toughen up a bit and get to it.
 

 

On November 3, 2014, the respondent filed a second Form I-751 with USCIS based upon this same marriage and sought to waive the joint petition requirement because, he argued, his marriage was entered into in “good faith” pursuant to section 216(c)(4)(B) of the INA, 8 U.S.C. § 1186a(c)(4)(B). 8 C.F.R. §§ 216.5(a)(1)(ii), 1216.5(a)(1)(ii) (2021). On July 12, 2016, after finding the respondent’s marriage was not entered into in good faith, USCIS denied his request to waive the joint filing requirement and his second petition, terminating the respondent’s conditional permanent residence under section 216.

The respondent was placed in removal proceedings and conceded he was removable as charged under section 237(a)(1)(D)(i) of the INA, 8 U.S.C. § 1227(a)(1)(D)(i), for being a conditional permanent resident whose status has been terminated.

 

[SalishSea 16,901]

4 minutes ago, Family said:

But in that case ( unlike yours)  USCIS had solid proof from extensive investigations that his was a fraudulent marriage…

No one here can know what type of proof/evidence USCIS has about any particular case, let alone for OP's, since she has not responded to any questions about it.

[Family 3,551]

12 hours ago, mindthegap said:

I won't be answering any more, unless you provide the answers to the questions previously asked and LISTEN to the advice you have previously been given here by myself (who has been through exactly what you are going through right now) and others.

I can only guess OP may be shy/ embarrassed by any personal details in the denial and is reluctant to blast it on such a very public form ..

 

[Family 3,551]

42 minutes ago, Family said:

much as they did in the attached case

Asking help from anyone : I posted an excerpt from a BIA appeal and when I attempted to copy paste link..an odd first page image popped up instead. ( am a boomer , I confess)

Could you post an easy to click link to that case as it is actually 10 pages and she may want to read it through. Thank you 

[Rosa Garcia 59]

The family court judge stated in divorce decree that I married for a green card and I didn't cohabitate with my ex. I attached plenty of pictures, join stuff, testified that I married for good reasons...my ex got vindictive as he lost my financial support. He used me in any way possible..I was falsely incriminated. There's no material evidence that I committed a fraud except my ex lies. He sufferes from schizophrenia and is a real psycho. Made up stuff in the court to deport me.

[Rosa Garcia 59]

59 minutes ago, Jorgedig said:

You are getting great advice in this thread.  

 

You are free to leave the United States whenever you want.

If I get NTA and leave before master hearing, should I let USCIS know? I don't want to have any problems. Do I need to file for voluntary leaving, if I do how long I need to wait for permission?

[Family 3,551]

32 minutes ago, Rosa Garcia said:

I get NTA and leave before master hearing, should I let USCIS know? I don't want to have any problems. Do I need to file for voluntary leaving, if I do how long I need to wait for permission

If you get NTA and a Master Calendar is scheduled and you don’t show up, there will be an Order of Removal entered. USCIS is out of the picture..so to speak.

 

A request for Voluntary Departure can be made at the first MC..and Judge has to see if you qualify and if he will grant. ..there are issues to be dealt in order to get VD….with such as admitting to the charges of removability ( basically saying Yes , I committed marriage fraud ..so think about it ) 

 

You ask the Judge and wait for his decision…he can issue VD Order same day as MC or after.

 

How on earth did your ex manage to get an annulment based on fraud instead of a proper divorce? 
Did you have your own attorney? 
 

From what date to whatever did you live with ex in his home ?

info on asking for VD 

https://firrp.org/wp-content/uploads/2010/12/Voluntary-Departure-Guide-2013.pdf

 

Edited March 20, 2023 by Family