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

[Rosa Garcia 59]

7 minutes ago, Family said:

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

 

Thank you for your reply. I did have an attorney, my ex had a better one. 

I read master hearing can be set up in few months if not years...I don't want to wait such a long time. Can I just leave before, with I-407 form or they will detain me at the airport? I'm worried that I won't be able to find a job in another country od any employer checks my record.

[Family 3,551]

Just so you are aware , your ex is still responsible 

support you because he signed the I-864 …..so if you decide to stay in the US while the immigration court takes their time …you just need to find an attorney ..) 

[Family 3,551]

11 minutes ago, Rosa Garcia said:

Thank you for your reply. I did have an attorney, my ex had a better one. 

I read master hearing can be set up in few months if not years...I don't want to wait such a long time. Can I just leave before, with I-407 form or they will detain me at the airport? I'm worried that I won't be able to find a job in another country od any employer checks my record

If you leave before NTA , then you can send USCIS a letter and copy of I-407 and letting them know you’ve gone.  
Yes Court schedule marches to its own beat, so no way to narrow those guesses
 

 

[powerpuff 5,979]

4 hours ago, Family said:

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 

https://www.justice.gov/eoir/page/file/1541106/download
 

[Allaboutwaiting 2,500]

11 hours ago, Family said:

Just so you are aware , your ex is still responsible 

support you because he signed the I-864 …..so if you decide to stay in the US while the immigration court takes their time …you just need to find an attorney ..) 

As a note on that matter: USCIS is not responsible of the enforcement of the affidavit of support unless she gets public benefits. It was the family court's job to determine alimony.

 

Now, if it was an annulment rather than a divorce, it will be difficult and extremely costly to get a thing from the sponsor. By the time they finish he would be off the hook anyway. 

[Rosa Garcia 59]

On 3/19/2023 at 9:09 AM, 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.  

Thank you. I filed a new I-751 and got a message with the case number. In two weeks I have a stamp appointment in field office. I enrolled in therapy and take medication to sleep better. I am still worried about NTA. Is there anyone here who received it right after 33 days from receiving a denial? 

[Rosa Garcia 59]

Hi! I would like to personally thank you all for your excellent guidance. 

I was accused of marriage fraud. The family court judge stated that I married for a green card and that's not true, so USCIS just ignored my bona fide join evidence and agreed with the family court judge.

I met a lawyer for a consultation yesterday and $250 later I found out to pack my bags and leave... he said that even if I file another i751 it will be denied. I did file another one, and still thinking of leaving before receiving NTA . I'm scared of their new policy as I read that they are prioritizing cases with fraud and even if I filed another new I-751 they may still send me NTA. Maybe you few of you, including @mindthegap didn't receive it because your denial reason was different or maybe because they are super backlogged. In the decision letter Uscis stated that I had 33 days to file motion to reopen or reconsider but i didn't do that. So now I dont know if they are going to wait with NTA until they adjudicate my pending i-360 and i751, I know they will be denied but I think I'm not interested in living in limbo, and wait few years for a master and individual hearings. I'm from Miami and the immigration court is the most backlogged in the country. I think I will leave in few weeks and if I don't receive NTA, I can leave just by abandoning my legal status. If I receive NTA I think I still will be leaving but that means the judge will rule in my absentia, put a fraud on my record and ban me for 10 years from entering USA. I'm not planning on coming back but of course I never know. How about if I find a job with an american employer...that will be a big problem. I'm praying that everything will be ok. I will keep you all posted. 

[A110 80]

20 minutes ago, Rosa Garcia said:

Hi! I would like to personally thank you all for your excellent guidance. 

I was accused of marriage fraud. The family court judge stated that I married for a green card and that's not true, so USCIS just ignored my bona fide join evidence and agreed with the family court judge.

I met a lawyer for a consultation yesterday and $250 later I found out to pack my bags and leave... he said that even if I file another i751 it will be denied. I did file another one, and still thinking of leaving before receiving NTA . I'm scared of their new policy as I read that they are prioritizing cases with fraud and even if I filed another new I-751 they may still send me NTA. Maybe you few of you, including @mindthegap didn't receive it because your denial reason was different or maybe because they are super backlogged. In the decision letter Uscis stated that I had 33 days to file motion to reopen or reconsider but i didn't do that. So now I dont know if they are going to wait with NTA until they adjudicate my pending i-360 and i751, I know they will be denied but I think I'm not interested in living in limbo, and wait few years for a master and individual hearings. I'm from Miami and the immigration court is the most backlogged in the country. I think I will leave in few weeks and if I don't receive NTA, I can leave just by abandoning my legal status. If I receive NTA I think I still will be leaving but that means the judge will rule in my absentia, put a fraud on my record and ban me for 10 years from entering USA. I'm not planning on coming back but of course I never know. How about if I find a job with an american employer...that will be a big problem. I'm praying that everything will be ok. I will keep you all posted. 

Most family judges and divorce lawyers don't know the immigration process nor care about it. If you are not trolling this forum (at this point it seems that way) you have said something very very very very stupid to the judge to be noteworthy on your case. I know a few people who got their divorce due to having an affair but got their I751's still approved because their actual marriages were bona fide. So either there is something very very wrong with your case and you did something super stupid or you are just having a laugh at our expense. 

At this point I don't care either way and refuse to engage with your posts. 

Best of luck

[Rosa Garcia 59]

3 hours ago, A110 said:

Most family judges and divorce lawyers don't know the immigration process nor care about it. If you are not trolling this forum (at this point it seems that way) you have said something very very very very stupid to the judge to be noteworthy on your case. I know a few people who got their divorce due to having an affair but got their I751's still approved because their actual marriages were bona fide. So either there is something very very wrong with your case and you did something super stupid or you are just having a laugh at our expense. 

At this point I don't care either way and refuse to engage with your posts. 

Best of luck

I'm not trolling this forum. I'm sorry you feel this way. I do express my feelings and fears openly and it seems like it bothers you. Yes, everything is wrong about my case, and I am not having any laugh but rather cry. Nobody is telling you to engage with my post.

[Boiler 43,736]

On 3/20/2023 at 12:51 AM, Rosa Garcia said:

Can I just leave before, with I-407 form or they will detain me at the airport? I'm worried that I won't be able to find a job in another country od any employer checks my record.

US does not have exit checks so yes you can leave.

 

Not sure how your presence in the US will impact future job opportunities

[Rosa Garcia 59]

8 minutes ago, Boiler said:

US does not have exit checks so yes you can leave.

 

Not sure how your presence in the US will impact future job opportunities

I understand. Thank you. I'm afraid if I find a job in my coutry and work for an american employer, they can check my record or something. I'm not sure how that works. 

Do you know if I receive NTA and leave before master hearing will the judge still rule in my absence even if I call Uscis that I left?

Edited March 22, 2023 by Rosa Garcia
Add things

[zckal 1]

Hi Rosa, how is the issue going right now? Were you able to resolve it?

[Rosa Garcia 59]

On 4/12/2023 at 1:51 PM, zckal said:

Hi Rosa, how is the issue going right now? Were you able to resolve it?

Hi so far no NTA, submitted another I-751, got a receipt and stamp in my passport for one year. I-360 is still pending.

[tutu1234 0]

On 3/9/2023 at 12:26 PM, mindthegap said:

An I-290B is unlikely to do much other than waste money. It heeds you to file a new I-751 as soon as possible while it is in the 'hold' period (30 or 45 days). If you file quickly, it may avoid an NTA later down the line. 

 

Hello! I am just curious about it, isn't the NTA coming on the way is associating with the denial i751case? since the old i751 is already denied, the NTA should come at some point, even thought the new i751 is accepted and get a new extension letter?

 

[cocoVA 60]

@Rosa Garcia

 

anything new about your case since your last post in april?