sonny21

I have infopass appointment for this Friday and I hope I get some solid answer from Immigration Officer.

Hi there, I had my lawyers appointment on last thursday and at that point he said he will do some more research and find out what to do next. Well, he called me today and told me that since my I 751 has been declined I am out of status as of now and I WOULD HAVE TO FILE I485 AGAIN ???

I dont get that at all. How is that even possible that I refile the I 485 again, and if I do that than what will be my status for Citizenship ? Will I still be able to file it at the end of my 3rd year (which is end of this year) or this all starts again ?

I am so confuse right now that I have no idea what to do.

Thanks everyone for your inputs and help. As some people are telling me to contact lawyer, well I did that and as I said before that I am going to see him on this Thursday. Also, I am sure everyone or most people on this forum has lawyer but they come here seeking more help for time being and ask for other members personal inputs from their own experience in the past.

If everyone to contact the lawyers, which most of them do I guess then you tell them not to come here and ask other people suggestions and personal experience to get help because lawyer is helping you any ways ?

I though main purpose for everyone to be here on this forum is to learn from each others experience and help each other in their problems and share their joy once they come out from their Immigration problems.

Thanks any ways to the people who pointed that, since I have paid to lawyer and I should only ask them not here on the forum.

Hi there, my case is getting more and more complicated than I had thought of.

Let me start from beginning. I got my 2 years conditional green card on Feb 27th 2009.

On January 20th 2011, I filed for I751 with WAIVER. My wife was not ready to sign due to some misunderstanding. So, we filed for divorce and I filed I 751 with waiver. I got my receipt on 1st week of Feb. from USCIS. In March I got my biometrics appointment, which went fine.

In May I got later for interview on June 14th. Between January when I filed for I 751 and interview everything became fine with I and my wife and we got back together and decided to file jointly. So we withdrew our divorce application from court and went to interview together on June 14th. Interview went fin and we explained the interviewer what happened and what not. Impression I got from interview was that it should be good to go.

On June 27th I got letter saying that since we are not getting divorce any more, I need to refile I 751 with my wife signature on it and submit all the proof again with it. They gave me 30 days to refile the I 751 again.

On July 14th, I did that and sent all the proof again with new I 751. THE only mistake my lawyer did is that he told me not to send new check for USCIS fee, since I paid once in the past. SO being stupid I filed for I 751 with all the signs and proofs but did not send the check for immigration fees.

Now today, August 29th I got letter saying that my application has been denied because "not filling the I 751 properly".

This is what exactly it says on it. Its a plain white paper date August 25th.

"service record indicate that you obtained your conditional permanent residence status based on you marriage to (my wife name). You filed form I 751 seeking to remove the conditions on your residency based on a waiver of having a good faith marriage which was terminated through divorce. After the filling of the I 751 petition you advised the service that you and your spouse ceased your divorce proceeding and wished to continue with filling the petition jointly. In order to submit your joint petition, you must file it according to the instruction relating to such filling. On july 14th 2011, you submitted a joint I 751 petition signed by you and you wife. However, this petition is improperly filed and must be filed according to its instructions."

"Your I 751 petition filed on January 20th 2011 is hereby denied"

I dont know what is my next step. I contacted lawyer and have an appointment on Thursday, but I am getting nervous now. Do I wait for USCIS to contact me again with removal proceeding or refile I 751 with USCIS fees.

Any help on this would be helpful. Thanks

I see... "Last week, I got letter for final Divorce decree." I took this to mean that you got a final divorce decree from the court! However you meant you received an RFE requesting you to provide the final decree.

Do not call USCIS (they hold no responsibility for anything they say), make an infopass and talk to an Immigration officer, immediately. Time is of essence. You should really talk to USCIS officer and a lawyer and I would trust advice of USCIS officer more (lawyers come in all qualities).

You may be able to substitute your waiver I-751 with joint I-751.

No I did not get divorce. I only filed for it but I never got divorced. Legally, We are still married.

ok, I understand both of your points but than again I do not have any other option. As asked in RFP, I will not have final divorce decree cuz we already withdrew the application from court.

So, otherthan re filling I do not have any othet option. Or I will get appear in front of Judge letter and would have to explain my situation than.

yes, I did receive RFP asking divorce decree but as I said we have withdrew the divorce appliction already and not going further towards divorce any more.

So what are my option here as I will not have any divorce decree asked in RFP.

And why would it create hovac or trouble since we decided not to go with divorce any more and want to go with filing together.

I read many people here change from joint to divorce by re filing I 751 during there procedure going on, than why can not I change my procedure from divorce to joint by re filing i 751 together again and why should it create any problem is beyond me.

I have lawyers appointment this week and lets see what he says. Meanwhile if any one has any idea than let me no.

Thanks everyone

we have also stopped all the procedure for divorce and withdrew the divorce application. again, all we did is file for divorce but never even went to court for hearing or nothing like that.

So am I right on re filing or no ?

no we are not divorced yet. we only did intial filing fir d sake of papers.. but we never got divorced. So I think we can re file together explaining that we have stopped the divorce procedure n now living together again with all the proof.

Hi everyone, First of all I want to say that everyone here is very helpful and thanks for helping people like me.

My story is something like following.

I got my 2 years conditional green card on January 27th, 2009. During these two years My wife and I got along good but last 3 months were little on the bad side and she refused to sign I 751 together. We filed for Divorce but still tried to work it out. During that time I filled my I751 alone on the base of Divorce. I received my one year extension. Last week, I got letter for final Divorce decree. During this time I and my wife got back together and we solved our differences. Now she is ready to sign I 751 together.

My question is can I re-apply I 751 together or is too late for that ?

If I do than what happens to my old application asking me for final Divorce Decree ?

Any help would be helpful. Thanks you everyone.