sun2015

What you mean by "paroled in to see the an immigration judge"?  I heard the term but considering complexities of the US immigration law what is the real meaning behind it?  Jail until the court date? Or just a paper with the court date and they will let me in.

I already received RFE last year and replied within time with all requested documentation.  Looking at your case " 'I-751 petition was not properly filed'. " you might be one of selected few that received straight denial without NOID. I believe normal process if all documentation is filed correctly is RFE -> APPROVAL or NOID -> DENIAL or APPROVAL.

My question is still valid - what CBP will see in their system at the port of entry if there is NOID issued?  Are they going to interpret NOID as denial or they will see I751 still pending as NOID is not an official USCIS statement about status. They still give 30 days to rebut any evidence.

1 hour ago, mindthegap said:

Have you received a denial letter or is this just a speculative ‘what if’ post?

Correct me if I'm wrong, but NOID is not a denial letter.  It is an intent to deny with 33 days to gather together any missing documentation and reply...  THEN they issue denial OR approval.

Hi,

If the NOID has been issued for I751 waiver (divorce) while travelling abroad, will I have any problems with re-entering US while having valid I-551 stamp in the passport and all other documents.  I believe you still have 30 days to reply to NOID, right?

Apply for the waiver first, and if that fails have your employer sponsor you. Others may have a different opinion, but that's what I would do.

But if I get denied with the waiver, it will take at least few months for my employer to get job PERM and sponsor me during which I can be removed from the country (I will be out of status). I really don't want to lose this job and go back to my home country to wait for this process.

Maybe it would be better to let the employer start the PERM certification now, and then when/if my waiver will be denied, to automatically apply for my green card and adjustment of status at the same time the following day. Is this possible?

Of course I'm painting here the worst of the worst scenario, but after reading about all the stories online, I'm really panicking.

So the bottom line is - can my employer start the PERM certification now when I'm on a conditional marriage based green card?

Hi everybody,

This website is really a great resource, but I couldn't find answer to my question. Maybe someone will be able to give me some advice.

I got a conditional marriage based GC, but my marriage is literally falling apart (we are still married though). I know that I can apply for a waiver after a divorce decree, but I'm really afraid that I will get denied. (although the marriage was real at the time of inception, we don't have too many joint things together, I was also not saving bills or movie theater tickets etc. because at the time I was sure the marriage will survive).

On the other hand I have a good job here and the employer is willing to sponsor my green card through employment (EB-2 category). Can my employer start the GC process for me? Is it possible to change green card from marriage based to employment based?

I don't really want to lose in this. I have literally nothing in my home country and have lived here already for 2 years and see my future in the United States. It's very possible they will accept my waiver, but I would like to seek all possible ways just to be on the "safe side" especially when my employer is more than willing to help me with getting a permament green card.