Jamesguamsi

You might want to start a new thread and ask member to PM you. Not sure word of mouth lawyer referral is allowed on this forum. You can also do search based on your region, read the reviews, prepare for an initial consultation to see if they know their stuff.

I came up with a list of consultations a few months ago because I was seriously freaking out about my own case. I live in Boston so they are probably not applicable to you. I eventually heard some good news in September so I am holding off contacting them.

Try key words "I-751 denial remarry" and combination of key words for your own research...

There is a case online from a law firm website that someone's I-751 was denied, a lawyer filed new I-130/485 based on new married and got messed up, this lawyer fixed it by resurrecting the old I-751 rather than new AOS. I cannot find it right now though.

You know we are mostly not experts and opinions are only for reference only.

However be a bit cautious about lawyers who seem too willing to take you to the immigration judge route too quickly. It cost more and could be against client interest.

Good luck!

Thank you, this was very helpful

You have come here for advice but mostly you get opinions or perspectives of people who may or may not be right and they do not know much about your case beyond what they interpret your case to be based on some of what you have shared. it may further complicate or confuse you. better talk to a good immigration attorney while researching via google about similar cases and educating your self in this matter. a lawyer sure knows the laws and facts related your complex case. most people here are dealing with their own straight forward cases which they have experience with. A good immigration attorney & your own solid research will help you. We dont know the full picture of your story. i certain cannot judge you without understanding fully your case. Good luck! hope you resolve this quickly and lawfully. do update us

Thank you, please do you know any competent lawyer I could contact?

Let's make one thing very clear that a lot of people here don't seem to understand. If ROC takes over a year, his PR status does not lapse. He remains a (conditional) permanent resident until a decision is made on his case. Period, full stop. What he doesn't have is proof of status, which he could get as a 551 stamp at any time while his petition is still pending. Stop spreading this misinformation, this is dangerous.

Also, OP does not need to quit his job until the case is officially denied, either by appearing in front of a judge and having that determined, or by not appearing and having the case denied (and probably being put in deportation proceedings). So stop saying that.

As far as the rest of the story, this is a gray area and you should have a good lawyer on your side. There are no certain paths here, and it would be much better if you provided enough evidence that your first marriage was bonafide, but you should appear in front of the judge and argue your case. With your lawyer.

Thank you, this was very helpful, all the lawyers I consulted advised me to submit an I-130 and I-485 application with my new spouse.

^Have you been working illegally since September 2015 (when your legal status most probably lapsed)?

No, I gave my job 2 weeks notice September 1st. Why?

Look at your timeline from our point of view.

June 2014 you filed for ROC. This means the lastest your GC would have expired was September 2014 and the latest the 1-yr extension letter would have expired was September 2015.

In July 2015, you filed for divorce. At that point you were entitled to :

a. Wait out the process for approval before September 2015 at the latest

b. Wait but be picked for an interview at which point you could have switched to a divorce waiver

b. Contact USCIS immediately on your own and switch to a divorce waiver

When September 2015 rolled around and your ROC still had not been processed, you did nothing about it. With the conditions of your permanent residency not lifted, you were out of status. You never informed USCIS of the divorce even after you were outside of the normal processing time. This makes it seem like you were trying to hide the fact that the marriage upon which the ROC was based had dissolved.

In November 2015, a mere 4 months after filing for divorce you were already married. Still not hearing any news about your ROC, you did nothing.

In March 2016, you received a NOID. Did you contact a lawyer? USCIS? Nope!

In August 2016, you received the denial (for whatever reason) they said would follow. What have you done? You came to VJ letting us know you were ready to file a new application, you want to avoid facing an immigration judge, and you want to know your chances of success at both of the aforementioned.

What we are saying is that you will not be successful. You are deportable. This is no longer a DIY case for you. Seek counsel.

I called the 1800 number to notify USCIS about my divorce and spoke to an agent who advised me to wait until I was invited for an interview to ask the Immigration officer to treat my case as a waiver which I did. I was finally interviewed in feb 2016(my application was treated as a waiver) then i received the NOID in March.

I contacted another lawyer who gave me 2 options

1) Respond to the NOID, there is a 25% chance of approval, if it gets approved great, if not immigration judge

Note: it will take 3-6 before you get a response from USCIS and if it's denied it might take up to a year before you appear before an Immigration judge because they are backed up.

2) Don't respond to the NOID within 30 days it will be denied or if you hire my services I would go to USCIS and ask for your case to denied (that will be very easy for USCIS to do) so you could move to Immigration proceedings (faster approach). Then file an I-130 application with your new spouse. My wife wanted me to take this approach but I refused because my first marriage was bonafide, I had nothing to hide, so I thought respond to the NOID was my best choice.

Final Solution in the case of denial: when you appear before an Immigration judge ask for your denied I-751 application to be reprimanded to USCIS and since you are remarried, ask that USCIS should go ahead and process your new I-485 application.

NOTE: Your I-130 application would have been approved before you appear before an Immigration judge.

I advise that you act quickly because you may have more options before NTA arrives (to resurrect the case some how). Make sure you find a good lawyer who knows what they are doing and is not t take advantage of your precarious situation. There are some users who also fixed their own I-751 denials on the forum (I remember reading the I-751 saga of a user whose name is nananto. Look these up to help yourself...

That's what I need, a good lawyer because the one I contacted after my divorce said it was ok for remarry if I wanted to. Looking back, that was a bad idea.

I know right, for more than a year, I wasn't invited for an interview for my I-751 application (application to remove conditions on green card)

woah so this happened last month and you are already married to someone else??????

i think their is defintely something very very wrong here and you arent telling us the entire story. i also think that the officers are trained and know what they are doing when they gave you the NOID.

I submitted my I-751 application in June 2014, I got divorced in July 2015 and remarried in November 2015, I received the NOID March 2016 and denial August 2016.

i agree here! i think the fact that you obviously got a denial and left and did not follow through shows that you had problems with your marriage and knew you could not show it was real.

I haven't left the country since I received the denial, this happened last month. Am hoping they send the NTA but they haven't.

If you have treated all request like you are trying to avoid the judge....you are making things worse not better.

And quickly marrying another USC makes it even worse.

Am not trying to avoid a judge, the sooner I see a judge, the better for me

you got a NOID denial for your first visa and you never responded? basically, you are deportable and i am surprised you are still here! you are in a huge situation and you need to fix the first one, bc they think you commited MARRIAGE FRAUD. you need to fix that before you continue with a second. and the fact you are continuing with a second so quick may not help your cause. i am not sure what happened and i am assuming since you have left they have no address for you? you have technically been out of status during this time and working unauthorized. you need a great lawyer to fix your problem that should have been fixed before.. why did you keep living here without fixing it? did you think you were committing visa fraud? did you enter the marriage not in good faith? it just sounds like you knew you never got approved and tried to 'fly under the radar'. also, coming on an F1 and getting married is very suspicious. You have a big immigration dilemma.

I meant I initially came to the states on an F1 visa, I also responded to the NOID and it was denied, I never received an NTA from USCIS. This I-751 application got denied just last month

Am frustrated because I feel like no matter what I do in respect to the I-751 application it will still get denied, not because my marriage was not bonafide

My marriage was bonafide and I had prove (joint lease, joint accounts, joint insurance) I believe their major concern was the fact that I moved from Philadelphia to North Carolina and that was because I got a new my job not to mention the fact that I was out of work for 5 months before I got the job in North Carolina. One of the things they mentioned in the NOID they sent to me was the fact that my bank statement showed withdrawals in Philadelphia and North Carolina which proves that we were no longer together, Instead of prove that we were still together.

Thanks for your response, I came in with an F1 visa, I just completed my undergraduate degree when I met my spouse at work

To be sincere, I feel like purshuing the I-751 at this time will be a lost cause.

Yes, it was denied because I didn't have enough evidence that my marriage was bonafide. Which brings me to my question, what are my chances of my I-485 getting approved without appearing before an Immigration judge for my denied I-751 application

Yes, I presented my divorce decree to the investigator when I went for my I-751 interview

Yes, my application was treated as a waiver

Hi Harpa, how do you fix the old one?

Long story cut short. I got married June 2012, got my conditionAL green card Nov 2012 got a new job and had to relocate to North Carolina in April 2014. Wifey did not relocate with me due to her extended family in Philadelphia, we later got a divorce in August 2015 due to the distance

I got divorced to my spouse a year after I filed my I-751(application to remove conditions on green card) which was later denied by USCIS however USCIS never sent me an NTA. Now am remarried and about to file a new I-485 and I-130. What are my chances of my I-485 getting approved without me appearing before an Immigration judge for my denied I-751 application.

If I understand your story correctly, you have been married for almost 6 years and you've had your 10 years green card for 2 years, that means you are over due for Citizenship.

I share your views Ebunoluwa, this was un-necessary, waste of time and resources.

Great news, congratulations

Thanks for your responses, you guys are the best. My case has been pending for 2 years so I created a UCSC Service request, I received a mail yesterday indicating that my application was still pending and will receive a decision from USCIS within 120 days.

USCIS is committed to adjudicating immigration application in a timely manner, effectively and in the order it was recieved. We hope this information was helpful. My question is my case has been pending for 2 years already how much longer does it need to take?