Koke Sisman

@mindthegap

I decided to refile by myself as you did. I’ll have almost same evidences plus her moms affidavit, our roommates affidavit, and my ex wife’s affidavit. 

Should the application be based on the declined one, be more like a reply to the reasons they declined me for, showing them they did wrong? Or like a brand new application with %90 same evidences plus new ones? 

Asking because it’s a refile, not an appeal.

As example one of the reasons was that one neighbors didn’t recognize me on the home visit and I will have an affidavit from our roommate stating that I was living in the house with my ex wife.

one more question I have:

What happens if I refile, get the stamp based on refile and left. While I’m out of the country I got a the NTA. Would the NTA make my stamp based on refile invalid?

@FamilyI saw the waiver option in the form. I also read you previous post. Medical hardship must be hard to prove right? Would really appreviate if you could walk me through that options

On 2/24/2024 at 11:12 AM, OldUser said:

Where were you when the site visit occured? Did you live there? What about the spouse? Did they talk to your spouse?

no they didn’t non of us were there, we didn’t lived there at that point. And the homeowner said she was living there but not me also that my name is not on the lease. He never liked me. @OldUser 

On 2/24/2024 at 11:48 AM, Family said:

Your refile will be denied if based on same basis that failed on the first ( waiver of joint based on marriage ). They have you flagged for fraud marriage . 
 

Given your resources, our healthcare system, it is unusual not to set up insurance coverage and manage surgeries and care in the US. 
When faced with marriage fraud determination, am quite sure the attorney knowing the chronic and extraordinary nature of your health conditions would have advised you to switch care to the US and go for a Hardship to self Waiver ….

 

If all you want is a clean break with the US , then you must defend yourself in immigration court…just to clear the record of marriage fraud. …not sure if govt would entertain a pre trial VD voluntarily departure but can’t know without NTA
Unless you do that….you won’t be coming and going at anytime in the future…on any visa

You mean refile will be denied right away before I got any notice and extension letter like they won’t accept the application  or at the end of the process? @Family

@Family

i mean my doctors are back in Turkey and filing for extreme hardship with the reason that i need to travel to Turkey because of my medical condition they would just think your doctors are back in Turkey you can leave and you don’t need to come back because my health is the extreme hardship, no?

@Family you’re saying if I would just leave without any refile or appeal, they will never let me back in in with a German passport? How about I let the  court or USCIS know with a letter that I’m leaving because they denied my case and I don’t wanna have any deportation in my record? It doesn’t say fraud in my denial but they said it’s not determined bona fide

48 minutes ago, zeusgt said:

Anything could help. Do you have a relationship with your ex-wife where you could ask her to write a sworn affidavit about the validity of your marriage? Like the comment above has mentioned, at this stage anything goes. What evidence did you provide with your first application?

Yes I do. She would do that. She wrote a letter before but it wasn’t a sworn one. Other than that I submitted tons of things but they made a site visit and I wasn’t there and the neigbor they asked didn’t recognize me. I provided even flight tickets hotel bookings photos with family joint accounts but the site visit made it 

Yes, that’s the reason why they denied the application I have already provided all the evidences I have. I spoke to a few attorneys and they also think the chances are low to turn it on the court if I don’t have more evidence

@OldUser

Regarding Buying time: I don’t have much faith that end the of this process I’ll be fine. But I have a life here for 8 years. I need some time to settle everything here and to make the transition for my next destination in life. 
 

regarding fraud: I don’t think I’m doing fraud here. I will at the end of this process appear at the court, but I need to be latest November in Turkey for a surgery. And in order to defend myself in court even if there is a little chance I still need to be able to enter the country. If a refile makes me eligible for that, why not?

I also doubt if I should really appear in court because if I appear most likely they will deport me. Maybe leaving after I settle everything here which should take about 1-2 years I might leave on my own will so I don’t have a deportation in my record. Maybe a few years later I wanna travel to the US for a vacation on a Esta or B1/B2 with my future family

I just met another attorney today. He said he also won’t refile for I751 since he thinkfs that the application wouldn’t be approved because it needs to be done 3 months before the 1st greencard back from 2017 expires.

anyone knows an attorney who can help me and file it?

@mindthegap

@mindthegap

I just spoke to one of the hacking immigration attorney. They have reviewed my denial letter in detail. They said that my permanent residence status has been terminated in this letter meaning I would have no underlying basis (like the first 2 years green card) to got permission to travel even if I would refile I-751. If I would file and receive the I-797 notice permitting me travel for 48 months it says this "This extension and authorization for employment and and travel does not apply to you if your conditional residence status has been terminated"

"And in my denial letter it says this: In accordance with the provisions of INA section 216c2A, the permanent, residence status previously accorded you is nearby terminated as of August 16, 2019. All rights and privileges which you derived from that status, including the right to reside and work in the United States, are terminated concurrently"

So they won't help me out. I am very confused now because as far as I know on all denials they terminate the conditional residence status right?

@mindthegap

yeah sure I did I have missed that part.  Thank you for the infos. In that case I will need a stamp as you said because the 4 years are over. Hopefully I got the receipt within a few weeks and make sure I can travel.

So far as I understand the refiling I751 is kind of a loophole which allows you to delay the final court date further, makes it possible to travel sooner and gives you the opportunity to fight your case before the court. Doing that has only benefits and no disadvantages.

That’s great news Even if the NTA is issued I can still apply and USCIS has to accept it. Hacking immigration video said I can only refile if there is no NTA yet

@TeddyFazBear I don’t think so she wouldn’t do that. 

I went to my actually attorney today and he didn’t even knew that refiling is an option then he said I can still file even a notice to appear would be sent which is not true based on my research.

He also said that if I would refile, I will get a receipt within a short time which will also allow me to travel for 48 months. Is that right information?

Can I quickly refile the I751 and add more evidence to the file afterwards like in a week or so?

Either way I’m gonna move forward with another attorney.

How long does it usually take to get the NTA after denial? Just asking because I need to get all my documentation together to refile.

@mindthegap Thank you! You are really inspiring me to fight this. I also wish you best luck! Today I am gonna meet my attorney first time after the denial. I am also open to other attorney suggestions. I heard about Hacking Immigration Law Group. Do you have a good attorney who knows how to defend me instead of just doing paperwork!

Im gonna refile and apply for an emergency travel document. Hopefully that arrives on time so I can take care of my health and business!

I am not entitled to get a b1 b2 now but I was thinking if I leave the country on my own without deportation, later on I can apply for a tourist visa once my permanent residency is final and ended.

3 minutes ago, Crazy Cat said:

Good luck with your immigration case.  Be careful with that blood clot issue.  I'm not sure traveling is a good health decision. Good luck.

Thanks a lot. I got blood thinners everything is under control but soon I need a surgery back in Turkey

First of all I really appreciate the will to help! Here more details

After I filed for I751 in 2019, I received an RFE. I submitted them and then a long period of waiting has started. During COVID we got apart we filed for divorce. My attorney filed a waiver. Then I received an interview and I went to the interview with my attorney 2 months ago. The interview went great, but I am shocked with the denial letter from last Friday, but no NTA in it. The reason is that they think it's not bona fide marriage. I know that I can defend myself on the immigration court but I need to travel in the meanwhile due to my health condition. I got a spine surgery 2 years ago in Turkey and also have a blood cloth in my leg. For these reasons I have to a few times in a year to Turkey to see my doctors and I will need another surgery by latest November this year. I also have a setup business back in Europe which I need to manage

- I am traveling since 3 years with a passport stamp and was waiting for my 10 years. I think now my current stamp expiring Jan 2025  is invalid unless I refile for I751? Or will I need to obtain a new stamp or advance parole or an emergency travel document because I need a surgery. 

- It doesn't bother me not to be able to live in the US anymore but I still have my ongoing business and my life here. As long as I can re enter the country even with a tourist visa I would be fine.

- I honestly think that the immigration court won't approve me because I don't have more evidence then I have submitted. And I don't want to be deported. Rather than that I would leave the country before I get a deportation in my records. 

- I will setup my new life back in Europe, but I would need maybe a year or two to make the transition, shutting down the US part of my business step by step. It all takes time and I will need to go back and forth to Europe to do all these. I am also ready to obtain a E1/E2 visa but you guys said its very unlikely to get approved for these under these circumstances

Appreciate your helps!

I applied with an attorney it’s been denied. I’m looking to buy some time. I will definitely re apply but I’m just curious how I could travel again and how long it would take to get travel stamp or document 

Hi,

Last Friday I received a denial letter from the USCIS on my I751 application. Notice to appear not arrived but in the letter says that I can defend my self in removal proceedings.

If I would refile before I got a notice to appear, how soon will I be able to travel outside of the US and what would I need for it? Advance Parole or Stamp? I still have the a travel stamp valid till Jan 2025 from the denied case. Will the refiled I751 attached to the previous one so my stamp is valid? Or do I have to get another stamp and how long does that usually take?

Also can I apply for a E1/E2 or B1/B2 visa if my refile got denied as well?

Thanks!!