N400 Denied, Based on Prior I-751 Divorce

[veeboo323 0]

Got married to US Citizen in April 02.

Got temp green crad on Sep 02.

Filed I-751 jointly in July 04.

Filed for no fault divorce in Sep 04.

Got divorced in Nov 04.

I-751 approved in July 05. So,

No children. No property settlement or alimony agreement. I have no clue about the whereabouts of my ex wife. Its been over 5 years.

I was under the impression that everything is fine. I got my 10 year green card. We were married for 2.5 years. It was a legit marriage. Had all proof in I-751 application. We lived together for 3 years (6 months prior to marriage moved in together).

Now, after 6 years, I filed N400. It got denied. They said, that I was given green card in an error. Because we were divorced before I-751 was approved. They sent me a form to appeal for N400. My question is, if I appeal, most probably it will be denied too. Should I file I-751 waiver now separately? I am confused. My attorney says, file I-751 waiver and appeal for N400 also at the same time to buy some time, while I-751 is in process. Is that the right thing to do? I don't seem to have too many choices. Need some guidance. If I were to file I-751 waiver, what kind of documents should I include to support the marriage?

Edited May 4, 2010 by veeboo323

[VanessaTony 3,567]

Got married to US Citizen in April 02.

Got temp green crad on Nov 02.

Filed I-751 jointly in Sep 04.

Got divorced in Nov 04.

I-750 approved in July 05. So,

I was under the impression that everything is fine. I got my 10 year green card. We were married for 2.5 years. It was a legit marriage. Had all proof in I-751 application. We lived together for 3 years (6 months prior to married moved in together).

Now, after 6 years, I filed N400. It got denied. They said, that I was given green card in an error. Because we were divorced before I-751 was approved. They sent me a form to appeal for N400. My question is, if I appeal, most probably it will be denied too. Should I file I-751 waiver now separately? I am confused. My attorney says, file I-751 waiver and appeal for N400 also at the same time to buy some time, while I-751 is in process. Is that the right thing to do? I don't seem to have too many choices. Need some guidance.

The lawyer is correct. because you divorce happened AFTER you filed jointly but before you were approved you would have had to have re-filed anyway so you're not technically out any money (except this N400 thing). So i would do exactly what your lawyer says personally.

Good luck!

[mr2100 0]

Got married to US Citizen in April 02.

Got temp green crad on Sep 02.

Filed I-751 jointly in July 04.

Filed for no fault divorce in Sep 04.

Got divorced in Nov 04.

I-751 approved in July 05. So,

No children. No property settlement or alimony agreement. I have no clue about the whereabouts of my ex wife. Its been over 5 years.

I was under the impression that everything is fine. I got my 10 year green card. We were married for 2.5 years. It was a legit marriage. Had all proof in I-751 application. We lived together for 3 years (6 months prior to marriage moved in together).

Now, after 6 years, I filed N400. It got denied. They said, that I was given green card in an error. Because we were divorced before I-751 was approved. They sent me a form to appeal for N400. My question is, if I appeal, most probably it will be denied too. Should I file I-751 waiver now separately? I am confused. My attorney says, file I-751 waiver and appeal for N400 also at the same time to buy some time, while I-751 is in process. Is that the right thing to do? I don't seem to have too many choices. Need some guidance. If I were to file I-751 waiver, what kind of documents should I include to support the marriage?

Aslamo Alikum

Brother I am in same boat as yours. Contact with good Immigaration Attorney and do according to his advice, Allah app ko kamyab karay. maray leya be Duwa kerna.

Allah Hafiz

[TracyTN 237]

I think a lawyer would know better than we would. What he's suggesting sounds reasonable - I'd follow his lead.

[Brother Hesekiel 2,235]

The most important part of your story is missing.

So they denied your N-400. Sucks, but that's not the end of the world. What else? Do they want to pull your GC? What's actually happening?

[3600rs 24]

Got married to US Citizen in April 02.

Got temp green crad on Sep 02.

Filed I-751 jointly in July 04.

Filed for no fault divorce in Sep 04.

Got divorced in Nov 04.

I-751 approved in July 05. So,

No children. No property settlement or alimony agreement. I have no clue about the whereabouts of my ex wife. Its been over 5 years.

I was under the impression that everything is fine. I got my 10 year green card. We were married for 2.5 years. It was a legit marriage. Had all proof in I-751 application. We lived together for 3 years (6 months prior to marriage moved in together).

Now, after 6 years, I filed N400. It got denied. They said, that I was given green card in an error. Because we were divorced before I-751 was approved. They sent me a form to appeal for N400. My question is, if I appeal, most probably it will be denied too. Should I file I-751 waiver now separately? I am confused. My attorney says, file I-751 waiver and appeal for N400 also at the same time to buy some time, while I-751 is in process. Is that the right thing to do? I don't seem to have too many choices. Need some guidance. If I were to file I-751 waiver, what kind of documents should I include to support the marriage?

Very normal, so normal that this is a prototype the conditions were removed in error. Do not be surprised. Divorcing soon after you filed the joint 751 is a NO NO! Now file your 751 waiver with good faith evidence with help of a lawyer.

[Europeanboy 0]

Got married to US Citizen in April 02.

Got temp green crad on Sep 02.

Filed I-751 jointly in July 04.

Filed for no fault divorce in Sep 04.

Got divorced in Nov 04.

I-751 approved in July 05. So,

No children. No property settlement or alimony agreement. I have no clue about the whereabouts of my ex wife. Its been over 5 years.

I was under the impression that everything is fine. I got my 10 year green card. We were married for 2.5 years. It was a legit marriage. Had all proof in I-751 application. We lived together for 3 years (6 months prior to marriage moved in together).

Now, after 6 years, I filed N400. It got denied. They said, that I was given green card in an error. Because we were divorced before I-751 was approved. They sent me a form to appeal for N400. My question is, if I appeal, most probably it will be denied too. Should I file I-751 waiver now separately? I am confused. My attorney says, file I-751 waiver and appeal for N400 also at the same time to buy some time, while I-751 is in process. Is that the right thing to do? I don't seem to have too many choices. Need some guidance. If I were to file I-751 waiver, what kind of documents should I include to support the marriage?

To some extend that shows how USCIS does the background check. 9 months after he divorced they approved his JOINT I-751. I think that was enough time for them to find out if he was still married because that's the basis he filed on! The easiest thing to find out and they didn't bother to do so! The only thing they check I think is criminal history, DUI,...

[sachinky 464]

I'd follow your lawyer's advice which seems reasonable given that you filed jointly for ROC and then divorced BEFORE it was approved.

[TracyTN 237]

The only thing they check I think is criminal history, DUI,...

True. They don't have the capacity to check every court filing in every court in America - how could they??

[3600rs 24]

OP:

Do not appeal the 400, IMO its a waste of time if the waiver has not been filed. File the waiver, get it approved and then file the N400.

The 400 is heavily dependent on the 751 approval.

[veeboo323 0]

Thank you very much for all your replies. I got a second opinion from a very competent laywer in New York that some family member recommeded. He said, I cannot file another I-751 at this moment. The only thing I can do is to appeal for N400. According to him, if they put be in green card removal proceedings, only then I can file I-751. It sounds very strange. I read numerous forums, and I have seen some cases where writers said that they filed I-751 waiver after their original joint I-751 was approved. This lawyer also said that they may start green card revoking process.

3600rs - I tried to call you today, but no answer.

[Okalian 41]

Thank you very much for all your replies. I got a second opinion from a very competent laywer in New York that some family member recommeded. He said, I cannot file another I-751 at this moment. The only thing I can do is to appeal for N400. According to him, if they put be in green card removal proceedings, only then I can file I-751. It sounds very strange. I read numerous forums, and I have seen some cases where writers said that they filed I-751 waiver after their original joint I-751 was approved. This lawyer also said that they may start green card revoking process.

I honestly would listen to your 1st lawyer. Your N400 was denied because you didn't meet the primary requirement for eligibility; Being a Permanent Resident. In the eyes of immigration, you were not supposed to have the greencard because it was approved based on a petition which you didn't meet the grounds for. Why do you think people go through the hassle of withdrawing their joint I-751 and refiling with a waiver if they get a divorce?

So you're dealing with 2 separate issues:

1. Having a valid permanent resident status

2. Eligibility for Citizenship (if and ONLY IF condition #1 is met)

Trace your problem from the source. If you have a leak, you don't keep adding more water, you fix the leak first THEN add water. Refile I-751 with a waiver.

But again, wonders happen with USCIS....

Edited May 6, 2010 by Okalian

[veeboo323 0]

Thank you brother. Will file I-751 waiver and N400, and update you as I proceed.

I have seen from my previous experience that USCIS seems to process the applications if an attorney representation is present. I am looking at about $4k in attorney fees to file above 2. Financial situation is a little tight. Does it make a difference to file by myself or should I definitely go through attorney?

[Okalian 41]

Thank you brother. Will file I-751 waiver and N400, and update you as I proceed.

I have seen from my previous experience that USCIS seems to process the applications if an attorney representation is present. I am looking at about $4k in attorney fees to file above 2. Financial situation is a little tight. Does it make a difference to file by myself or should I definitely go through attorney?

I understand how costly it seems...but honestly with such mess, I would go with an attorney. InshaAllah it'll go smooth.

[mr2100 0]

I honestly would listen to your 1st lawyer. Your N400 was denied because you didn't meet the primary requirement for eligibility; Being a Permanent Resident. In the eyes of immigration, you were not supposed to have the greencard because it was approved based on a petition which you didn't meet the grounds for. Why do you think people go through the hassle of withdrawing their joint I-751 and refiling with a waiver if they get a divorce?

So you're dealing with 2 separate issues:

1. Having a valid permanent resident status

2. Eligibility for Citizenship (if and ONLY IF condition #1 is met)

Trace your problem from the source. If you have a leak, you don't keep adding more water, you fix the leak first THEN add water. Refile I-751 with a waiver.

But again, wonders happen with USCIS....

I totaly agree with you.