i 751 denial

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KC2121

Registered Users (C)
My I 751 wavier application is denied. Now I am filing a motion to reopen I 290B. I have few question?
If my motion to reconsider approved can I apply for N400 based on 5 year rule?

To make things worst USCIS also rejected my employment eligibility. My employment eligibility can not be verified by E verify. Local uscis office does not issue me I551 stamp. But uscis website says they should issue me I551 until immigration judge makes decision.

Is there any way can I get I551 stamp on passport?

I have been married for a year. Can I apply new I485 and I130?

here is uscis link
www.uscis.gov/USCIS/.../AILA_Field_Ops -_Q&A_102511_Final.p...‎
 
I 751 denied based not a good faith marriage

2008- got a green card on first marriage
2009- divorced
2009- applied for I 751 wavier which was pending for 4 years until July 2013
2011- started dating my new wife
2012 October got married
2013 July I 751 denied which I applied in 2009 based on good faith marriage but ended in divorce. I sent lot of evidence including 2 years of tax returns, car loans, over 100 of emails from our work email address, but got a very mean officer for interview. We married for real. Looks like after our divorce my ex wife gave derogatory information that marriage was not real.

I just don't know what to do know. Bad thing is they cancelled my work eligibility. For my bad luck my company is sold to a different corporation and eventually they will asking to submit new I9. Probably that time I will loose my job

It drives me crazy. Somehow can I get back employment eligibility?
 
I mean how many months were you married at the time when the divorce was initially requested with the state?

They don't only look at when the divorce was finalized, they also look at when it was initiated.
 
I don't know why they took 4 years for decision. Its USCIS hard to get answer for any question. Even when regulations say I should get a I 551 stamp they don't know issue me. I don't know why?
 
Jackolantern said:
I mean how many months were you married at the time when the divorce was initially requested with the state?

They don't only look at when the divorce was finalized, they also look at when it was initiated.
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It lasted only 1 year 3 months. 1 month we were separated. it just took 2 months to get divorce completed. I did not contest it. Its a disaster.
 
My biggest worry is getting employment authorization. Otherwise im going to loose my job. Any ideas?
 
It looks like they need to issue me I 551 stamp until immigration judge makes final decision. How to get I 551 stamp? I don't care about travelling. My worry is just about work authorization.
 
KC2121 said:
My I 751 wavier application is denied. Now I am filing a motion to reopen I 290B. I have few question?
If my motion to reconsider approved can I apply for N400 based on 5 year rule?
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Yes, but note that approval of the motion doesn't mean approval of the 10 year green card. It only means the I-751 is put back into pending status and your permanent resident status is reinstated. You'd then be eligible to apply for N-400, although your naturalization cannot be approved until the I-751 is approved.

To make things worst USCIS also rejected my employment eligibility. My employment eligibility can not be verified by E verify. Local uscis office does not issue me I551 stamp. But uscis website says they should issue me I551 until immigration judge makes decision.
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File the MTR, then if your green card is reinstated you can make an Infopass appt to get the I-551 stamp. Bring the MTR approval notice and I-751 receipt.
 
You still haven't mentioned the reason they gave for the denial, or how many months you were married when the divorce process was initiated. Those factors affect your strategy for appealing and your chances of approval.
 
Jackolantern said:
You still haven't mentioned the reason they gave for the denial, or how many months you were married when the divorce process was initiated. Those factors affect your strategy for appealing and your chances of approval.
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I have mentioned in earlier post. My previous marriage lasted only 1 year 3 months. Reason for I 751 denial is marriage was not in a good faith and it is to get immigration benefits based letter from my wife after she filled divorce
 
You said your marriage lasted 15 months, but that only indicates when the divorce was finalized, not when the divorce was initiated by your ex. If she filed for divorce less than 1 year after you got married, that makes your case much more difficult.

Anyway, it's time for to you get a lawyer. For a denial like this you'll need a good lawyer for the motion to reopen or advice on filing a new I-130/I-485.
 
when I wife filed for divorce it was about 14-15 months. Divorce took only 3-4 months. So total marriage was 18 months
Jackolantern said:
You said your marriage lasted 15 months, but that only indicates when the divorce was finalized, not when the divorce was initiated by your ex. If she filed for divorce less than 1 year after you got married, that makes your case much more difficult.

Anyway, it's time for to you get a lawyer. For a denial like this you'll need a good lawyer for the motion to reopen or advice on filing a new I-130/I-485.
Click to expand...
 
Jackolantern said:
Yes, but note that approval of the motion doesn't mean approval of the 10 year green card. It only means the I-751 is put back into pending status and your permanent resident status is reinstated. You'd then be eligible to apply for N-400, although your naturalization cannot be approved until the I-751 is approved.



File the MTR, then if your green card is reinstated you can make an Infopass appt to get the I-551 stamp. Bring the MTR approval notice and I-751 receipt.
Click to expand...

I am looking for a competent lawyer. I went to few lawyers in Kansas City area. I did not find a competent lawyer yet. Any suggestions?

Meanwhile file filed for MTR to reopen case. And I got a receipt I797C notice of action saying my case is received and in process. It came for national benefit center Lee Summit, MO. Is that means are they reopened my case? Do I get one more notice when they reopen my case? How is this process works?

Can I take that MTR notice and original I 751 notice to USCIS field office and get a I 551 stamp?
 
KC2121 said:
Meanwhile file filed for MTR to reopen case. And I got a receipt I797C notice of action saying my case is received and in process. It came for national benefit center Lee Summit, MO. Is that means are they reopened my case?
Click to expand...
No, it only means they've received and begun processing your request to reopen the case.

Do I get one more notice when they reopen my case?
Click to expand...

Yes, they will notify you when they decide whether to reopen the case or deny your request. If they approve your motion to reopen, that only puts the I-751 back into pending status; it doesn't mean the I-751 is approved. Actual approval or denial will happen later*, and you will be notified of that.


*sometimes they immediately approve the case after reopening it. So it's possible to get the reopening notification and the approval on the same day.
 
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