I-751 denied for cause

S

Smile88

Registered Users (C)
07/2004 Marriage Certificate Ft. Lauderdale
01/2008 Filed petition to remove conditions of permanent residency (I-751)
02/2009 Petition was “denied for cause” (according to USICS Officer because we missed a timeline to deliver further documentation).
03/2009 my wife delivered a baby from another man.

My wife and I agreed some time ago to divorce. Since we are still married I became the legal father. I believe a paternity can be disestablished with the voluntary consent of all three parties.
a. What should I do to start the process? Marriage in FL, Birth in CA (birth certificate names the biological father as the father, not me! Would I still have to contest?)
b. Do I have to disestablish paternity first before we can file for the divorce?
c. Do I have to be present at either the divorce hearing or the paternity hearing?
Since my petition for permanent residency has been denied a hearing will be held in the near future (according to the immigration officer over the phone). I probably will already be in Germany.
a. Do I have to be present during the hearing or can I be represented?
b. How can I make certain that I still can visit the US as a tourist even if residency will be denied? I overstayed my visa waiver program for some months in 2003.

Thank you in advance for your guidance.
 
hi.

contact an immigration lawyer soon as possible, someone who has expertise in family law also.
I think you can refile.
 
smile,

did you gte an RFE or an interview before you were denied?
normally they issue an Intend to deny letter before actual denial.
 
751 denied

Hi there, thank you for your answer. No, I did not receive anything. Not even the denial letter. Changed my address properly one year ago. The right address is on file according to the officer on the phone at the 800 number. As I called the Vermont Office the Officer admonished me for not having the right address. Later he found that the address was changed a long time ago. I have two receipt numbers (EAC) the first one and the one after the biometrics. It seem that onle the later is in the system.
What would happen if I am not here in the US when the Immigration Hearing will be held? I fear that I will not be able to return to the US for the hearing. But I have to travel. What an unpleasant situation. Thank you for your help.
 
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