I-751 Previously approved but is now being reviewed. Please HELP!

[AmeliaManalo]

Hello everyone!

Please help me understand this dilemma. My daughter and I received our unconditional green card on March 20, 2009 and expiration is on March 20 2019. However, I got a notice from USCIS that my previously approved I-751 (application to remove condition) is now being reviewed because they say that I wasn't illegible to file jointly since our divorced was finalized few months after we filed I-751 jointly. It seems like I was required to file a waiver for myself. The question is, we are booked to travel outside United States in May 2013 but now I am not sure whether the 10 yr green card we have are still good to re enter the US. My minor daughter and I obtained our green card through marriage. Is it really okay to travel outside United States while they are reviewing the previously approved I-751 ? does it mean that they can revoke the 10 year green card that we have now? We were confident that we have been permanent residents for more than 5 years now, therefore I went ahead and applied for N400. After passing the testing and interview, I was asked to provide original copy of the divorced decree which I mailed the next day. USCIS claimed that they didn't recieved the RFE and they denied my N400 application. When I file the appeal, a motion to reopen was granted. Now, they sent me this notice that they still have to review my I-751. What are the chances that our permanent residence will be revoked? I remarried to another USC, can he continue the petition us?

Timeline:

Married to USC - March 10, 2006
Conditional green card received - Aug. 30, 2006
Conditional Green Card Expired - Aug. 30, 2008
I-751 filed within 90 days before Conditional green card expired
(note: didn't file waiver to file by myself since I was still married with my USC spouse at the time of filing}

Divorced decree to USC - October 11, 2008
Unconditional green card approved on March 20, 2009
Remarried to my new USC husband on - June 20, 2009
Filed N400 based on 5 year rule - October 2011
Passed testing and interview - Feb 6, 2012
Denied N400 based on RFE not being received - June 2012
File N-336 Appeal- July 2012
Appeared for hearing - Nov. 16, 2012 ( Motion to reopen/ reconsider N400 was granted)
*****Now I-751 is being reviewed - Notice received on March 25, 2013************

I would appreciate any help and advice you could give. Thank you all!

 

[Triple Citizen]

As soon as your divorce was finalised, you should have filed another I-751 (while the first was pending) requesting a waiver.
I would advise you to hire a competent attorney.

Conditional Green Card Expired - Aug. 30, 2008
I-751 filed within 90 days before Conditional green card expired
(note: didn't file waiver to file by myself since I was still married with my USC spouse at the time of filing}

Divorced decree to USC - October 11, 2008
Unconditional green card approved on March 20, 2009

 

[Jackolantern]

The problem is that you didn't inform USCIS of the divorce before the 10-year card was approved.

Get a lawyer, and do not leave the US until this is resolved. With proper handling of the case, you'll probably be able to apply for the (late) waiver and settle the I-751 issue. Worst case scenario, they revoke your green card but you'll immediately apply for a new one through your current spouse.

 

[ananga73]

At this time, a canceled vacation is the least of your worries. Don't even make the mistake of traveling now until this thing is resolved. Not notifying them that you had divorced PRIOR to approval of the I-751 could be considered fraud because divorce is a material occurrence and indeed your green card can be argued to be void from inception since it was approved in error. You very likely will be placed in removal proceedings.

Better get a very competent attorney because the timeline of your marriage and divorce and subsequent remarriages could raise a red flag of a sham marriage. If that is the case, you're toast because they will go over your previous marriage with a fine tooth comb.

Now if you were married to a non-citizen whom you divorced before marrying the first American who got you your green card, then it would look even more suspicious because that would be three marriages and two divorces in a very short time span and USCIS will be looking to throw everything including the kitchen sink at you.

Hello everyone!

...What are the chances that our permanent residence will be revoked?

 

[Jackolantern]

Now if you were married to a non-citizen whom you divorced before marrying the first American who got you your green card....

That might be the case, given the daughter who presumably was born before the marriage to the first USC.

What would really damage this case is if the current USC husband is the father of the child and/or was the OP's husband before the green card was approved. Even worse if the current husband is also a naturalized citizen who obtained his green card through marriage -- if that is true, the worst-case scenario is much worse than what I mentioned in post #3.

 

[AmeliaManalo]

New Husband is a US born citizen.

That might be the case, given the daughter who presumably was born before the marriage to the first USC.

What would really damage this case is if the current USC husband is the father of the child and/or was the OP's husband before the green card was approved. Even worse if the current husband is also a naturalized citizen who obtained his green card through marriage -- if that is true, the worst-case scenario is much worse than what I mentioned in post #3.

Jackolantern,

I was married the first time for 12 years and he was an abusive husband both physically/mentally to me and to our only child. We were separated for 2 years before the divorce was finalized. I married the 2nd time with the USC, It was nice and easy the first few months of the marriage and even before we decided to get married, it was all exciting but when we lived together he became jealous of my daughter since I am a dedicated mother to my minor child. USC husband wants to travel a lot and I can't abide with that because of my job and my daughter's schooling. I didn't want keep uprooting my child and keep moving from one place to another. Things got a little harder after he came back from vacation abroad, he had to work long hours and had 2 jobs and coming home less and less. He promised to help me with filing of removal of the condition and as soon as it was filed he moved out and started his new life because he was seeing somebody else. I am not angry with him because I couldn't give the kind of lifestyle he wants. when the the divorce decree arrive earlier than the I-751 approval, It never occurred to me that this is going to cause me problem in the future. I started a friendship with a man I met online and we talked over the phone for 5 months and then after five months of being just a phone pal, we finally met and started dating, we have so many things in common, he moved to where I live and married me. He is a US born citizen, an army veteran and very different from the previous marriages. He loves me and my daughter unconditionally. Previous marriages were full of heartaches. And by the way, Second husband (petitioner) died last year.

 

[Jackolantern]

Jackolantern,

I was married the first time for 12 years and he was an abusive husband both physically/mentally to me and to our only child. We were separated for 2 years before the divorce was finalized. I married the 2nd time with the USC, It was nice and easy the first few months of the marriage and even before we decided to get married, it was all exciting but when we lived together he became jealous of my daughter since I am a dedicated mother to my minor child. USC husband wants to travel a lot and I can't abide with that because of my job and my daughter's schooling. I didn't want keep uprooting my child and keep moving from one place to another. Things got a little harder after he came back from vacation abroad, he had to work long hours and had 2 jobs and coming home less and less. He promised to help me with filing of removal of the condition and as soon as it was filed he moved out and started his new life because he was seeing somebody else. I am not angry with him because I couldn't give the kind of lifestyle he wants. when the the divorce decree arrive earlier than the I-751 approval, It never occurred to me that this is going to cause me problem in the future. I started a friendship with a man I met online and we talked over the phone for 5 months and then after five months of being just a phone pal, we finally met and started dating, we have so many things in common, he moved to where I live and married me. He is a US born citizen, an army veteran and very different from the previous marriages. He loves me and my daughter unconditionally. Previous marriages were full of heartaches. And by the way, Second husband (petitioner) died last year.

Based on all those facts, your situation doesn't look so bad. Gather up documentation to support your story in case you have to defend yourself in court, including evidence of abuse by the first husband, your previous husband's death certificate or other evidence of his death like a newspaper obituary from the time of his death, your daughter's birth certificate (to show that your current husband isn't the father), and proof that your current husband is a citizen since birth.

 

[AmeliaManalo]

Thank you so much Mr. Jackolantern for the advice. I will start gathering proofs. I will keep you all posted of anything coming.

 

[Klein88]

Hello everyone!

Please help me understand this dilemma. My daughter and I received our unconditional green card on March 20, 2009 and expiration is on March 20 2019. However, I got a notice from USCIS that my previously approved I-751 (application to remove condition) is now being reviewed because they say that I wasn't illegible to file jointly since our divorced was finalized few months after we filed I-751 jointly. It seems like I was required to file a waiver for myself. The question is, we are booked to travel outside United States in May 2013 but now I am not sure whether the 10 yr green card we have are still good to re enter the US. My minor daughter and I obtained our green card through marriage. Is it really okay to travel outside United States while they are reviewing the previously approved I-751 ? does it mean that they can revoke the 10 year green card that we have now? We were confident that we have been permanent residents for more than 5 years now, therefore I went ahead and applied for N400. After passing the testing and interview, I was asked to provide original copy of the divorced decree which I mailed the next day. USCIS claimed that they didn't recieved the RFE and they denied my N400 application. When I file the appeal, a motion to reopen was granted. Now, they sent me this notice that they still have to review my I-751. What are the chances that our permanent residence will be revoked? I remarried to another USC, can he continue the petition us?

Timeline:

Married to USC - March 10, 2006
Conditional green card received - Aug. 30, 2006
Conditional Green Card Expired - Aug. 30, 2008
I-751 filed within 90 days before Conditional green card expired
(note: didn't file waiver to file by myself since I was still married with my USC spouse at the time of filing}

Divorced decree to USC - October 11, 2008
Unconditional green card approved on March 20, 2009
Remarried to my new USC husband on - June 20, 2009
Filed N400 based on 5 year rule - October 2011
Passed testing and interview - Feb 6, 2012
Denied N400 based on RFE not being received - June 2012
File N-336 Appeal- July 2012
Appeared for hearing - Nov. 16, 2012 ( Motion to reopen/ reconsider N400 was granted)
*****Now I-751 is being reviewed - Notice received on March 25, 2013************

I would appreciate any help and advice you could give. Thank you all!

Amelia, how did this situation end up for you? I am in the exact same situation except I have my N-400 interview coming up in just a few days. I’d appreciate if you could provide some input.