I-751 rejected after 4 years of marriage

T

taporivan

New Member
1999 -graduated with doctoral degree in Engg on F-1 visa
started a job on practical training. Company applied for H1 status
Got married to a US citizen spouse- applied for greencard
2000- Got temporary greencard in detroit after joint interview.
2001- Changed job. Became tenure track professor at a reputed school
2002- Jointly filed for I-751 at Nebraska service center
2003- Applied for citizenship based on marriage
Feb. 2004 - got divorced (lived together until divorced)
April 2004- I had citizenship interview in detroit. I was told that the citizenship application will be denied because of divorce and the officer said "Since we did not adjudicate on I-751 yet, we will deny that also."
I have filed for everything at the earliest and appropriate time. I was married to a US citizen for more than 4 years, yet my applications are denied.

One immigration lawyer told me that I can fight this in removal court but that jeopardizes my job. I own the house after divorce and I am advised to sell it now because my assets need to be liquid if I have to be deported in the worst case.
I need help as to what I can do.
Can I apply for H1 when I have a temporary greencard?
Should I apply for another I751 requesting waiver of joint filing?
Or should I wait until official denial of the first I 751?
 
You should fight back if you wanna stay in USA.

why is gonna jeopardizes your job if you fight this in removal court?

you cant apply for H1 when you have greencard either tempoary or permenent one.

Personally, i do not think it is a good idea to wait until official denial of your first I 751?

Maybe you can try to apply for another I751 requesting waiver of joint filing. Phone to the 1 800 No. to ask info. from INS or talk with a immigration lawyer.

Be sure that the I751 you have submitted had enough evidence that your marriage was in a good-faith.

Good Luck
 
Question--did you get divorced before your removal of condition petition was approved? Why did you divorce before the removal was granted. From what you write it seems like you "continued to live together" after divorce. But for BCIS a divorce is a legal divorce irrespective of your personal living choices. I am confused by this part of your story.
Also, did you apply for citizenship on the basis of a conditional greencard and divorce? Why didn't you again wait for the removal of conditions approval from BCIS before taking the next step?
You could hire a lawyer, but there is this confusion in your case about exactly when you filed for a removal of conditions. How can you apply jointly with an ex-spouse, now that BCIS knows you are divorced?
 
The timeline is given in my previous post. Filed jointly for removal of condition in 2002.
Filed for citizenship in 2003 based on marriage even thought condion removal (I751) was in process. Got divorced in 2004. Did not live together after divorce.
I had to file for divorce for my own sanity, things had gone bad. I must admit, I was thinking of my own sanity at the time of filing divorce than immigration. And I think I made a good decision.
 
THe Service is right on this one. The jointly filed 751 became invalid when the divorce went through. You should have filed another 751 seeking a waiver based on a bona fide marriage that ended in divorce. Speak to a qualified immigration attorney. This could become expensive.
 
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