I need help - I-751 denied

M

Mirela1

Registered Users (C)
Me and my husband got married in 2004. I came in US in 2006. In Oct 2007 we filled jointly the form I-751 for the change of my condition. On Nov we had some issues and my husband filled for divorce. He withdrawn the divorce papers in January 2008 and we are still together, and we never been apart at all. On Jan 24 I got a letter from immigration where is written that my case was denied because my husband file for divorce. My question is if we are still together and we decided that we want to be like this what do we have to do know? In the letter is written that I do not qualify for a waiver of the joint filing requirement due to the divorce was not final at the time the petition was filed. An there also is written that : " the conditional resident may request a review of this decision before an Immigration Judge pursuant to 8 CFR 216 4 (d)(2). At that time the conditional resident may request a continuance of the removal proceedings until the applicant is eligible to file a waiver of the joint filing requirement.

We really don't know what to do....we are still married ....
We really need help.
Thank you.
 
I would suggest you talk to an immigration attorney about this as it seems USCIS will be sending you a Notice to Appear (NTA) before an immigration judge. i.e you will be placed in removal proceedings.
 
This is the second case I have seen that apparently they are checking with the courts who is filing for divorce.

Unfortunately your husband file for divorce on NOV but did you contested? and then your husband withdrawed it two months later, messy case...but by that time USCIS received that your husband filed for divorce on NOV so looks like your case is still pending...so they do what is told in the last memo about it.

Unfortunately you will have to appear in front of the judge and show the withdraw documents and that you two are still legally married.

At this time you need to contact an immigration lawyer ASAP.
 
I didn't contested the divorce paper because I didn't believe him....I signed the voluntary apperance when I was angry on him ....big mistake....but now we re conciliate and we want to be together....What do we have to do? Do we have to wait for some papers from USCIS to filled them to be able to appear in front of the judge? My husband believe that the case is simple...just showing to the judge that we are still together and that's it...which I do not believe that. How long I have to wait for those papers?
 
I forgot to say that the USCIS letter ends like this:
" The conditional resident is hereby directed immediately surrender the Alien Registration Card to local US Citizenship and Immigration office. "
Is there a specific time frame i have to do this?
 
Since morning I am trying to find a lawyer...I'm leaving in Lincoln , Ne and i do not have to many lawyers who can handle this kind of immigration problems....All are busy or on court..I really don't know what is going to happen........
 
Mirela1 said:
I forgot to say that the USCIS letter ends like this:
" The conditional resident is hereby directed immediately surrender the Alien Registration Card to local US Citizenship and Immigration office. "
Is there a specific time frame i have to do this?
Click to expand...

" The conditional resident is hereby directed immediately surrender the Alien Registration Card to local US Citizenship and Immigration office.
 
If you are not able to find an Attorney to represent you at the time of the court hearing, if you get to that stage, ask the Judge to give you more time to find one.

Like Triplecitizen said, you need competent counsel like yesterday. Don't rely on us novices.

Good Luck.
 
I have finally an appointment for tomorrow...I called so many lawyers but only 2 called me back...
 
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