the only thing im trying to show you is the part marked in red.

YOu can file the 751 waiver from mexico!


ignore everything else there. its just article for others to see that may need help.

This message has been edited. Last edited by: 4now,

ooh so this is about the waiver?ooh ok,,i thought it was about when u file to remove the condetion ,,and thats why i kept on saying i did all that,i will talk to u tom about it ,,sounds great to me,,but there is nothing about the time ha,,i looked at the paper work today and i havent been here for a year,,i was counting from the day i crossed the boarder,,all together is 1 year and 3 weeks,,but from th day i got released and i entered mexico ,,it been exactly 11 months and 2 weeks

good night

From your last post i think you are getting confused again.


waiver =751waiver.. has nothing to do with returning to resident status application


Return to resident status is what talked about being out of the country and out of status for a year or more.



The following is taken from 751 instruction and addresses the late filing .. just read the part in red. (just to let you know you were misled by the lawyers you spoke with )



http://www.uscis.gov/files/form/I-751instr.pdf

WHEN SHOULD I FILE FORM I-751


1. Filing jointly. If you are filing this petition jointly withyour spouse, you must file it during the 90 daysimmediately before the second anniversary of the date youwere accorded conditional resident status. This is the dateyour conditional residence expires.
When Should I File the Form I-751?
2. Filing with a request that the joint filing requirementbe waived. You may file this petition at any time afteryou are granted conditional resident status and before youare removed.
3. Effect of not filing. If this petition is not filed, you willautomatically lose your permanent resident status as of thesecond anniversary of the date on which you were grantedconditional status.

You will then become removable from the United States.If your failure to file was through no fault of your own,[COLOR:GREEN]you may file your petition late with a written explanationand request that USCIS excuse the late filing. Failure tofile before the expiration date may be excused if youdemonstrate when you submit the application that thedelay was due to extraordinary circumstances beyond yourcontrol and that the length of the delay was reasonable[/color]



NOW understand this...... YOU NEED 751Waiver filed to get 797 or authorization to get new 551 stamp in your passport. Then you wont be out of status anymore and you will be able to cross the border.


YOur address is where you lived before you came to mexico on a visit and got stuck there.

i will start all this in couple of days,,i will start getting everything together by tomorrow,,and i will file,,but i have a couple of questions,,1-do i lose my right bcoz i got re-married.2-do i lose my right bcoz i have an i-130 filed?and 3rd is what happen with me at the boarder and the detention proceeding will effect this?

let me ask u this,,if i filed and i get the reciept the 797,,can i cross back on that 1?before they decide if approved or denied?on the reciept i mean,,or i have to wait the final decesion?

quote:

Originally posted by mike_2007:
i will start all this in couple of days,,i will start getting everything together by tomorrow,,and i will file,,but i have a couple of questions,,1-do i lose my right bcoz i got re-married.2-do i lose my right bcoz i have an i-130 filed?and 3rd is what happen with me at the boarder and the detention proceeding will effect this?

ok

You are not going to file just yet... dont jump the gun on this ..

1st

1.you are going to get your official status from uoscis

2. You will gather together copies of everything/evidences that was sent in the joint751 . (you said lawyer had copies from FOIA) you will ask your first wife for a notarized letter stating the marriage was real and that it didnt work out because you worked too much in your business etc. pictures, everything on the list on 751 instructions.

3. get two or three notarized letters from friends that knew you both to write letters saying they knew the marriage to be real and say things like how they visited you while you were living at blah blha.. (you can write the letters for them and send it to them to sign and notarize.)

get your ex wife to make copies of any pictures showing the relationship after your 1st interview for the greencard.
go to that link on 751 instructions and follow the list strictly under topic. What do I need"

like copy of greencard . 2 pics etc. copy of final divorce decree signed by judge

Then proceed to make a "practice copy " of the 751 petiton marking waiver for bonafide marriage.



Most important in theis whole thing now is THE LETTER ASKING FOR EXCUSE THE LATE FILING FOR 751WAIVER

*****The whole key to 751waiver being accepted for being late will ride on how this letter is CAREFULLY written and what it needs to say to get it accepted for late filing.**** I cannot say enough as to just how important this is!!!!!!!!! EXPERT LAWYER to write this... one who has done this before is only way to go.



part 2 of your question " do you lose your right"


You DO NOT lose your right to file 751waiver because you remarried.

but...YOu cannot have 2 adjustment of status going on at same time. You have to withdraw the petitions to adjust status based on new marriage. the i30 is already denied. Have your wife withdraw the petitons (as they are her petitions) explaining to them that you were wrongly advised about filing those petitons were filed and that her husband has filed 751waiver based on previous marriage.

To withdraw the 1-130/129.. Have your wife write letter o uscis or make infopass apt to deliver letter.



What will happen at the border?


YOu are not going anywhere near that border until you get a 797 receipt letter (reply for receipt of the 751waiver received) that you are going to file. GET BORDER OUT OF YOUR MIND RIGHT NOW.

quote:

Originally posted by mike_2007:
let me ask u this,,if i filed and i get the reciept the 797,,can i cross back on that 1?before they decide if approved or denied?on the reciept i mean,,or i have to wait the final decesion?

yes NOW YOU ARE GETTING IT.

The 797 will extend your greencard for 1year while your 751waiver is being processed for approval or denial.

You should have in your posssesion when you cross the border a expired greencard, the 797, and /or passport with current 551 stamp.



THEN YOU CAN FINALLY COME HOME

Go to the room.. for quick chat

so what ifi get the reciept?then what would happen?lets say i file and i get the 797?can i cross with that 1?

mike is not very good at explaining himself and has made little effort to improve his postings.

For what its worth, here is a brief synposis as I understand it:

Jordanian

Married USC

Entered as a CPR.

Got divorced before he filed for LPR.

Filed for LPR on the basis of a marriage which was now over.

Left the US after his CPR 2 year status had expired.

Entered Mexico on the basis of a US PR, which he was not, he should have obtained a Mexican Visa.

Sought to re-enter the US as a PR, detained, married wife 2 whilst in detention.

Returned to Mexico. Now illegally in Mexico.

New wife filed I -130, seemingly on the basis that he was in the US, I have qeried this with Mike and never got an answer. As far as I know USCIS do not know he is in Mexico.

He can not be interviewed in Mexico anyway, not a resident.
.

what do u mean they dont know iam not in mexico?if i put on the i-130 a year ago the address in mexico?and on the evedince we wrote 2 letters 1 from me and 1 from my wife asking them to allowed us to be together bcoz we'r living apart ,,,1 in mexico and 1 in the u.s

what else did you tell uscis in the letter about your situation.. also. did you send copy of marriage license with the i30 and her passport or naturalization cert?

sure i did,,her marriage license,her divorce license,her g-325a,copy of her my naturlization ,my divorce,our marriage licene,my divorce,g-325a,2 photos for each,that went with the i-130,but later we sent all kind of stuff,,

nothing really,,just described the setuation ,,and how much we'r suffering of been a part ,,and we describe the relation since day 1 we meet each other,,and things like that

too mucch information you gave them.. no matter.. they dont know where you are at the moment.. you could have come back to usa or be anywhere. you could be in mexico.

That 751 is not going to be filed from mexico. its going to be filed from your residence in california. when everything is complete. you will dhl or ups the entire package to your wife to send off in a new post office mailing to the service center. there will be no mention of mexico on this app/ as there is no reason to.

there will be no mexican addresses listed as you do not live there. you went visiting and are just stuck there for the time being. it never should have been listed as your address.

The late filing letter is going to have to be creative to play down the mexican thing. may not even mention it. dont know yet

i will,,and i will call the lady at the congress office monday so she can call to check the status on the 751 for me .

check your status too.

yea i will,,,i will chat with u tom ,so i can tell u about the ap thing

ok 4now ,,here is a copy of the most important things in the denial letter,,can u plz tell me what thoes codes means? on august 30,07 the service requested additional evidence regarding the visa petetion you submiitted on jan-07 on behalf mike...... to accord him status as a spouse of the united states citizen pursuant o section 203(a)(2)(b) of the immigration and nationality act,as amended.in visa potetion proceeding,the burden of proof is upon the petitioner to establish eligibility for the benefits sought under the immigration laws,(matter of awadalla),101&n dec.580(1964),matter of brantigan,11 i&n dec.493(1966).the board of immigration appeals has determined that failure to prosecute is a valid ground for denial when the potetioner fails to comply with a reasonable request for evidence or to appear for interview,matter of pearson,13 i&n dec.152(1969). title 8 code of federal regulations,section 103.2(b)(11)states,
(11)submission of evidence in response to a service request.all evidence submitted in response to a service request must be submitted at one time.the submittion of only some of the requested evidence will be considered a request for a decision based on the record.
you were requsted to submitt documentation which would establish that you and ur spouse have a bona fida marriage,review of the records reflects that u submitted several affidavits,t-mobile bills and numerous greeting cards and letters from and to ur spouse,and reciepts from hotels,joint credit cards bills,pictures,marriage ring reciept,pictures with family members,you have ,thereby,requested a decision based on the record.after careful review of the evidence submitted you have failed to establish that a bona fida marital relationship exists or existed between the potetioner and beneficiary,therefore,in accodance with INA section 245(a)and 8cfr section 103.2(b)(11),supra,your potetion for alian relative must be and is hereby denied.
you may if u wish,appeal this decision.must submit such an appeal to this office whithin 15 days with a filing fee of $110 .if you do not file an appeal whithin the time allowed,this decesion is final.
appeal in your case may be made to the board of immigration appeals(board)in falls church,virginia ,it must reach this whithin 15 calendar days from the date this notice is served(18 days if this notice is mailed)
and thats it ,,so first i mailed more things that they didnt even mentioned?and the seco