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N=400 denied WHILE i-751 WQIVER PENDING

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  • N=400 denied WHILE i-751 WQIVER PENDING

    my joint I-751 was approved in Sep 2004 but I was divorced in Jul 2004. I filed first N-400 in Oct 2006 based on 5 yrs. I was placed in removal due to the above fact. I filed a second I-751 good faith waiver in Jul 2007, which is still pending at VSC although web site processing Sep 2007. My removal proceedings termited in Nov 2007. Filed second N-400 in Dec 2007 concurrently anticipation that I-751 shall be approved before natz interview. The web site did update a month before natz but mine was not one adjudicated. 10 yr GC revoked in Jan 2008. Natz interview in Aug 2008. Went cery well and passed. The IO stated that they have the power to adjudicate my I-751. Received natz denial based on that GC was revoked, Did not say anything about penging I-751. Now, given 30 days to appeal. I am thinking of these lines:

    1. File the appeal and pay $605.
    2. At appeal interview, ask officer to try to get the I-751 from VSC and adjudicate.
    3. If officer does not agree to call for I-751 adjudication, file a motion at Federal District Court to force re=evaluation of natz and force CIS to adjudicate I-751 waive. First I-751 was approved without inyerview dut to very good documentation of marraige. I was plaintiff in my divorce dut to metal cuelty by USC spouse.

    Any comments? I have been in contact with my congress and senator but are not very helpful. I have been remarried and now need to file for my current wife who is on F-1. What is most expeditious and prudent approach. what I am hoping is to receive either an I-751 approval in mail or interview call some time soon but am not sure if USCIS will do their job unless forced to. It also seems they filed I-751 waiver under my permanent GC file receipt number. Although they keep telling me on phone they know and I got temp stamp in passport, but the file was not present at natz interview.

    PL ADVISE IN DETAIL.
    Mr. S MALI AOS marriage to usc 1/02 divorce usc 7/04 i-751 aprv 9/04 remarry 3/06 n-400 10/06 wife enter on f-1 5/07 nta 5/07 751 waiver 6/07 removal terminated 11/07 2nd n-400 12/07 gc revoked 1/08 natz interv 8/08 natz denied 9/08 n-336 denied 10/0

  • #2
    Hi Summerfield,

    Moving this up for the senior members to see.
    Do all the good you can, in all the ways you can, as long as ever you can.

    --John Wesley

    Comment


    • #3
      USCIS is unable to adjudicate a jointly filed I-751 if the parties are divorced. That's why your GC was revoked. What was the outcome of the removal hearing in November 2007?
      Originally posted by summerfield:
      my joint I-751 was approved in Sep 2004 but I was divorced in Jul 2004. I filed first N-400 in Oct 2006 based on 5 yrs. I was placed in removal due to the above fact. I filed a second I-751 good faith waiver in Jul 2007, which is still pending at VSC although web site processing Sep 2007. My removal proceedings termited in Nov 2007. Filed second N-400 in Dec 2007 concurrently anticipation that I-751 shall be approved before natz interview. The web site did update a month before natz but mine was not one adjudicated. 10 yr GC revoked in Jan 2008. Natz interview in Aug 2008. Went cery well and passed. The IO stated that they have the power to adjudicate my I-751. Received natz denial based on that GC was revoked, Did not say anything about penging I-751. Now, given 30 days to appeal. I am thinking of these lines:

      1. File the appeal and pay $605.
      2. At appeal interview, ask officer to try to get the I-751 from VSC and adjudicate.
      3. If officer does not agree to call for I-751 adjudication, file a motion at Federal District Court to force re=evaluation of natz and force CIS to adjudicate I-751 waive. First I-751 was approved without inyerview dut to very good documentation of marraige. I was plaintiff in my divorce dut to metal cuelty by USC spouse.

      Any comments? I have been in contact with my congress and senator but are not very helpful. I have been remarried and now need to file for my current wife who is on F-1. What is most expeditious and prudent approach. what I am hoping is to receive either an I-751 approval in mail or interview call some time soon but am not sure if USCIS will do their job unless forced to. It also seems they filed I-751 waiver under my permanent GC file receipt number. Although they keep telling me on phone they know and I got temp stamp in passport, but the file was not present at natz interview.

      PL ADVISE IN DETAIL.

      Comment


      • #4
        Hello Summerfield


        Well, long time no see my friend. This is a gawd awful situation you have here again.

        Would like to know if you discussed with the I/O in your n400 interview the pending 751? Was it explained to him that you went into proceedings because of your last n400 interview that revealed that you should not have gotten an approval on the joint petition and that your greencard was revoked because of that. In addition, did you explain that the 751 was filed again, but this time with waiver and that it has not been adjudicated yet in order to get approval on the n400 ?

        Did you have that conversation or questions of such ..... or did you just kind of leave it as a vague area?



        <span class="ev_code_RED">@ Swiss</span>

        removal proceedings were terminated. Summerfield has previous history here. 751 waiver refiled and not adjudicated as of yet.

        Comment


        • #5
          I see. Yes, it appears that while filing for Naturalisation when eligible can move an otherwise stuck I-751 to adjudication, that seems not to be the case with an I-751 waiver. 4now, would you agree that had summerfield left the N-400 until he had received notification on the I-751, this might not have occurred?
          Originally posted by 4now:
          Hello Summerfield


          Well, long time no see my friend. This is a gawd awful situation you have here again.

          Would like to know if you discussed with the I/O in your n400 interview the pending 751? Was it explained to him that you went into proceedings because of your last n400 interview that revealed that you should not have gotten an approval on the joint petition and that your greencard was revoked because of that. In addition, did you explain that the 751 was filed again, but this time with waiver and that it has not been adjudicated yet in order to get approval on the n400 ?

          Did you have that conversation or questions of such ..... or did you just kind of leave it as a vague area?



          <span class="ev_code_RED">@ Swiss</span>

          removal proceedings were terminated. Summerfield has previous history here. 751 waiver refiled and not adjudicated as of yet.

          Comment


          • #6
            I agree with that Swiss if he had waited yes. I do not agree that the waiver has any bearing to not force adjudication.

            I, however, am waiting to hear what conversation took place between Summerfield and the I/O to see if this could have been avoided or if the I/o erred by not investigating status of 751waiver. Either way, it is going to cost poor Summerfield extra monies.

            Comment


            • #7
              Summerfield, do yourself a favor: buy a one way ticket and fly out of here, ASAP !!!

              One way ticket
              Have all the good s.ex you can, in all the ways you can, for as long as ever you can !

              -- Sabuntium The Great

              Comment


              • #8
                I am revisiing this old thread to ask this question:

                Ffor this case, was the Original poster better off sending an I751 adjudication once he got the first N400 denial? Or did he have to go through the appeal process?

                Was there a shorter route (time wise) to get his approval after the first N400 was denied?

                Thank you.

                Comment


                • #9
                  So you filed for citizenship before the conditions were removed from your conditional residency?

                  Comment


                  • #10
                    You have to have an IQ level similar to the tempratures in Siberia

                    This doesn't even make sense..

                    any other answers folks?

                    Comment

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