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  • Complicated I-751 Pending - Travel outside US

    Hello All, I have a complicated immigration case. I came to US Sep 2003 by marriage of US Citizen. After I came here I and my wife lived together only 2 months then we got separated but we were trying to work out our relationship however those efforts get it in a worst stage and we become kind of enemies. In Aug 2005 my conditional green card got expired and before that I tried to convince my wife about joint petition but she was not willing to do the same so I hired of the best attorney in Manhattan and I filed I-751 under extreme hardship because my divorce was not yet finalized also my wife is not willing for joint petition so I only had this option later Oct 2005 my divorce got finalized and I approached my attorney office and signed papers for another I -751 with divorce clause. My attorney office saying they filed second I-751 with divorce anyways later I moved from north east side to New Mexico because of my Job so I transferred my case to New Mexico USCIS district office. For while I didn't hear from USCIS and before my one year extension expiring date, I scheduled an infopass appointment with New Mexico district office and they said they going to schedule an interview with me soon. As they said I had an Interview in USCIS office on Sep 2006. For interview I hired another immigration attorney. During Interview they were asking me and my attorney about extreme hardship and we were replying good faith of marriage later divorce. Feb 2007 I took another appointment with USCIS office and they said my I-751 denied because I couldn't prove extreme hardship but they also agree certain extent of hardship happened but its not extreme. I agree with them its hard to prove extreme hardship that's the reason I filed (my first attorney saying) I-751 with divorce but I guess he didn't file my second I-751. Again I hired third lawyer from Manhattan and filed motion to reopen on March 2007. Later I moved to Los Angeles, CA. I contacted few attorneys here and discussed my case with them and I found one of them is really convincing. What he was saying all my past 3 lawyers made same mistake they didn't file I-751 with divorce. I hired him and filed another I-751 with divorce on July 2007 and I got one year extension , agaon on Dec 2007 I got extension stamped on my passport till Dec 2008. Now I am planning to travel outside US. Before I am planning my trip outside US , I have few concerns to get it clarified. I appreciate your help and experience in this matter. I spent lot money and effort on this case so just want to be success this case as everyone.

    1. What happened if USCIS make a negative decision/ denies my I-751 petition when I am outside US ? I am planning to stay there around one and half months from June . Is it possible to re-enter US if they deny my I-751 and if the denial happens while I am outside US?
    2. My attorney saying that I can file N-400 on June 2008 because I complete 4.9 yrs. Is my citizenship application makes any difference on I-751 decision process? Is it two separate processes? What happens if USCIS denies my I-751 application after I file citizenship application?
    3. Do I have an interview with USCIS before the decision of I-751?
    4. I filed I-751 on July 7th 2007 and USICS customer service is saying it's going to take a year to process the petition so is the probability is higher to make I-751 decision on July 2008 sometime?


    Thanks in advance

    Time frame

    1. Sep 2003- Came to US
    2. Aug 2005 – file I-751 with extreme hardship
    3. Sep 2006 – USCIS Interview
    4. Feb 2007 – I-751 Denial
    5. March-2007- Motion to reopen
    6. July- 2007 – I -751 with divorce NOA one year extension
    7. Dec 2007 – Extension till Dec 2008 –In Passport

  • #2
    Hello All, I have a complicated immigration case. I came to US Sep 2003 by marriage of US Citizen. After I came here I and my wife lived together only 2 months then we got separated but we were trying to work out our relationship however those efforts get it in a worst stage and we become kind of enemies. In Aug 2005 my conditional green card got expired and before that I tried to convince my wife about joint petition but she was not willing to do the same so I hired of the best attorney in Manhattan and I filed I-751 under extreme hardship because my divorce was not yet finalized also my wife is not willing for joint petition so I only had this option later Oct 2005 my divorce got finalized and I approached my attorney office and signed papers for another I -751 with divorce clause. My attorney office saying they filed second I-751 with divorce anyways later I moved from north east side to New Mexico because of my Job so I transferred my case to New Mexico USCIS district office. For while I didn't hear from USCIS and before my one year extension expiring date, I scheduled an infopass appointment with New Mexico district office and they said they going to schedule an interview with me soon. As they said I had an Interview in USCIS office on Sep 2006. For interview I hired another immigration attorney. During Interview they were asking me and my attorney about extreme hardship and we were replying good faith of marriage later divorce. Feb 2007 I took another appointment with USCIS office and they said my I-751 denied because I couldn't prove extreme hardship but they also agree certain extent of hardship happened but its not extreme. I agree with them its hard to prove extreme hardship that's the reason I filed (my first attorney saying) I-751 with divorce but I guess he didn't file my second I-751. Again I hired third lawyer from Manhattan and filed motion to reopen on March 2007. Later I moved to Los Angeles, CA. I contacted few attorneys here and discussed my case with them and I found one of them is really convincing. What he was saying all my past 3 lawyers made same mistake they didn't file I-751 with divorce. I hired him and filed another I-751 with divorce on July 2007 and I got one year extension , agaon on Dec 2007 I got extension stamped on my passport till Dec 2008. Now I am planning to travel outside US. Before I am planning my trip outside US , I have few concerns to get it clarified. I appreciate your help and experience in this matter. I spent lot money and effort on this case so just want to be success this case as everyone.

    1. What happened if USCIS make a negative decision/ denies my I-751 petition when I am outside US ? I am planning to stay there around one and half months from June . Is it possible to re-enter US if they deny my I-751 and if the denial happens while I am outside US?
    2. My attorney saying that I can file N-400 on June 2008 because I complete 4.9 yrs. Is my citizenship application makes any difference on I-751 decision process? Is it two separate processes? What happens if USCIS denies my I-751 application after I file citizenship application?
    3. Do I have an interview with USCIS before the decision of I-751?
    4. I filed I-751 on July 7th 2007 and USICS customer service is saying it's going to take a year to process the petition so is the probability is higher to make I-751 decision on July 2008 sometime?


    Thanks in advance

    Time frame

    1. Sep 2003- Came to US
    2. Aug 2005 – file I-751 with extreme hardship
    3. Sep 2006 – USCIS Interview
    4. Feb 2007 – I-751 Denial
    5. March-2007- Motion to reopen
    6. July- 2007 – I -751 with divorce NOA one year extension
    7. Dec 2007 – Extension till Dec 2008 –In Passport

    Comment


    • #3
      Mathew, the first lesson you learn is that there is no such thing as a "great Immigration LAWYER!"

      Your case is reather complicated. One thing I try to tell people is not to travel outside the US while their case is pending, especially if there has been a negative decision in the past.

      The stamp means something, however, these days things are rather funny! So, unless it is a life and death situation that requires you to travel, I would encourahge you to wait until all is straightened out.

      Remember it is better to travel with a piece of mind than with worries when you return. At the end of the day, follow your instinct.

      This is one that I would not conclusively recommend either way.

      Good luck.

      Comment


      • #4
        What service center did you file at?


        Your adjudication time can be more accurately looked at to determine when you should travel.

        And yes file the n-400 while the 751 is pending as soon as you are eligible.

        Comment


        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by floyd:
          Mathew, the first lesson you learn is that there is no such thing as a "great Immigration LAWYER!" . </div></BLOCKQUOTE>

          This is not true. My former wife had a great immigration lawyer and I will be THE greatest immigration lawyer of all time.

          Comment


          • #6
            [QUOTE]Originally posted by 4now:
            What service center did you file at?

            4Now, thanks for your reply.
            I filed california service center.

            I can file N-400 but my I-751 should be approved before N-400.If I-751 denies automatically my N-400 also denies. I guess its two seperate process but they took it together.
            One other thing is even my I-751 denies while I am outside US, still I can re-enter to US but I will be have secondary and deferred inspection also give notice for court date.

            Comment


            • #7
              [QUOTE]Originally posted by 4now:



              "Your adjudication time can be more accurately looked at to determine when you should travel."

              I am sorry 4now, I am not getting what you meants by above paragaraph. Thanks you for prompt reply

              Comment


              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Mathew:
                [QUOTE]Originally posted by 4now:
                What service center did you file at?

                4Now, thanks for your reply.
                I filed california service center.

                I can file N-400 but my I-751 should be approved before N-400.If I-751 denies automatically my N-400 also denies. I guess its two seperate process but they took it together.
                One other thing is even my I-751 denies while I am outside US, still I can re-enter to US but I will be have secondary and deferred inspection also give notice for court date. </div></BLOCKQUOTE>


                <span class="ev_code_RED">Yes they are two seperate processes and applications. The 751 does not have to be approved before you can apply for citizenship. 751 can be pending. Obviously if your 751 is denied, then of course the citizenship application becomes invalid.</span>

                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">
                Your adjudication time can be more accurately looked at to determine when you should travel."



                I am sorry 4now, I am not getting what you meants by above paragaraph. Thanks you for prompt reply </div></BLOCKQUOTE>


                <span class="ev_code_RED">Your service center is California. Currently california is processing applications received Oct 2007. Yours was submitted in July 2007. You are outside processing time for the "straight forward cases" and you are probably being looked at right now to get set up an interview. (because of waiver)


                IMO, I would not be traveling at this stage of the game unless it was only going to be 2 or 3 weeks maximum time out of country. I would also have someone watching the mail in case you were notified of an interview!!

                Make an infopass appointment to check on your application as it is technically outside of the processing time.</span>

                Comment


                • #9
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by 4now:
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Mathew:
                  [QUOTE]Originally posted by 4now:
                  What service center did you file at?

                  4Now, thanks for your reply.
                  I filed california service center.

                  I can file N-400 but my I-751 should be approved before N-400.If I-751 denies automatically my N-400 also denies. I guess its two seperate process but they took it together.
                  One other thing is even my I-751 denies while I am outside US, still I can re-enter to US but I will be have secondary and deferred inspection also give notice for court date. </div></BLOCKQUOTE>


                  <span class="ev_code_RED">Yes they are two seperate processes and applications. The 751 does not have to be approved before you can apply for citizenship. 751 can be pending. Obviously if your 751 is denied, then of course the citizenship application becomes invalid.</span>

                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">
                  Your adjudication time can be more accurately looked at to determine when you should travel."



                  I am sorry 4now, I am not getting what you meants by above paragaraph. Thanks you for prompt reply </div></BLOCKQUOTE>


                  <span class="ev_code_RED">Your service center is California. Currently california is processing applications received Oct 2007. Yours was submitted in July 2007. You are outside processing time for the "straight forward cases" and you are probably being looked at right now to get set up an interview. (because of waiver)


                  IMO, I would not be traveling at this stage of the game unless it was only going to be 2 or 3 weeks maximum time out of country. I would also have someone watching the mail in case you were notified of an interview!!

                  Make an infopass appointment to check on your application as it is technically outside of the processing time.</span> </div></BLOCKQUOTE>

                  Thanks for your valuable reply,

                  I spoke with one of the customer representative at NCS. He said its going to take a year to process and I am planning to leave to leave on mid of June. I am not sure that a good time to travel also I need to stay atleast a month abroad. I guess there may be a month gap between interview notification letter and interview ? I have a friend he is checking mail when I am abroad. I have an infopass appointment at first week of May but this is waht I heard when we took an appointment or call NCS for status, they will get attension on my case and take necssary actions ( May happens some cases) If something like happend I am seeing my interview on month of June 2008 so I am not sure I will go for that infopass appointment. Please let me know your suggestion in this situtation.
                  Thanks
                  Mathew

                  Comment


                  • #10
                    During the process if you travel out side of the U.S. it will be known to the Immigration, As such the Airlines have to to mail the copy of Manifest to the USCIS.
                    It is better to follow the instruction of 4now.

                    Comment


                    • #11
                      I am not sure this thread is still active. Anyway I filed N-600 few weeks back. I already got NOC and Bio-metric appointment. Is it make any diffence on my I-751 petition? I know USCIS need to adjudicate I-751 before N-600 but I am not sure is all these process is going to be favour my i-751. Pls. advice. Thanks in advance

                      Comment


                      • #12
                        Where Is The "PAIN" Confusion? That It Didn't Work Out With The Woman You loved So dearly, As To Marry, Forever and Always!!!???? I Only See Concern For Status! . Please Direct Me To The Statememt Where The Love For Your USC Really Affected Your Heart????

                        GIVE ME A G D BREAK!!!!

                        MARRIAGE TO USC DOES NOT = AUTOMATIC RESIDENCY HERE IN USA!!!! ALWAYS A TOOL!!!!!
                        USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who y

                        Comment


                        • #13
                          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Mathew:
                          I am not sure this thread is still active. Anyway I filed N-600 few weeks back. I already got NOC and Bio-metric appointment. Is it make any diffence on my I-751 petition? I know USCIS need to adjudicate I-751 before N-600 but I am not sure is all these process is going to be favour my i-751. Pls. advice. Thanks in advance </div></BLOCKQUOTE>


                          Hello Matthew and welcome back to the forum.

                          I take it that you did your trip in June and came back with no problems.

                          I am sure you meant to say you filed for N-400 based on 5 years residency.. correct?

                          In anyway, when you get interview etc for citizenship, it may force uscis to adjudicate your 751 if you are already outside of processing times.

                          Please let us know, and thank you for coming back and using the same thread for background purposes.

                          I hope you get 2 approvals soon.

                          Comment


                          • #14
                            Alright, Here I am. I am happy to share my experience with you all of you, may be its help someone who is in situattion.

                            My I- 751 is approved during the N-400 interview and I am waiting for my N- 445 ( Oath notification) but next month again I need to travel outside US. Is it OK to travel ouside US in after N-400 interview and before oath? same time I am planning to get married so what are the complications if I answered YES to two first questions of N-445 1) Have you married 2) Have you travelled outside? I really appreciate someone's experience in this issue or advice

                            Comment

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