Announcement

Collapse
No announcement yet.

I-751 Intention of denial letter-need advice thx

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • I-751 Intention of denial letter-need advice thx

    Ok... Few days ago I got the intention of denial of my I 751. I got married in 2005 and I divorced in 2006. I first came to the US with an student visa and stopped studying cause getting married, long story short, she cheated on me. I have no way to prove it. But she did confess to me, treated me really bad at the end of the marriage, got me a venereal disease and then got married 3 months later with the dude, i was younger then, so never really cared about getting proof of a bonafide marriage, so at this point have few proof of joimt things. I filed the waiver and then filed additional proof, then got my interview. Bad interview, the officer was an ***, kept raising his voice, did not let me talk and was very very sarcastic. It almost made me cry, i tried to explained him but he was just contradicting every single thing I said. Well less than a month after i got this letter, in the officer analysis, pretty much he says that it looks like its a sham marriage, and refutes every single one of my proof, even the affidavits. Im a musician and after all these years of struggling i got a chance with Sony to start working on my project. I recently went to Mexico to talk to the label and set a game plan, well ... Its not my intention to stay here really, but to be able to come here to the states and perform is.(work) So Im lost at this point cause i know my options pretty much are: file another waiver and wait, but i need to be able to work and play abroad, be on tour, come back to the states, etc... Another option i guess, someone please tell me, is just leave the country when they ask me to and come with a working visa. Now.... all my musicians are from the US so thats another problem, and i have my life here too, girlfriend, etc... I just want to be able to play. Will they punish me if i leave for years?. What would you guys advice me? Thank you!

  • #2
    Ok... Few days ago I got the intention of denial of my I 751. I got married in 2005 and I divorced in 2006. I first came to the US with an student visa and stopped studying cause getting married, long story short, she cheated on me. I have no way to prove it. But she did confess to me, treated me really bad at the end of the marriage, got me a venereal disease and then got married 3 months later with the dude, i was younger then, so never really cared about getting proof of a bonafide marriage, so at this point have few proof of joimt things. I filed the waiver and then filed additional proof, then got my interview. Bad interview, the officer was an ***, kept raising his voice, did not let me talk and was very very sarcastic. It almost made me cry, i tried to explained him but he was just contradicting every single thing I said. Well less than a month after i got this letter, in the officer analysis, pretty much he says that it looks like its a sham marriage, and refutes every single one of my proof, even the affidavits. Im a musician and after all these years of struggling i got a chance with Sony to start working on my project. I recently went to Mexico to talk to the label and set a game plan, well ... Its not my intention to stay here really, but to be able to come here to the states and perform is.(work) So Im lost at this point cause i know my options pretty much are: file another waiver and wait, but i need to be able to work and play abroad, be on tour, come back to the states, etc... Another option i guess, someone please tell me, is just leave the country when they ask me to and come with a working visa. Now.... all my musicians are from the US so thats another problem, and i have my life here too, girlfriend, etc... I just want to be able to play. Will they punish me if i leave for years?. What would you guys advice me? Thank you!

    Comment


    • #3
      Did you leave the U.S. at any time? Did you have advanced parole? If not, you are out of luck. By leaving while out of status, you abandoned your application. Otherwise, USCIS is convinced the marriage was not legitimate, so you will be placed in removal proceedings. Get a good lawyer.

      Comment


      • #4
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by devoted:
        Ok... Few days ago I got the intention of denial of my I 751. I got married in 2005 and I divorced in 2006. I first came to the US with an student visa and stopped studying cause getting married, long story short, she cheated on me. I have no way to prove it. But she did confess to me, treated me really bad at the end of the marriage, got me a venereal disease and then got married 3 months later with the dude, i was younger then, so never really cared about getting proof of a bonafide marriage, so at this point have few proof of joimt things. I filed the waiver and then filed additional proof, then got my interview. Bad interview, the officer was an ***, kept raising his voice, did not let me talk and was very very sarcastic. It almost made me cry, i tried to explained him but he was just contradicting every single thing I said. Well less than a month after i got this letter, in the officer analysis, pretty much he says that it looks like its a sham marriage, and refutes every single one of my proof, even the affidavits.

        Im a musician and after all these years of struggling i got a chance with Sony to start working on my project. I recently went to Mexico to talk to the label and set a game plan, well ... Its not my intention to stay here really, but to be able to come here to the states and perform is.(work)

        So Im lost at this point cause i know my options pretty much are: file another waiver and wait,


        <span class="ev_code_RED">NOT</span>

        but i need to be able to work and play abroad, be on tour, come back to the states, etc... Another option i guess, someone please tell me, is just leave the country when they ask me to and come with a working visa. Now.... all my musicians are from the US so thats another problem, and i have my life here too, girlfriend, etc... I just want to be able to play. Will they punish me if i leave for years?. What would you guys advice me? Thank you! </div></BLOCKQUOTE>

        Hello devoted and welcome to the forum

        First note... If you are out of the country at this writing, I suggest you get back to the usa before your application is officially denied and your status officially terminated.

        Once you are officially denied , your residency will be terminated and you will be placed in removal proceedings where you will go before the Immigration judge. There you will have a chance to become a permanent residence becauswe the it will be up to uscis to be able to prove their case against you.

        You say that uscis has refuted all your evidence and even the affidavits.

        What evidence was submitted with your 751 waiver, and who wrote the affidavits 4U?

        How long did the marriage last after the 1st interview?


        You must fight in court for the decision to not go down as a sham marriage. this will impact your future if you ever decide to marry a usc again.

        You need to get a good immigration attorney once you are denied. You need one with experience. Do not get rookie or paper pusher type immigration attorney.

        It will be most likely a year or more before you go into proceedings. In the meantime, you can start doing research on visas used for musicians and entertainers. or cultural exchange visa such as Q if you meet the requirements.

        Good luck

        Comment


        • #5
          Im in the us now. I had few proof because prob it was my mistake to not really care about the whole getting proof together thing. I had pictures, a bank account, car insurance, triple AAA. Utilities were under her name cause of the fact that her parents bought a house and put it under her name, dad wanted that to be like that. Was a 700k house, we lived on the 3rd floor. Affidavits were written by two of our friends, uscs. I also presented my medical exams but the officer wrote, you could ve been the one who gave her that, then... I wrote on my testimony that the fact that she married a guy that i knew cost me in terms of work because he would work the same sites that i did and i wanted to avoid confrontation since he was a bully, but the prob here is that i never filed policd reports or did anything because i just didnt think that that could be saving my *** now. Still i have the letter that allows me to travel till next month but... I am required to travel abroad to go record. This intention of denial is asking me for more proof which i dont have really. Im going in the next few days to the lawyer, but... Should i reply that notice and... Whats coming next?

          Comment


          • #6
            Thank you guys. I, shortly after the 1st interview filed 4 divorce, but is not my intention to stay here in the US, just want to be able to come back and play a show

            Comment


            • #7
              Hi Devoted,

              There are visa's available to come back to the US and perform shows. It doesn't sound good for you proving a bona fide marriage - sorry. You guys didn't pass the two year mark, right? Not good and you don't have enough proof that it was in good intentions. I wish you the best, but I don't think USA can be a permanent home for you just now. Good luck.

              Comment


              • #8
                Another Fraudster Beats The System !!!

                Comment


                • #9
                  4now is right. You need to fight it now because once the IJ has decided it was a sham marriage, you will find it very hard to get any visa at all in the future to return here.

                  Time for a good immigration lawyer I'm afraid.
                  "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

                  Comment


                  • #10
                    <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 devoted:
                    Ok... Few days ago I got the intention of denial of my I 751. I got married in 2005 and I divorced in 2006. I first came to the US with an student visa and stopped studying cause getting married, long story short, she cheated on me. I have no way to prove it. But she did confess to me, treated me really bad at the end of the marriage, got me a venereal disease and then got married 3 months later with the dude, i was younger then, so never really cared about getting proof of a bonafide marriage, so at this point have few proof of joimt things. I filed the waiver and then filed additional proof, then got my interview. Bad interview, the officer was an ***, kept raising his voice, did not let me talk and was very very sarcastic. It almost made me cry, i tried to explained him but he was just contradicting every single thing I said. Well less than a month after i got this letter, in the officer analysis, pretty much he says that it looks like its a sham marriage, and refutes every single one of my proof, even the affidavits.

                    Im a musician and after all these years of struggling i got a chance with Sony to start working on my project. I recently went to Mexico to talk to the label and set a game plan, well ... Its not my intention to stay here really, but to be able to come here to the states and perform is.(work)

                    So Im lost at this point cause i know my options pretty much are: file another waiver and wait,


                    <span class="ev_code_RED">NOT</span>

                    but i need to be able to work and play abroad, be on tour, come back to the states, etc... Another option i guess, someone please tell me, is just leave the country when they ask me to and come with a working visa. Now.... all my musicians are from the US so thats another problem, and i have my life here too, girlfriend, etc... I just want to be able to play. Will they punish me if i leave for years?. What would you guys advice me? Thank you! </div></BLOCKQUOTE>

                    Hello devoted and welcome to the forum

                    First note... If you are out of the country at this writing, I suggest you get back to the usa before your application is officially denied and your status officially terminated.

                    Once you are officially denied , your residency will be terminated and you will be placed in removal proceedings where you will go before the Immigration judge. There you will have a chance to become a permanent residence becauswe the it will be up to uscis to be able to prove their case against you.

                    You say that uscis has refuted all your evidence and even the affidavits.

                    What evidence was submitted with your 751 waiver, and who wrote the affidavits 4U?

                    How long did the marriage last after the 1st interview?


                    You must fight in court for the decision to not go down as a sham marriage. this will impact your future if you ever decide to marry a usc again.

                    You need to get a good immigration attorney once you are denied. You need one with experience. Do not get rookie or paper pusher type immigration attorney.

                    It will be most likely a year or more before you go into proceedings. In the meantime, you can start doing research on visas used for musicians and entertainers. or cultural exchange visa such as Q if you meet the requirements.

                    Good luck </div></BLOCKQUOTE>
                    I beleive the venereal disease made the immigrant inadmissible. \

                    If devoted just wants to come back and play for a show, then I would suggest agreeing with the initial denial letter since it is not the intention to permanently stay in the U.S.
                    "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

                    Comment


                    • #11
                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Brit4064:
                      4now is right. You need to fight it now because once the IJ has decided it was a sham marriage, you will find it very hard to get any visa at all in the future to return here.

                      Time for a good immigration lawyer I'm afraid. </div></BLOCKQUOTE>
                      Trit,
                      I don't think it is the IJ making the denial nor it may be a sham marriage. If the OP's intentino is to live abroad, not in the U.S., then the I-751 would do no good. If he can, he can withdraw the petition stating that the OP wants to live outside the US and not as a perm resident. If could potentially get a visitor's visa if he can show that he has ties to his home country. Fighting this may cause more trouble.
                      "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

                      Comment


                      • #12
                        @ Trit..ooops I mean Brit..

                        I seriously do not know what planet Hudson is reading this thread from


                        Devoted

                        You filed a divorce shortly after the 1st interview. The marriage did not last the required 2 yr conditional timeframe. You have very little to no evidence after the 1st interview. This is your problem. They are not interested in evidence that was presented at the first interview which it appears that you presented to remove conditions.

                        Question.. How long did you have a relationship with your wife before you got married? this will be important factor for a strategy.

                        Did you file a JOINT tax return together to include as evidence?

                        Also complete a affidavit yourself about the affair and how you received a VD from her and include copy of the medical report with your affidavit to be submitted as evidence with the RFE. Any thing no matter how little that you can think of that can be used AFTER the first interview, submit that. This way all the evidence will be officially submitted that the IJ can review if you get denied.

                        You need to write a painful story of hurt and betrayal that is sad. I hope the med report coincides with the dates of the filing for divorce.

                        If you had a longtime relationship prior to marriage, ask your wife for a affidavit explaining that you were married in good faith, but she met someone else and married them.
                        things did not work out because of this and it was not your fault.


                        A future marriage to usc is the reason it is neccessary for you to fight to not have it on record as being a sham marriage. it will cause you major problems next time. It is ok to be denied by uscis as not enough evidence for the 2yr conditional period. This is normal. It will be up to the IJ in the end if you fight it. He/she do not always see things the same as uscis.

                        Other option... if your girlfriend is usc, she may want to marry you so that you do not have to go. If so, do it before you go into removal proceedings. this would be another nightmare.

                        Again, good luck with life and your music career.

                        Comment


                        • #13
                          Hudson, the problem is as 4now mentioned that if the IJ decides it was a sham marriage based on the evidence the USCIS will put forward, any future visa application will be viewed as having immigrant intent which is why he should fight it now so it does not get recorded as such in those big, mighty USCIS computers.

                          It's the USCIS who have to defend their decision in front of the IJ not the applicant for a I-751. One of the few times the USCIS has to defend their position and some lawyers say they aren't very good in the defense role.
                          "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

                          Comment


                          • #14
                            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Brit4064:
                            Hudson, the problem is as 4now mentioned that if the IJ decides it was a sham marriage based on the evidence the USCIS will put forward, any future visa application will be viewed as having immigrant intent which is why he should fight it now so it does not get recorded as such in those big, mighty USCIS computers.

                            It's the USCIS who have to defend their decision in front of the IJ not the applicant for a I-751. One of the few times the USCIS has to defend their position and some lawyers say they aren't very good in the defense role. </div></BLOCKQUOTE>
                            I understand that Brit. However, if the OP has no intention to stay in the U.S., then the I-751 will be denied anyway and still provides risks for him obtaining a non immigrant visa in the future, regardless of the reason. And if the intent of the OP is to come occasionally to the U.S. and play, then withdrawing the petition makes the best course of action and that the intention for him is not to stay in the U.S. I think USCIS will drop the argument for sham marriage and he would be free to travel to the U.S. occasionally. The argument that 4now is presenting is not only risky, but ineffective given the facts presented by the OP.

                            Here is how USCIS attorneys might handle the issue before the IJ

                            1) Concentrate on the argument of the sham marriage with the lack of evidence for a bona fide marriage. If the OP has only has the evidence that the Adjudication officer had, it will be hard for the OP to defend it.

                            2) Argue that the OP is inadmissible starting from the date of arrival because the OP has a public health hazard, ie the venereal disease. Since the OP is not able to prove where it came from or how he got it, USCIS will put him in removal proceedings.

                            3) Or concentrate that his intentions was never to stay in the U.S. and that the days which he is out of status start the day the divorce is final. If the laspse is more than a year, then a 10 year ban would be in place.

                            It is why I think the best option is withdraw his petition for removal of conditions, stay out of the country for a couple of years or so, and then return. Concentrate on his mousic abroad. If successful, it would be easier for him to obtain the desired visa to work in the U.S.
                            "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

                            Comment


                            • #15
                              hello devoted,

                              Its not as bad as it seems... get a good immigration lawyer. The USCIS may have something concrete in order to accuse or find you guilty of fraud. And the IJ is going to see the whole picture and decide in your case when you go to removal. Many 751 waiver applicants have a short marriage after getting AOS approved, they also may or may not have a lot of evidence from that point..but that doesn't mean its a FRAUD marriage. So your lawyer has to be well versed in cases like yours and develop a solid strategy. What state are you from? Regular posters over here can guide you to an immigration lawyer for your case. DO NOT GO TO A ROOKIE!

                              Comment



                              Working...
                              X