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Results 1 to 5 of 5

Thread: I-751 and I-360

  1. #1

  2. #2
    See below
    It's just my opinion. NOT a leagl advice.

  3. #3
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by QT:
    Hello,

    I am a foreigner and have a couple of questions regarding I-751 and I-360.
    My 1st (joint) I-751 was denied due to "failure" to submit the evidence (they were submitted and proof was a certified receipt) requested at the "interview" (that never really happened - the purpose of us coming to the office was to handcuff my ex on FBI warrant (he is a born US citizen, not immigrant). I was stripped of any and all income, lost the house, job, career.

    My motion to reconsider was denied thanks to my stupid lawyer and after i got my marriage annulled. I've never heard anything else from immigration. My case was just buried and I was never put into removal proceedings. I, myself, called ICE office trying to find out why I was not being removed....LOL Yes, it is funny now when they were looking at my file and seeing that even though my status was terminated, there was no removal order, thus they couldn't arrest me and, asa result, I couldn't have a chance to go infront of the immigration judge.

    Anyway, I filed I-360 and another I-751 with the good faith marriage waiver and request to withdraw my prior "joint" I-751.

    I-360 (VAWA) was filed with the fee waiver (not allowed to work for a couple of years).
    The fee waiver for my I-751 was denied and the application was returned to me a couple of months later. I borrowed $ and re-filed it. Over month and a half, nothing happened, so i called in and it took them a couple of weeks to find my application (somehow they managed to lose it). When they found it, they stamped it per date they found it, not physically receiving it (over 45 days).

    I finally got the extension of my conditional status letter (well, have no idea how that could work, as i had my status terminated a couple of years prior) and biometric's appointment. When I went to the office to stamp my passport for conditional status, the officer went to his supervisor and came back stating that my case has been approved and that I'd get the letter within couple of weeks. He then gave me a temporary 30-day evidence stamp for LPR status. Now, 30 days expired and I didn't get anything, so I went back there. Now the officers were staring at the computer and saying that my case is pending.

    So, now I've got a piece of paper with my photo and a finger print and a note that my was I-751 pending. I have no idea what's going on with it and what will be the outcome.

    Meanwhile, my I-360 got approved. I have a child listed as a derivative (lives in another country).

    My question is: what do i do now? Do i wait for I-751 decision? Do i apply for the citizenship (if they'd reinstate my status, I've been in a Legal status enough time (5 years)).
    Then, what do i do with I-360 and the child? If I file I-130 for the kid under approved I-751 (assuming they'll approve it), I'd have to show my income for the past year or so, and I can't show it, because I was not allowed to work here.

    If I drop the I-751 idea (or it gets denied, or subsequent naturalization might get denied), then I'd use the I-360 to start all over and file I-485? I am very well aware that I-360 is like a green light. I can have a support waiver for a child and getting the citizenship would get easier.

    Sorry for giving a long write-up, but I wanted to give you the picture of what was going on. My main question might be the following: Is there any way to "merge" I-360 and I-751? or to transfer the benefits? Or file that form (forgot the name, but something like notice on approved petition/form)?

    If you understand what I am talking about, please chime in. I'll appreciate it a lot.

    Thanks! </div></BLOCKQUOTE>
    If your I751 is pending adjudication, you can still apply for naturalisation and if scheduled for an interview for the N400, and the I751 is still not adjudicated, both will be done at the naturalisation interview. Frankly, I am not sure why you would need an I360 if you were eligible to self-petition to remove conditions. The waiver options include abuse (which is essentially the same as the VAWA claim).
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

  4. #4
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by QT:
    My 1st (joint) I-751 was denied due to "failure" to submit the evidence (they were submitted and proof was a certified receipt) requested at the "interview" </div></BLOCKQUOTE>

    well something sounds werid here,and its amazing that no one notice it....anyway.
    You say your first "JOINT" menaing you filed with your spouse together.And it was not approved??? LOL Yeah, I truly wonder why.Actually you never really need to sent any evidence,its adviced,because you get approved without an interview...but if they denied your application without an interview? not to mention if was also a joint application???
    Something is weird and fishy here...
    You do not even mention how long u have been married? and when you got divorced etc etc...

    U got lost of gaps in your looooong story...unable to really give any advice and answers

  5. #5

    wow, ...

    Quote Originally Posted by HBKHBK View Post
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by QT:
    My 1st (joint) I-751 was denied due to "failure" to submit the evidence (they were submitted and proof was a certified receipt) requested at the "interview" </div></BLOCKQUOTE>

    well something sounds werid here,and its amazing that no one notice it....anyway.
    You say your first "JOINT" menaing you filed with your spouse together.And it was not approved??? LOL Yeah, I truly wonder why.Actually you never really need to sent any evidence,its adviced,because you get approved without an interview...but if they denied your application without an interview? not to mention if was also a joint application???
    Something is weird and fishy here...
    You do not even mention how long u have been married? and when you got divorced etc etc...

    U got lost of gaps in your looooong story...unable to really give any advice and answers

    I understood the foreigner way better than the attorney on this one, ....

    This post is only 12 years old, lol, ... but the "posting rude while uninformed" response that the attorney
    posted motivated me to register to post on this forum for the first time ever.

    Not submitting evidence w/an I-751 is a horrible idea. Not grasping that USCIS denied her application
    when she went to the interview after submitting a joint 751 bewilders.

    Not sure if the attorney's around any more, but, .... maaaan, .....

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