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Thread: Joint I-751 submitted last year, case abandoned because didn't respond fingerprint

  1. #1
    Complicated situation I have now.
    I submitted a joint I-75 in May 2007. After that I never received anything, not even a receipt. I kept calling the 1800 # and they just kept telling me to wait.
    Until Feb 1, this year 2008, I received a Notice of Decision, telling me that my case has been abandoned because I didn't respond to the finger print notice that they sent to me in July 2007.
    The stupid thing is that 1800 # told me in Sept 2007 that NOTHING HAS BEEN SENT TO ME YET.
    The 1800 number totally misinformed me.
    And again they misinformed me on the appealing procedure. That's why now I'm too late to appeal....!

    Also there's a divorce pending, which maybe finalized in October..

    I don't know what to do!
    the Notice of Decision is telling me next step is there'll be a review in front of immigration judge due to not responding to the fingerprint.

    And at the same time, there's a divorce pending..

    Anyone know what I should do????

    Thanks

  2. #2
    Complicated situation I have now.
    I submitted a joint I-75 in May 2007. After that I never received anything, not even a receipt. I kept calling the 1800 # and they just kept telling me to wait.
    Until Feb 1, this year 2008, I received a Notice of Decision, telling me that my case has been abandoned because I didn't respond to the finger print notice that they sent to me in July 2007.
    The stupid thing is that 1800 # told me in Sept 2007 that NOTHING HAS BEEN SENT TO ME YET.
    The 1800 number totally misinformed me.
    And again they misinformed me on the appealing procedure. That's why now I'm too late to appeal....!

    Also there's a divorce pending, which maybe finalized in October..

    I don't know what to do!
    the Notice of Decision is telling me next step is there'll be a review in front of immigration judge due to not responding to the fingerprint.

    And at the same time, there's a divorce pending..

    Anyone know what I should do????

    Thanks

  3. #3
    Hi Kimmy.

    Welcome to ILW!

    You need to consult a lawyer.

  4. #4
    A CoMpLeX MiNd. AlL GrEaT CrImInAlS HaVe tHaT.
    Everything comes in circles ....... The old wheel turns, and the same spoke comes up. It's all been done before, and will be again.

  5. #5
    hi kimmy and welcome to ilw ,
    actually if i was in your setuation i wont worry about it too much and i wont hire an attorney as well , and advice from me,dont you ever in your life believe or call the 800# line, those ppl are disaster and they know nothing about immigration and they are not real immigration officers anyway and sorry to hear about your setuation and dont waste your time with appeals or motions to reopen bcoz this takes forever and doesn't work all the times but here is what u need to do for now , start getting all the evidence to prove the bonafide of your marriage and wait until your divorce become final and file a new i-751 (waiver) . the same i-751 form but you will file it based on the divorce and you have to mark it on (part 2 (d)) that you entered the marriage in a good faith and the marriage was terminated trough divorce and your requesting a waiver for the jointly filing .and once you file the waiver you will get the one year extention again and you go from there .one bad thing and one good thing about filing the waiver, the bad part is that you have to start all over again which means more delays and the good part that you will get your status back and you will be able to work legally . and i advice you not to leave the country at this stage no matter what the reason is bcoz they wont let you back in . just be carefull when you file it, try to get as much as evidence you can get to prove that your marriage was real ,no messing documents,no mistakes when you file the form. some ppl will advice you to appeal etc... i dont think its a good idea bcoz if your going through divorced by the time they try to make a desicion on your case you will be divorce ! so whats the use, if it was me i will wait for the divoce to become final and i will refile it and request the waiver . good luck

  6. #6
    Thanks for your reply!

    Can you explain how you were in my situation??
    Did you also applied for I-751 on self petition and proving bonafide marriage??

    If you were...please share your experience..thx!

    I'm just so nervous to self-petition because even tho' my marriage was bonafide, we were pretty poor and didn't have too much assets or bills...etc together...we had some joint documents but not very much.

    Also, the whole marriage was almost 4 years but the divorce was filed at 1.5 years into the marriage.......we fought alot....>___<

    So....I'm pretty nervous to the result of self petition....

  7. #7
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Also, the whole marriage was almost 4 years but the divorce was filed at 1.5 years into the marriage.......we fought alot....&gt;___&lt; </div></BLOCKQUOTE>
    what do you mean? and not alot of evidence better than no evidence at all but in this setuation you have to get letters from family members and friends,and if you can get a letter from your wife this will help you alot, if not try to get letters from her family members and very close friends etc.... not sure what you have exactly but try to post it here . i was at the same setuation ,my i-751 was pending and i got divorce before the approval but i withdraw it ,i didn't respond to it bcoz i was with somebody else so i Abandoned my i-751 and i started all over based on my new marriage but that was my choice . i have all kind of evidence for my previous marriage but i didn't want anything to do with my ex so i just Abandoned the i-751 and i left the country , but anyway go ahead and let me know what evidence exaactly do u have and we will see

  8. #8
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by kimmy:
    Thanks for your reply!

    Can you explain how you were in my situation??
    Did you also applied for I-751 on self petition and proving bonafide marriage??

    If you were...please share your experience..thx!

    I'm just so nervous to self-petition because even tho' my marriage was bonafide, we were pretty poor and didn't have too much assets or bills...etc together...we had some joint documents but not very much.

    Also, the whole marriage was almost 4 years but the divorce was filed at 1.5 years into the marriage.......we fought alot....&gt;___&lt;

    So....I'm pretty nervous to the result of self petition.... </div></BLOCKQUOTE>


    Hello Kimmy

    It sounds like you have a bad situation here.
    Unfortunately, you have no choice but to self petition now.

    I know you seem nervous about that, but it sounds like you should have been nervous even about the joint petition. There is no way that uscis had your correct address to have missed the receipt, fingerprints notice. Did your wife snatch them and not give them to you? Or maybe where you had them sent to , you actually did not live at?


    Now it is not clear about your timeline. It looks like she filed for divorce or you did before the timeframe of filing to remove conditions. When did the two of you seperate?

    Did you ever comeback together to live as man and wife again? Did your wife sign the 751 to just help you out in hopes that it would be approved before the divorce? The marriage "on paper" lasted 4 years.... would I be correct in saying that actual marriage only lasted 1 1/2 years, and that is reason for not a lot of evidence?

    You do not have any grounds to reoopen this 751 joint case, because divorce is pending. The joint case should never have been filed unless that divorce was withdrawn. Even if you had gotten an approval , it would have been taken away from you later if you ever applied for citizenship. It would have come out that you were not together. It will also come out when you apply for the waiver. Little evidence, misrepresentation will not look good.

    IMO, best suggestion if wife is willing to withdraw the divorce and live with you again until the case is adjudicated. I suspect it will go to interview, so living together will be essential to have your case approved and with strong evidences. This is the only way that a reopen on the joint case will fly. Other than that, you will have to wait until the divorce is final to file a waiver that may or may not be approved. (latter most likely based on evidences)

    OPTION 2.. get married again and file adjustment under new wife. 1st marriage will have to still be proven that it was legitimate and not a sham. Otherwise, new marriage will not be approved either.

  9. #9
    Thanks for your reply, 4now.

    I know self petition seem like the only choice now...but I keep thinking as long as divorce is not final yet..I can take a shot at re-applying Jointly now..just to see if it gets approved, if not then I submit another waiver when divorce is finalized end of Sept.-----------which actually won't really work because of lack of evidence..since last year when I submitted I-751 jointly until now, since we've been separated.. -- so you are right, I'm nervous to apply jointly as well..

    You said there's no grounds to reopen my case. But I've been thinking about it and the ground to reopen would be that I never received a receipt nor the fingerprint notice! And I actually thought about it and thought the best way is probably to appeal to my previous joint application that was abandoned because I didn't respond to the fingerprint notice..because I was actually mislead by the 1800 #..


    To answer your question, (by the way, I'm the wife here...) my husband filed for divorce before the timeframe of filing to remove conditions.

    We separated for 4-5 months after we were married for 1 year and then got back together to reconcile..and it didn't work out again...and separated..so it was reconciling and then something would happen like his job or my job schedule doesn't work out for us to spend time together...and then conflict would happen and we'd be separated again..

    And he always took off travelling during our separation and I could never get a hold of him when he does...

  10. #10
    [/QUOTE]
    but anyway go ahead and let me know what evidence exaactly do u have and we will see[/QUOTE]

    Hi Mike_2007

    Ok. Actually, I do have some evidences during the first 1.5 years when the marriage was still intact.
    However, after the divorce was filed and we moved out of the apartment, things were different....
    But all the evidences combined---before separating and after separating are:

    (1) lots of *** of different events/parties we went together
    ----we didn't have a proper wedding, cuz like I said, we were pretty broke and kind of eloped..
    (2) joint bank accounts for about 2-2.5 years
    (3) utility bills: water, gas, eletricity
    (4) joint tax return for the first year into the marriage...but none after that since we were separated and PLUS, the reason we filed separately was for financial reasons..it was favoring the both of us financially if we filed separatly
    (5) affidavit from 2 friends...but this wouldn't be affidavit for now..but before we were separated
    (6) love letters, emails...

    I really want to try to appeal to my joint I-751 that I submitted last year...because we were still married and working things out back then, last year when we submitted jointly----it's just my bad luck that I never received the fingerprint notice!!!

    because I'm not divorced yet and I can't submit a self-petition until I'm divorced, cuz they require a divorce decree along with self-petition.

    However, appeal has to be done within 30 days of the decision. And I'm soo late, like few months late to appeal. So I'd have to be prepared they won't take that.

    But I think I still wanna take a shot at appealing because re-applying jointly won't work since I don't have much evidence since last year until now.

    And self-petition I also don't have the divorce decree yet...PLUS..I think it's just so much harder to get approved if I self-petition right???

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