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Thread: I-751 petition may be denied, how to re-enter the US

  1. #1
    I came to the US on a student visa in 2002, met a US citizen and married him after dating for 2 years at which time I still had a student visa remaining for 2 years. The marriage did not last due a multitude of reasons (who is to say that a alien/citizen marriage has to last longer than a citizen/citizen marriage) and I submitted my I-751 form in time. I am afraid that my petition may get denied as I have submitted a lot of proof but we did not have children and only his name was on the house. I have not commited any crimes and read that I could leave the country freely if I can pay for my ticket and was a "good" citizen in the past.
    The only reason I am considering this is because I have been with my current boyfriend for about 2 years and we have talked about marriage and while Germany is great, I have made a life for myself here and do not want to Europe at this time as his position as an officer in the Navy prevents him from moving there at this time.
    If I leave freely, I know that I may return at any time. My question is, is there a cap on how long I need to wait to receive a Green Card as my boyfriend and I talked about filing a K-1 visa for me to come back? I am not afraid of proofing that our relationship is real as we have plenty of evidence. I would rather appeal the case should they say I am being deported, since I entered the marriage in good faith but I don't want to risk my appeal being denied and not being able to return to the US for 10 years.

    My interview is this Friday and while it may not even be denied, I would like to be prepared as to what to do afterwards should I have to leave the US. If I leave the US freely and re-enter the US based on a K1 Visa, will I be able to receive my Green Card afterwards or is there a restriction?

    PS: Don't get me wrong, the US is great but I don't need to scam the US government in order to escape Germany and the family that I have there. If I wanted to stay in the US by all means, I could have just continued going to school here or gotten a work-related visa as my job right out of college was for a German company.

  2. #2
    I came to the US on a student visa in 2002, met a US citizen and married him after dating for 2 years at which time I still had a student visa remaining for 2 years. The marriage did not last due a multitude of reasons (who is to say that a alien/citizen marriage has to last longer than a citizen/citizen marriage) and I submitted my I-751 form in time. I am afraid that my petition may get denied as I have submitted a lot of proof but we did not have children and only his name was on the house. I have not commited any crimes and read that I could leave the country freely if I can pay for my ticket and was a "good" citizen in the past.
    The only reason I am considering this is because I have been with my current boyfriend for about 2 years and we have talked about marriage and while Germany is great, I have made a life for myself here and do not want to Europe at this time as his position as an officer in the Navy prevents him from moving there at this time.
    If I leave freely, I know that I may return at any time. My question is, is there a cap on how long I need to wait to receive a Green Card as my boyfriend and I talked about filing a K-1 visa for me to come back? I am not afraid of proofing that our relationship is real as we have plenty of evidence. I would rather appeal the case should they say I am being deported, since I entered the marriage in good faith but I don't want to risk my appeal being denied and not being able to return to the US for 10 years.

    My interview is this Friday and while it may not even be denied, I would like to be prepared as to what to do afterwards should I have to leave the US. If I leave the US freely and re-enter the US based on a K1 Visa, will I be able to receive my Green Card afterwards or is there a restriction?

    PS: Don't get me wrong, the US is great but I don't need to scam the US government in order to escape Germany and the family that I have there. If I wanted to stay in the US by all means, I could have just continued going to school here or gotten a work-related visa as my job right out of college was for a German company.

  3. #3
    I have never heard of an I-751 ever being denied regardless of lack of evidence; you can be married on paper for one day and they would approve it; I would not worry.

  4. #4
    Thank you for the quick response. However, I have heard of some who were denied because they did not have a joint bank account. My ex-husband and I did not have one for the simple fact that I went to school and my parents paid for my expenses (food, car, insurance, school) and we did not want to co-mingle my ex's and their money. Plus, my parents have never had a joint bank account to this date, so I don't think a joint account is proof for the validity of your marriage.

  5. #5
    Just make up a story, profess your love, he beat you up with a stick, cry, etc...; it always works.

  6. #6
    I wold rather stick to the truth as I have to this point because you never know when Karma gets you.

  7. #7

  8. #8
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by JTQ23:
    I came to the US on a student visa in 2002, met a US citizen and married him after dating for 2 years at which time I still had a student visa remaining for 2 years. The marriage did not last due a multitude of reasons (who is to say that a alien/citizen marriage has to last longer than a citizen/citizen marriage) and I submitted my I-751 form in time. I am afraid that my petition may get denied as I have submitted a lot of proof but we did not have children and only his name was on the house. I have not commited any crimes and read that I could leave the country freely if I can pay for my ticket and was a "good" citizen in the past.
    The only reason I am considering this is because I have been with my current boyfriend for about 2 years and we have talked about marriage and while Germany is great, I have made a life for myself here and do not want to Europe at this time as his position as an officer in the Navy prevents him from moving there at this time.
    If I leave freely, I know that I may return at any time. My question is, is there a cap on how long I need to wait to receive a Green Card as my boyfriend and I talked about filing a K-1 visa for me to come back? I am not afraid of proofing that our relationship is real as we have plenty of evidence. I would rather appeal the case should they say I am being deported, since I entered the marriage in good faith but I don't want to risk my appeal being denied and not being able to return to the US for 10 years.

    My interview is this Friday and while it may not even be denied, I would like to be prepared as to what to do afterwards should I have to leave the US. If I leave the US freely and re-enter the US based on a K1 Visa, will I be able to receive my Green Card afterwards or is there a restriction?

    PS: Don't get me wrong, the US is great but I don't need to scam the US government in order to escape Germany and the family that I have there. If I wanted to stay in the US by all means, I could have just continued going to school here or gotten a work-related visa as my job right out of college was for a German company. </div></BLOCKQUOTE>

    check your private messages, there is some interesting info.

  9. #9
    The private message says what I said "Just make up a story, profess your love, he beat you up with a stick, cry, etc...; it always works." LOL

  10. #10
    If they deny it, then they put you in proceedings and you can get your green card in proceedings before the immigration judge. Better though to just get married to your b/f.

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