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  • I-751

    I got married in April of 2002 and later in August of the same year we filed the I-485 for my permanent residency.it was approved in November of the same year after an interview at the columbus Field office.
    Two years later, we filed the I-751 to remove the condition on my residency and that was around October 2004. I recived my receipt with the one year extension of my residency.

    It took about 2 years before I got a letter for my biometric test. Since I believed that my application was out the normal processing time I went to the columbus field office to check the statu since it was not available online, and they told me that the process is slow because of the FBI record check but should be done shortly.

    The record check went fine and i went back to the CFO to check again on the statu.

    here is what i was told:
    "Your application is at the nebraska service center,write them a correspondance so they can schedule you for an interview or since your aresidency is more than 3 years you qualify to apply for your citizenship".

    My wife was in prison in Nebraska for something that happen 6 years ago. I took the application to her to sign and she did and I sent the application in. She was in jail for 1 year.

    In September 2007 I was called for the citizenship examination and everything went ok.

    After 45 days I received a letter for another interview with my wife and at the time she was back to columbus but there was some problems between us. Jalousy.

    She accepted to go with me and I don;t know what happened at the interview because we were separated.

    1 month later i received a denial letter. 2 months later we divorced.

    can anyone give advice of what I should do next?

  • #2
    Hello Brother and welcome to the ILW forum


    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">My wife was in prison in Nebraska for something that happen 6 years ago. I took the application to her to sign and she did and I sent the application in. She was in jail for 1 year.


    What application did you have her sign???



    In September 2007 I was called for the citizenship examination and everything went ok.

    After 45 days I received a letter for another interview with my wife and at the time she was back to columbus but there was some problems between us. Jalousy.

    What application? I-751 interview ? or did they ask your wife to come for your citizenship interview???

    She accepted to go with me and I don;t know what happened at the interview because we were separated.

    You had a stokes interview for the i-751 interview and you failed to answer questions that matched?

    1 month later i received a denial letter. 2 months later we divorced.

    <span class="ev_code_RED">Exactly when did you file for divorce? during the interview stages or after the interview? Also, were you seperated at anytime during this marriage other than her being in prison.</span> </div></BLOCKQUOTE>

    Comment


    • #3
      Sorry it was a paper my lawyer gave me to release her information, i remember now it was not the application.

      After passing the N-400 examination, they found out that my wife was in jail in Nebraska and decided to bring her in for an interview for the I-751.

      We were separated sometime often for some personal problems and that is why I wanna to divorce her since the beginning of 2007 but she made it difficult by asking a whole lot of things I could not offer at the momment. I waited for the right momment and hired an attorney, the divorce was finilized April 2008.

      we went to the interview in December 2007 and the decision was made in the beginnig of february 2008.

      the I-751 application was filed in October 2004 and the N-400 was filed in March 2006.

      Comment


      • #4
        the divorce was filed after the interview

        Comment


        • #5
          what happened with I-751? have you recevied the final decision or not yet?

          If not, you have to file a new one now that you are divorced.

          You applied for citizenship based on 3 year rule which you did not qualify for...(living with USC). You can file now since you've been resident for more than 5 years (but first take care of I-751 if that's not done !!).

          Well, that's my understanding of your post... 4now read it differently what is it?

          Comment


          • #6
            Thanks Aneri. My I-751 was denied by the columbus field office and they sent me to the judge for a deportation hearing which I don't understand. I was with my wife from 03/2005 to 06/2008 and i understand that we were separated for some times and that started in 2005 . Before then everything was fine. My conditional residency ended in October 2004 and I did not get my interview for the I-751 to December 2007.

            Comment


            • #7
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Exactly when did you file for divorce? during the interview stages or after the interview? Also, were you seperated at anytime during this marriage other than her being in prison. </div></BLOCKQUOTE>



              Brother , please answer the questions . Please state what the letter for denial of 751 joint application was. ( I have my suspicions)


              Both applications have been denied.

              Please try to be more detailed to get help.

              Your attorney ... is he giving you advice or answers??

              Comment


              • #8
                Yes Both aplications were denied. We devorced in june 2008 that was after the interview.

                Not April, it was filed in April and finilized in June 2008.

                Comment


                • #9
                  Confused with the timeline. Brotherk, please fill in the blanks.


                  Marriage date:
                  Filed AOS date:
                  AOS interview date:
                  Wife entered prison date:
                  AOS approval date:
                  Wife came out of prison date:
                  Separated from wife date:
                  Filed I-751 date:
                  File N-400 date:
                  Filed for divorce date:
                  Divorce final date:

                  Comment


                  • #10
                    ok brother lets see if this is correct.


                    married april 2002 and received conditional card in november 2002.

                    joint petition 751 filed in 10/2004 and was pending until december 2007.

                    While 751 was pending, you applied for citizenship based on 3 yrs marriage to usc. Interview was scheduled for citizenship in sept 2007 before the 751 was adjudicated for approval. N-400 interview went fine and it forced adjudication of 751 which got scheduled in dec 2007.

                    uscis called for interview for joint 751 in dec 2007. (most likely because of wife being in prison and other unknown factors) Wifey agreed to attend interview.

                    December 2007 interview was Stokes interview where parties were videotaped and seperated for questioning because uscis was suspicious about marriage circumstances.

                    Denial letter received February 2008 for joint 751 petittion.

                    Citizenship application denied when 751 was denied.

                    OP filed for divorce in april of 2008.

                    Divorce final in June 2008.

                    OP status has been terminated and placed into removal proceedings .



                    <span class="ev_code_RED">Brotherk, please clear up anything that I may have stated wrong in regards to your timeline.</span>


                    I need the official reason for denial on the joint 751 petition.
                    You also need to come clean on the marriage splits between you and your wife. you said since 2005 you had on and off splits. Please state dates and duration of splits and reconciles and how many times.

                    Were you living together at the time that she went to prison. and What date did she do to prison? What date did she get released? When she got released from prison , did she return to live together with you to resume the marriage? (<span class="ev_code_RED">These are the most important questions to answer here!</span>)


                    Ok. Now you are in removal proceedings and your future residency is ON THE LINE ! Now that your divorce is final, the option of filing a 751 waiver is available if you have good proofs of bonafide marriage, and of course depending upon the reason for denial of the joint 751 petition. (hopefully it was not provable fraud)

                    phew

                    Comment


                    • #11
                      She has two children and her baby dad came in town from Omaha, NE to visit the children. He went to the hotel because he could not stay home with me. While he was in town she used to cook for him and never did for me. I took care of the 2 children while they were staying with my mother in law while their father is there and doing nothing. She went to visit him at the hotel and did come to the next day. So I decided to move out and I went to my friend appartment from 03/23/2005 to 05/18/2005.

                      At the time to prison we were living together. She left columbus to visit her mom in Nebraska and was pull over for speeding and arrested because of a previous warrant for check fraud she committed almost 7 years ago. she was sentenced to 1 year in prison from january 2006 to january 2007.Parole until March 26, 2007 and she came to columbus. She accused me of going out with her friend, which was not true. We had some arguments and she was telling that she is going to have me deported.

                      Everything was fine after and we went to the interview together in December.

                      Comment


                      • #12
                        [QUOTE]Originally posted by swissnut:
                        Confused with the timeline. Brotherk, please fill in the blanks.


                        Marriage date: april 16, 2002
                        Filed AOS date: June 2002
                        AOS interview date: October 2002
                        Wife entered prison date:January 2006
                        AOS approval date: October 2008
                        Wife came out of prison date: January 2007
                        Separated from wife date:March 2005 - 05/2008
                        Filed I-751 date: october 2004
                        File N-400 date: march 2005
                        Filed for divorce date: April 2008
                        Divorce final date: June 2008

                        Comment


                        • #13
                          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by 4now:
                          ok brother lets see if this is correct.


                          married april 2002 and received conditional card in november 2002.

                          joint petition 751 filed in 10/2004 and was pending until december 2007.

                          While 751 was pending, you applied for citizenship based on 3 yrs marriage to usc. Interview was scheduled for citizenship in sept 2007 before the 751 was adjudicated for approval. N-400 interview went fine and it forced adjudication of 751 which got scheduled in dec 2007.

                          uscis called for interview for joint 751 in dec 2007. (most likely because of wife being in prison and other unknown factors) Wifey agreed to attend interview.

                          December 2007 interview was Stokes interview where parties were videotaped and seperated for questioning because uscis was suspicious about marriage circumstances.

                          Denial letter received February 2008 for joint 751 petittion.

                          Citizenship application denied when 751 was denied.

                          OP filed for divorce in april of 2008.

                          Divorce final in June 2008.

                          OP status has been terminated and placed into removal proceedings .



                          <span class="ev_code_RED">Brotherk, please clear up anything that I may have stated wrong in regards to your timeline.</span>


                          I need the official reason for denial on the joint 751 petition.
                          You also need to come clean on the marriage splits between you and your wife. you said since 2005 you had on and off splits. Please state dates and duration of splits and reconciles and how many times.

                          Were you living together at the time that she went to prison. and What date did she do to prison? What date did she get released? When she got released from prison , did she return to live together with you to resume the marriage? (<span class="ev_code_RED">These are the most important questions to answer here!</span>)

                          it was denied for lake of proof of bonafide marriage. Most of the bills were under my name and only the lease and the car insurance and the phone bills were under both names. She could not open a bank account because of the chexsystem,the cable and the gas because she previously owed them. Nothing I could do.




                          Ok. Now you are in removal proceedings and your future residency is ON THE LINE ! Now that your divorce is final, the option of filing a 751 waiver is available if you have good proofs of bonafide marriage, and of course depending upon the reason for denial of the joint 751 petition. (hopefully it was not provable fraud)

                          phew </div></BLOCKQUOTE>

                          Comment


                          • #14
                            So you filed an I-751 in October 2004, three years before your AOS was adjudicated? <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Brotherk:
                            [QUOTE]Originally posted by swissnut:
                            Confused with the timeline. Brotherk, please fill in the blanks.


                            Marriage date: april 16, 2002
                            Filed AOS date: June 2002
                            AOS interview date: October 2002
                            Wife entered prison date:January 2006
                            AOS approval date: October 2008
                            Wife came out of prison date: January 2007
                            Separated from wife date:March 2005 - 05/2008
                            Filed I-751 date: october 2004
                            File N-400 date: march 2005
                            Filed for divorce date: April 2008
                            Divorce final date: June 2008 </div></BLOCKQUOTE>

                            Comment


                            • #15
                              4now quote:
                              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">
                              I need the official reason for denial on the joint 751 petition.
                              You also need to come clean on the marriage splits between you and your wife. you said since 2005 you had on and off splits. Please state dates and duration of splits and reconciles and how many times.

                              <span class="ev_code_blue">it was denied for lack of proof of bonafide marriage. Most of the bills were under my name and only the lease and the car insurance and the phone bills were under both names. She could not open a bank account because of the chexsystem,the cable and the gas because she previously owed them. Nothing I could do.
                              </span>

                              Were you living together at the time that she went to prison. and What date did she do to prison? What date did she get released? When she got released from prison , did she return to live together with you to resume the marriage? (These are the most important questions to answer here!)



                              Ok. Now you are in removal proceedings and your future residency is ON THE LINE ! Now that your divorce is final, the option of filing a 751 waiver is available if you have good proofs of bonafide marriage, and of course depending upon the reason for denial of the joint 751 petition. (hopefully it was not provable fraud)

                              </div></BLOCKQUOTE>



                              Brotherk

                              thanks for your response. It was denied for lack of bonafide evidence. Also known as suspected marriage fraud in your case.


                              <span class="ev_code_RED">Now please answer the following:</span>

                              Did you file joint tax returns in all those years together?


                              You said you received an approval in October 2008? approval for what?

                              You said you were seperated from 2005 until 2008? which is correct if u say you were living together???



                              Please answer those questions above and I will give you my best advice and course of action.
                              Your proofs were fairly good, and uscis denied you because they didnt believe the marriage was valid, and they are leaving it up to the IJ. You have further complicated the matter by getting a divorce But all is not lost and you may have a good result in the end if you give us the correct information to the questions we have asked.

                              Comment

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