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i-751 denial letter and i-485 fingerprint letter

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  • i-751 denial letter and i-485 fingerprint letter

    Not sure if this is a typical procedure.

    - I received I-751 denial letter on the same day I also received a fingerprint notice that says "to continue processing your I-485 application we need to send your fingerprint to Federal bureau of investigation.....ect"

    I have not filed I-485 yet. Even than fingerprint notice says I-485.

    Timeline
    2003 came to US – got conditional green card
    2004 got divorced
    2005 filed I-751 waiver based on the marriage
    Late 2005 – got married to USC
    Feb 2006 – I-751 interview – I told interviewer of my intention to file AOS based on my second marriage if this I-751 is denied
    Mar 30th 2006 – I-751 denial letter
    Mar 30th 2006 – fingerprint notice.

    I am now looking to file AOS based on my second marriage but really confused on two things
    1- Why they would send me a fingerprint notice which says I-485(does this has anything to do with what I told them in my I-751 interview about my second marriage and willing to file AOS???)
    2- In the new immigration reform are they looking to change the law that will take away the right from conditional resident to adjust the status even after conditional resident status is terminated.... Is this true??? Can someone please verify


    I am open for other suggestions...

    Thanks

  • #2
    Not sure if this is a typical procedure.

    - I received I-751 denial letter on the same day I also received a fingerprint notice that says "to continue processing your I-485 application we need to send your fingerprint to Federal bureau of investigation.....ect"

    I have not filed I-485 yet. Even than fingerprint notice says I-485.

    Timeline
    2003 came to US – got conditional green card
    2004 got divorced
    2005 filed I-751 waiver based on the marriage
    Late 2005 – got married to USC
    Feb 2006 – I-751 interview – I told interviewer of my intention to file AOS based on my second marriage if this I-751 is denied
    Mar 30th 2006 – I-751 denial letter
    Mar 30th 2006 – fingerprint notice.

    I am now looking to file AOS based on my second marriage but really confused on two things
    1- Why they would send me a fingerprint notice which says I-485(does this has anything to do with what I told them in my I-751 interview about my second marriage and willing to file AOS???)
    2- In the new immigration reform are they looking to change the law that will take away the right from conditional resident to adjust the status even after conditional resident status is terminated.... Is this true??? Can someone please verify


    I am open for other suggestions...

    Thanks

    Comment


    • #3
      It depends on the reason why they denied the removal of conditions; they didnt say why?? Where was the interview? What did the interviewer say about applying for a new AOS?

      Comment


      • #4
        I am not so much concern about the denial of I-751. what i am worried about is why they sent me fingerprint notice for I-485. Interview was in NJ. He(interviewer) didn't say much except that you will receive the decision in the mail.

        Comment


        • #5
          Well you better be concerned about the I751 denial; the fingerprimt letter is probably just a mistake; Depending on what the I-751 says, you could get denied for a new AOS; does it put you in removal hearings? You can not ignore going to hearings and resubmit a new AOS; that has to be presented at the hearing

          Comment


          • #6
            I'd have to agree with Michael. That I751 waiver you filed was based upon a good faith marriage. Why aren't you concerned with the I751 denial? Are you implying that you knew there was a chance it would be denied?
            The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

            Comment


            • #7
              It sounds like she or he thinks all they have to do is file enough forms and pay the fees and they will be fine no matter what they do;

              oh wait - thats right !

              Comment


              • #8
                "File the forms.. pay the fees and all is ok"
                Oh my Gosh.... Im agreeing with Michal???? Somebody slap me!

                Hi Ny

                Now that you have been denied. It is time to file your new apps based on new marriage ASAP. (You could not have had 2 apps pending at the same time) Most likely Your751 letter told you that you could review the decision in removal proceedings

                If your 751 waiver was denied based on bonafide marriage. that is not unusual. 65% of marriage waivers are standardly denied. Not to be too much concerned unless your waiver was denied based upon fraud allegations, then this is a different matter, and you will spend probably several years trying to get your case away from the marriage fraud unit division.

                If you are in Vermont service center, most likely your new apps will come up for review before you are called in for removal. If removal hearing comes first, You must Be prepared to have an approved I-130! The rest of the AOS will be done by the IJ at the hearing. Very few are denied in this type of case before the IJ.. unless there is HARDCORE CONCRETE evidence by USCIS to convince the IJ that there was fraud based on the first marriage.


                Save your money on lawyers for right now. You do not need them as of just yet. If your second marriage case is denied by USCIS, at that point you may opt for a lawyer representing you when you go before the IJ in removal proceedings.

                The fingerprint thing is not a issue. Focus man. stay focus on the real issues here. File the forms, pay the fees....all will be ok, just takes time. :-)

                Good Luck

                Comment


                • #9
                  Just curious, 4now. Can you give us a link to that statistic of 65% of waivers on bona fide marriages that are denied?
                  The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                  Comment


                  • #10
                    I think that is a made up statistic;

                    That is why I aksed this person for the reason for denial; you see how analytical I am? yet this person refused to provide useful information so we could help them. And as far as "Hardcore Concrete" evidence; that is not the case; the burden of proof on USCIS is "preponderance of evidence" which is a lower standard than a criminal case of "beyond a reasonable doubt". This can be established a number of ways including testimony from spouse. Don't be too sure that the system is that much of a joke.

                    Comment


                    • #11
                      Hi Sappy

                      Come on now
                      It looks like you have been around, so you well know that there is not link "per say" to those stats. Much like the 1/3 of 751 's being called for interview/roll the dice. If it is a law/statute or code.. then there is a link. If it is a practice, there are no links.;-)

                      Michael, Yes you are getting analytical, What happened to the old Michael??? lol I come back here to find you are the "MAN" on the board now that everyone else jumped ship. go get em Tiger!grrrrr But while you are being zealous, you may be getting confused. USCIS can deny for anything with very little proof/testimony of spouse etc. I wasnt talking about USCIS. That **** doesnt fly before the IJ. IJ need good proofs, he will overrule USCIS almost everytime if their evidences not hardcore. Like I have always said. IT aint over til the IJ sings. Put that with your made up stats.

                      Comment


                      • #12
                        If you entered US based on the marriage to USC that was less then 2 years long and got conditional GC you can not ajust your status based on the second marriage. Only way to remove your codition was to do it based on the first marriage.(with USC that originally petitioned for you). They denied your I-751 because you divorced.

                        Comment


                        • #13
                          It is very rare that an IJ will overrule USCIS. What you read are the exceptions. USCIS is not going to waste time making a decision just to have a judge reject it. These people know what is needed. Yes they need proof; but that proof can come in the form of the so-called angry spouse letter and no proof of a bonafide marriage or a annulment decree based on fraud. One thing I think this person did that was clearly a mistake was telling the interviewer that if they were denied, they would apply under a new marriage. What is the point of that besides annoying the interviewer and guaranteeing a denial?

                          Comment


                          • #14
                            Actually Vovan you are sadly wrong. You would think that was the case but incredibly it is not. Unless the marriage has been determined to be a fraud, a person that was denied removal of conditions CAN remarry and start the process all over. Of course you have to wonder how stupid the second spouse is to sponsor that person. That is why I asked, and still did not get an answer, why they denied the I-751.

                            Comment


                            • #15
                              Go Michael.

                              Encore do you want more.. Get em Mike.

                              you are correct. VoVan is confused. Poster was not denied because he got divorced. He was ab;e tp file the waiver based on the fact that he obtained a divorce. The person is not adjusting his status based on the first marriage. He would be adjusting status based on his new marriage. everything starts over,,, new timeline, etc. This can go on and on and on and on as many times as he/she gets married and didnt complete AOS.

                              Michael, Im not talking rare exceptions. IT is not rare that IJ overrules USCIS in marrige fraud cases that do not have hardcore evidence. YOU are forgetting that the IJ is approving a SECOND marriage that is being submitted before him for approval. IF he feels the marriage is bonafide, he will approve. What IS rare, is that USCIS will appeal an IJ decision. & yes USCIS does waste time denying petitons for 2nd marriage based AOS citing the first marriage was not bonafide. YOu are forgetting how many people do not appeal their cases due to expense or being scared.

                              Like NY here. He is smarter/cheaper to start new case based on bonafide new marriage than to take his shot in appealing the 751 waiver decision if his proofs are weak. We already see the lenght of the marriage was weak/short.

                              BTW Mike, Im sure your ex wife is still hanging in there.. using the marriage system. Almost nobody goes home.. you just end of spening a lot of money to stay.

                              Comment

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