Received a Notice to Appear from the USCIS after my I-751 was denied

Asked 8 months ago - New York, NY

The government thinks that the marriage was not real because I did not provide any joint evidences of bonafide marriage. I filed a I-751 waiver because my ex-husband filed for divorce from me shortly after my conditional green card was obtained. I was overseas for about 6 months and my ex had filed for divorce after I left the US to go back to my homeland for family health reasons, which later resulted in a death of a parent several month after I went back. I received a letter from the USCIS requesting that I provide them with joint evidences before they denied me. I could not provide anything except 2 affidavits from my own friends.

What are my chances of success in front of the immigration judge now? I do not have anything joint to provide when he reviews my denied I-751 except to show

Additional information

the death certificate of my parents overseas. Is this enough reason to be granted the permanent green card? I do not qualify for any reliefs for cancellation that are available, so my last chance is the review of my I-751 by the judge even though there is nothing to be reviewed since nothing of a bonafide nature (except my 2 affidavits) were provided. I will speak to an attorney but I decided to also get a few opinions in here after discovering this website. It would be great to get some advice and opinions (besides the need of an attorney) by the experts in the field. Perhaps knowing whether or not the immigration judges require bonafide documents (joint) for the I-751 waiver review is always the priority for them? Have there been cases when the immigration judge simply approves the green card even if there are no joint evidences available like in my case? I left out information about my previous marriage (and divorce) in my home country and my ex seems like notified USCIS.

Attorney answers (5)

  1. Aneliya M. Angelova

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . You need to prove that you entered the marriage with the intent to build a life together. You can have witnesses, affidavits, etc. You should have some documents documenting your parent's condition, etc.

    This answer is for informational purposes only and should not be construed as legal advice.
  2. Mary Carmen Remigio Madrid-Crost

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . You need ample evidence to prove the good faith nature of your marriage whether you are before USCIS or an immigration judge.

    Madrid Crost Law Group - (888) 466-4478; e-mail: mc@madridcrost.com; skype: usvisalaw 10 S. La Salle Street,... more
  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Have a local Manhattan immigration lawyer help with this, as you'll want witnesses & affidavits, etc

  4. Alena Shautsova

    Pro

    Contributor Level 20

    Answered . You need a lawyer ASAP. You need to discuss your case in private. Do not rely on advice on public forum. Once the government puts forward charges of fraud, it is a very serious matter.

    New York Immigration lawyer. This advice does not create an attorney client relationship. No specific legal advice... more
  5. Ili J. Subhan

    Pro

    Contributor Level 14

    Answered . You will need to prove that you entered the marriage in good faith with the intent to build a future together. You will need to provide supporting documentation to prove that your marriage was legitimate. Consult with an immigration attorney who has extensive experience handling I-751 petitions. Use Avvo to locate an immigration attorney in you area.

    The information provided is intended for informational purposes only and should not substitute for the advice and... more

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