My joint I-751 filing has been denied because uscis does not believe the marriage was entered in good faith. I want to reapply for a waiver based on divorce. But because I have already been denied once, What are my chances now? Will my waiver filing decision be based on the previous joint filing? What questions will I be asked at the interview? Will they ask me why my previous joint filing has been denied?
If you are applying under the waiver of the joint filing requirement under the ground that you entered into a good faith marriage but that it ended it divorce, you will need your divorce certificate as well as evidence of a good faith marriage. You are not limited to asserting that particular ground - you can select the other waiver grounds if applicable. The waiver filing will be based on the previous evidence submitted unless you submit new probative evidence that would enable the USCIS officer to make a proper determination. You should gather with an experienced immigration lawyer who has been successful in these types of cases before. Keep in mind that upon a denial of the I-751, an individual is generally also issued a notice to appear where the individual would be placed into removal proceedings in Immigration Court.
This answer is provided as a general response and is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.
The USCIS will have a record of your previous interview and will know why the I-751 was denied.
As a self petitioner you must still show with documentation and testimony that the marriage was entered into in good faith.
You may also need to explain why you attempted to have the joint I-751 granted when your marriage was not currently in good standing. By divorcing and attempting to file on your own the USCIS may assume that you were attempting to get the joint I-751 granted via misrepresentation.
I suggest you consult with an experienced immigration attorney who can review the decision and ask you many questions before advising you how to proceed.
If the joint FORM I-751 has been denied due to a lack of a good faith marriage , a subsequent filing of a waiver FORM I-751 may also be in jeopardy for the same reason. You should visit with an experienced immigration attorney to review the initial filing and the evidence submitted. The attorney will be able to provide you with the necessary guidance.
Agree. Of course CIS will retrieve your prior filing, and anything you said then may be held against you now. This is going to be a tough case, and one that requires the skill of an experienced attorney.
One might construe you getting divorced after the green card was denied as prima facie evidence that your marriage was fraudulent. You may want to give up and start over. This dog won't hunt.
The above reply is not actual legal advice and should be construed as such; this reply does not constitute an attorney client relationship and is offered only for general informational purposes. Please consult an attorney for more detailed and personalized assistance.
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