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

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

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.

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Attorney answers 5

Posted

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.

Asker

Posted

I have affidavits, but how are those reliable if that's all I have. Wouldn't the ICE persecutors argue that the friends would write whatever necessary and beneficial to me? I would think that with other evidences (if present), the affidavits would be taken serious, but how reliable would they be if by itself?

Aneliya M. Angelova

Aneliya M. Angelova

Posted

You don't have much so it's better to have as many affidavits as possible. Contact an immigration lawyer to formulate a plan. Don't be so negative. There is always hope.

Asker

Posted

Witnesses who will attest to the validity of the marriage? From what I know, my ex has claimed that my marriage was a sham for which the divorce was filed. I think the complaint has something to do with the denial and for lack of evidences. What I am worried is that the court would see the affidavits as my way of trying to bullshit my way through with the help of my friends considering my circumstances.

Posted

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

Asker

Posted

Witnesses who will attest to the validity of the marriage? From what I know, my ex has claimed that my marriage was a sham for which she filed her divorce. I think the complaint has something to do with the denial and for lack of evidences. What I am worried is that the court would see the affidavits as my way of trying to bullshit my way through with the help of my friends considering my circumstances.

Posted

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, Suite 3320, Chicago, IL 60603 Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please help stop notario fraud. Please visit and share this site: www.stopnotariofraud.org.

Asker

Posted

So affidavits only won't fly with the IJ? I have a feeling that even if the IJ goes through my affidavits, the ICE trial attorney would object if the judge simply looks and accepts only affidavits. I feel like the trial attorney would argue hard against accepting affidavits only. I appreciate your assistance.

Posted

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 counsel of an attorney. This information does not constitute legal advice. We ask that you consult with a lawyer, as your facts are unique and because each situation requires analysis from many different perspectives. We cannot be responsible if you rely on information based on this website without the consultation of an attorney.

Asker

Posted

Great. Could you list several potential documents please? You had mentioned " supporting documentation to prove that your marriage was legitimate." Are you speaking about presenting these to the judge now that the USCIS has denied my waiver?

Ili J. Subhan

Ili J. Subhan

Posted

Consult with an immigration attorney to help you with process. He or she will be able to discuss the specifics of your case with you in greater detail and advise and counsel you on the best course of action. Search avvo for an immigration attorney.

Ili J. Subhan

Ili J. Subhan

Posted

Consult with an immigration attorney who will be able to discuss your case in greater detail and he or she will help you with collecting and reviewing the supporting documentation you need to show the judge.

Posted

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 may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes.

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