Immigration Issues/I-751 filed single after a divorce
My ex-husband and I got married in Dec. 2006 on my 20th birthday in the US. after the wedding we went back overseas where he was stationed with the US NAVY and filed for my permanent residence through a US Embassy. I was granted my conditional permanent residence in Sept. 2007.
shortly after moving to the states we started having marital problems, mostly due to his neglect and bad treatment of me. I tried to work things out but he flat out refused. After fining out that on top of everything he was cheating on me I left him. We separated in October, 2008. I hired a lawyer for the divorce and the immigration proceedings. Unfortunately my lawyer did not pay much attention to my case and it was very hard to get him to do things. It took me nearly 1 year to get an uncontested divorce which is unheard of! Finally, I filed my I-751 single based on "marriage entered into in good faith, but resulted in divorce" because this is what my lawyer advised me to do in August, 2009. Because of my husband's infidelities he always insisted on keeping our finances separate and we didn't really have any property to speak of... Long story short, I don't have very many documents that would show our marriage as "in good faith" in immigration services terms. At the end of January, 2010 I received a notice from the USCIS requesting additional documents as proof of a bona fide marriage. Like I said previously, I don't have much, but I found a few bills with both our names on them, joint tax return from 2007, health, dental and auto insurance policies and a couple other papers.
Now, I'm worried that USCIS will deny my petition based on insufficient evidence. I am wondering what my options would be if that were to happen. Should I appeal, or re-file?
My new boyfriend just recently proposed to me and I am not sure if that fact would make any difference. I we were to get married while my case is being processed would I be able to stay in the US or would I still have to leave? If so, would I have to re-apply for a green card and start the entire process all over again?
Please, help me! I am just a young girl who married the wrong guy and ended up in a bad situation. I spent a lot of money on a lawyer who was of no help whatsoever. Sometimes I think I know more about the immigration law that he does...
Your reply will be much appreciated!
I am sorry for your predicament. You may be able to appeal a denial notice, however sometimes there is no possibility for appeal. In the case of a denied application without possibility of appeal, your case will be transferred to the Immigration Court.
Also, you may not refile the same application, as the same issues remain. If you remarry again, your husband will have to file a new application on your behalf. You will be eligible to adjust your status in the United States, if you entered the country legally.
Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn’t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S immigration-related issues, we can offer a consultation by telephone or email to clients from all States and globally.
Annick Koloko, ESQ.