Urgent: i751 Rejected and we're getting married next month

[scottyH 1]

My fiance was previously married and has legally been in the united states because she had applied for the removal of conditions of residence but her i751 was just denied. We have been engaged for several months. I read that if the judge says that she commited marriage fraud, I can't petition for her to stay. If we get married before the hearing, would that prevent us from this problem? I will marry her yesterday if it means that we can stay together and I'm very upset and worried. You can email me at any time. I live in Saint Louis Missouri.

She has evidence that prooves that the marriage was real in terms of insurance, pictures, affidavits, a letter from the ex (after the ex set an angry letter) but the immigration did not believe her because there were no children and because they did not share joint bank accounts. She didn't have a joint bank account because the man would not let her have a joint account. She wanted one but he was extremely frugal and selfish.

My fiancé said that she actually got put in the removal proceedings because when she was told that she had to set up a meeting for the removal of her restrictions she went to the immigration office and was given forms to fill out. Upon arriving, at the window, the clerk did not tell her that she had to speak with an actual officer. 3 weeks later she was told that they were starting the deportation procedures. That was years ago. She cleared up that it was a misunderstanding about the forms but she has been going to the judge every 3 months to prove that she has been doing everything legally and transparently.

In regards to the refusal of the form, I can tell you that it cited lack of shared accounts and lack of children and a very short period of being married as the cause. They did not have children. They were married for a total of 10 months and only 4 after getting the green card. She got divorced because it was not love and he didn't treat her well and like a wife. They did live together, they did share insurance. They did not share bank accounts because he was a bad husband and said that they could have joint bank accounts whenever she actually made as much money as him. The fact that he was a bad husband does not mean that she did not get married in good faith.

They did have joint insurance. She did send affidavits. She did send pictures of them to the people.

If we get married can we apply for a different visa? What are our options?

We are searching for a new lawyer. Part of our problem is that this guy had virtually no family. He is a US citizen with a Czech background. Both of his parents live in the Czech Republic. After the divorce, he went out of his way on a smear campaign to make her look as horrid as possible.

[diadromous mermaid 36]

My fiance was previously married and has legally been in the united states because she had applied for the removal of conditions of residence but her i751 was just denied. We have been engaged for several months. I read that if the judge says that she commited marriage fraud, I can't petition for her to stay. If we get married before the hearing, would that prevent us from this problem? I will marry her yesterday if it means that we can stay together and I'm very upset and worried. You can email me at any time. I live in Saint Louis Missouri.

She has evidence that prooves that the marriage was real in terms of insurance, pictures, affidavits, a letter from the ex (after the ex set an angry letter) but the immigration did not believe her because there were no children and because they did not share joint bank accounts. She didn't have a joint bank account because the man would not let her have a joint account. She wanted one but he was extremely frugal and selfish.

My fiancé said that she actually got put in the removal proceedings because when she was told that she had to set up a meeting for the removal of her restrictions she went to the immigration office and was given forms to fill out. Upon arriving, at the window, the clerk did not tell her that she had to speak with an actual officer. 3 weeks later she was told that they were starting the deportation procedures. That was years ago. She cleared up that it was a misunderstanding about the forms but she has been going to the judge every 3 months to prove that she has been doing everything legally and transparently.

In regards to the refusal of the form, I can tell you that it cited lack of shared accounts and lack of children and a very short period of being married as the cause. They did not have children. They were married for a total of 10 months and only 4 after getting the green card. She got divorced because it was not love and he didn't treat her well and like a wife. They did live together, they did share insurance. They did not share bank accounts because he was a bad husband and said that they could have joint bank accounts whenever she actually made as much money as him. The fact that he was a bad husband does not mean that she did not get married in good faith.

They did have joint insurance. She did send affidavits. She did send pictures of them to the people.

If we get married can we apply for a different visa? What are our options?

We are searching for a new lawyer. Part of our problem is that this guy had virtually no family. He is a US citizen with a Czech background. Both of his parents live in the Czech Republic. After the divorce, he went out of his way on a smear campaign to make her look as horrid as possible.

You need competent immigration assistance to proceed. Remember that a marriage entered into while an alien is already in removal proceedings carries with it the presumption that it was entered into fraudulently to avoid deportation. You might wish to *google* Matter of Velarde to gain insight.

[payxibka 10,047]

If we get married before the hearing, would that prevent us from this problem?

Unfortunately, NO... A marriage before the hearing cures nothing.....

[desert_fox 32]

You cannot petition for someone in removal proceedings.

That has to be resolved first.

See an immigration attorney.

[scottyH 1]

You cannot petition for someone in removal proceedings.

That has to be resolved first.

See an immigration attorney.

I agree that we need to get an attourney. We are going to call the 3 best in the city tomorrow. I'm simply trying to get advice before hand so that we can figure out anything that we can do or provide to the attorney.

She was actually put into removal proceedings becuase of a clerical error when she was first applying to remove the restrictions. She needed to meet with an officer but instead spoke with some sort of secratary and thought that was enough. They put her in the proceedings.