I-751 Application Denied for "Fraud" suspicion. Need Help

[dolbdolb74 0]

I would suspect you too if you told me that you and your wife LIKE each other, but thats just me.

I would suggest you get a lawyer

Common guys... it's just symantics. Is there anything wrong with LIKING my wife? I don't think liking someone means you don't love them. You can like someone and love them at the same time. When I was posting on here, I tried to focus on presenting the relevant facts of my case without boring everyone else with every single detail. I used "LIKE" in my post to differentiate my case from the many cases that I have read on here where the spouses hate each other and are going through or have gone through a divorce. If it matters that much, I will proclaim my love for my wife to the whole world.

I could have gone on to talk about our love for each other, our sex life, social life etc.... but how's that relevant to my post? From what I am experiencing now it is clear to me that it doesn't matter to Immigration services that you love each other and have a happy marriage. All they care about is your ability to beat the technicalities that they expect. I have just come to the rude awakening that it does not matter how genuine your marriage is...what matters is what material "evidence" you submit.

So please don't talk to me about "LOVE".... love is not my problem.

By the way, thanks for your advice.

[Chica Yeyé 41]

Evidence Submitted (Posted by OP in another immigration forum):

"I submitted the following as evidence:

Statements from closed Joint bank account

Life insurance

lease documents

some utility bill

pictures

The bank account i submitted was closed due to some problems"

If that was all the evidence, indeed the case was thin. And residing in different states for the most part of your marriage is a red flag indeed. Contact an attorney pronto and good luck.

[Zee Bee 61]

Are the dates in your post correct, if you were a conditional resident in July 2004 you should have applied to remove conditions in 2006 not 2007, are you sure this is not affecting the process?

I'm not sure. But May2007 is within 90days of the three years from when I was given the conditional GC (which is July 2004)

I thought the conditional greencard was only valid for 2 years and you file within 90 days of its expiration.

[Chica Yeyé 41]

Are the dates in your post correct, if you were a conditional resident in July 2004 you should have applied to remove conditions in 2006 not 2007, are you sure this is not affecting the process?

I'm not sure. But May2007 is within 90days of the three years from when I was given the conditional GC (which is July 2004)

I thought the conditional greencard was only valid for 2 years and you file within 90 days of its expiration.

Indeed, it is 2 years, not three years: ZeeBee iz right on!

The OP was then out of status for one year; which, added to the rest, was almost obvious he would be denied.

[Tom and Novie 1]

Hi All,

I am in dire need of some advice here. I have been a conditional permanent resident since July 2004 through marriage. Then in May 2007 I applied to get the conditions removed. After a lenghty waiting period, I received a letter saying that my case had been transfered from TX to the VT service center. Then in Sept 2008 I was asked to go for another biometrics session, even though I had already taken one back in 2007. Finally I was invited for an interview on Dec 2008. I went with my wife and we got separated for the interview. My wife was interviewed first and then me.

Later I received a letter saying that my I751 application has been denied because of "fraudulent marriage". The reason this is bizzare to me is that my marriage was entered into with good faith. The following is a short background to my case:

While waiting for approval of my I-485 application, I applied to 3 diffrent grad schools (2 of them were in-state and one was out of state). Sadly, it was only the out-of state school that granted me admission. I had no choice than to accept the offer from the out-of state school. As a result I "moved" out for school. I made sure to visite home as often as I could, and my wife visited me when she could too. I finished school in May 2007, but unfortuantely again, I couldn't get a job in my original state so I accepted a position in another state - a 3rd state. Since then, my wife and I have been planning to have her move to join me. That has not been possible for a number of reasons, two of which are my two step daughters and my sick mother-in-law. In the meantime though, I visit home regularly.

During this time, my wife has had to spend a lot of time at her mom's residence and less at our own, especially when her mom's health situation worsened. As a result she, has had to receive some mails and even have her paycheck sent to her mom's address. I believe this is what the Immigration Services noted and suspected that my marriage is not genuine. I am sure that the fact that I have'nt "lived" continuously at our address for a while made things worse. The denial letter suggests so. It also refers some minor discrepancies between what my wife told the immigration officer and what I told him during the interview. For instance, my wife told him that since I couldn't be home for her birthday, I sent her some money to buy herself something in addition to the card that I mailed her. But I, on the other hand, told him that I only sent her a card for her birthday. I didn't mention the money part because quite honestly I forgot that I told my wife to use it to get herself some b'day present... Even though I sent her the money the day before her b'day, I don't recall that my intention for sending the money was solely for her birthday. Another discrepancy was about the date that I flew into town for the interview. I don't know what I was thinking when I answered that question, but I said it was the 28th and she said it was 25th (she's correct and I have the airline boarding pass to prove it).

My case is not one of those were the spouse claims fraud and seeks divorce before the I751 is approved. We both like each other and she's standing by me.

Is it normal for an immigration officer to classify a marriage fraudulent under such circumstances?

What is the best way to handle a case like this?

I am planning to obtain the services of an attorney and my wife is currently talking to some friends for their recomendations for good attorneys.

I the meantime, I'm looking to get some help from this forum. Has anyone had such an experience?

Thanks

dolbdolb

[john_and_marlene 162]

Hi All,

I am in dire need of some advice here. I have been a conditional permanent resident since July 2004 through marriage. Then in May 2007 I applied to get the conditions removed. After a lenghty waiting period, I received a letter saying that my case had been transfered from TX to the VT service center. Then in Sept 2008 I was asked to go for another biometrics session, even though I had already taken one back in 2007. Finally I was invited for an interview on Dec 2008. I went with my wife and we got separated for the interview. My wife was interviewed first and then me.

Later I received a letter saying that my I751 application has been denied because of "fraudulent marriage". The reason this is bizzare to me is that my marriage was entered into with good faith. The following is a short background to my case:

While waiting for approval of my I-485 application, I applied to 3 diffrent grad schools (2 of them were in-state and one was out of state). Sadly, it was only the out-of state school that granted me admission. I had no choice than to accept the offer from the out-of state school. As a result I "moved" out for school. I made sure to visite home as often as I could, and my wife visited me when she could too. I finished school in May 2007, but unfortuantely again, I couldn't get a job in my original state so I accepted a position in another state - a 3rd state. Since then, my wife and I have been planning to have her move to join me. That has not been possible for a number of reasons, two of which are my two step daughters and my sick mother-in-law. In the meantime though, I visit home regularly.

During this time, my wife has had to spend a lot of time at her mom's residence and less at our own, especially when her mom's health situation worsened. As a result she, has had to receive some mails and even have her paycheck sent to her mom's address. I believe this is what the Immigration Services noted and suspected that my marriage is not genuine. I am sure that the fact that I have'nt "lived" continuously at our address for a while made things worse. The denial letter suggests so. It also refers some minor discrepancies between what my wife told the immigration officer and what I told him during the interview. For instance, my wife told him that since I couldn't be home for her birthday, I sent her some money to buy herself something in addition to the card that I mailed her. But I, on the other hand, told him that I only sent her a card for her birthday. I didn't mention the money part because quite honestly I forgot that I told my wife to use it to get herself some b'day present... Even though I sent her the money the day before her b'day, I don't recall that my intention for sending the money was solely for her birthday. Another discrepancy was about the date that I flew into town for the interview. I don't know what I was thinking when I answered that question, but I said it was the 28th and she said it was 25th (she's correct and I have the airline boarding pass to prove it).

My case is not one of those were the spouse claims fraud and seeks divorce before the I751 is approved. We both like each other and she's standing by me.

Is it normal for an immigration officer to classify a marriage fraudulent under such circumstances?

What is the best way to handle a case like this?

I am planning to obtain the services of an attorney and my wife is currently talking to some friends for their recomendations for good attorneys.

I the meantime, I'm looking to get some help from this forum. Has anyone had such an experience?

Thanks

dolbdolb

Referring to the parts of your story highlighted in red:

Yes you had a choice. You have made choices that reflect priorities of school and work above living with your spouse. You have chosen these over cohabitating with your spouse. I fully understand the adjudicators ruling. It would appear to a reasonable person (whether true or not) that your purpose for immigrating was not for family unity. It looked like a duck and quacked like a duck and the adjudicator called it a duck. I don't see where you gave the adjudicator any other choice but to render the ruling that he did.

[Chica Yeyé 41]

Referring to the parts of your story highlighted in red:

Yes you had a choice. You have made choices that reflect priorities of school and work above living with your spouse. You have chosen these over cohabitating with your spouse. I fully understand the adjudicators ruling. It would appear to a reasonable person (whether true or not) that your purpose for immigrating was not for family unity. It looked like a duck and quacked like a duck and the adjudicator called it a duck. I don't see where you gave the adjudicator any other choice but to render the ruling that he did.

AND he was one year late in filing, apparently - so indeed there is no surprise.

[Sinergy 3]

Also, why is the OP having such a prob saying he loves his wife....and why is he dodging the question about which country the immigrant him or her came from? if you were like this with the interviewer, i can see why it was denied

[Chica Yeyé 41]

Also, why is the OP having such a prob saying he loves his wife....and why is he dodging the question about which country the immigrant him or her came from? if you were like this with the interviewer, i can see why it was denied

that could be semantics. or not.

[Sinergy 3]

Also, why is the OP having such a prob saying he loves his wife....and why is he dodging the question about which country the immigrant him or her came from? if you were like this with the interviewer, i can see why it was denied

that could be semantics. or not.

im sorry, but he came on a FAMILY IMMIGRATION FORUM, and asks why he should state he loves his wife while asking WHY his conditional was denied.......BONK, he shouldve had a v8

[Chica Yeyé 41]

Also, why is the OP having such a prob saying he loves his wife....and why is he dodging the question about which country the immigrant him or her came from? if you were like this with the interviewer, i can see why it was denied

that could be semantics. or not.

im sorry, but he came on a FAMILY IMMIGRATION FORUM, and asks why he should state he loves his wife while asking WHY his conditional was denied.......BONK, he shouldve had a v8

keep it up and I will report you. You are mean.

[Sinergy 3]

Also, why is the OP having such a prob saying he loves his wife....and why is he dodging the question about which country the immigrant him or her came from? if you were like this with the interviewer, i can see why it was denied

that could be semantics. or not.

im sorry, but he came on a FAMILY IMMIGRATION FORUM, and asks why he should state he loves his wife while asking WHY his conditional was denied.......BONK, he shouldve had a v8

keep it up and I will report you. You are mean.

oh bite me

[Chica Yeyé 41]

Also, why is the OP having such a prob saying he loves his wife....and why is he dodging the question about which country the immigrant him or her came from? if you were like this with the interviewer, i can see why it was denied

that could be semantics. or not.

im sorry, but he came on a FAMILY IMMIGRATION FORUM, and asks why he should state he loves his wife while asking WHY his conditional was denied.......BONK, he shouldve had a v8

keep it up and I will report you. You are mean.

oh bite me

OMG you are sooooooooooo reported.

[Dakine 26]

I would suspect you too if you told me that you and your wife LIKE each other, but thats just me.

I would suggest you get a lawyer

Common guys... it's just symantics. Is there anything wrong with LIKING my wife? I don't think liking someone means you don't love them. You can like someone and love them at the same time. When I was posting on here, I tried to focus on presenting the relevant facts of my case without boring everyone else with every single detail. I used "LIKE" in my post to differentiate my case from the many cases that I have read on here where the spouses hate each other and are going through or have gone through a divorce. If it matters that much, I will proclaim my love for my wife to the whole world.

I could have gone on to talk about our love for each other, our sex life, social life etc.... but how's that relevant to my post? From what I am experiencing now it is clear to me that it doesn't matter to Immigration services that you love each other and have a happy marriage. All they care about is your ability to beat the technicalities that they expect. I have just come to the rude awakening that it does not matter how genuine your marriage is...what matters is what material "evidence" you submit.

So please don't talk to me about "LOVE".... love is not my problem.

By the way, thanks for your advice.

"I could have gone on to talk about our love for each other, our sex life, social life etc.... but how's that relevant to my post? From what I am experiencing now it is clear to me that it doesn't matter to Immigration services that you love each other and have a happy marriage. So please don't talk to me about "LOVE".... love is not my problem.

Your problem is living apart and not having enough "evidence" showing you have the above.

[MaryandMian 1]

Reasons for Assigning Fraud Level A. Fraud level A should be assigned when the adjudicator strongly suspects fraud. Reasons fraud level A might be assigned include:

- the petitioner fails to sign the form;

- there is insufficient evidence;

- a large age difference exists between the spouses;

- the married couple is not living together;

- a prior I-751 was denied;

- the petition was filed untimely without a good reason for being late; or

- any other reasons as the service center director may determine.

Note: The service center adjudicator must indicate when fraud is suspected, rather than a technical omission, to alert the Fraud Detection and National Security (FDNS) Immigration Officer at the District Office. afm \ Adjudicator's Field Manual - Redacted Public Version \ Chapter 25 Petitions for Removal of Conditions on Conditional Residence. \ 25.1 Immigration Marriage Fraud Amendments of 1986