big dilemma with my immigration lawyer

[olux2008 0]

A year ago, I hired immigration attorney to handle my I-130/I-485 petition based on marriage to US citizen. I'm the nonimmigrant. INterview was in November. My spouse and I did not get along in marriage and were not prepared for the interview. My case was denied in Feb, because we failed to prove that the marriage was bona fide. I want to file MTR (motion to reopen), but first, should I tell the attorney that we are separated? What should I do? My wife has agreed to petition the MTR, but that's it.

[ChrisB0707 4]

A year ago, I hired immigration attorney to handle my I-130/I-485 petition based on marriage to US citizen. I'm the nonimmigrant. INterview was in November. My spouse and I did not get along in marriage and were not prepared for the interview. My case was denied in Feb, because we failed to prove that the marriage was bona fide. I want to file MTR (motion to reopen), but first, should I tell the attorney that we are separated? What should I do? My wife has agreed to petition the MTR, but that's it.

I would be honest and make sure you have a good lawyer because most MTR never happen. You may pay for nothing.

[Kez/JWolf 6]

Your marriage lasted less than 6 month and you are trying to convince USCIS that you are in a bona fide marriage. If you file a motion to reopen you are going to have to provide NEW evidence that you are indeed in a REAL marriage and that the marriage is on going.

You biggest problem is that you are not in a bona fide marriage yet you are prepared to go before USCIS and lie about the validity of your marriage so that you can get a greencard and stay.

Looks like you are more interested in getting a greencard that you are about making your marriage work. You have major red flags in your case and I dont see you getting approved anytime soon for a Greencard based on a bona fide marriage to a USC. But I could be wrong.

[chrismatt84 0]

I'm curious. Whats a bonafide marriage..?

[phoenixwine22 0]

I don't mean to be judgemental or to tell you to stop the process which you seem very intent on doing. If I am saying anything I shouldn't, please correct me.

But please think very carefully about what you are doing, since remember, when we submit all the paperwork, we sign where it says

'USCIS investigates claimed relationships and verifies the validity of documents. USCIS seeks criminal prosecutions when family relationships are falsified to obtain visas.

By law, you may be imprisoned for not more than five years or fined $250,000, or both, for entering into a marriage contract for the purpose of evading any provision of the immigration laws...'

I am not trying to scare anyone, and it is your decision, but as Jez/Kwolf mentioned, you have to think carefully, because if you already went to one interview, and were denied because you could not prove to the interviewer that your marriage is a real loving relationship between two people who are trying to make it work, then how are you going to prove it when you get called (IF) to another interview?

I don't mean to be rude, and only YOU know why you are so eager to reopen the case and try again, but you write yourself 'My wife has agreed to petition the MTR, but that's it.'

'that's it' ??

I wish you the best, and maybe you and your wife can work out the situation.

God bless you.

[M. 0]

IANAL, but I wanted to add a voice to this, so let's look at this logically. First, the facts:

USCIS denied the petition because they didn't see satisfactory evidence of a bona fide marriage.

You are separated from your spouse.

To successfully petition to reopen the case, you have to provide MORE evidence that your relationship is both ONGOING and REAL.

Second, the decision. You have a few choices here:

1. Give up the petition as you cannot establish an ongoing, bona fide relationship to someone from whom you are separated as husband and wife, and who has stated she will agree to the petition but "that's it." Return to your family in your country of origin, and set up a nice life there. Or try to return to the US as a skilled worker, student, or visit us frequently! Maybe you'll even find a new wife who loves you very much and will remain with you.

2. Make the motion to reopen without sufficient evidence. Pray USCIS is feeling particularly benevolent. Pack your belongings just in case they're running as normal.

3. Do something stupid and illegal, like lie, falsify information, or try to disappear and remain out of status in the US; pray you do not get caught, deported and banned (or worse).

I think my choice would be obvious, but that's me. What you do with your life is your choice, and no matter what you do, I wish you every good luck.

Edited February 13, 2009 by M.

[Old Dominion 26]

Your lawyer would be delighted to take your fee and give it a try. If the lawyer is honest and ethical, however, he would suggest that you prepare to return to your home country as soon as it's convenient. This is a lost cause for you, unfortunately. It's too bad that the two of you couldn't reconcile your differences in that period of several months before the interview. Good luck.