I need serious help. 1st marriage of hubby called marriage fraud

[nycgirl 13]

What happened was he got married to the first wife, then filed for AOJ. Since she decided to plead guilty to marriage fraud instead of everything else she was accused of, the AOJ was denied and the reason cited was that the marriage was supposedly fraudulent.

That sounds weird. She "plea bargained" her marriage away?? I know that this is hindsight, but he should have gotten a lawyer THEN. He just thought that everything was "okay"?? That she would go to jail for fraudulent marriage, and he just kept on going with his normal life? Suspect.

[reeses16 8]

Agreed, that doesn't make sense. As a USC why would marriage fraud come up, and certainly she wouldn't have been able to have other charges dropped by admitting to marriage fraud.

As others have mentioned, you should get an attorney. You need to have a better understanding of exactly what happened and the specific reason that your hubby's AOS based on your marriage was denied. Don't waste time, without immediate action and advice it seems as though this situation may be headed towards deportation.

[shemarienp 0]

"Pending" is not the same as legal. If you enter legally (say on a K-1) and then go to adjust status you are not officially out of status during the "pending" process. But, if you are out of status when you file AOS, filing does not put you in status. You are in a pretty ambiguous spot in the meantime. Many people who are here illegally, marry a USC and then file the I-485 have been detained at their interview. Then again, I am coming from a MENA perspective and it may be the DHS chooses to excercize this option with MENA men more often than with those from other countries.

In this case, it is unclear what status the husband had before the first marriage and what his status is following the denial of both AOS attempts. But, if nothing has ever been approved, I would assume he is out of status.

What is a MENA man? Is it Muslim Egyptian North African?

[shemarienp 0]

Agreed, that doesn't make sense. As a USC why would marriage fraud come up, and certainly she wouldn't have been able to have other charges dropped by admitting to marriage fraud.

As others have mentioned, you should get an attorney. You need to have a better understanding of exactly what happened and the specific reason that your hubby's AOS based on your marriage was denied. Don't waste time, without immediate action and advice it seems as though this situation may be headed towards deportation.

We have an atty. He has advised us to acquire sworn affidavits from her family members that knew of the marriage and have seen them living as man and wife. We already have one from her sister. Now we have to go get more.

[English Muffin 59]

MENA = Middle East & North Africa.

[supercomp 0]

MENA = Middle East & North Africa.

Did she go to jail from Immigration (marriage fraud) perspective or related to her Drug abuse? It seems like she would go to Jail from drug related charges than marriage fraud. Could you get records of her drug abuse conviction from the concerned court and submit that to Immigration? It should be public record, and easily obtainable.

Edited April 19, 2009 by supercomp

[morocco4ever 63]

I think your attorney is correct about getting letters from her family. Not only should these letter give credence to the validity of their marriage, but I think it would be wise if they pointed out her instability during their marriage. Does he have proof of the problems he had during the marriage?

I wouldn't do this one alone. I think a lawyer is essential in your case. Good luck.

[shemarienp 0]

I think your attorney is correct about getting letters from her family. Not only should these letter give credence to the validity of their marriage, but I think it would be wise if they pointed out her instability during their marriage. Does he have proof of the problems he had during the marriage?

I wouldn't do this one alone. I think a lawyer is essential in your case. Good luck.

We do have an attorney. I'm not sure how good he is but many people here have seconded his advice. I have used pipl.com to search the deep web for mentions of her, and have found many criminal cases. What we are looking for next will just be a full criminal record. All the court cases I have found are for 2005 or later. We need earlier cases. So I am looking for a place to get her full background from. My husband has her ss#.

I'm really thankful for all the people here who have tried to help me with tips, with advice, and by not issuing judgments that serve no cause other than to make the person sitting in judgment feel better. They certainly are not helping me.

I really do not at this time need to hear about deportation and how this case is headed for it, I already know that things could go badly for us. I've been crying off and on since that horrid interview.

My husband is innocent, it does not serve me at all to believe he is guilty. He is a sincere and kind person who has made some mistakes.

[jpaula 20]

I am sorry if you found any of the responses judgmental. I do not think anyone meant them that way. I just think there is some confusion about the marriage fraud charge (i.e. was he ever charged in the first AOS case or did they only charge the ex?) as well as the official reason for denial of the second case (again, was it officially for marriage fraud?) that make it hard to offer concrete advice. Furthermore, marriage fraud is a pretty serious charge and puts him in murky water as you proceed. However, it sounds like you realize this and are doing what you can. I am very glad you have a lawyer and wish you much luck.

[shemarienp 0]

I am sorry if you found any of the responses judgmental. I do not think anyone meant them that way. I just think there is some confusion about the marriage fraud charge (i.e. was he ever charged in the first AOS case or did they only charge the ex?) as well as the official reason for denial of the second case (again, was it officially for marriage fraud?) that make it hard to offer concrete advice. Furthermore, marriage fraud is a pretty serious charge and puts him in murky water as you proceed. However, it sounds like you realize this and are doing what you can. I am very glad you have a lawyer and wish you much luck.

Only she was charged with marriage fraud. He was never charged with it or asked about it or knew she had done time for it until two days before our interview. He really did not fully face this first marriage until now.

The official reason for the second denial (our interview) was that the first marriage was found to be fraudulent, so as long as that's out there, they would not really look at our application and consider it.

[zackie20092009 0]

I am new to the forum. My husband is a Pakistani immigrant. He's been here since 1997 and originally had an F1 visa. When he stopped studying, he did not return to Pakistan.

In 2002, he married a citizen. He states that soon after the marriage, she started using drugs, disappearing for days and weeks at a time. He would go to her mom's house to find her, and her mom would say that she had always been like this. He started getting letters from grocery stores about bad checks. In 2003, he filed for divorce, because he didn't want to be associated with her criminal activities. He states they separated in September 2003, because they were fighting a lot. He filed for divorce prior to the determination of his adjustment of status request.

Apparently, his ex-wife told the local police and FBI that it was a fraud marriage. She provided no physical evidence; it's only her word. She lied. My husband possesses far too detailed a level of knowledge about the marriage for it to have been false as she says it was. This person is a felon and a drug addict who was at the start of that career when she met my husband.

So now we have filed for AOJ. It was denied. Our interview was terrible but they do believe that the marriage (at least on my side, which is all we need) is valid.

Our attorney tells us we need to get sworn affidavits from the wife's family and the wife herself if possible. I pray to God we can get them. Has anyone else gone through something like this?

Also, I think our lawyer may not be all that great. He said nothing during this interview. Does anyone know a GOOD immigration attorney in Omaha, NE?

Hi,

I must ask was he only married one other time? Then he married you? why didnt he aos when he got the divorce? Ingorance of the law is no excuse. The reason your attorney didnt speak during the interview was he wasnt there to prove your marriage was real and not a fraud! that was for you and your husband to talk not him.. did you know all of this information about your husband before u married him? looks like he will be deported for life if the fraud is not proven or for at least 10yrs cuz he was here illeeeeeeegalllllll !!!! it is people like your husband that make it bad for all of us who have chosen the LEGAL way to have our so here.. u know a good con artist can convince even the most smartess person things.. sounds like your husband is a darn good con man.. there are many red flags in your posting and girl u should ran away fromthis guy .. take your losses and move on for man like him are not worth the time or effort..

[shemarienp 0]

Hi,

I must ask was he only married one other time? Then he married you? why didnt he aos when he got the divorce? Ingorance of the law is no excuse. The reason your attorney didnt speak during the interview was he wasnt there to prove your marriage was real and not a fraud! that was for you and your husband to talk not him.. did you know all of this information about your husband before u married him? looks like he will be deported for life if the fraud is not proven or for at least 10yrs cuz he was here illeeeeeeegalllllll !!!! it is people like your husband that make it bad for all of us who have chosen the LEGAL way to have our so here.. u know a good con artist can convince even the most smartess person things.. sounds like your husband is a darn good con man.. there are many red flags in your posting and girl u should ran away fromthis guy .. take your losses and move on for man like him are not worth the time or effort..

Your post is extremely unhelpful. If this is all you can offer, please go offer it on someone else's thread.

[zackie20092009 0]

Hi,

I must ask was he only married one other time? Then he married you? why didnt he aos when he got the divorce? Ingorance of the law is no excuse. The reason your attorney didnt speak during the interview was he wasnt there to prove your marriage was real and not a fraud! that was for you and your husband to talk not him.. did you know all of this information about your husband before u married him? looks like he will be deported for life if the fraud is not proven or for at least 10yrs cuz he was here illeeeeeeegalllllll !!!! it is people like your husband that make it bad for all of us who have chosen the LEGAL way to have our so here.. u know a good con artist can convince even the most smartess person things.. sounds like your husband is a darn good con man.. there are many red flags in your posting and girl u should ran away fromthis guy .. take your losses and move on for man like him are not worth the time or effort..

Your post is extremely unhelpful. If this is all you can offer, please go offer it on someone else's thread.

what help do u want may i ask .. u have to know the answers ... your husband should have known that he needed to contact immigration to be able to remain in the usa.. is he uneducated? what is his age? maybe he is really young and didnt know the laws? or maybe he just didnt care.. sorry for you cuz you are the one hurting..

[Donna A 4]

actually i dont think ur attorney is bad unless he messed up something else but his reason to go to an aos interview is to make sure the interviewer dont over step their boundry. he was not there to defend his client so his not saying anything was ok.

anyway, i wish u well and hope u can straighten out this mess with the affidavits from family memebers.

[pushbrk 13,073]

I am sorry if you found any of the responses judgmental. I do not think anyone meant them that way. I just think there is some confusion about the marriage fraud charge (i.e. was he ever charged in the first AOS case or did they only charge the ex?) as well as the official reason for denial of the second case (again, was it officially for marriage fraud?) that make it hard to offer concrete advice. Furthermore, marriage fraud is a pretty serious charge and puts him in murky water as you proceed. However, it sounds like you realize this and are doing what you can. I am very glad you have a lawyer and wish you much luck.

Only she was charged with marriage fraud. He was never charged with it or asked about it or knew she had done time for it until two days before our interview. He really did not fully face this first marriage until now.

The official reason for the second denial (our interview) was that the first marriage was found to be fraudulent, so as long as that's out there, they would not really look at our application and consider it.

Then it sounds like a finding of misrepresentation is on record from the earlier AOS attempt. This would result in a ban. There should be some official disposition given to you, if not already, then it's coming soon. You can either have an attorney help you appeal it or he can obey the coming deportation order. Hopefully you came here seeking the truth, no lies. Illegals who are not ultimately granted residency are eventually deported. You say you have an attorney. What is their advice?