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

[sus 70]

I would not judge your attorney as being a bad one based on not saying anything in the interview - attorneys are allowed to be present, but not allowed to say anything during the actual interview. Based on the information he is giving you that you have posted here, I think you have one who knows what needs to be done to overcome the prior marriage issue -

I wish you best of luck.

[shemarienp 0]

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.

That's kinda what I'm saying about him - the interviewer did overstep their bounds. Some of the questions she asked were ludicrous and off topic. Also, he did not properly warn us of what we were about to face. Anyway, that part is not just his fault, we now realize. We have our own part in that.

I would not judge your attorney as being a bad one based on not saying anything in the interview - attorneys are allowed to be present, but not allowed to say anything during the actual interview. Based on the information he is giving you that you have posted here, I think you have one who knows what needs to be done to overcome the prior marriage issue -

I wish you best of luck.

Thanks, that is a comfort. I have been asking around in the past few days and have heard from some other attorneys that he is good. It is good to know that.

[shemarienp 0]

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?

The attorney is going to help us appeal it. I did come here seeking the truth and a greater understanding of how all this works. I also came here seeking hope - hoping that maybe someone else had been through this and had had a positive outcome. I'm aware that there is a danger of deportation.

My attorney's advice is to gather sworn affidavits from her family and, hopefully, from the ex wife herself. We are planning to go to that city and get the affidavits. Hopefully we can. Right now we are working on finding the woman and getting a copy of her criminal record, as our attorney advised us.

From what I'm hearing, it sounds like that is the only thing to do, and there is really nothing more than that.

[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.

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.

Sorry to hammer on this, but this is where it gets confusing. If only she was charged, implying that she entered the marriage fraudulently while he did not, why is it grounds for denial of his second AOS attempt through marriage to you? This is what makes me think that, while he may not have been charged in the sense of going to jail as she did, it is certainly on his immigration record in a way that is quite serious. The big question for me is if this is the case why there is not a deportation order against him. If there is not, maybe it is not on his record as marriage fraud but as something else??? The solution either way would be to do what you are currently doing, so maybe it is moot. But, if I were you I would want to know exactly what is noted in his immigration file and what his current status is. These are areas that I hope your lawyer is helping with. Again, I wish you much luck.

[shemarienp 0]

Sorry to hammer on this, but this is where it gets confusing. If only she was charged, implying that she entered the marriage fraudulently while he did not, why is it grounds for denial of his second AOS attempt through marriage to you? This is what makes me think that, while he may not have been charged in the sense of going to jail as she did, it is certainly on his immigration record in a way that is quite serious. The big question for me is if this is the case why there is not a deportation order against him. If there is not, maybe it is not on his record as marriage fraud but as something else??? The solution either way would be to do what you are currently doing, so maybe it is moot. But, if I were you I would want to know exactly what is noted in his immigration file and what his current status is. These are areas that I hope your lawyer is helping with. Again, I wish you much luck.

That is something that I am not sure of as well. The officer said that the FBI did an investigation and found that they never lived together. However, I think that they are wrong, from what I have found out myself. Her sister even said that they lived together, on her sworn affidavit. Maybe it is because of this FBI 'investigation'?

[jpaula 20]

Sorry to hammer on this, but this is where it gets confusing. If only she was charged, implying that she entered the marriage fraudulently while he did not, why is it grounds for denial of his second AOS attempt through marriage to you? This is what makes me think that, while he may not have been charged in the sense of going to jail as she did, it is certainly on his immigration record in a way that is quite serious. The big question for me is if this is the case why there is not a deportation order against him. If there is not, maybe it is not on his record as marriage fraud but as something else??? The solution either way would be to do what you are currently doing, so maybe it is moot. But, if I were you I would want to know exactly what is noted in his immigration file and what his current status is. These are areas that I hope your lawyer is helping with. Again, I wish you much luck.

That is something that I am not sure of as well. The officer said that the FBI did an investigation and found that they never lived together. However, I think that they are wrong, from what I have found out myself. Her sister even said that they lived together, on her sworn affidavit. Maybe it is because of this FBI 'investigation'?

That would be the reason they suspected fraud, but it does not explain how she was charged with fraud, jailed etc and he was not. Usually, they would go after the intending immigrant before the USC, or at least issues a deportation order. You are missing a critical piece of info in all of this. Ask your lawyer to find out exactly what is in his file. It is important.

[shemarienp 0]

That would be the reason they suspected fraud, but it does not explain how she was charged with fraud, jailed etc and he was not. Usually, they would go after the intending immigrant before the USC, or at least issues a deportation order. You are missing a critical piece of info in all of this. Ask your lawyer to find out exactly what is in his file. It is important.

He has sent a letter requesting the information so it sounds like we're on the right path. I really appreciate your response.

[CnT4ever 1]

Did you and your husband recieve something called, "Notice of Intent to Deny"...is that what you're talking about, having time to appeal??? If that is the case, then I'm sorry to say, chances are, they will still deny you and then you will have to go to court and have your husband's case heard in front of a judge, who will then make the final decision. Not all is lost, but you need to be ready for an uphill battle. I hope you've got money because it won't be cheap. Even if he gets denied and then deported, maybe you can still file a waiver to try and bring him back. There is almost always "another step" you can take.

As for getting his files to see what the FBI put in the investigation...that requires the lawyer to file for it under the Freedom of Information Act. That takes about 6-12 months for you to get the file and even then, half of it will be blacked out (for reasons of national security).

I know you're asking for "hope" but it's not useful unless it's reality. This is the reality of it. Your husband has alot of red flags. Some which you, yourself, should be questioning. Put yourself in a CO's place. A couple that is not living together? And if this was a lie, he could have supplied proof like bills or a lease in both their names. Affidavits from family members hold very little water, if any. You need solid proof. I suggest you two start gathering more solid proof and don't rely heavily on letters from family.

And as for his wife being charged with fraud, but not him...again, reality. A marriage takes 2 people. They will not charge the USC with marriage fraud and not the beneficiary. The only time one person might get charged is when the beneficiary is charged with fraud, and the petitioner is let go, because he/she was genuinely used. What you described makes no sense to me. If she entered in the marriage fraudulently then it would be because they believed she was paid by him (think about it, no other benefit to a USC other than money). And if she was paid, she was paid by him, so he would be committing fraud too. Her drug use and bad checks have nothing to do with immigration matters. They would be handled by another authority. The only way that would come up is if your husband was trying to adjust status or lift conditions after divorcing her and claimed some kind of abuse from her.

[jpaula 20]

I agree with most of what is posted above. I have to add, though, that if marriage fraud is what he is officially accused of, there is no waiver available. Your best bet is to fight the charges now which is what you are doing. I am unsure of the appeal process in this case, if it winds up in front of a judge or not. But, either way, you need to gather evidence as to the validity of the marriage and HIS intent in entering that marriage. I tend to agree that her criminal record is neither here nor there unless you can prove that she agreed to claim the marriage was fraudulent as a way of getting out of other charges. You should be able to find out if he has a deportation order against him without an FOA as he would have been informed of this. It sounds like your lawyer is on the right track and that you are getting good advice. So, you can take what we all say for what it is worth which may not be much.

[shemarienp 0]

Thanks all for your replies. What we got was a letter of intent to deny and it was based on his first marriage being determined to be fraudulent.

I got a copy today of her indictment for the marriage fraud. It lends a lot of credence to what he has told me.

It is possible that my husband made a mistake when he was younger. I don't know, I wasn't there; but I choose to believe that he is innocent of marrying just to get a green card. I believe that he expected to have a normal married life with her.

Whatever the case was with wife #1, our marriage is true. Honestly it does me no good to think otherwise since I am not willing to divorce him at this time and we are in fact living a happy family life together. I've talked to his family members on the phone, he has put up with my daughter, who has significant mental problems, for almost two years now, and done so lovingly and with concern for her well being. Two of his friends are coming to stay for a couple days today. So we are both fully integrated into each other's lives. He's been a good father to my daughter, and a good husband to me.

We've already decided that should this not work out, there are many other places we can live other than the US. We will keep our family intact.

No matter what, though, I know the outcome's not really in my hands; the choice that I have today is to stay in the present and live my life as well as I can. So that is what we are going to do.

In the meantime, we will work on the sworn affidavits, copies of utility bills, joint checking account statements, and getting a sworn affidavit from the landlord whom they rented their house from. The landlord, I understand, had met wife #1 a few times. That's really the only choice that we have; to just keep taking the next right actions.

[CnT4ever 1]

In the meantime, we will work on the sworn affidavits, copies of utility bills, joint checking account statements, and getting a sworn affidavit from the landlord whom they rented their house from. The landlord, I understand, had met wife #1 a few times. That's really the only choice that we have; to just keep taking the next right actions.

Like I said, they will more than likely deny you even after you submit this. I hope not, but usually they do. What you submit is going to go to the same adjudicator who sent the intent to deny. However, you still need to gather all this hard evidence so that you can show it to the judge. You can still fight the outright denial. Usually they will send you a letter saying they denied you and then you will have to get with your lawyer and tell them you intend to take it to court. Of course, he could voluntarily leave, but if I were you, I would fight and take it to court. If they want to be really nasty about it, they can hold him in a detention center until his hearing, or until you pay a hefty bail. If they decide to detain him, since he is from Pakistan, they will more than likely hold him for 2 weeks regardless, as JTTF does their background check on him. More than 2 weeks then your lawyer can file a writ of corpeus havus (something like that) to release him. Being detained while waiting for a hearing is actually not common. However, because he's from Pakistan, if they want to they can do it. If they do detain him, they expedite his case and give him a court date that is sooner than if he was at home waiting for his hearing. During the time he is waiting for his hearing, he will for all intent and purposes, be out of status. He cannot work, go to school, or travel. It is imperative that he show up for court to plead his case. If he misses it, he will be out of status (with the 10 year ban) and the fight will be over. What will happens is USCIS will have an attorney represent them. They have to prove to the judge that your husband entered into the marriage fraudulently. This is actually very hard to do. Usually (and take this with a grain of salt) but usually the judge will end up approving the case (because they are unable to prove it). Your lawyer, in turn, will represent all your proofs and the judge will then make a decision. However, it takes time, money, and possibly a detention.

[shemarienp 0]

I really appreciate you telling me this. This is the hope I was looking for. We have an idea that our appeal will likely be denied and then we'll have to go to court in front of a judge. My husband actually just got through explaining this to me after I became angry with him over this case. I pray he is not put in detention. If they deny this appeal, then we are definitely planning to go to court.

He has a work permit right now and is interviewing for jobs...what would be the effect of him working in the meantime? Will that negatively impact our case?

[diadromous mermaid 36]

I really appreciate you telling me this. This is the hope I was looking for. We have an idea that our appeal will likely be denied and then we'll have to go to court in front of a judge. My husband actually just got through explaining this to me after I became angry with him over this case. I pray he is not put in detention. If they deny this appeal, then we are definitely planning to go to court.

He has a work permit right now and is interviewing for jobs...what would be the effect of him working in the meantime? Will that negatively impact our case?

It is curious that she was indicted for immigration marriage fraud. Are you sure that is what it is? Be aware that the onus lies on the petitioner to demonstrate that a marriage is bonafide, and if the alien and USC spouse cannot then a denial of adjustment of status follows. Failure to prove the bonafide nature of a marriage results in a denial, but it doesn't automatically render the marriage fraudulent. It is just that the petitioner(s) did not have sufficient evidence to overcome a presumption that the marriage was entered into for immigration benefit.

You said he filed for divorce, and had been separated prior to the adjustment of status being adjudicated (in his first marriage). This, alone, is reason to deny the petition. Statutes in the INA require an automatic denial if the marriage is non-viable, and if the parties are no longer living together at the time of adjudication of the application. It's not simply a case of the USCIS thinking the marriage wasn't real. One of the requirements is that the parties be in a viable and sustaining marriage at the time of adjudication. If she informed USCIS that they were separated, then it would follow that the application would not be successful.

Bear in mind that with second marriages, the success of adjustment of status rests not only on the current marriage, but on the former. So, your lawyer is correct. Anything that could help your case would have to be focused on why the "alien" divorced the USC spouse BEFORE the first AOS was completed. In my opinion, he'd need to show some sort of abuse, mental or physical, in order to justify moving out of the marital homes and commencing a divorce. Therefore, in addition to supplying affidavits that state that the first marriage was legitimate, he'd better have some way of demonstrating why he didn't wait until the first AOS was complete before beginning to terminate the marriage.

[shemarienp 0]

It is curious that she was indicted for immigration marriage fraud. Are you sure that is what it is? Be aware that the onus lies on the petitioner to demonstrate that a marriage is bonafide, and if the alien and USC spouse cannot then a denial of adjustment of status follows. Failure to prove the bonafide nature of a marriage results in a denial, but it doesn't automatically render the marriage fraudulent. It is just that the petitioner(s) did not have sufficient evidence to overcome a presumption that the marriage was entered into for immigration benefit.

You said he filed for divorce, and had been separated prior to the adjustment of status being adjudicated (in his first marriage). This, alone, is reason to deny the petition. Statutes in the INA require an automatic denial if the marriage is non-viable, and if the parties are no longer living together at the time of adjudication of the application. It's not simply a case of the USCIS thinking the marriage wasn't real. One of the requirements is that the parties be in a viable and sustaining marriage at the time of adjudication. If she informed USCIS that they were separated, then it would follow that the application would not be successful.

Bear in mind that with second marriages, the success of adjustment of status rests not only on the current marriage, but on the former. So, your lawyer is correct. Anything that could help your case would have to be focused on why the "alien" divorced the USC spouse BEFORE the first AOS was completed. In my opinion, he'd need to show some sort of abuse, mental or physical, in order to justify moving out of the marital homes and commencing a divorce. Therefore, in addition to supplying affidavits that state that the first marriage was legitimate, he'd better have some way of demonstrating why he didn't wait until the first AOS was complete before beginning to terminate the marriage.

The petition wasn't just denied...they called it marriage Fraud. She indicted for conspiracy to commit marriage fraud and did time. He filed for divorce because her behavior was getting worse and worse - they were getting letters from local grocery stores about bounced checks and another one from the county prosecutor. Also, she was doing drugs and disappearing for days at a time. Had it just been denied, it wouldn't be quite as bad for us.

[CnT4ever 1]

He can work until he gets the outright denial letter. The denial letter will basically tell him that he is no longer legal in the US and therefore cannot work or go to school.