Wife signed confession during interview

[sachinky 465]

Especially as the USC petitioner, she was well within her rights to demand a lawyer and not sign any confession that she knows to be false. Or just simply walk out of the interview. They're not going to pin her down to her chair and hold a pen to her hand. I've heard of beneficiaries breaking down and signing papers under duress -- extra pressure of external threats -- but I mean, what were they going to charge her with? Marrying a damn foreigner?

Retain an extremely competent and aggressive lawyer. NOW. If they refused her counsel when she requested one -- did she refuse to answer further questioning without her lawyer present? -- that's overstepping some very serious boundaries.

Let us know how it goes.

[Brother Hesekiel 2,236]

There is so much paramount information that the I.O. not provided.

That said, from what I read, the I.O. applied for AOS based on the marriage to his USC wife. During the interview, the USC wife admitted to the I.O. in charge fraudulent activity, signed a sworn statement in this regard, and later had the marriage annulled based on fraud. Am I on the right path so far?

My first question would be: what's the I.O.'s current immigration status? That's important for many reasons. If he's illegal now, he has no standing for legal action against the US government here. If he's an LPR married to another women right now, what's the purpose of digging this up?

So let's look at the ex-wife for a moment.

Since the marriage has been annulled, what would be the purpose of any legal action from her side? To have the annullment annulled? To establish that her sworn statement was a lie? What?

Third, since the I.O. wasn't present at the AOS interview, everything we heard so far here is hearsay. If the ex-wife puts out claims of unethical practices by the I.O. she also admits to a felony by giving a false, sworn statement. That aside, it would be her word against the I.O.'s and that in an immigration case. The key word here is PROOF. And I can't imagine what can be proven here other than a sworn statement that the marriage was fraudulent and the marriage later annulled.

Sorry, but unless I am missing something or misunderstood something, I use the phrase many lawyers use: you have no case.

Edited December 18, 2009 by Just Bob

[sachinky 465]

Bob--the OP's FIRST marriage to his ex-wife ended in annulment.

His SECOND wife at their AOS interview signed the confession statement.

[lucyrich 20]

Tbone, do you think this is a miranda rights issue...ie they were saying she faced charges but refused her representation?

Miranda Rights are only violated if they are not read to someone if they are actually arrested.

Not necessarily even then.

The Miranda decision just says that, while you are in custody, before they take your testimony that may be used against you in a criminal case, they've got to inform you of your fifth amendment rights against self-incrimination, and your right to legal representation, etc..

If they fail to properly inform you of your Miranda rights, then any self-incriminating statement you make can't be used against you in a criminal case. In other words, even if law enforcement officers really screw things up and commit an egregious violation of the intent of the Miranda decision, the most extreme remedy available is that the testimony which you gave can't be used against you in a criminal case.

That doesn't mean that the testimony or confession can't be used in an immigration context. Applying for an immigration benefit is a civil matter, not criminal.

[fech75 1]

Tbone, do you think this is a miranda rights issue...ie they were saying she faced charges but refused her representation?

Someone mentioned to me that if the officer threatened her with criminal charges he should have respected her wishes to have an attorney present.

[fech75 1]

You say your wife was there to get your through you annulment, how long after the first marriage ended did you get married to your current wife? If it was right after annulment that could be your reason right there, you had just ended a marriage and were already marrying another citizen, they might see that as a means to get your permanent residency and not as a legitimate marriage.

Yes you are right. I married my wife 2 months after my first marriage was annulled. I am sure that is a red flag.

[Brother Hesekiel 2,236]

Thanks for that. I totally missed that, even read the "2 days" as "2 years ago."

The question about the misconduct of the I.O. remains: how does the wife PROOF misconduct of the I.O.? And if she signed a sworn affidavit that her marriage is fraudulent, doesn't she put herself in an undesirable legal position?

Also, and that would be a great question for a poll. Assuming you are a US citizen and you are happily married to your spouse. You sit in the I.O.'s office, and he's unfriendly, mean, argumentative even, but he doesn't waterboard you and doesn't put a gun at your head:

What would it take for you to sign a false, sworn affidavit that your "real" marriage is fake?

[fech75 1]

Especially as the USC petitioner, she was well within her rights to demand a lawyer and not sign any confession that she knows to be false. Or just simply walk out of the interview. They're not going to pin her down to her chair and hold a pen to her hand. I've heard of beneficiaries breaking down and signing papers under duress -- extra pressure of external threats -- but I mean, what were they going to charge her with? Marrying a damn foreigner?

Retain an extremely competent and aggressive lawyer. NOW. If they refused her counsel when she requested one -- did she refuse to answer further questioning without her lawyer present? -- that's overstepping some very serious boundaries.

Let us know how it goes.

I have a meeting with a lawyer on Monday. I was upset and confused that she signed the papers as well. But at the end of the day, she was not expecting this treatment and there was just too much going on. She just couldn't take it anymore. She was there for about an hour and she said that as soon as she walked in the officer started yelling at her. That in addition to her mom crying on the phone.

I wonder if the officer told her mom that the only way out for her daughter was for her to say that the marriage was a sham. We called her mom immediately after the incident but she is really to upset to talk. She is going to go home next week to meet her mom.

The lawyer I am meeting is familiar with the particular immigration officer and said she had ran into similar issues. He seems to be very aggressive and intimidating.

[FortLaudy 10]

How long was your first marriage? getting married shortly after a previous marriage ends or getting married right when another type of visa ends is a red flag for sure...

[Old Dominion 26]

To recap, the OP is in the U.S. illegally now, since he never filed the AOS for whatever reason. He "quickly" married a USC and filed for AOS. The day of the interview, she had a few fortifying drinks. She was interviewed separately from the OP. She admitted (maybe in a bit of an alcohol-induced haze) that the marriage was a sham. Her mom was also present?

If the interview was for HIS green card, where was he? Was she a bit tipsy? Am I wrong in believing she is a U.S. Citizen? Why was her mom there? Did she also have a bit of juice before going?

[FortLaudy 10]

To recap, the OP is in the U.S. illegally now, since he never filed the AOS for whatever reason. He "quickly" married a USC and filed for AOS. The day of the interview, she had a few fortifying drinks. She was interviewed separately from the OP. She admitted (maybe in a bit of an alcohol-induced haze) that the marriage was a sham. Her mom was also present?

If the interview was for HIS green card, where was he? Was she a bit tipsy? Am I wrong in believing she is a U.S. Citizen? Why was her mom there? Did she also have a bit of juice before going?

Corrections:

"I arrived as an F-1, but I have been here for over 15 years between F-1 and H1B - always legally in this country"

The mother-in-law was on the phone with the immigration officer & wife, not present

He was at the interview, but they called the wife first and made him wait in the wating room

He married again 2 months after the annulment of his first marriage.

TO THE OP

1. What visa are you on now and when does it expire?

2. How long did your first marriage last?

3. You said your first wife petitioned for you - she signed and mailed off the I-130 but then you never followed it up with the AOS application?

4. Was the I-130 from the previous marriage approved?

[sachinky 465]

This is not a rhetorical question -- WHAT specifically did they say they were going to charge her with? You said something about some business being investigated? Because I'm really curious to find out what it would take for a USC petitioner to sign a false sworn affidavit that testifies that her legitimate marriage is a fake one. Speaking for myself (and I'm NOT the USC petitioner) I know for sure that I wouldn't be signing any damn thing unless someone was holding a gun to my head. Or my husband's. Or threatening the life of loved one -- all bets are off then. However, "yelling" at me isn't going to make me sign a false confession.

If it gets too ugly, just walk out. Screw the GC.

Your quick marriage to another USC petitioner after an annulment is indeed a big red flag. Perhaps, that is something that triggered this.

I think you need to get a blow-by-blow account of the interview from your wife and your MIL including ALL questions asked. Ask them to stop being upset and instead be constructive and helpful. Things are not looking too good for you -- I hope you are given good legal counsel by your lawyer. If your motives and marriage is truly genuine, then I wish you luck.

Edited December 18, 2009 by sachinky

[juliava 80]

I am sorry about your case.

You said in your first post that "you are assuming you got denied 2 years ago". What does it mean...Did you get a denial letter or not?What does it say? What's your curent status?

[FortLaudy 10]

2 DAYS ago, not years . I guess because they straight up told him they know it's fake and she signed a confession admitting it's fake??

[sachinky 465]

I think it's funny that even I, at first glance, read it as "2 years ago" instead of the 2 days ago that the OP actually mentions. I had to reread it twice. Three of us who thought the same thing--strange, jah?

Maybe some letters jump out more than others: "mY grEen cARd 2 dayS AGO."

Oops. Sorry to digress.

Edited December 18, 2009 by sachinky