removal proceeding/invalid marriage

[Daveba 0]

Hello,

I need urgent help with regards to my husband immigration process.

I get married to my husband husband on Aug,31 2007. file an I130 petition for for him with his I485 and EAD concurrently. The EAD was approved and we were call for and interview on 4/16/08.

After the interview, the receive a letter from USCIS informing of us of the intent to deny the petition. I responded with more documents and also get affidavits from my family and friends who know our relationship. However, the petition was denied by the Milwaukee office cuz the say they dont believe our marriage was bona fide.

I appeal the decision and the appeal was also denied. about a month after the denial, my husband was put in removal proceedings. before we go to court, I refile an other I130 with california service center and this time it was approved. We went with the approved I130 to the court and after two hearings, the judge says he was satisfied that our marriage was in good faith.

However, the US attorney at the trial raise a whole different issue and that is he says my husband was married in his country and he never mention it to USCIS officers thereby concealing a material fact. The Judge adjourn the case and advice us to go look at the issue weather it was material or not. Meanwhile, the US attorney ask the USCIS to revoke my approved I130. I receive a notice of intent to revoke the I130 and respond with even more evidence including my husband's divorce papers from the his country. However, that did not prevent the USCIS from revoking my approved I130.

They say that my marriage is not valid under Wisconsin law cuz my husband was divorce in his country 7/31/07 and we got married 8/31/07. In this case, under my husband's country law, he is free to marry immediately and that was what we were all thinking should apply. We both did not know that there is a law in WI that says we must wait 6 months before we can marry even-though my husband was never married in the US not to talk of WI.

MY MAIN PROBLEM AT THE MOMENT IS THAT I DONT KNOW WHAT TO DO CUZ EVEN MY LAWYER IS ALMOST FREEZE. MY LAWYER ADVICE US TO REMARRY AND REFILE ALLOVER AGAIN. I THINK IT MAKES SENSE BUT MY WORRY IS THAT IS IT POSSIBLE WHEN MY HUSBAND IS REMOVAL PROCEEDING.

I VERY MUCH LOVE MY HUSBAND AND WE ARE LIVING TOGETHER VERY HAPPILY. I DO NOT WANT HIM TO LEAVE THIS COUNTRY EVEN IF I'M DEAD. HE LOVES ME, CARE FOR MY KIDS EVEN MORE THAT THEIR BIOLOGICAL DADDY AND BOTH OF MY DISBLE PARENTS LIKE HIM VERY AS WE ALL LIVE TOGETHER.

PLEASE HELP ME WITH WHAT TO DO BECAUSE THE SYSTEM THAT IS SUPPOSE TO PROTECT ME AS A US CITIZEN IS MAKING MY LIFE HELL.

[Kathryn41 3,205]

This really does sound appalling. I am sorry that I don't really have any knowledge in this area but one thing you might want to have your lawyer do - check the actual wording in the Wisconsin law that discusses re-marriage after a divorce. Does it categorically state that anyone from anywhere in the whole world who wishes to get married in Wisconsin has to have been divorced for 6 months at the time of the marriage? Your husband would not have been a state resident so does the state law apply to him? It seems more accurate that his own country's laws would apply in this circumstance unless the law clearly states that it applies to all marriages in Wisconsin regardless of where the other person lives and where the divorce took place - even if the other person does not legally reside in Wisconsin.

You might also want to get your Senator or Representative involved. It sounds like USCIS was trying to say it was an invalid marriage, then when that fell through, that your husband wasn't free to marry because he was still married, and then when that fell through, they are now trying to use a state law that says someone must be divorced for 6 months before they can marry in Wisconsin. The trick will be trying to see if your husband would fall under that law when you were married or not.

Re-marrying and applying again for the I-130 and a stay of deportation sounds like a viable course of action to take while letting this one run its course. Considering the length of time you have been together and the fact that the judge did agree you had a true relationship, the obstacle seems to be making it clear it is also a true marriage. Your husband should definitely NOT leave the US as this will trigger a 10 year ban on re-entry. Have your lawyer try to get another hearing with the judge with the new marriage and the I-130 as well as trying to find out if your husband was even subject to the 6 month waiting period when you married the first time.

Good luck - hopefully someone else will come along with some more ideas.

Edited July 5, 2010 by Kathryn41

[Deputy Purple 1,294]

According to Wisconsin State Law the 6 month restriction is regardless of where the divorce happened and can't be waived.

Here is a PDF with the information.

This means that you are not married!

Sounds like you will need to get legally married and then you can file a new I-130 for your husband.

[Daveba 0]

Kathryn41 thank you so much for ur thought. I did already contact my senator who promise to get back to sometime after the July 4th recess. Mean while, Im really desperate because cuz this is only time in my 42yrs of living that I have the man of my dream. I have undergone a lot of abuse from previous relations and even went to a point that I loose hope in life. Its this my husband who gave me hope, love, care and life if you will when i need it most.

If the system wants to take him away from me, its like they taking my. My husband have never committed any crime anywhere in the world and yet still the system is against us for trying to do the right thing.

Please I need more thoughts fellows.

[Kathryn41 3,205]

There is an interesting clause in the above PDF that may be of interest:

You may apply for a marriage license prior to the 6-month anniversary date of your divorce but you cannot marry before the 6-month anniversary date. The license cannot be issued to you until the 6-month anniversary date (or on the first working day after the anniversary date, if that date falls on a weekend or holiday).

That means that they did issue you a marriage license before they should have so the State is at fault here as well. Maybe your lawyer can use that to buy you some time. As Bob4Anna states, it appears you do need to get married again. Apply for the license, wait the 6 days, then get married and re-submit the I-130 and the I-485. Have your lawyer apply for a stay of deportation in order to allow for this application to be adjudicated. I would do this as soon as you can if you wish to keep this man in your life and the US.

Good luck.

Edited July 5, 2010 by Kathryn41

[Brother Hesekiel 2,236]

The way I understood the original post, the I.O.'s husband concealed the fact that he had been married before. When applying for a marriage license, did he state the same (never been married)? If so, they can't blame the city drone for issuing a marriage license, now, can they?

[justashooter 430]

my husband was married in his country and he never mention it to USCIS officers thereby concealing a material fact. The Judge adjourn the case and advice us to go look at the issue weather it was material or not.

THE SYSTEM THAT IS SUPPOSE TO PROTECT ME AS A US CITIZEN IS MAKING MY LIFE HELL.

you have the reason for denial in front of you. the system is not making your life hell. your husband's lie is making your life hell.

of interest is how your husband got into the USA. he was in gambia a month before you got married to get his divorce, and was in USA a month later to get married to you? what kind of visa was used for the initial entry, and does he have a copy of the application, which would have included quex about marital status?

[Deputy Purple 1,294]

So the bottom line here is that you & your husband are not married. If you apply for a marriage license now you can get married legally on your "anniversary" this year and keep that date.

Unfortunately this brings up other issues:

Taxes, if you've been filing jointly as married then you'll need to correct those returns.

Employment benefits, if you've received any benefits (such as medical coverage for him) then you might have to deal with repayment to your employer.

But the first thing on your list should be getting legally married and filing a new AOS. You should try to see if they're going to tack misrepresentation onto either of you or just let it drop as an innocent mistake.

[justashooter 430]

the bigger issue here is whether this guy will be able to retain any kind of status, at all.

he concealed a material fact in whatever visa application brought him here to begin with, and is about to be deported based on that misrepresentation. the marriage validity is a sideline, at best.

[Deputy Purple 1,294]

the bigger issue here is whether this guy will be able to retain any kind of status, at all.

he concealed a material fact in whatever visa application brought him here to begin with, and is about to be deported based on that misrepresentation. the marriage validity is a sideline, at best.

That's an assumption on your part unless you got this info from another thread.

The OP said, "I get married to my husband husband on Aug,31 2007. file an I130 petition for for him with his I485 and EAD concurrently".

So if at the time of his Visa application he stated that he was married or recently divorced (whichever he was at that time) then he is fine. His entry into the US wasn't based on his relationship to the OP as she filed the Petition & AOS at the same time.

Sounds more like he concealed the recentness of his divorce or the whole divorce from the County Clerk when they applied for the marriage license.

Edited July 5, 2010 by Bob 4 Anna

[Daveba 0]

My husband did not conceal anything from the county clerk. Our understanding was that they were asking if he where married in the US or WI. Every natural human being make mistake but the USCIS Officers think they are perfect when they are worst. people deserve breaks for simple mistakes that are not the end of the world.

[Deputy Purple 1,294]

My husband did not conceal anything from the county clerk. Our understanding was that they were asking if he where married in the US or WI. Every natural human being make mistake but the USCIS Officers think they are perfect when they are worst. people deserve breaks for simple mistakes that are not the end of the world.

By international treaty The US recognizes foreign marriages that are recognized by the host country so if he was ever married anywhere then he was married in the US (and WI) regardless of where the ceremony took place.

What Visa did he use to get into the US? Did he properly disclose his marital status on the application?

You're correct, everyone makes mistakes but you are incorrect in thinking that USCIS should approve his AOS based on a marriage that isn't valid.

You made a mistake, now do the footwork to correct it and re-file. Your current attempt for him to AOS has no path to success because he has no basis to AOS since HE IS NOT MARRIED TO YOU.

I would also advise you to review your past tax filings and correct them as the IRS is much kinder when you approach them versus when they have to hunt you down.

[Daveba 0]

I FOUND THIS IN THE WISCONSIN STATUE. CAN U PLEASE HELP IF SEE IF THIS APPLY TO ME AND HOW DO I GO ABOUT IT.

Removal of impediments to subsequent marriage.

If a person during the lifetime of a husband or wife with

whom the marriage is in force, enters into a subsequent marriage

contract in accordance with s. 765.16, and the parties thereto live

together thereafter as husband and wife, and such subsequent marriage

contract was entered into by one of the parties in good faith,

in the full belief that the former husband or wife was dead, or that

the former marriage had been annulled, or dissolved by a divorce,

or without knowledge of such former marriage, they shall, after

the impediment to their marriage has been removed by the death

or divorce of the other party to such former marriage, if they continue

to live together as husband and wife in good faith on the part

of one of them, be held to have been legally married from and after

the removal of such impediment and the issue of such subsequent

marriage shall be considered as the marital issue of both parents.

[Deputy Purple 1,294]

I FOUND THIS IN THE WISCONSIN STATUE. CAN U PLEASE HELP IF SEE IF THIS APPLY TO ME AND HOW DO I GO ABOUT IT.

I don't believe it would apply to your case. This covers situations wherein you thought he was divorced or the former spouse was deceased but it turned out to not be the case.

In your situation your marriage license is invalid because you failed to observe the required waiting period whereas this statute specifically covers situations where the impediment of the subsequent marriage is that the previous marriage still exists and at least on party of the subsequent marriage had no knowledge of this fact thereby entering the marriage in good faith.

Bottom line is that the marriage which you based your I-130 petition on is invalid therefore that petition is dead. Just marry him again and file new paperwork.

Edited July 7, 2010 by Bob 4 Anna

[Daveba 0]

Fellows,

I want to know how much is the fee for EOIR-29?? I send my appeal for the BIA to review it at the milwaukee office with a fee of $110. The Milwaukee office send back my application tru my lawyer informing us that the fee we send is not enough and that the fee is $585. I just check their website while writing this post and it says $110. Can some1 Please tell me why how this happens.

I send them the $585 they requested and waiting to hear from em.