Some of the marriage RFE reasons

[LotofPatience 65]

Some of the marriage RFE reasons are listed below. It has been extracted from the Adjudicator's Field Manual of USCIS - Section 21.3

Large disparity of age;

Inability of petitioner and beneficiary to speak each other's language;

Vast difference in cultural and ethnic background;

Family and/or friends unaware of the marriage;

Marriage arranged by a third party;

Marriage contracted immediately following the beneficiary's apprehension or receipt of notification to depart the United States;

Discrepancies in statements on questions for which a husband and wife should have common knowledge;

No cohabitation since marriage;

Beneficiary is a friend of the family;

Petitioner has filed previous petitions in behalf of aliens, especially prior alien spouses.

Loto

[caliguy77 1]

Some of the marriage RFE reasons are listed below. It has been extracted from the Adjudicator's Field Manual of USCIS - Section 21.3

Large disparity of age;

Inability of petitioner and beneficiary to speak each other's language;

Vast difference in cultural and ethnic background;

Family and/or friends unaware of the marriage;

Marriage arranged by a third party;

Marriage contracted immediately following the beneficiary's apprehension or receipt of notification to depart the United States;

Discrepancies in statements on questions for which a husband and wife should have common knowledge;

No cohabitation since marriage;

Beneficiary is a friend of the family;

Petitioner has filed previous petitions in behalf of aliens, especially prior alien spouses.

Loto

Hey Loto

In the same manual I was reading that if the petitioner got LPR thru a previous marriage to a USC, then a special note will be put on the app indicating to the consulate that it may be a possible Sham. We are definitely talking AP here.

The situation is that the Petitioner did get LPR thru marriage to a USC about 6 yrs ago. Became LPR, removed conditions showing good faith etc. And then got married this year to a non USC. The petitioner now is a USC and has applied for CRI1 for the beneficiary not currently residing in US. The beneficiary has never been previously married.

I am looking at 100% chance for AP for the wife (beneficiary) here ? What do you think ?

[LotofPatience 65]

Hey Loto

In the same manual I was reading that if the petitioner got LPR thru a previous marriage to a USC, then a special note will be put on the app indicating to the consulate that it may be a possible Sham. We are definitely talking AP here.

The situation is that the Petitioner did get LPR thru marriage to a USC about 6 yrs ago. Became LPR, removed conditions showing good faith etc. And then got married this year to a non USC. The petitioner now is a USC and has applied for CRI1 for the beneficiary not currently residing in US. The beneficiary has never been previously married.

I am looking at 100% chance for AP for the wife (beneficiary) here ? What do you think ?

caliguy77,

That's correct. But the manual says "If the Petitioner did get LPR thru marriage to a USC within 5 years and now applying for the new husband/wife, the denial will be there".

The LPR can overcome this prohibition if he or she establishes by clear and convincing evidence that the prior marriage was not entered into with the purpose of evading the immigration laws, or that the prior marriage ended through death.

Loto

[caliguy77 1]

caliguy77,

That's correct. But the manual says "If the Petitioner did get LPR thru marriage to a USC within 5 years and now applying for the new husband/wife, the denial will be there".

The LPR can overcome this prohibition if he or she establishes by clear and convincing evidence that the prior marriage was not entered into with the purpose of evading the immigration laws, or that the prior marriage ended through death.

Loto

We are both talking about 5-year spouse-INA 204(a)(2)(A)

So in my case the LPR is now a USC. At the time of 130 submission for spouse it had been over 5 years since the Petitioner got Conditional LPR. The marriage however happened just a few months short of the 5 year mark. But the LPR petitioner waited a few months till the citizenship and then applied.

I hope they don't flag my application. I am the petitioner in this case. I got my conditions removed after the divorce so I should be ok... Just got nervous last night after reading all of this.. your thoughts ?

[ugk 0]

If I was you, I would hang in there patiently and wait to hear from USCIS as you have already filed the paperwork. As long as your marriages were/are genuine, you don't have to worry.

cheers

We are both talking about 5-year spouse-INA 204(a)(2)(A)

So in my case the LPR is now a USC. At the time of 130 submission for spouse it had been over 5 years since the Petitioner got Conditional LPR. The marriage however happened just a few months short of the 5 year mark. But the LPR petitioner waited a few months till the citizenship and then applied.

I hope they don't flag my application. I am the petitioner in this case. I got my conditions removed after the divorce so I should be ok... Just got nervous last night after reading all of this.. your thoughts ?

[LotofPatience 65]

We are both talking about 5-year spouse-INA 204(a)(2)(A)

So in my case the LPR is now a USC. At the time of 130 submission for spouse it had been over 5 years since the Petitioner got Conditional LPR. The marriage however happened just a few months short of the 5 year mark. But the LPR petitioner waited a few months till the citizenship and then applied.

I hope they don't flag my application. I am the petitioner in this case. I got my conditions removed after the divorce so I should be ok... Just got nervous last night after reading all of this.. your thoughts ?

Caliguy77,

Second marriage was very close to the 5 year mark, so it is the decision of the adjudicating officer. Wait for the process in USCIS, NVC & Interview. Meanwhile, gather all "convincing evidences" because "The LPR can overcome this prohibition if he or she establishes by clear and convincing evidence that the prior marriage was not entered into with the purpose of evading the immigration laws."

Loto

[caliguy77 1]

Caliguy77,

Second marriage was very close to the 5 year mark, so it is the decision of the adjudicating officer. Wait for the process in USCIS, NVC & Interview. Meanwhile, gather all "convincing evidences" because "The LPR can overcome this prohibition if he or she establishes by clear and convincing evidence that the prior marriage was not entered into with the purpose of evading the immigration laws."

Loto

Thanks. Man I had already collected all the paper when I was moving conditions based on good faith, was interviewed and all. Since then to move on in my life I have shredded most of the evidence. I hope they dont make me prove that the prev marriage was legit all over again.

I am hoping that in the process, they are suppose to look at this if the petitioner is a LPR. Since I am not I am keeping my fingers crossed that they will over look it. My wedding date is 2.5 months before the 5 year lpr period.

Do you know if the petitioner can go with the beneficiary to the interview ? I would hate to prepare my spouse about all the details of my past - she knows but I don't want her memorize dates etc..

[LotofPatience 65]

Thanks. Man I had already collected all the paper when I was moving conditions based on good faith, was interviewed and all. Since then to move on in my life I have shredded most of the evidence. I hope they dont make me prove that the prev marriage was legit all over again.

I am hoping that in the process, they are suppose to look at this if the petitioner is a LPR. Since I am not I am keeping my fingers crossed that they will over look it. My wedding date is 2.5 months before the 5 year lpr period.

Do you know if the petitioner can go with the beneficiary to the interview ? I would hate to prepare my spouse about all the details of my past - she knows but I don't want her memorize dates etc..

Some consulates will allow the petitioner to be with the beneficiary. When the interview is scheduled, contact with the Consulate and get the appointment/permission. Also, take all the evidences that you have.

Loto

[moctar 0]

Hey Loto

In the same manual I was reading that if the petitioner got LPR thru a previous marriage to a USC, then a special note will be put on the app indicating to the consulate that it may be a possible Sham. We are definitely talking AP here.

The situation is that the Petitioner did get LPR thru marriage to a USC about 6 yrs ago. Became LPR, removed conditions showing good faith etc. And then got married this year to a non USC. The petitioner now is a USC and has applied for CRI1 for the beneficiary not currently residing in US. The beneficiary has never been previously married.

I am looking at 100% chance for AP for the wife (beneficiary) here ? What do you think ?

Hi Loto,

What if the petitioner gained LPR thru marriage in Mar. 2002 but got citizenship thru military service in Dec. 2003? Is that the reason they put my wife in AP? and if so, how long do you think that may take?

Thank you,

Moctar

[LotofPatience 65]

Hi Loto,

What if the petitioner gained LPR thru marriage in Mar. 2002 but got citizenship thru military service in Dec. 2003? Is that the reason they put my wife in AP? and if so, how long do you think that may take?

Thank you,

Moctar

Moctar, when did you marry this time? I see your I-130 filing in 2009-10-15?

Loto

[moctar 0]

Moctar, when did you marry this time? I see your I-130 filing in 2009-10-15?

Loto

I married Aug 8th 2009.

[LotofPatience 65]

I married Aug 8th 2009.

Your current marriage is well above that 5 years mark. So, I don't think your AP is not that issue.

Loto

[moctar 0]

Your current marriage is well above that 5 years mark. So, I don't think your AP is not that issue.

Loto

Thank you.

[caliguy77 1]

Thank you.

How long have you been in AP for. I am noticing bunch of other reasons for AP. Such as age gap. How long you knew each other prior the marriage. How much evidence did you show them. The fact that you are in military should work for your favor. May be your consulate has a high fraud rate which is why they are doing AP on every one.

How has it been since the AP ?

[moctar 0]

How long have you been in AP for. I am noticing bunch of other reasons for AP. Such as age gap. How long you knew each other prior the marriage. How much evidence did you show them. The fact that you are in military should work for your favor. May be your consulate has a high fraud rate which is why they are doing AP on every one.

How has it been since the AP ?

- Age gap is 10 years ( but that's is very normal in the country I am coming from ).

- Evidence is not a problem either, because the consulate said they don't need any additional information or documents from us.

- Also, it is very easy to verify the relationship in the country I am coming from, because it is a small country (less than 3 millions) and almost everybody knows each other.

- My military service doesn't seem to have any positive impact here, and I hope it is not working against me.

I have been in AP since June 22nd. Every time I ask for the status of my case the reply I got from the consulate is: "We have Initiated all our inquiries and waiting for replies, we cannot predict how long this will take however", which is very frustrating to me, but there is nothing I can do, just wait and see..