notice of intent to deny

[Villanelle 4,122]

Found it, oddly enough on the UAE site, I was almost right. You did have to marry him after all the other marriages were terminated. So idea......since the US doesn't recognize your marriage......file for a fiance visa. Or you could go to another country and marry.

No. It doesnt have to be after all the other marriages were terminated.

Heres the complete decision for "Arenas"

http://www.uscis.gov/ilink/docView/INT/HTML/INT/0-0-0-65300/0-0-0-79131.html

The woman "Arenas" was married to a USC on March 1972. She didnt divorce her first husband until May 1974. In or around 1975 they filed for immigration benefits and were denied and appealed it and won hence the "Matter of Arenas-Decision #2343"

To file, you must only be married to one person. I suspect the person who sent her the intent to deny did so in error because it is a confusing subject and not very common. Hopefully they accept it when she sends back proof of the policy stating she is eligible with supporting documents. If not she'll have to go through the appeal process to have the appeal court determine she meets the criteria.

(If Im misinterpreting the decision and she doesnt (the appeal court rejects her)- then she'll have no choice if she wants a GC then to remarry her spouse in a way that the US will determine is legal)

I mean does anyone else have any thoughts on the "matter of Arenas"? Agree? Disagree? I think if she sends it in along with proof that the prior marriage was dissolved (the divorce of spouse 1) and proof she presented herself to others as being married (the Jordan Certificate) and other supporting evidence from 1999 on she will qualify.

Edited February 25, 2013 by capri

[Villanelle 4,122]

I also want to add that Im not entirely sure this "arenas" thing is going to work. I think its the best shot you have at getting them to accept your marriage.

If it doesnt work right off the bat, youre going to have some difficult choices. You explained getting remarried isnt going to be simple. Going through the appeal process isnt simple either and I honestly dont know if you would win it.

Theres a lot of tricky language involved here- it refers to things in Texas and the law of the place where you were married (the person in the appeal was married in Texas- you werent). Theres the clause about- things offensive to public policy like plural marriages.

So I really dont know. If its not accepted right away- I dont know whats the next move. Appeals can take around 6 months with out a guarantee of winning.

If it was me, I would submit the things I already mentioned. If it comes back rejected- then maybe consider getting a free consultation with a lawyer or even paying for an initial consultation to see if you do have a valid appeal. It doesn't mean you have to hire the guy to file it. Get more then one opinion because some lawyers will file even if they know youre going to lose just to charge you. If it turns out the appeal is not a viable option because "arenas" is too different from you- then youre back to having to figure out if you want to relocate to the US and remarry or not.