Widowed on a complicated situation

[Hugosoto 0]

Hi, my case is a bit strange as complicated. 6 years ago i got married and my wife was petition me through the Cuban Adjustment act but only 3 months after our marriage she passed away, my first interview was postponed and i got a letter stating that i could not complete the petition since the petitioner was deceased, my lawyer filed an appeal and i got an interview but the official asked me many things that i really didn't know and also being married for only 3 months i had almost no written proofs, so i got a letter saying that i was denied the petition and that was suspected of sham marriage, that was 5 years ago now i been with a girl for 3 years and i'm planning to get married again and she wants to petition me (she's an American citizen) but i don't know if i can do it or how can i find out what happened with my old case.

Edited February 3, 2014 by Hugosoto

[Merrytooth 5,748]

Are you in US or back in your country?

You will be under a lots of scrutiny since you were suspected of sham marriage by USCIS.

[dwheels76 5,468]

Hi, my case is a bit strange as complicated. 6 years ago i got married and my wife was petition me through the Cuban Adjustment act but only 3 months after our marriage she passed away, my first interview was postponed and i got a letter stating that i could not complete the petition since the petitioner was deceased, my lawyer filed an appeal and i got an interview but the official asked me many things that i really didn't know and also being married for only 3 months i had almost no written proofs, so i got a letter saying that i was denied the petition and that was suspected of sham marriage, that was 5 years ago now i been with a girl for 3 years and i'm planning to get married again and she wants to petition me (she's an American citizen) but i don't know if i can do it or how can i find out what happened with my old case.

You can't find out because you weren't the petitioner. Since you know they suspected you of a sham marriage be prepared to prove this one is a bonafide relationship. That's all you can do.

[Avery Cates 1,141]

Uphill battle, be ready with a lot of proof.

[C-ma'am 684]

**Post moved from K1 to Effects of Major Family Changes on Immigration Benefits

[Hugosoto 0]

Are you in US or back in your country?

You will be under a lots of scrutiny since you were suspected of sham marriage by USCIS.

I'm in the US

**Post moved from K1 to Effects of Major Family Changes on Immigration Benefits

Thanks! I realized i posted in the wrong sub after i posted.

Uphill battle, be ready with a lot of proof.

What proofs can i get besides the bills, bank accounts, and house lease?

Thanks for all your responses!

[Caryh 5,206]

I'm a bit confused, as the Cuban Adjustment Act does not require marriage. If you're a Cuban citizen, you get around many of the requirements needed by other applicants for a green card.

http://www.uscis.gov/green-card/other-ways-get-green-card/green-card-cuban-native-or-citizen

[Shiobhan 235]

You'll be scrutinized but it can be done Get an atty

you wont get all you need from a forum although it helps

there is room for arguments from an atty, after 3 months

of marriage one cannot know everything about the other,

be prepared to show this marriage is very bonafide., also

as a Cuban don't you have some props? ...get started before

Fidel & Raul passes , after that I think deportations to Cuban

will be in high gear

[Hugosoto 0]

I'm a bit confused, as the Cuban Adjustment Act does not require marriage. If you're a Cuban citizen, you get around many of the requirements needed by other applicants for a green card.

http://www.uscis.gov/green-card/other-ways-get-green-card/green-card-cuban-native-or-citizen

I'm not a Cuban citizen, my spouse was, and according to the Cuban adjustment act they can petition their spouse even if the marriage happens after they are given the refugee status.

[Caryh 5,206]

I'm not a Cuban citizen, my spouse was, and according to the Cuban adjustment act they can petition their spouse even if the marriage happens after they are given the refugee status.

OK, now it makes sense to me.

[Merrytooth 5,748]

Are you in removal proceedings when your first petition got denied?

You might want to hire a lawyer to dig out your old case before filing anything.

[Caryh 5,206]

Are you in removal proceedings when your first petition got denied?

You might want to hire a lawyer to dig out your old case before filing anything.

Given the time frame, if they moved him into deportation proceedings, the deportation order is already standing. Then its definitely lawyer up time.

[Brother Hesekiel 2,236]

Hugo,

if you filed for Adjustment of Status, and it was denied based on assumed fraud, then that's not a time where the USCIS closes the file and walks away. Almost automatically the next step would be to have you ordered removed from the United States, and based on your means of entry (VWP or B2) this can be done by the I.O. or requires a judge to sign off on.

If you have been ordered removed, and somehow this process has escaped your attention, you'll be arrested the moment you show your face at the USCIS interview. You'll be put in detention and you'll be faster on your way home than you can imagine, again, because the paperwork for you has already all been taken care of years ago.

But even if that's not the case, if you apply for a job somewhere, and the guy who's doing the hiring tells you that he believes you are a liar and makes a note in your resume, and a few years later you apply for a job there again, and the next interviewer reads his collegues notes, what do you think are your chances of being hired?

Same here.

What you need to do is retain an AILA attorney and have him look into your USCIS file based on the Freedom of Information Act. If you have been ordered deported way back when, plan on spending many thousands of dollars with very little hope of success. If you have not been ordered deported, I suggest you and your newly wed wife spend considerable time together and gather a truck load of substantial evidence before you file for AoS.

Edited February 12, 2014 by Brother Hesekiel

[Sandra G. 5,054]

You probably was ordered removal in absentia regarding your previous AOS. The law states If the alien gets married before receiving the NTA then he/she can adjust status,but if the marriage was after receiving NTA the alien CANNOT adjust status at all. Your case is even more complicated cause they considered you had a sham marriage, then your chance is basically non existent.