2nd marriage, 3-year wait, 2 interviews, no answer on the spot.

[donuthole 1]

I keep on thinking that you have a Lawyer but it seems the Lawyer is not fully involved.

Marriage Fraud is a big deal. To deport you all they need is that you are not legally here so why bother going nuclear?

Sounds like you attended the second interview and failed to mention that you had split up, I am putting it kindly.

I do have a lawyer, but she is not as proactive as lawyers are supposed to be. So, I had to hire a different attorney to go to the interview with us.

[Boiler 45,965]

Does the new lawyer know the full story?

[donuthole 1]

Does the new lawyer know the full story?

Yes.

[Boiler 45,965]

In your situation the issue that would worry me is the marriage fraud issue. I would expect a lawyer to be looking to build up a good defence for this issue. Lack of supporting documentation would be a concern.

[donuthole 1]

In your situation the issue that would worry me is the marriage fraud issue. I would expect a lawyer to be looking to build up a good defence for this issue. Lack of supporting documentation would be a concern.

I appreciate your suggestion. I will get in touch with my attorney and see what can be done.

[Boiler 45,965]

Too many issue's. Using a small screen.

You need an overall strategy. The one that could really hurt is the marriage fraud.

[donuthole 1]

Too many issue's. Using a small screen.

You need an overall strategy. The one that could really hurt is the marriage fraud.

The best I can do at this point is start digging up whatever I have that could help my case. If the worst comes to worst, I can contact her and ask her to write an affidavit. I just don't know how much of a help that would be.

[ggsacks 82]

This is all really weird. Are you saying that at your second interview with your first spouse, you pretended to still be happily married and living together? And when I ask that, I don't mean "did you explicitly state that you were no longer together?", I mean: were you attempting to present yourselves as still together in order to obtain your green card?

If so, you are inadmissible based on willful misrepresentation. This doesn't just go away with a withdrawal of an application or the filing of a separate one. Misrepresenting yourself to USCIS, regardless of the outcome, is serious business.

Willful misrepresentation carries a lifetime ban from the United States.

Edited December 7, 2014 by GiuseppeG

[dwheels76 5,468]

"We were separated for about two years until we were called for the second interview. At that time I was already seeing my current wife. I contacted my former spouse and asked her if she could go with me."

Do you realize you misrepresented yourself by just going to the interview. Attending you are saying you are in a bonafide ongoing marriage. And here you were working on marriage #2. You two weren't even living together. Not cool at all. Does your lawyer really know all this happened.

[ggsacks 82]

"We were separated for about two years until we were called for the second interview. At that time I was already seeing my current wife. I contacted my former spouse and asked her if she could go with me."

Do you realize you misrepresented yourself by just going to the interview. Attending you are saying you are in a bonafide ongoing marriage. And here you were working on marriage #2. You two weren't even living together. Not cool at all. Does your lawyer really know all this happened.

It's only misrepresentation if they were pretending to still be living together as a legitimate couple. The OP doesn't make clear whether or not they did this at the second interview.

Separation alone is not necessarily grounds for an AoS denial, as long as the marriage was entered into in good faith (from my understanding). But if they did indeed misrepresent themselves, that's probably the worst situation to be in. Especially as USCIS will know from the dates on the second application that the OP met their spouse #2 before the second interview with spouse #1.

So, basically:

1) the OP didn't pretend to still be living in a legitimate marriage with spouse #1 at their second interview, in which case the extra scrutiny makes sense, but they will still be eligible to adjust status based on marriage to spouse #2 providing that relationship is genuine.

OR

2) the OP went to the second interview with spouse #1 and represented themselves as a still happily married couple. In this instance, assuming USCIS connects the dots, OP is likely up for deportation with a lifetime ban.

[AnotherLostSoul 167]

What belinda is saying is that you showed up with your first wife to the second interview, while you are already in a relationship with your current wife. That is, in itself, considered to be a fraud. Why would you ever think about going to an AOS interview when you are already in a relationship with someone else? That is the fraud, not the fact that you married your first wife at the time...

No. There was no fraud. Our marriage just didn't work out. The notice for the second interview was addressed to my former spouse, not me, - and that is why I asked her if she would be willing to go. If we were asked about the condition of our marriage at the interview, we would certainly say it how it was.

[Cathi 5,783]

you asked your first wife to attend the interview 2 years after you were separated and didn't tell USCIS you were no longer living together as husband and wife. No matter how you spin it, you committed fraud, plain and simple. Your second marriage isn't the issue, the first marriage is. Just because you are remarried doesn;t discount the fact that you lied in order to obtain a visa.

[ggsacks 82]

you asked your first wife to attend the interview 2 years after you were separated and didn't tell USCIS you were no longer living together as husband and wife. No matter how you spin it, you committed fraud, plain and simple. Your second marriage isn't the issue, the first marriage is. Just because you are remarried doesn;t discount the fact that you lied in order to obtain a visa.

The OP hasn't confirmed whether they actually lied at the second interview and presented themselves as still living together. I think this is probably what happened, but we don't know enough of the facts to call them a liar.

Either way, fraud only comes into play if the immigration benefit was eventually granted. This is willful misrepresentation, not fraud.

[Boiler 45,965]

There is a waiver for misrep. But not for marriage fraud.

He has a Lawyer. Cases like this are where Lawyers make their money.

The biggie is that they suspect marriage number one was an set up to get a GC.