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Posted (edited)

Hey everyone, I wonder if anyone has an experience regarding to marriage fraud, the uscis said they cannot approve my current marriage even though I have two babies with my current husband and he is in the military and they said they don't believe that my first marriage is real. I used to be on F1 visa and currently I am holding a tourist visa, I wonder if you can share any experience, thank you so much! 

Edited by Rogerphnom
Missing words
Filed: Citizen (apr) Country: Canada
Timeline
Posted

Having children and your 2nd husband's military status is irrelevant to whether or not they'd think your first marriage is real/fraud..

What was the focus of the IO in regards to your first marriage?  Did you divorce quickly and then remarry soon after?  What were the red flags brought up during your interview?

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

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Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Agree with the above poster, a bit more information regarding your first marriage is important for good advice.

 

Good luck 

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Medical
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Filed: AOS (apr) Country: Uganda
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Posted
5 hours ago, Rogerphnom said:

Hey everyone, I wonder if anyone has an experience regarding to marriage fraud, the uscis said they cannot approve my current marriage even though I have two babies with my current husband and he is in the military and they said they don't believe that my first marriage is real. I used to be on F1 visa and currently I am holding a tourist visa, I wonder if you can share any experience, thank you so much! 

what happened to your first marriage? did you attempt to AOS during that marriage? You need a lawyer at this point, a good one at that.

Filed: Citizen (apr) Country: Brazil
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Posted
12 hours ago, Rogerphnom said:

Hey everyone, I wonder if anyone has an experience regarding to marriage fraud, the uscis said they cannot approve my current marriage even though I have two babies with my current husband and he is in the military and they said they don't believe that my first marriage is real. I used to be on F1 visa and currently I am holding a tourist visa, I wonder if you can share any experience, thank you so much! 

 

If you applied for any immigration benefits based on your first marriage, and USCIS deems that marriage to not be real then you have misrepresented yourself in a material way to gain immigration benefits, an offense that carries a ban. Your second marriage, your husband's military status, and your children don't change any of that.

Filed: Citizen (apr) Country: Indonesia
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Posted
18 minutes ago, Rogerphnom said:

They said that my first husband is a gay guy and  I have already gave them all the evidences I have from my first marriage, and they still can't approve me, should I move my family to other countries? 

 

So did try to adjust status with your first husband? And then divorce him soon after you were denied? If yes, well then I totally understand why USCIS is skeptical of your actions. 

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Posted
25 minutes ago, Rogerphnom said:

They said that my first husband is a gay guy 

I don't remember sexual orientation being a question on any immigration form....

Could you please give a little more detail as to exactly how that have concluded this.

 

Giving a timeline would also help enormously.

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

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Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

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IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

Filed: K-1 Visa Country: Wales
Timeline
Posted
55 minutes ago, Rogerphnom said:

They said that my first husband is a gay guy and  I have already gave them all the evidences I have from my first marriage, and they still can't approve me, should I move my family to other countries? 

Did you seek an immigration benefit through marriage to the gay guy?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Citizen (apr) Country: Brazil
Timeline
Posted
11 hours ago, JFH said:

I don’t have any babies with my husband and he’s not in the military. Would that mean our marriage is not genuine or not “real enough”? Not at all. There is more to a genuine marriage than good fertility and the husband’s career choice. 

FRAUD! :)

Filed: K-1 Visa Country: Spain
Timeline
Posted

Did you divorce him because he was gay? You have to gather evidence that YOU did not enter into marriage with the intention of getting immigration benefits. Did the marriage ended because he was gay. Gather evidence that shows your marriage was bonafide. 

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted (edited)

Okay like a lot of people who have stated above you need to provide more details and clarify things to advice you better.

 

So you were in your first marriage and received your green card through that marriage. How long were you married? and How long after you got your green card did you guys get divorced?

 

So if you got your green card through your first marriage, why are you applying for immigration benefits through your second marriage? If you did not apply for immigration benefits through your first marriage, I am confused as to why USCIS will think you committed fraud during your first marriage (if you did not apply for immigration benefits during your first marriage). How long after your divorce did you get married to your second husband and how long have you been married to your second husband?

 

Finally were you denied immigration benefits because they did not believe you first marriage was true when you applied the first time?

Edited by Eli01
 
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