How to file second CR-1 Application

[Love To Teach 161]

Hi all--Some of you probably know our story by now, of how my husband was terrorized into writing a false confession at his interview. (I've been researching the way they do this in police interrogations, which is what the Islamabad Embassy is using. It's called compliant false confession where the person is harassed and terrorized until they do anything to get away, which is exactly what happened.) We were denied on our rebuttal and decided not to appeal as it could take another year. I don't have the paper here with me at the minute, but it said something to the effect that he admitted he circumvented the rules trying to get a green card (to that effect). Of course, he never said that in words and there are no witnesses that will tell the truth. We are getting legal evidence together that he told several people, including his doctor about the viciousness of the interview and that he is now suffering physical effects (like PTSD). They made a comment on their decision that we didn't file a complaint, so we also filed a legal complaint. So the decision is officially over, as we had 30 days to appeal and decided not to.

 

Anyway, so we are going to file a new CR-1. In looking at the directions, it says "Who May Not File form I-130?" #7 says, "Any person, if USCIS determines that he or she entered into or attempted or conspired to enter into a marriage in order to evade US immigration laws." Does this mean we can't file another CR1? Both our lawyers said we could reapply, but this makes it sound like we can't. (

 

There is also an exemption listed as INA section 245(e)(3). Has anyone had experience with this?

 

Or do we just go ahead and file and provide a ton of evidence that we were legally  married at the time of his interview? The papers were sitting in the room, so the CO intentionally lied and terrorized my husband, who couldn't even think straight. He kept telling them he was divorced, but they shoved a paper under his note and demanded he write what they dictated. The poor man was in such shock all he could think of is escape. Before you start bashing him (I've made my piece with this) please remember that this is a meek guy who respects authority and has literally never been screamed at in his face who thought these people could plant evidence on him or hurt his kids. The research actually says that given enough pressure, it is more unusual not to confess to something falsely to get away.

 

Anyway, is it ok just to go ahead and refile and provide plenty of evidence that he has been divorced for years and that he told several people immediately what had happened and has basically suffered physical symptoms since then? We already had statements from his ex and kids, but are doing more and trying to prove that he wrote that paper under extreme duress with them using methods of terrorism. Their rules say that USCIS employees are to be respectful and not intimidate people.

 

If the new papers pass NVC, the good news is he is moving to Dubai to work and would have his interview there instead of Islamabad. This constant stress is about to break both of us after 7 years. I will be making my 10th trip to see him this summer. We are not going to give up! Even if we have to be a long distance couple for the rest of our lives. Being older, this is just a sad situation. PS--He has not been banned from the US.

Edited May 9, 2018 by Love To Teach

[Going through 5,671]

Continue to listen to your lawyers, as they can give you the best information possible knowing ALL the personal details of you/your husband's case.

 

Proving he signed a sworn statement under the CO "using methods of terrorism" will be like rowing uphill without a paddle, and just stress the two of you out more.  Best to concentrate on collecting new evidence for your new CR-1 filing.

 

I can't imagine how difficult this  journey has been for you both thus far---I've followed a lot of your previous threads closely since you'd applied for the first CR-1 and hopefully things work out for you in the end, whether that is here in the States or in his home country.

[Love To Teach 161]

I know, BUT we have to address the false confession. And the best way is just to tell the truth, even if they don't believe us. But they have to ask themselves, "Why in the world would that man write out a paper saying he is still married when the divorce papers are laying there on the other table in that torture room?" The ONLY sane conclusion can be that he was coerced, berated, and verbally assaulted until he complied. There is NO other answer. Nothing else can answer that question. It's insane really.

 

Thanks so much for the kind words. Sometimes, we get so depressed we can't stand it. And it is affecting our health. But when we are together, it's nice to try to forget all the ####### going on. Our years are running out...that's the saddest, and the fact that they had absolutely no reason to lie, berate, and coerce him. I suppose they couldn't come up with a legitimate reason to deny us....God knows the truth!

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.