Help needed pls!

[Nayakato 1]

I have been through a lot with the uscis after I submitted my AOS applications in 2017. I will give my timeline details.

10/2016: sent package form 485/765/130

11/2016 : rfe for Co sponsor

01/2017: first Ead

05/2017: first interview

06/2017: second interview ( both me n my spouse where drilled for more than 2hrs separately)

07/2017 : NOID for more bonafide marriage evidence ( I submitted evidence before the time frame given)

10/2017: applied for ead renewal

01/2018: uscis home visit, I wasn't at home but met my spouses ( Everything looks good according to them)

04/2018: got ead renewal

 

This is my story, I was married back in my home country and icame into the States in December 2013 on b1b2 visa and planned going back after my visit. Shortly after my visiting in December 2013 I got a message back home that my wife was involved in a ghastly motor accident and she lost her life. We we're married for 3 years with no child and it was so devastating for me that I just can't go back to my home country. I overstayed and met my spouse and we got married 3 years after I lost my first wife. While at the first and second interview the death certificate I gave to the io was questioned and I told him that it was sent from my home country by a relative to me here in the US. Since I was not in my home country when my ex wife passed away and i don't even know what a death certificate look like not until when I needed it to process my papers here.

Now the NOID they sent me yesterday indicates that they investigate the death certificate and they found out it was forged and fraudulent, some places on it they said it does not exist. Now they gave me 30 days to prove them wrong. PLEASE WHAT CAN I DO! I NEED LAWERS  ADVISE PLS!

 

[Roel 7,192]

9 minutes ago, Nayakato said:

Shortly after my visiting in December 2013 I got a message back home that my wife was involved in a ghastly motor accident and she lost her life. We we're married for 3 years with no child and it was so devastating for me that I just can't go back to my home country.

I know everyone reacts differently to shocking and bad events, but I can see how USCIS could see this as "shady".  I mean, most of us would return to their home countries and attend the funeral at least, right?

 

Quote

Now the NOID they sent me yesterday indicates that they investigate the death certificate and they found out it was forged and fraudulent, some places on it they said it does not exist. Now they gave me 30 days to prove them wrong. PLEASE WHAT CAN I DO! I NEED LAWERS  ADVISE PLS!

 

The question is: WAS it REALLY forged and fake? If you want proper answers from people here, you should probably come clean.

 

If yes - then sorry,  no idea how to help and you'll need a really good lawyer.

If not, then just contact proper authorities or office back in your country and have them issue a new copy of your late wife's death certificate. Or ask her family to send you one. (Not sure how it works)

 

What the immigration might think (I assume) - is that your first wife is still alive and you committed bigamy?

Edited May 18, 2018 by Roel

[bad4tatt 168]

4 minutes ago, Nayakato said:

I have been through a lot with the uscis after I submitted my AOS applications in 2017. I will give my timeline details.

10/2016: sent package form 485/765/130

11/2016 : rfe for Co sponsor

01/2017: first Ead

05/2017: first interview

06/2017: second interview ( both me n my spouse where drilled for more than 2hrs separately)

07/2017 : NOID for more bonafide marriage evidence ( I submitted evidence before the time frame given)

10/2017: applied for ead renewal

01/2018: uscis home visit, I wasn't at home but met my spouses ( Everything looks good according to them)

04/2018: got ead renewal

 

This is my story, I was married back in my home country and icame into the States in December 2013 on b1b2 visa and planned going back after my visit. Shortly after my visiting in December 2013 I got a message back home that my wife was involved in a ghastly motor accident and she lost her life. We we're married for 3 years with no child and it was so devastating for me that I just can't go back to my home country. I overstayed and met my spouse and we got married 3 years after I lost my first wife. While at the first and second interview the death certificate I gave to the io was questioned and I told him that it was sent from my home country by a relative to me here in the US. Since I was not in my home country when my ex wife passed away and i don't even know what a death certificate look like not until when I needed it to process my papers here.

Now the NOID they sent me yesterday indicates that they investigate the death certificate and they found out it was forged and fraudulent, some places on it they said it does not exist. Now they gave me 30 days to prove them wrong. PLEASE WHAT CAN I DO! I NEED LAWERS  ADVISE PLS!

 

Not to sound cold but, you may want to find out if your wife was really killed.  Only thing you can do if in fact she is dead, is get paper trails of a valid death certificate. I wouldn't ask her family for it, I would go through proper channels and have one sent to you and fast otherwise you may get denied if they do not receive it.

[NikLR 13,227]

18 minutes ago, Nayakato said:

PLEASE WHAT CAN I DO! I NEED LAWERS  ADVISE PLS!

 

If you need lawyer's advice then you should contact one.  The people on this forum are not lawyers nor can we give legal counsel. 

 

Also 

~~removed duplicate in unrelated forum. Please post only once per topic as per the TOS.  Moved from ROC to AOS progress reports as OP is adjusting status not removing conditions~~

Edited May 18, 2018 by NikLR

[Going through 5,671]

The only thing I can think of at this point would be for you to apply for a certified copy of the true death certificate yourself and present that along with a written affidavit that you were not aware the first copy was forged.  Actually *proving* you were not aware the first copy was forged would be very difficult, considering at your interview you presented it to the officer as a true document.

 

Have you spoken to your relative who sent the 1st death certificate about the authenticity of it, and questioned him/her about it being forged?

[Going through 5,671]

26 minutes ago, Nayakato said:

We we're married for 3 years with no child and it was so devastating for me that I just can't go back to my home country.

Everyone grieves differently...I don't understand how your wife dying in your home country shortly after you crossed the border on vacation resulted in you choosing to overstay your visa and never return...perhaps USCIS wondered this as well when investigating your case, which led to them what appears to have been a 2-hour Stokes interview, followed by a home visit, and then now discovering the death certificate you submitted was forged.

 

Even if you do get a copy of the true death certificate, and even if you truly were not aware the 1st one was fraudulent, you should still consult a lawyer at this point.

[Roel 7,192]

7 minutes ago, Going through said:

Everyone grieves differently...I don't understand how your wife dying in your home country shortly after you crossed the border on vacation resulted in you choosing to overstay your visa and never return...

I was thinking the same thing. If I'd find out my husband had an accident, I'd drop everything - especially my "vacation" abroad.

 

I also think this is the main reason why USCIS is investigating you so hard.

If you'd just go back to grieve and attend your wife's funeral - this all probably wouldn't happen.

Edited May 18, 2018 by Roel

[Unlockable 7,315]

55 minutes ago, Nayakato said:

I have been through a lot with the uscis after I submitted my AOS applications in 2017. I will give my timeline details.

10/2016: sent package form 485/765/130

11/2016 : rfe for Co sponsor

01/2017: first Ead

05/2017: first interview

06/2017: second interview ( both me n my spouse where drilled for more than 2hrs separately)

07/2017 : NOID for more bonafide marriage evidence ( I submitted evidence before the time frame given)

10/2017: applied for ead renewal

01/2018: uscis home visit, I wasn't at home but met my spouses ( Everything looks good according to them)

04/2018: got ead renewal

 

This is my story, I was married back in my home country and icame into the States in December 2013 on b1b2 visa and planned going back after my visit. Shortly after my visiting in December 2013 I got a message back home that my wife was involved in a ghastly motor accident and she lost her life. We we're married for 3 years with no child and it was so devastating for me that I just can't go back to my home country. I overstayed and met my spouse and we got married 3 years after I lost my first wife. While at the first and second interview the death certificate I gave to the io was questioned and I told him that it was sent from my home country by a relative to me here in the US. Since I was not in my home country when my ex wife passed away and i don't even know what a death certificate look like not until when I needed it to process my papers here.

Now the NOID they sent me yesterday indicates that they investigate the death certificate and they found out it was forged and fraudulent, some places on it they said it does not exist. Now they gave me 30 days to prove them wrong. PLEASE WHAT CAN I DO! I NEED LAWERS  ADVISE PLS!

 

There may be some responses to this post that may be difficult to read but it is something you can learn from. The people that are reading your case are in the same situation that a case worker looking at you file is in. They do not know you personally and have never met you in person to know what kind of person you are. Just like everyone who is reading this thread the case worker can only go by the evidence that is presented to them.

 

So with that being said, it definitely sounds shady that you did not return to your home country after finding out your wife has passed. I don't know you and I am not calling you a shady person. But if you look at the evidence that is presented, I would have high doubts about your motives to remain in the US.

 

As an immigration officer, their job is to look for any red flags that may look like fraudulent activity. And i must say that not only does you leaving your dead wife and her grieving family behind to deal with it alone looks extremely inhumane, but it also raises questions about your character. Now IF i was an immigration officer and was to interview you, before you even set foot in the room all I will have in my head is, "this is the guy who found out his died back home and instead of going back to bury her he stayed on his vacation and found another wife".

 

Now you may have the perfect explanation for doing what you did, but as you can see, you are already at a disadvantage of proving your intentions were sincere.

 

I have written all of this and I STILL HAVE NOT EVEN GOTTEN TO THE PART WHERE USCIS FOUND OUT THE DEATH CERT IS FRAUDULENT! That multiplies the difficulty of this by 1,000.

 

Now it looks even worse because it will look like this was a ruse between you and someone back in your country to get you a legal path to getting a green card.

 

I can go on and on but I hope you are seeing my point. I really do hope you (or your knew wife) has money for a outstanding (and I do mean outstanding) lawyer. Because you will need the best legal counsel money can buy.

 

You will NOT get the help you need from a message board.

[Ontarkie 14,265]

~~Thread locked to further discussion. Members are only able to give their opinion and the OP is looking for legal advice. This is something VJ cannot do. Please seek an attorney or see at the top of the forum that shows the Ask a Lawyer link. There you may be able to get the advice you are asking for. Do not restart this thread.~~