Risk of Prosecution if GC Petition is Denied

[Randyandyuni 2,682]

17 hours ago, doingmybest said:

I am the US citizen. My wife and I are currently in the AOS process with the 2nd interview (very likely Stokes) scheduled in 10 days. We have a good case, but I do see how USCIS can have some doubts, there is a cultural/age difference, and we didn't have all the joint financial documents. Anyways, If this petition fails, should I expect to be prosecuted for marriage fraud on that fact alone? There is zero objective evidence that I engaged in marriage fraud. I'm guessing they are very selective in which people they prosecute? Does anyone have any insights? Thanks so much.

My wife and I had a stokes interview as our first AOS interview, I assume because I was 27 years her senior, but that is supposition. Them conducting a stokes interview has no bearing on their findings, it is meant to make sure that apart you answer consistently. You should have similar responses remembrances etc .. it does not mean they don't believe you are a couple it merely means that there is something out of the ordinary in your submissions or circumstances. Go, state your case and find out, they are not there to browbeat your fiancé into making false statements, you are over-reacting

[SalishSea 17,842]

22 hours ago, doingmybest said:

I suppose it is more likely that they will prevent me from petitioning in the future.

 

 

What do you mean, could you elaborate?

 

If your marriage is legit, why would you be concerned about petitioning in the future?

[randomstairs 303]

On 12/2/2018 at 7:14 PM, doingmybest said:

I am the US citizen. My wife and I are currently in the AOS process with the 2nd interview (very likely Stokes) scheduled in 10 days. We have a good case, but I do see how USCIS can have some doubts, there is a cultural/age difference, and we didn't have all the joint financial documents. Anyways, If this petition fails, should I expect to be prosecuted for marriage fraud on that fact alone? There is zero objective evidence that I engaged in marriage fraud. I'm guessing they are very selective in which people they prosecute? Does anyone have any insights? Thanks so much.

It's very unlikely that they would open a criminal prosecution even if the case gets denied. It simply doesn't justify spending of the government resources for cases like yours, especially if they don't have very strong evidence against you. I'm not sure if they can file a civil case against you though. That's what USCIS or IRS do sometimes because the bar in much lower for them to win than in criminal cases.