Married, Kenya wife was denied GC because of white husband?

[WaterLeaf 201]

https://ksnmedia.com/2019/06/breaking-frustrated-us-citizen-married-to-kenyan-woman-petitions-president-trump-to-stop-wifes-imminent-deportation/

 

Not sure why this is happening... but there had got to be something else.

Edited June 11, 2019 by WaterLeaf

[Roel 7,193]

Definately not the whole story. 

 

[TBoneTX 46,161]

That's not a typical reaction from a USCIS officer at AOS.  And why would that officer say something purportedly racist if the couple's lawyer was (as it sounds) right there in the interview?  Something major is missing.

[geowrian 22,338]

No way that's the whole story. I certainly don't know the whole story, but there's a lot more going on than just a "white husband" or the beneficiary's nationality.

 

They seem to have questioned either the legality of the wife's marriage and/or her marriage history (not just if the marriage itself is bona fide). This isn't something they normally do unless there is evidence indicating that the marriage isn't legal or that there was at least 1 prior undisclosed marriage.

I say this because they explicitly requested evidence regarding the beneficiary being free to marry, which is absolutely not something they request unless they believe she was not free to marry.

The immediate thought is either a customary wedding occurred in the past or that she applied for a visa previously and stated she was married. But there's no way to know for sure. But something tipped them off to even look at that route. The evidence provided appears to have been insufficient (since proving you are single is trying to prove a negative).

Or maybe there was something off in their marriage certificate or records?

 

It's also kind of weird that they married in 2015 while she was in legal status, but they never filed any papers until 2017. That sticks out as unusual to me. It's not wrong per-se since she was in the US legally, but it's not something you usually see.

 

They also believe that their lawsuit made USCIS mad, and that's what triggered the NOID. Personal feelings are not a reason for denial...much more likely they reviewed the case and found the beneficiary ineligible for adjustment.

 

They also believe the IO promised an approval notice. No such promise can actually exist with any sort of value behind it. 

[Roel 7,193]

41 minutes ago, geowrian said:

No way that's the whole story. I certainly don't know the whole story, but there's a lot more going on than just a "white husband" or the beneficiary's nationality.

 

They seem to have questioned either the legality of the wife's marriage and/or her marriage history (not just if the marriage itself is bona fide). This isn't something they normally do unless there is evidence indicating that the marriage isn't legal or that there was at least 1 prior undisclosed marriage.

I say this because they explicitly requested evidence regarding the beneficiary being free to marry, which is absolutely not something they request unless they believe she was not free to marry.

The immediate thought is either a customary wedding occurred in the past or that she applied for a visa previously and stated she was married. But there's no way to know for sure. But something tipped them off to even look at that route. The evidence provided appears to have been insufficient (since proving you are single is trying to prove a negative).

Or maybe there was something off in their marriage certificate or records?

 

It's also kind of weird that they married in 2015 while she was in legal status, but they never filed any papers until 2017. That sticks out as unusual to me. It's not wrong per-se since she was in the US legally, but it's not something you usually see.

 

They also believe that their lawsuit made USCIS mad, and that's what triggered the NOID. Personal feelings are not a reason for denial...much more likely they reviewed the case and found the beneficiary ineligible for adjustment.

 

They also believe the IO promised an approval notice. No such promise can actually exist with any sort of value behind it. 

 

Yeah that's what I thought. Basically wife is eligible for AoS but they thought that since she is US citizens wife she has rights just based on that. We seen this on VJ forum - US citizens thinking that just being married to foreigner gives them some kind of right to be untouchable in the US.  Claiming that USCIS was racist was probably to just cover the fact that the couple knew something was wrong from the start but they didnt want to admit that. 

 

Suing USCIS definitely was a bad choice and everyone on this forum who considered that, should read this. 

[cyclone27 710]

Stated she was already legally here for 7yrs? I wonder under what visa?

 

It's an obvious attempt to throw everything at USCIS and hoping it sticks. I doubt most of what was alleged even occurred.

[Dashinka 24,813]

I agree as well, there has to be more to this story.  A brief search did not turn up much, but if someone has access to the Eastern District of Missouri's legal site, they can look at the lawsuit.  I too wonder what legal status she had for seven years that she was asked to relinquish, I also question the purportedly racist comment made by the USCIS IO in front of an attorney.  Now that this is getting a little visibility, maybe a reporter from the local area will turn something up.

[Crazy Cat 42,346]

I hate these half-stories.  There is a lot of background information missing here......

[Dashinka 24,813]

3 hours ago, missileman said:

I hate these half-stories.  There is a lot of background information missing here......

You see these here on VJ everyday.  How many threads are so vague and one sided?

[Crazy Cat 42,346]

1 minute ago, Bill & Katya said:

You see these here on VJ everyday.  How many threads are so vague and one sided?

Yep.  There is so much information missing in this case....the spouse could be ineligible to adjust for any number of reasons....but being married to a Caucasian is not one of them....LOL.

[TBoneTX 46,161]

4 hours ago, missileman said:

I hate these half-stories.

A lot of the "halfness" is probably because the reporters, and perhaps also their editors, are as clueless about the intricacies of legal immigration as is the rest of the unwashed population.  The news people therefore don't know what questions to ask that will yield answers for a complete story.

[Dashinka 24,813]

5 minutes ago, TBoneTX said:

A lot of the "halfness" is probably because the reporters, and perhaps also their editors, are as clueless about the intricacies of legal immigration as is the rest of the unwashed population.  The news people therefore don't know what questions to ask that will yield answers for a complete story.

I don't think any reporter has actually done any work on this yet.  All I can find are stories showing a brief intro about this couple and then they print the husband's letter to Trump. 

[Ben&Zian 4,398]

As always it is just one side of the story, and it's from the side that is frustrated. It will always be biased, as will most "journalists" writing it. Something, like most others agree, something big is missing in this story. Just more race-baiting and bad mouthing the US immigration system as always.

[Timona 4,208]

Didn't need to read the story further.  The lady's picture and the reporter's name made me skim through the article. 

I am Kenyan. Certain things fly in Kenya but not beyond the borders. I know a place here in the States, somewhere in the East where these people make so much noise like they own the States. The Kenyan embassy there is a joke, run by the same individuals. Getting a simple document like a PP takes a year. Phone calls don't get answered as if they are paying tariffs. Read the few reviews on the embassy on Google. It is quicker to arrange for something to be done at home by coordination with a relative than get it done here.

I am not sure about this case. But I will take my chance and say that I won't be surprised if that Certificate of No Impedance to Marry was fake. My countrymen from this region (a certain part of Kenya) like fake stuff and bribing their way over literary everything, jobs, school, elections..name it. 

We need to do better.

[Amadia 711]

I saw this news article pop up in my Google news and I refused to open it and read it. I was prepared to get a half-cocked story if I ever was to even think about opening the article....and, so said, so done.

 

Her presence in the US for 7yrs.....was it a legal entry? 

They got married in 2015 and then had a son. They filed for her green card in 2017....why the gap?

Something about their case rubbed the IO the wrong way and a petition by the husband will only dirty the waters rather than bring clarity to their case.

 

I believe in the deportation proceedings, the husband would have to prove hardship in order for her to stay if they have a toddler together. Kid needs his mama.....