AOS INTERVIEW WIFE WITHDRAW I-130

[Diome 2]

Hello everybody. This is strange for me and I would like to share this incident. A week ago my friend with his American wife gone for an AOS interview for green card. During the cause of interview my friend was asked for a original previous marriage which he said was in the car...the officer after interviewing him asked him to go get the copy from the car...that he will be interviewing his wife before he returned ...he came back and the office make a copy and asked them to wait for decisions in 7 days. Two days  ago they received a letter that he has been denied...that his wife withdrew her I-130 application filed on his behalf that he has 33 days to leave the country. That the officer asked the his wife  if the marriage was legit  that she was been threatening and he was under pressure to sign for the withdrawal by the officer .if not she can go to jail or fine.  The marriage is legit...they legally married and live together for past two years. Now my friend has 33 day to depart US. His wife now regretting her actions. What can they do at this point. The withdrawal is not appeallabe according to the letter.  

Edited June 23, 2019 by Diome

[Ontarkie 14,221]

~~Moved to Effects of Major Family Changes, form Ir1/CR1 P&P - As similar threads are discussed here.~~

[Crazy Cat 41,845]

RUN to a good attorney office!!!! 

From USCIS:

"

20.4 Petition Withdrawal.

 

A petitioner or applicant may withdraw a petition or application prior to adjudication. Withdrawal is a voluntary action. It should not be coerced, although it may be suggested as an alternative to a formal denial. Whenever a withdrawal is received, it should be acknowledged, in writing, for the record. Although a withdrawal by a petitioner is not necessarily an indication of fraud, the facts surrounding any prior withdrawal should be considered in the event a subsequent petition is filed by the same pe titioner. See Matter of Isber 20 I&N Dec 676 (BIA 1993)

 

A petition which has been withdrawn cannot be denied. See Matter of Cintron , 16 I&N Dec 9 (BIA 1976).

 

Where a visa petition has once been withdrawn based on an admission by a party that the marriage was solely entered into to bestow an immigration benefit, any subsequently filed visa petition involving the same petitioner and beneficiary must include at the time of filing: (1) an explanation of the prior withdrawal and (2) evidence supporting the bona fides of the parties' relationship. The BIA has held that “[t]he petitioner bears a heavy burden to establish the bona fides of the marital relationship in the case of a prior visa petition withdrawal and an admission of a fraudulent marriage, and, absent the submission of the previously related materials at the time of filing, a district director can reasonably deny the petitioner based on the admission made in conjunction with the prior withdrawal” [emphasis added]. See Matter of Laureano , 19 I&N Dec. 1 (BIA 1983)."

[Pinkrlion 2,716]

What is he adjusting from?  

[Jeanne Adil 1,651]

sounds like the immigration officer had cause to think something was amiss

otherwise he would have sent the USC to car and kept interviewing the immigrant

he / she wanted to talk privately to the USC to hear what he/she actually felt about the relationship

now,  i would say USC was having misgivings about the marriage and made a confession to the officer

and the immigrant needs to leave in 33 days

 

[Crazy Cat 41,845]

2 minutes ago, adil-rafa said:

sounds like the immigration officer had cause to think something was amiss

otherwise he would have sent the USC to car and kept interviewing the immigrant

he / she wanted to talk privately to the USC to hear what he/she actually felt about the relationship

now,  i would say USC was having misgivings about the marriage and made a confession to the officer

and the immigrant needs to leave in 33 days

 

Agree.  This might be very difficult to reverse........there will be extreme scrutiny!!!!

[Going through 5,671]

48 minutes ago, Diome said:

Hello everybody. This is strange for me and I would like to share this incident. A week ago my friend with his American wife gone for an AOS interview for green card. During the cause of interview my friend was asked for a original previous marriage which he said was in the car...the officer after interviewing him asked him to go get the copy from the car...that he will be interviewing his wife before he returned ...he came back and the office make a copy and asked them to wait for decisions in 7 days. Two days  ago they received a letter that he has been denied...that his wife withdrew her I-130 application filed on his behalf that he has 33 days to leave the country. That the officer asked the his wife  if the marriage was legit  that she was been threatening and he was under pressure to sign for the withdrawal by the officer .if not she can go to jail or fine.  The marriage is legit...they legally married and live together for past two years. Now my friend has 33 day to depart US. His wife now regretting her actions. What can they do at this point. The withdrawal is not appeallabe according to the letter.  

The IO telling the wife to withdraw the i-30 would not have just come up out of the blue...likely she said something to the IO while the husband was out of the interviewing room which gave the IO reason to suspect fraud/admitted it was not a bonafide marriage.  

 

Legally  married and living together doesn't always equate living in marital union...You are likely not getting the full story from your friend.

Edited June 23, 2019 by Going through

[Crazy Cat 41,845]

3 minutes ago, Going through said:

The IO telling the wife to withdraw the i-30 would not have just come up out of the blue...likely she said something to the IO while the husband was out of the interviewing room which gave the IO reason to suspect fraud/admitted it was not a bonafide marriage.  

 

You are likely not getting the full story from your friend.

Agree.......and another chapter for my book........

[Going through 5,671]

Technically I suppose they can file a fresh i-485, fresh i-130, etc.  which would put the husband back into authorized stay while it is pending.

The crux of that, however, will be the application facing even higher scrutiny of a bonafide marriage now, especially if any statements from the wife regarding the beneficiary being a "fraud" or a "fraud marriage" was given, as that will be used against them.

 

At this point a lawyer should be consulted.

[Ben&Zian 4,398]

He leaves in 33 days? always an option.

 

Or yea get a good immigration attorney but that still won't entirely offset the issue, maybe only delay it.

[Just Paul 4,595]

That must have been an interesting car ride home if they were going together.   Sounds like 33 days is all he has left.

[geowrian 22,337]

Very likely not the full story, nor will anybody ever know the full story.

At this point, the realistic options are to either:

1) Leave within the 33 days, or

2) Start over with a  new I-130 + I-485 packet. The existing AP and/or EAD are no longer valid so they will need new ones. Expect scrutiny.

[MUCA 5]

i pray things work out well for him.

Ask God for help & follow the constructive VJers advice here.

This is a wonder working community (VJ) .

He will smile at the end of the day.

[Nitas_man 3,100]

4 hours ago, Diome said:

Hello everybody. This is strange for me and I would like to share this incident. A week ago my friend with his American wife gone for an AOS interview for green card. During the cause of interview my friend was asked for a original previous marriage which he said was in the car...the officer after interviewing him asked him to go get the copy from the car...that he will be interviewing his wife before he returned ...he came back and the office make a copy and asked them to wait for decisions in 7 days. Two days  ago they received a letter that he has been denied...that his wife withdrew her I-130 application filed on his behalf that he has 33 days to leave the country. That the officer asked the his wife  if the marriage was legit  that she was been threatening and he was under pressure to sign for the withdrawal by the officer .if not she can go to jail or fine.  The marriage is legit...they legally married and live together for past two years. Now my friend has 33 day to depart US. His wife now regretting her actions. What can they do at this point. The withdrawal is not appeallabe according to the letter.  

Odd story

An IO can’t intimidate a USC into pulling a petition without good reason. 

Have they been having problems?  Were they short of evidence?

This case was adjusted from what status?  K1?  Visit visa?  Was there an overstay involved?  Some other reason the beneficiary was not eligible to adjust status?

[SalishSea 17,827]

2 hours ago, MUCA said:

i pray things work out well for him.

Ask God for help & follow the constructive VJers advice here.

This is a wonder working community (VJ) .

He will smile at the end of the day.

God does not control the immigration.

 

Sounds to me like it was a GC marriage, and his removal is warranted.