Marriage fraud (bogus) accusation. Lawyer rec?

[Emily81 0]

Hi All,

 

My husband (Turkish citizen) and I (USC) submitted our I-130 in October 2019. We have been married for 2.5 years. My husband was previously briefly married to a USC, and they lived in the US for about 10 months until their marriage completely fell apart. He had no desire to stay in the US, so he went back to Turkey. His ruthless ex proceeded with an annulment process rather than a divorce, and was able to get an annulment by accusing him of marriage fraud. Even though it was a completely bogus claim, as they were a couple living together for roughly 3 years overseas before coming to the US. And he immediately left the US when they decided to split, which further indicates he had no intention of living in the US under some false marriage. It states on his annulment paper the reason for annulment is "marriage fraud". The annulment paper is from July 2011. Obviously we are deathly afraid of receiving a denial for the I-130. In case we receive an Intent to Deny paper, we'll only have 30 days to respond, so we'd like to have a reliable, honest, knowledgable lawyer on hand and ready to take action. 

 

Does anyone know if we'll need to have a lawyer from the state (AZ) or even county (Maricopa) where the annulment took place for this? Or can the lawyer be based out of any state/city? 

 

Anyone know of a lawyer to recommend for falsely accused of marriage fraud or how to proceed when it's on the annulment paper? 

 

We included every bit of evidence we had and could think of to prove the legitimacy of their marriage when we submitted the I-130 along with the annulment paper. We included a detailed cover letter that my husband explained the whole timeline of their several years long relationship and how it eroded, and when he left the US. Also included two affidavits, one from his friend who knew them while they were dating and he was a witness at their civil marriage. The other affidavit is from their friend who they lived with for a few months before they completely separated. A picture of them was included too. My husband deleted all emails, messages, etc from his ex as he wanted nothing to do with her or to remember her with. No idea what else we could provide as evidence without a lawyer if we get an intend to deny letter. 

 

Thank you for your help. I cannot even bear to think of my husband not being allowed to live in the US. 

Edited January 15, 2020 by Emily81

[geowrian 22,337]

This sounds awfully similar to another post on VJ from a couple weeks or so ago.

Nevermind - found the existing thread:

 

If you were to try to address the annulment directly, you generally need to use somebody with a license in the state where it occurred. That said, there can be arrangements where that is not actually necessary. The lawyer you intend to choose should be able to determine if they can take it or not.

[Emily81 0]

Hi Geowrian,

 

Yes, that attached post was also me. We're just trying to get as much information as we can and any advice with getting a lawyer who doesn't just end up with thousands of dollars and nothing is accomplished. 

[Just Paul 4,595]

I would not worry too much about the annulment in Maricopa County. Until the last 5 years in Arizona there were only a few legal conditions where an annulment can be granted and "Marriage Fraud" is one of them.   If the Annulment was uncontested there is nothing left to do.   You can check the records at https://www.superiorcourt.maricopa.gov/docket/FamilyCourtCases/

 

I would think, to USCIS, the fact that he left on his own would be a positive.   People commiting fraud - getting married for an immigration benefit - do not leave on their own.   If you were to receive a NOID I would include a statement about the marriage began, ended and how he left.  If needed consult with an immigration attorney in Texas as the Arizona case is done.   Again I don't think that would be an issue.

 

Good luck!

~P

[Villanelle 4,122]

Few questions:

You say they were briefly married and he lived in the US for 10 months. Can you provide more info on that? How did he enter? Were they married when he entered or did they meet/marry after he entered? Did they ever fill out ANY immigration paperwork for benefits for him based on that marriage? Did he withdraw them or was it denied? If it was denied did he get a letter saying why it was denied? 

 

Anyway- Theres something called the "Marriage Fraud Bar" which basically means that if you ever were in a fraudulent marriage you cant be approved even if the current relationship is legit.

 

To see how this Bar will impact you guys and what if anything can be done about it  - the first step is knowing if there is an actual finding of fraud on his record with USCIS. Hence my questions about what previous paperwork he ever filed and any denials related to it. If any paperwork was simply withdrawn or denied for abandonment (him leaving the US) then thats good. Most likely there is no official finding of fraud in his USCIS file. Now that doesnt mean the bar doesnt apply, it just means it should be easier to deal with. If USCIS did make a finding of fraud in his record its much harder to prove its not. 

 

So providing there is no official fraud finding the next thing you want to look at is if benefits were ever applied for based on that marriage. If they werent then thats good, again it will be easier to deal with. If they were it makes it harder. 

 

When you apply for the 130 USCIS is suppose to make an independent determination of whether the past marriage was fraudulent based on any evidence before it which also includes proof of the current marriage. If they previously determined it was fraud they will most likely stick with that and send a NOID and you would have to fight it. 

 

To prove it was not fraud there are a few things you can send. A statement from the ex would help but that doesnt seem likely to occur here. 3rd party affidavits are useful here and you should make sure they are very detailed and discuss first hand knowledge of the relationship/living arrangements/interactions/etc. You can also show any direct evidence that contradicts a finding of fraud. What kinds of things did he submit to the court when trying to get it reversed? Those are the same things you want to submit to USCIS. 

[Emily81 0]

14 hours ago, Paul & Mary said:

I would not worry too much about the annulment in Maricopa County. Until the last 5 years in Arizona there were only a few legal conditions where an annulment can be granted and "Marriage Fraud" is one of them.   If the Annulment was uncontested there is nothing left to do.   You can check the records at https://www.superiorcourt.maricopa.gov/docket/FamilyCourtCases/

 

I would think, to USCIS, the fact that he left on his own would be a positive.   People commiting fraud - getting married for an immigration benefit - do not leave on their own.   If you were to receive a NOID I would include a statement about the marriage began, ended and how he left.  If needed consult with an immigration attorney in Texas as the Arizona case is done.   Again I don't think that would be an issue.

 

Good luck!

~P

Thank you for your reply. A statement that includes how/when their marriage began, ended and how he left is exactly all the details we included in the cover letter with the annulment paper in our I-130 paperwork. That's why I just don't see what else a lawyer could do. They'd basically be saying the exact same information and facts as us, just coming from the mouth of an attorney with all their fancy legal jargon. Not sure how much of a difference that makes to USCIS, if the facts and same evidence come straight from the applicant or a lawyer. 

[Emily81 0]

13 hours ago, Villanelle said:

Few questions:

You say they were briefly married and he lived in the US for 10 months. Can you provide more info on that? How did he enter? Were they married when he entered or did they meet/marry after he entered? Did they ever fill out ANY immigration paperwork for benefits for him based on that marriage? Did he withdraw them or was it denied? If it was denied did he get a letter saying why it was denied? 

 

Anyway- Theres something called the "Marriage Fraud Bar" which basically means that if you ever were in a fraudulent marriage you cant be approved even if the current relationship is legit.

 

To see how this Bar will impact you guys and what if anything can be done about it  - the first step is knowing if there is an actual finding of fraud on his record with USCIS. Hence my questions about what previous paperwork he ever filed and any denials related to it. If any paperwork was simply withdrawn or denied for abandonment (him leaving the US) then thats good. Most likely there is no official finding of fraud in his USCIS file. Now that doesnt mean the bar doesnt apply, it just means it should be easier to deal with. If USCIS did make a finding of fraud in his record its much harder to prove its not. 

 

So providing there is no official fraud finding the next thing you want to look at is if benefits were ever applied for based on that marriage. If they werent then thats good, again it will be easier to deal with. If they were it makes it harder. 

 

When you apply for the 130 USCIS is suppose to make an independent determination of whether the past marriage was fraudulent based on any evidence before it which also includes proof of the current marriage. If they previously determined it was fraud they will most likely stick with that and send a NOID and you would have to fight it. 

 

To prove it was not fraud there are a few things you can send. A statement from the ex would help but that doesnt seem likely to occur here. 3rd party affidavits are useful here and you should make sure they are very detailed and discuss first hand knowledge of the relationship/living arrangements/interactions/etc. You can also show any direct evidence that contradicts a finding of fraud. What kinds of things did he submit to the court when trying to get it reversed? Those are the same things you want to submit to USCIS. 

Hi Villanelle,

 

I appreciate the time you took to write a detailed response. Here are the answers to your questions:

 

He arrived to the US on a K1 visa in January 2010. They were married in a courthouse in NJ in February 2010. Before entering the US they were dating and then living together in Turkey for about two years. They then lived together in Korea for 8 months. While in Korea, his K1 visa was approved, so they went to the States and shortly after got married. He was then granted a 2-year conditional green card. He was never denied anything from USCIS. He returned to Turkey in August 2010. Their annulment was finalized in July 2011.

 

We attempted to find out if he actually has "marriage fraud" or any investigation of it in his USCIS file. We contacted them and requested his entire alien file, which arrived on a CD-ROM. From the files we can see in the CD, there is nothing of marriage fraud. However, it states that there are additional forms that could not be included for classified or personal info reasons. Who knows if that has something negative on him or if it's the financial and other personal information of his ex and co-sponsor for the K1. 

 

As you said, getting a statement from his ex is out of the question. There's no way she'll admit she lied. Especially if she might face a penalty. She only has her own interests in mind. We did include two 3rd party affidavits along with the I-130 paperwork that I believe are quite strong. Each is a full page long giving all the details they knew of them as a couple dating, the beginning of the marriage and ultimately the end. One of the affidavits is written from a friend whom they lived with and she saw the marriage fall apart at the end. She even drove my husband to the airport in Phoenix for his flight back to Turkey. 

 

The only other piece of evidence we've since come up with that we could include is from the Turkish database that lists all the times one enters/leaves Turkey. His passport entry stamp into Turkey is not very clear from August 2010, but we have this official record of him entering his country and subsequent travel to and from Turkey in the years following, which never included the US. 

 

One more thing to note, in April 2018 he went to the US embassy here in Japan for an interview to get a tourist visa to the US. He was approved and no questions were asked of his previous marriage. My husband was going to hand in his expired green card, but they told him they can't take it there but he can do so when he enters the US. With his tourist visa, we visited the US in August 2018 and March 2019. No issues entering either time. 

 

[Villanelle 4,122]

It seems he never surrendered his GC correct? He has the 2 yr card and left the US and never filled out the form to surrender it- he just never filed ROC it seems.. It may have been better for him to have officially surrendered it but I suppose if the explanation is offered that he understood it as by not applying for ROC it would end his status along with proof that once he left he never entered with the GC again will be just as good.

 

So he did actually get benefits based on the marriage. And it doesnt seem there is a finding of fraud in his record. Do you know if after the annulment if the ex contacted USCIS to complain about him? Sent any kind of letter or gave any kind of statement? If not thats good, it means the only mention of fraud is what you sent in (the annulment paperwork) and any decision they make will be based on only the things you show- theres nothing from her.

 

Honestly a 1 page statement doesnt seem to be long enough but thats just my opinion. Ideally the statement should give as much first hand detail as possible and you can attach any supporting evidence to it as well. They should write about specific things that happened that they observed. Trivial details should be included... On the 4th of July it was husbands first time here in the US so we all went to the local park to watch fireworks. Ex took a long time to get ready and husband was annoyed because it was dark so he didnt think she needed to put on so much makeup. We drove to the park together along with my boyfriend and husband and ex held hands the whole time. They were both in very high spirits the whole time and afterwards we went to Pizza Palace and had dinner. Attached is a picture of us all at the table I took that night on my cell phone.... Husband, ex and I all lived at X address together. It was only suppose to be temporary so they could save money to buy a house in the next town as they were planning on having 2 kids and ex wanted a fenced yard so they could have a dog. Husband was working at X company and I helped him make a Linkden profile with the laptop ex bought for him when he arrived because he needed a better paying job in order to make that happen. He did eventually get hired at Y company but would often complain ex was then spending more money since they had it and they would never be able to afford the down payment on a house if she didnt stop spending. 

 

Anyway as Geowrain said when someone applies for and gets a tourist visa- its a non immigrant visa. So the bar would not be a factor. It will be for this, an immigrant visa. 

 

I understand the hesitation in using an attny, they cost a lot of money and yeah they basically say the same things you are/can but in a fancier way. IMO if you get a NOID then its worth the expense. The fancy legal speak does make a difference. Its kind of like you would say 'the ball is blue' but that doesnt meet USCIS standards. An attny would say 'a cylindrical object of yellow and green mixed hues' and USCIS is all like oh okay. lol. You can use any attny for immigration but its usually easiest to find one thats local to you so you can meet with them in person. You want to find someone who has experience in NOIDs and not just someone that files general paperwork. Most give free consults so take advantage of that and ask a lot of questions about previous cases they handled and the outcomes. 

 

[Emily81 0]

9 hours ago, Villanelle said:

It seems he never surrendered his GC correct? He has the 2 yr card and left the US and never filled out the form to surrender it- he just never filed ROC it seems.. It may have been better for him to have officially surrendered it but I suppose if the explanation is offered that he understood it as by not applying for ROC it would end his status along with proof that once he left he never entered with the GC again will be just as good.

 

So he did actually get benefits based on the marriage. And it doesnt seem there is a finding of fraud in his record. Do you know if after the annulment if the ex contacted USCIS to complain about him? Sent any kind of letter or gave any kind of statement? If not thats good, it means the only mention of fraud is what you sent in (the annulment paperwork) and any decision they make will be based on only the things you show- theres nothing from her.

 

Honestly a 1 page statement doesnt seem to be long enough but thats just my opinion. Ideally the statement should give as much first hand detail as possible and you can attach any supporting evidence to it as well. They should write about specific things that happened that they observed. Trivial details should be included... On the 4th of July it was husbands first time here in the US so we all went to the local park to watch fireworks. Ex took a long time to get ready and husband was annoyed because it was dark so he didnt think she needed to put on so much makeup. We drove to the park together along with my boyfriend and husband and ex held hands the whole time. They were both in very high spirits the whole time and afterwards we went to Pizza Palace and had dinner. Attached is a picture of us all at the table I took that night on my cell phone.... Husband, ex and I all lived at X address together. It was only suppose to be temporary so they could save money to buy a house in the next town as they were planning on having 2 kids and ex wanted a fenced yard so they could have a dog. Husband was working at X company and I helped him make a Linkden profile with the laptop ex bought for him when he arrived because he needed a better paying job in order to make that happen. He did eventually get hired at Y company but would often complain ex was then spending more money since they had it and they would never be able to afford the down payment on a house if she didnt stop spending. 

 

Anyway as Geowrain said when someone applies for and gets a tourist visa- its a non immigrant visa. So the bar would not be a factor. It will be for this, an immigrant visa. 

 

I understand the hesitation in using an attny, they cost a lot of money and yeah they basically say the same things you are/can but in a fancier way. IMO if you get a NOID then its worth the expense. The fancy legal speak does make a difference. Its kind of like you would say 'the ball is blue' but that doesnt meet USCIS standards. An attny would say 'a cylindrical object of yellow and green mixed hues' and USCIS is all like oh okay. lol. You can use any attny for immigration but its usually easiest to find one thats local to you so you can meet with them in person. You want to find someone who has experience in NOIDs and not just someone that files general paperwork. Most give free consults so take advantage of that and ask a lot of questions about previous cases they handled and the outcomes. 

 

Thank you once again for the detailed response.

 

Correct, he never officially surrender his green card. Though it's long void at this point. 

 

From what we can see, there isn't anything in his file about marriage fraud. Though we can't have access to all the paperwork in his file, so we really don't know if his ex contacted USCIS or not. That's the million dollar question. 

 

Good point about finding a lawyer who has experience in NOIDs. That will be something to definitely ask when searching for an attorney.