CR1 Case Revoked!!!!!

[Pretty Q 0]

Good Day Everyone!

 

I started my visa journey in 2016 November when I petitioned for my husband. After his interview in 2018, he was placed on administrative processing. At the end of 2018, we found out that his case was being returned to USCIS. Contacted my state senator's office to intervened but was later told that the marriage certificate was not authentic. December of 2019, I received a letter (Intent to Revoke) to send the "authentic marriage certificate". I contacted my husband to go to the Ministry that issued the Marriage Certificate to us in 2016. My husband went there, and he was told that when the Marriage Certificate was issued to us, their systems had problems so the Marriage Certificate was never registered. Now, they process a new marriage certificate and attached a letter to it explaining why it was never authentic/registered. I received the now authentic marriage certificate in January in other to respond to the intent to revoked letter. Come July 14th, I received a letter in the mail from uscis stating that my cr1 visa has been revoked because the marriage certificate is not registered in the country.

 

Please I need help as to how to proceed with this case because I am in total shocked.

 

In 2016, my husband and I went to the Ministry of Internal Affairs to get our certificate and fees was paid and our photos were taken at the premises of the Ministry. Why is it not registered???? I have never engaged in fraudulent activities before and never intend to.

 

I am thinking to get a lawyer in my country to get in contact with the Ministry as to why I was issued a document that is not authentic.

 

Please help with any thoughts of ideas. I am confused, hopeless,and heart broken. And don't know where to start. 

Edited July 19, 2020 by Pretty Q
SPELLING ERRORS

[geowrian 22,337]

What country was the marriage in?

Did the second marriage certificate ever get registered? If so, when did it state as the date of the marriage, and the date of registration?

[Pretty Q 0]

Liberia.  Ministry of Internal Affairs. The marriage date of 2016

[geowrian 22,337]

10 minutes ago, Pretty Q said:

Liberia.  Ministry of Internal Affairs. The marriage date of 2016

* Moved from IR-1/CR-1 Progress Reports to Africa: Sub-Saharan regional forum. The specific marriage process of the country involved are important to the OP's next steps. *

 

Thanks. Here's the DOS reciprocity website with specifics for a marriage certificate from Liberia: https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Liberia.html

 

The issue I see is this line: " In order to be legally recognized by the Government of Liberia, marriages MUST be registered (and given the accompanying certificate) in one of these two ways. Secondary evidence may be requested at the time of an interview."

Since it was not actually registered at the time the I-130 was filed, the marriage was not recognized as legal. Anything that happened afterward doesn't matter.

If this is the issue, then the good news is you can just refile, and I would not expect any sort of misrepresentation claim. It's a timing mixup alone.

 

But I do think it would be worthwhile to consult with a professional to verify...the worst thing you can do is proceed without not be sure if the issue is actually resolved or not.

[Pretty Q 0]

5 minutes ago, geowrian said:

* Moved from IR-1/CR-1 Progress Reports to Africa: Sub-Saharan regional forum. The specific marriage process of the country involved are important to the OP's next steps. *

 

Thanks. Here's the DOS reciprocity website with specifics for a marriage certificate from Liberia: https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Liberia.html

 

The issue I see is this line: " In order to be legally recognized by the Government of Liberia, marriages MUST be registered (and given the accompanying certificate) in one of these two ways. Secondary evidence may be requested at the time of an interview."

Since it was not actually registered at the time the I-130 was filed, the marriage was not recognized as legal. Anything that happened afterward doesn't matter.

If this is the issue, then the good news is you can just refile, and I would not expect any sort of misrepresentation claim. It's a timing mixup alone.

 

But I do think it would be worthwhile to consult with a professional to verify...the worst thing you can do is proceed without not be sure if the issue is actually resolved or not.

So, what are you trying to say? Should I forget about getting a lawyer in my country? Do I have to remarry? Do I need to get a lawyer here in the US? Please help me with any idea(s). I am in need right now please.

[Sparkle Sparkle 914]

I am really sorry about this happening to you guys but my question is you received the new certificate with a letter attached to it January 2020...why did you wait more than 5 months to respond?  You stated the revocation letter was dated July 14? Or did I miss something 

Edited July 19, 2020 by Sparkle Sparkle

[geowrian 22,337]

If it were me, I would get a lawyer. There are a few key items of legal fact that need to be determined:

1) Is the current marriage legal under US law (It sounds like a Yes to me, but confirm this)

 

2a) If yes, when did the marriage become legal under US law? If this was before the I-130 was filed, then an appeal is a possibility, otherwise refile. If it was after the I-130 was filed, then refiling should be fine still/

2b) If no, what's the process to get legally married now?

[Pretty Q 0]

6 minutes ago, Sparkle Sparkle said:

I am really sorry about this happening to you guys but my question is you received the new certificate with a letter attached to it January 2020...why did you wait more than 5 months to respond?  You stated the revocation letter was dated July 14? Or did I miss something 

I received the "new certificate" in January 2020. I received the letter of intent to revoke in December of 2019 and was given 30 days to respond. Which of course, I did before the 30 days deadline. Final Revoke letter was received July 14, 2020. Hope I am making sense now???

[Pretty Q 0]

9 minutes ago, geowrian said:

If it were me, I would get a lawyer. There are a few key items of legal fact that need to be determined:

1) Is the current marriage legal under US law (It sounds like a Yes to me, but confirm this)

 

2a) If yes, when did the marriage become legal under US law? If this was before the I-130 was filed, then an appeal is a possibility, otherwise refile. If it was after the I-130 was filed, then refiling should be fine still/

2b) If no, what's the process to get legally married now?

To be honest, I don't know. Cause the same Ministry that issued the first certificate was the same that issued the second one few months ago. The issued stated by USCIS was that the marriage certificate is not registered. Got married in May 2016 and filed I-130  in November 2016.

 

If it possible to file an appeal, how do i proceed? Please help me

[geowrian 22,337]

10 minutes ago, Pretty Q said:

To be honest, I don't know. Cause the same Ministry that issued the first certificate was the same that issued the second one few months ago. The issued stated by USCIS was that the marriage certificate is not registered. Got married in May 2016 and filed I-130  in November 2016.

 

If it possible to file an appeal, how do i proceed? Please help me

An appeal is possible within 30 days of the denial or revocation. You would do so via an I-290B (https://www.uscis.gov/i-290b).

However, the appeal is not to introduce new facts to the case. To have a successful appeal, you would need to show that USCIS made a mistake in understanding or application of law. This is why it would only be applicable if the marriage is and was definitely legal at the time the I-130 was filed, and can be demonstrated as such. That's where an attorney familiar with either (or preferably both) Liberian marriage law and US immigration law would be beneficial.

Edited July 19, 2020 by geowrian

[Pretty Q 0]

6 minutes ago, geowrian said:

An appeal is possible within 30 days of the denial or revocation. You would do so via an I-290B (https://www.uscis.gov/i-290b).

However, the appeal is not to introduce new facts to the case. To have a successful appeal, you would need to show that USCIS made a mistake in understanding or application of law. This is why it would only be applicable if the marriage is and was definitely legal at the time the I-130 was filed, and can be demonstrated as such. That's where an attorney familiar with either (or preferably both) Liberian marriage law and US immigration law would be beneficial.

But if USCIS is saying that the marriage certificate was not registered at all then how is it possible to file an appeal? Even though, I was not never aware the marriage certificate not being registered. I would definitely love to fight my case but I don't want to get a lawyer involved where i have to spend money and then ends of refiling. If filing an appeal is highly possible then I believe my joy would be restored and hope renew. 

 

So, should I go ahead and file an appeal before getting in contact with a lawyer just to beat the deadline of the 30 days mark? And then get a lawyer?? Or should I get a lawyer before proceeding with anything? 

 

Thanks for your patience in helping me.

[retheem 564]

Get a lawyer. Like yesterday.