I-130 Notice of Intent to Deny based on fake marriage certificate

[Lucky2Lucky 2,526]

19 hours ago, MrsKhatib said:

Friday, I get the same thing...a Notice of Intent to deny.  This one (unlike last time) asked me for a sworn statement as to wife I did not say he was married on the application.  It asked for all proof of bonafide marriage and AGAIN, a divorce decree.    You cannot divorce someone you did not marry, no records of it, she does exist.   So I don't know what else I need?   Anyone heard of this before?

 

All attorneys I consulted with said that we would get through the I130 with a letter from the judges and then 50/50 chance of a waiver 601.

 

Anyone else been through this.......My husband admits his stupidity, his older sister made this, he just wanted to come visit a brother he had not seen in years.

I'm sorry his stupidity is now your problem as well. You might want to start looking to move to Palestine if you want to stay married.

[SalishSea 17,837]

13 hours ago, pushbrk said:

Either lie carries the same consequences.

This is critical, and something that often is overlooked when people commit visa fraud.

[SalishSea 17,837]

I doubt that the petition will even make it to an embassy, since USCIS did not deny it in error.  Without evidence of a prior marriage being dissolved, he is not eligible to be petitioned.  Life lesson:  lying to any agency within the US immigration system is always a bad idea.

[retheem 566]

9 minutes ago, Jorgedig said:

I doubt that the petition will even make it to an embassy, since USCIS did not deny it in error.  Without evidence of a prior marriage being dissolved, he is not eligible to be petitioned.  Life lesson:  lying to any agency within the US immigration system is always a bad idea.

True; some things you read here and you wonder who on earth really advises some people.

Edited July 27, 2020 by retheem

[SalishSea 17,837]

Just now, retheem said:

True; some things you read here and you wonder who really advises some people.

Before joining VJ, I had no idea how clueless lawyers can be...

[retheem 566]

Just now, Jorgedig said:

Before joining VJ, I had no idea how clueless lawyers can be...

Most of these things you don't really need a lawyer, if you know what you are doing. Immigration is one of those things where you look right, left, right and left again, and make sure all possible bases are covered. And especially in these uncertain times and a deranged administration in power? Cover your a*** at all times

[pushbrk 12,898]

14 minutes ago, retheem said:

Most of these things you don't really need a lawyer, if you know what you are doing. Immigration is one of those things where you look right, left, right and left again, and make sure all possible bases are covered. And especially in these uncertain times and a deranged administration in power? Cover your a*** at all times

I suspect the visitor visa application was submitted based on advice that the chances were better to get the visa if the applicant appeared to be tied to the home country by virtue of leaving a spouse behind not traveling with them.  At the time, they never thought about the possibility of applying for a spouse visa later.  Catch 22.  This does not end well.

[retheem 566]

1 minute ago, pushbrk said:

I suspect the visitor visa application was submitted based on advice that the chances were better to get the visa if the applicant appeared to be tied to the home country by virtue of leaving a spouse behind not traveling with them.  At the time, they never thought about the possibility of applying for a spouse visa later.  Catch 22.  This does not end well.

You are closer to correct. A spouse and a child (real or imagined) and evidence of property ( real or imagined)- and I used the word "imagined" deliberately- gives you a higher chance of approval for a B1/B2 visa.

[Boiler 45,527]

23 minutes ago, retheem said:

Most of these things you don't really need a lawyer, if you know what you are doing. Immigration is one of those things where you look right, left, right and left again, and make sure all possible bases are covered. And especially in these uncertain times and a deranged administration in power? Cover your a*** at all times

I have seen stories like this over at least 3 Presidents.

[SalishSea 17,837]

@Lucky Cat

 

"Tales of the Green Card" material.

Edited July 27, 2020 by Jorgedig

[Crazy Cat 41,888]

1 hour ago, pushbrk said:

I suspect the visitor visa application was submitted based on advice that the chances were better to get the visa if the applicant appeared to be tied to the home country by virtue of leaving a spouse behind not traveling with them.  At the time, they never thought about the possibility of applying for a spouse visa later.  Catch 22.  This does not end well.

In my short time time here (about 4 years), I have never seen one of these cases resolved. I recall there having been at least 5 or 6 similar cases. The posters just never return to update us.

Edited July 27, 2020 by Lucky Cat

[kksy 20]

Just curious: how did lying about his marriage benefit him in any way when applying for a tourist visa?

[geowrian 22,337]

1 minute ago, kksy said:

Just curious: how did lying about his marriage benefit him in any way when applying for a tourist visa?

The idea is having a spouse to return home to would decrease the risk of overstaying in the US, or trying to find a spouse in the US to marry and stay.

[Crazy Cat 41,888]

1 minute ago, kksy said:

Just curious: how did lying about his marriage benefit him in any way when applying for a tourist visa?

Having strong ties to home country is crucial in obtaining approval for a tourist visa.  Some people believe a spouse remaining in the home country is a strong tie....and a reason to return.

[dwheels76 5,468]

16 hours ago, Lucky Cat said:

In my short time time here (about 4 years), I have never seen one of these cases resolved. I recall there having been at least 5 or 6 similar cases. The posters just never return to update us.

They don't come back and post here but they inbox some I know a boatload from West African Nigeria, Ghana, Senegal, Gambia that all did this and the men are still in Africa 3,4,5,6 years later.
I only know of one from Nigeria came to interview and before CO even started he owned up to the application lie saying he had wife and kids, The CO thanked him did interview he was approved. No one I know that lied and submitted fraudulent papers ever got approved. I don't see that EVER happening.