fake divorce cert / kid / noid

[Orangesapples 1,954]

The fact that he not only lied to USCIS and the embassy but lied to you about a child (!) will make establishing the bona fides of your relationship very challenging. It will be very hard to convince USCIS that he is not scamming you if he lied to you and you only found out from USCIS. 

[Rocio0010 5,579]

5 hours ago, Orangesapples said:

The fact that he not only lied to USCIS and the embassy but lied to you about a child (!) will make establishing the bona fides of your relationship very challenging. It will be very hard to convince USCIS that he is not scamming you if he lied to you and you only found out from USCIS. 

Thank you!!!! That was also my thought too after reading the post three times because I couldn’t make sense out of it. The lie to OP is a big red flag a fraudulent marriage. 

[Adventine 3,196]

5 hours ago, Jorgedig said:

Am I missing something?  He lied about being married, divorced, and having a kid, and then he married the OP.

 

What was the incentive?  Lying is crappy, but if he was never actually married/divorced, would this necessarily invalidate their marriage?

I am also wondering what was the incentive for the husband to falsify a divorce.

 

If I am reading OP's original post correctly, I am assuming the following happened:

 

- The husband applied for a US tourist visa and declared on his application that he was married and had a child (as apparently people think that strengthens their cases)

- At some point, the husband obtained a fake divorce certificate (in anticipation of eventually marrying a USC and applying for AOS?)

- Got married to the USC and applied for AOS

- USCIS discovers that the divorce certificate is fake

 

At least that is how I am reading it. Would help if OP clarified.

[Dashinka 24,505]

10 minutes ago, Adventine said:

I am also wondering what was the incentive for the husband to falsify a divorce.

 

If I am reading OP's original post correctly, I am assuming the following happened:

 

- The husband applied for a US tourist visa and declared on his application that he was married and had a child (as apparently people think that strengthens their cases)

- At some point, the husband obtained a fake divorce certificate (in anticipation of eventually marrying a USC and applying for AOS?)

- Got married to the USC and applied for AOS

- USCIS discovers that the divorce certificate is fake

 

At least that is how I am reading it. Would help if OP clarified.

I would expect so he could stay in the US from a B1 entry by marrying a USC although that is just speculation.  The fact that he obtained an immigration benefit by lying is a big issue and as others have suggested, not a DIY situation.

[Sparkle Sparkle 914]

56 minutes ago, Dashinka said:

I would expect so he could stay in the US from a B1 entry by marrying a USC although that is just speculation.  The fact that he obtained an immigration benefit by lying is a big issue and as others have suggested, not a DIY situation.

I concur totally and every benefit that came with his status will be stripped...He also lied under oath to obtain marriage under false pretenses....did you guys file tax?..did he include the fictitious kid in the tax returns too? .....He needs a lawyer, but even lawyers have to go by the law.

[Dashinka 24,505]

4 minutes ago, Sparkle Sparkle said:

I concur totally and every benefit that came with his status will be stripped...He also lied under oath to obtain marriage under false pretenses....did you guys file tax?..did he include the fictitious kid in the tax returns too? .....He needs a lawyer, but even lawyers have to go by the law.

We see stories occasionally, where someone claimed to be married for a B2 application but did not get it, then subsequently married a USC and then has to prove the negative on a CR1 application about a marriage that did not happen.  We usually don't hear the end of the story with those, but this one sounds somewhat similar.

[Rocio0010 5,579]

Wouldn’t op be in trouble too, for consenting to fraud?

[serious2 5]

@Afry2021 was the fake divorce certificate given back to your husband by the USCIS? 

[Dashinka 24,505]

4 minutes ago, ra0010 said:

Wouldn’t op be in trouble too, for consenting to fraud?

Not sure I would go there, it does not appear that they were aware of anything until the RFE showed up and the spouse came clean.

[Crazy Cat 41,884]

9 hours ago, Jorgedig said:

What was the incentive to lie?  Makes no sense.

It seems to me that he lied in order to get the B2, which was successful.  That sounds like possible material misrepresentation.  After marrying the USC while in the US via that B2, he applied to adjust status.  I guess he filed the fake divorce decree as part of his I-130/I-485 package to cover the previous fake marriage claim.  USCIS caught the fake, and demanded authentication of said fake.  A NOID/NOIR was issued.  That's the way I read the OP posts.  I see trouble from a couple areas- Possible material misrepresentation in obtaining the B2 (from which he later attempted to adjust status) and willful misrep again by knowing submitting a fake document to USCIS.  This may or may not be exactly what happened.  

Edited January 8, 2021 by Lucky Cat

[replaysports 41]

14 hours ago, afry2021 said:

I am a USC married to a man from ghana in 2019. we filed for I-130, I-485 etc and after some months of submitting his paper-works to USCIS, he eventually got his EAD and starts working. This guy support me in everything that requires finances (including my bills and rents), help with my crippled daughter and I was diagnosed with type-2 diabetes which makes my health to get worse everyday. we got notice for his AOS interview in Chicago local office and after few month of waiting we got reply that my husband need to authenticate the divorce certificate he presented from ghana (NOID). At this point my husband opens up to me that the divorce cert was fake that he is never married back home and that the son he told me he had was a lie too. he told me this was the lie he presented in ghana to get visa to come here.

Now my major concern now is he presented this same fake certificate in the court to get married to me and the fake son's name he claimed is on our marriage license. Now he is ready to tell the USCIS the whole truth and not cover more lies.

My readers, what should we do ? what are the implications of this on his chance of getting his green-card? Are we still legally married if we inform the court house? because without this my husband, myself and my daughter we're doomed.

Every reply and contributions will be appreciated.

Then they wonder why some countries have stricter scrutiny...  

[African Zealot 1,455]

This is quite common in the immigrant community from west Africa. I have also examined district court documents covering several cases of such fraud. Unfortunately it is the beginning of a shipwreck.

 

All I will say is get a great immigration attorney but don’t get your hopes up. For encouragement I know of at least two cases where immigrants were convicted of marriage fraud after becoming citizens and although the citizenship was revoked, immigration declined to pursue revocation of the permanent residence. Those are different from your case however I cite them as evidence that it is not over until it is over, although your case indeed appears quite hopeless.

[JeanneAdil 6,510]

1 st of all so sorry this happened to you

2nd Looking at it differently 

 if he had to produce a fake divorce degree,  he was married 

i know Ghana is a  3rd world country but they still register marriages 

3rd he would have had to show proof of the child to embassy (not just tell them)

 

if the above is true,  she wouldn't be legally married 

i would kick his butt out and see an attorney to protect you

tell him he needs his own immigration attorney

and i would inform immigration of the fraud

[Dashinka 24,505]

1 minute ago, JeanneAdil said:

1 st of all so sorry this happened to you

2nd Looking at it differently 

 if he had to produce a fake divorce degree,  he was married 

i know Ghana is a  3rd world country but they still register marriages 

3rd he would have had to show proof of the child to embassy (not just tell them)

 

if the above is true,  she wouldn't be legally married 

i would kick his butt out and see an attorney to protect you

tell him he needs his own immigration attorney

and i would inform immigration of the fraud

You may be right, and the OP has not been back to clarify, so at this point we only have supposition, but from the OP it seems like the spouse lied about being married back in time to get the B2, and doubled down with a fake divorce decree at the AOS stage to try and cover for the DS160 lie, but again supposition.  Now if that is indeed the case, then I would think the OP is legally married.

[Rocio0010 5,579]

14 hours ago, afry2021 said:

This guy support me in everything that requires finances (including my bills and rents), help with my crippled daughter and I was diagnosed with type-2 diabetes which makes my health to get worse everyday.

I’m not trying to judge or anything but the language op uses to describe his husband “this guy” and the whole situation about why OP needs his husband makes me thing that this might be fraud, but I might be wrong and don’t want to judge OP. Anyhow, OP, like others said, consult an immigration attorney but also make sure that you are covered too. This guy lied to you big time.