Married before first entry (split) (merged)

[SalishSea 17,827]

4 hours ago, Jubblee said:

@Boiler @Crazy Cat the whole process took 12 years to get visa issued in thi process also she aged out (more than of 21 years) and parents loose hope to get visa issued so they had married her to me...

 One thing more also we tell them that she had married in Ds-260 Alien registration  form we mentioned  all that about marriege and provide all information  like marriage  date her spouse all details etc also when the medical happened  before issuing  visa the medical officer  asked her are you married she told that yes I am married so the medical  officer refused  to take medical and told her to wait then the medical officer called the US embassy and tell them all the embassy allowed  to do her medical... so in this way all we did is in legal way..... 

None of that sounds true, sorry.

[Family 3,988]

What country are you from? 
Can you ask your wife to get on VJ ? 
Just for a chance to hear what the Consulate Officer asked your wife during her interview, please. 

I take it wife’s uncle filed the petition for wife’s father and she had CSPA protection and was able to come as derivative child , since F-43 is “child “ of F-41 

 

WHO did the case, completed the DS-260 , uploaded documents to NVC? 
Did family have an attorney? 

Somebody is not telling YOU the truth here….I don’t think your wife TOLD the consulate she was married or ever showed them her marriage certificate….
 

 

 

[Jubblee 1]

@Family the interview conducted in 2016 all family members attented it and interviewer asked just normerl questions  like who filed for petition etc at that time she didn't  get married and then they denied to issue visa that time and hold on wait so after so much time waiting  in 2021 they loose hope to get visa and get her daughter married...

after that the uncle who petitioned  hire a lawyer and he do all the stuff again and all info on ds-260 upload  by lawyer also her spouse information... in 2022 message came from US embassy that we appreciate  your patience  and reshedule the appointment  they gave  again medical date and said that old medical is expired in the medical the medical taker asked her you married she said yes then she refused to take medical and said her to wait then she called the US embassy and tell that about marriage  they said to take medical... well medical happened  all of family members and and after some days an email got from.embassy that your visas are issued and collect the passport they simply collected  that and went to usa this is the all story

Edited August 13, 2022 by Jubblee

[Adventine 3,196]

Could be the consular officer made a big (career-ending?) mistake issuing the visa.

 

Edited August 13, 2022 by Adventine

[Lil bear 4,201]

8 minutes ago, Adventine said:

Could be the consular officer made a big (career-ending?) mistake issuing the visa.

 

Possible .. unfortunately i don't see that it  will alter the impact for the beneficiary … back to plan b -which seemed to be the marriage. 

[Family 3,988]

1 hour ago, Jubblee said:

2022 message came from US embassy that we appreciate  your patience  and reshedule the appointment  they gave  again medical date and said that old medical is expired in the medical the medical taker asked her you married she said yes then she refused to take medical and said her to wait then she called the US embassy and tell that about marriage  they said to take medical... well medical happened  all of family members and and after some days an email got from.embassy that your visas are issued and collect the passport they simply collected  that and went to usa this is the all story

Thank you for responding. 
It seems wife was only interviewed once in 2016 ( when she was still unmarried). 
In 2022, she only did medical ( submitted passport) and visa issued without another interview. 
 

DO NOT have your wife file I-130 for you yet…until she is ready to understand /face the reality that her LPR status may be rescinded, and she prepares for the Fraud Waiver as posted by @Demise. 

She will prevail, based on your details ..

Though she got her green card, it was issued in error . 
 

FIRST , contact attorney by email and certified mail and ask for a complete copy of her file , especially the DS-260 copy and documents submitted at NVC and all correspondence with embassy. 
 

SECOND , have her and uncle ( petitioner ) do a FOIA for her visa file w DOS 

https://foia.state.gov/Request/Visa.aspx

 

THIRD , have wife consult a few good attorneys, once she has her records. Understand you are saving a great deal of money in legal fees by getting records together yourself. 
 

Do NOT use the same attorney uncle hired because he SHOULD HAVE told her she can’t get visa since she was married. *** I have a feeling attorney DID NOT disclose the marriage and maybe uncle knew it•••

Just write them and ask for copy of her file, ASAP. 
 

Once she has ALL HER records ( copy of DS-260 ) as filed on her behalf, and a new attorney lined up, I think they will advise her go ahead and file the I-130 for you as a means of getting her into rescission proceedings and EOIR / court do green card can be fixed. 
The likelihood that they ( USCIS/ DOS ) will catch their mistake is HIGH the moment she files for you,..

 

OR she just stays an LPR by herself in USA and keeps renewing her green card every 10 years ..safe and under the radar. 
 

If she makes past 5 years , they can’t take her green card away , cannot initiate recision proceedings, can’t put her in EOIR …BUT she can never become a US citizen 
 

 

[Family 3,988]

I do believe your story and also that your wife did everything possible to disclose the marriage.. and it has happened to others 

 

But your wife was providing the info TO THE ATTORNEY , not in direct communication with NVC or consulate . Not sure why a panel physician would not email red flag alerts to consulate ..so I will assume phone call was between front desk staff and never made it to officer that approved visa 

 

 

Edited August 13, 2022 by Family

[Demise 1,282]

6 hours ago, Family said:

If she makes past 5 years , they can’t take her green card away , cannot initiate recision proceedings, can’t put her in EOIR …BUT she can never become a US citizen

INA 246, which is the thing you're referencing only applies to AOS, it does not apply to those that entered with an immigrant visa.

 

That being said, INA 246 is honestly a dead letter outside of the third circuit. Even if you were granted AOS in error, while DHS cannot initiate rescission proceedings, they can nonetheless initiate removal proceedings. Third circuit is the only one to hold otherwise in Garcia v. Attorney General (3rd cir, 2009).

[Family 3,988]

31 minutes ago, Demise said:

6 hours ago, Family said:

If she makes past 5 years , they can’t take her green card away , cannot initiate recision proceedings, can’t put her in EOIR …BUT she can never become a US citizen

INA 246, which is the thing you're referencing only applies to AOS, it does not apply to those that entered with an immigrant visa.

 

That being said, INA 246 is honestly a dead letter outside of the third circuit. Even if you were granted AOS in error, while DHS cannot initiate rescission proceedings, they can nonetheless initiate removal proceedings. Third circuit is the only one to hold otherwise in Garcia v. Attorney General (3rd cir, 2009).

Thanks @Demise for shaking loose this skewed  false memory in my head…that taking LPR from admitted w visa and AOS is same. Yes, they would go straight to NTA and charge as inadmissible at grant.
 

Going through a bit of footnotes …

 

See INA 318. See Estrada-Ramos v. Holder, 611 F.3d 318 (7th Cir. 2010). See Mejia-Orellana v. Gonzales, 502 F.3d 13 (1st Cir. 2007). See De La Rosa v. DHS, 489 F.3d 551 (2nd Cir. 2007). See Savoury v. U.S. Attorney General, 449 F.3d 1307 (11th Cir. 2006). See Arellano-Garcia v. Gonzales, 429 F.3d 1183 (8th Cir. 2005). See Monet v. INS, 791 F.2d 752 (9th Cir. 1986). See Matter of Longstaff, 716 F.2d 1439, 1441 (5th Cir. 1983). See Matter of Koloamatangi (PDF), 23 I&N Dec. 548, 550 (BIA 2003). See Fedorenko v. U.S., 449 U.S. 490, 514-15 (1981) (denaturalizing person who obtained immigrant visa through willful misrepresentation). See Matter of Mozeb (PDF), 15 I&N Dec. 430 (BIA 1975).

[Family 3,988]

OP , your wife will not have to lose her LPR status because her parents are now qualifying relatives and has the waiver available…BUT only if she gets in removal proceedings…i know removal/ deportation sounds scary but in her case , it will be a good thing .

 

Print and read this info so you know exactly what you should EXPECT from the attorneys you consult …especially Example 1.

 

I hope @June k reads your post and she can shed some light on what USCIS did after denial of her husband’s N-400 , for exactly the same reasons as your wife.

 

 

( please note my earlier “ recission “ term does not apply ) 

 

 

https://www.ilrc.org/sites/default/files/resources/237a1h_waiver_advisory_nov._2019_dec._2019-final.pdf

 

Example: Dolores immigrated through a petition filed by her permanent resident mother when she was twenty-five years old (family-based second preference 2B). Later, when Dolores applied for U.S. citizenship, USCIS discovered that Dolores was in fact married at that time, and thus did not qualify to immigrate as the unmarried daughter of an LPR. Dolores is placed in removal proceedings, charged with being deportable for being inadmissible at time of admission. Assuming she has a qualifying relative, she can apply for a 237(a)(1)(H) waiver.

 

Example: Kai became a permanent resident through their marriage to a U.S. citizen. Many years later, after the marriage has dissolved and Kai applied to naturalize, USCIS determines that Kai engaged in marriage fraud, and places Kai in proceedings charged with being deportable for marriage fraud. Kai has a qualifying relative, a U.S. citizen child, so they will be able to seek a 237(a)(1)(H) waiver.
1 Previously, this waiver was found at INA § 241(f) and thus older cases refer to that section of the INA.

[June k 6]

20 hours ago, Family said:

OP , your wife will not have to lose her LPR status because her parents are now qualifying relatives and has the waiver available…BUT only if she gets in removal proceedings…i know removal/ deportation sounds scary but in her case , it will be a good thing .

 

Print and read this info so you know exactly what you should EXPECT from the attorneys you consult …especially Example 1.

 

I hope @June k reads your post and she can shed some light on what USCIS did after denial of her husband’s N-400 , for exactly the same reasons as your wife.

 

 

( please note my earlier “ recission “ term does not apply ) 

 

 

https://www.ilrc.org/sites/default/files/resources/237a1h_waiver_advisory_nov._2019_dec._2019-final.pdf

 

Example: Dolores immigrated through a petition filed by her permanent resident mother when she was twenty-five years old (family-based second preference 2B). Later, when Dolores applied for U.S. citizenship, USCIS discovered that Dolores was in fact married at that time, and thus did not qualify to immigrate as the unmarried daughter of an LPR. Dolores is placed in removal proceedings, charged with being deportable for being inadmissible at time of admission. Assuming she has a qualifying relative, she can apply for a 237(a)(1)(H) waiver.

 

Example: Kai became a permanent resident through their marriage to a U.S. citizen. Many years later, after the marriage has dissolved and Kai applied to naturalize, USCIS determines that Kai engaged in marriage fraud, and places Kai in proceedings charged with being deportable for marriage fraud. Kai has a qualifying relative, a U.S. citizen child, so they will be able to seek a 237(a)(1)(H) waiver.
1 Previously, this waiver was found at INA § 241(f) and thus older cases refer to that section of the INA.

Thanks for this.our lawyer requested an N.T.A from uscis.. still waiting 

 

 

 

 

 

[Family 3,988]

19 minutes ago, June k said:

Thanks for this.our lawyer requested an N.T.A from uscis.. still waiting 

 

I appreciate your update @June k ..but unless your lawyer is the “hand shaking “ “ go getter” that is familiar with his local Field Office and they answer his emails, I think 4 months have passed and USCIS is ignoring the request. 

Tell your husband he should tell the attorney it’s a good idea for your husband to contact the congressman and ask for help to expedite USCIS decision on NTA. He just needs to say his fathers health is very poor and he needs to fix the green card so he can bring you here to help care for his father. 
 

Congressional Liason will help get a fast response ( yes or no) to see if they will issue NTA.

 

You are among few people asking to be get an NTA , and am so glad your husband got an attorney. Did they explain the waiver? It should be the one in my link 

Edited August 14, 2022 by Family

[June k 6]

4 minutes ago, Family said:

I appreciate your update @June k ..but unless your lawyer is the “hand shaking “ “ go getter” that is familiar with his local Field Office and they answer his emails, I think 4 months have passed and USCIS is ignoring the request. 

Tell your husband he should tell the attorney it’s a good idea for your husband to contact the congressman and ask for help to expedite USCIS decision on NTA. He just needs to say his fathers health is very poor and he needs to fix the green card so he can bring you here to help care for his father. 
 

Congressional Liason will help get a fast response ( yes or no) to see if they will issue NTA.

 

You are among few people asking to be get an NTA , and am so glad your husband got an attorney. Did they explain the waiver? It should be the one in my link 

you are right.His dad was actually rushed to the ER today so we need them to work on this.I'll also send this message to my husband 

[Family 3,988]

1 minute ago, June k said:

you are right.His dad was actually rushed to the ER today so we need them to work on this.I'll also send this message to my husband 

Tell me the city husband lives in and I will send link for Congressman office and paperwork. But maybe you can do that on your old thread . I will look out for it

Am still glad OP got a chance to hear about your case, as he is in the same position 

[June k 6]

2 minutes ago, Family said:

Tell me the city husband lives in and I will send link for Congressman office and paperwork. But maybe you can do that on your old thread . I will look out for it

Am still glad OP got a chance to hear about your case, as he is in the same position 

Thanks so much,He lives in Minnesota,inver Grove