Response to 212(a)(6)(C)(I)

[Family 3,988]

You are on the right track in focusing on August 1 2006. 
Ask your wife if she remembers that date ..was it when she was interviewed with her 1st husband?..was it the date on her forms ( I-485) ..? Or..

[Mike E 11,739]

16 minutes ago, GreenDoggie said:

I'm sorry. I thought I was called "Sponsor."

You are both the sponsor and the petitioner. The petitioner files I-130. The sponsor files I-864.  All petitioners must file I-864. 
 

Quote

 

 

1. California

 

2. I assume so. I wouldn't see why she wouldn't, unless she made a mistake.

What I am homing in on is that she married after the 90 day deadline (August 1, 2006). Her I-485 was denied because of that.

 

If the marriage certificate was altered to August 1, 2006, then this explains the misrepresentation. Or if she wrote August 1, 2006 as her date of marriage in her I-485. 
 

Quote

 

3. My ex-lawyer did, which she'll be sending me a copy of. 

My guess is the answer is in there   Look for an inconsistency it what was stated  in 2006 versus 2021. 

[GreenDoggie 9]

20 minutes ago, Family said:

You are on the right track in focusing on August 1 2006. 
Ask your wife if she remembers that date ..was it when she was interviewed with her 1st husband?..was it the date on her forms ( I-485) ..? Or..

That was the day she went to her local city hall to register her marriage. 

 

No interview with USCIS or whomever. 

[Family 3,988]

8 minutes ago, Mike E said:

My guess is the answer is in there   Look for an inconsistency it what was stated  in 2006 versus 2021. 

Since the finding is by DHS, it is definitely related to something submitted or said to USCIS…..and one would expect the I-485 ( green card ) denial to allege marriage fraud…..BUT the attorney would have clearly seen that in the FOIA assuming she had a chance before her illness/ death..

 

 

[GreenDoggie 9]

11 minutes ago, Mike E said:

You are both the sponsor and the petitioner. The petitioner files I-130. The sponsor files I-864.  All petitioners must file I-864. 
 

What I am homing in on is that she married after the 90 day deadline (August 1, 2006). Her I-485 was denied because of that.

 

If the marriage certificate was altered to August 1, 2006, then this explains the misrepresentation. Or if she wrote August 1, 2006 as her date of marriage in her I-485. 
 

My guess is the answer is in there   Look for an inconsistency it what was stated  in 2006 versus 2021. 

I see...

 

I can see that maybe she wrote in marriage date in her I-485 (or whatever else) that her marriage date was Aug 1st, which she really thought was her marriage date. The state of CA declared that she got married Aug 4th, but she thought it was the 1st because that was the day she went to City Hall. 

 

Got some investigating to do...

[GreenDoggie 9]

2 minutes ago, Family said:

Since the finding is by DHS, it is definitely related to something submitted or said to USCIS…..and one would expect the I-485 ( green card ) denial to allege marriage fraud…..BUT the attorney would have clearly seen that in the FOIA assuming she had a chance before her illness/ death..

 

 

Unfortunately, she didn't. 

 

She was ill before the consulate informed me that the cause was on Aug 1, 2006. 

[pushbrk 12,882]

4 minutes ago, GreenDoggie said:

I see...

 

I can see that maybe she wrote in marriage date in her I-485 (or whatever else) that her marriage date was Aug 1st, which she really thought was her marriage date. The state of CA declared that she got married Aug 4th, but she thought it was the 1st because that was the day she went to City Hall. 

 

Got some investigating to do...

Unless there is something "material" about the difference between August 1 and August 4, that's not the reason.  If her deadline was the 1st and she really married on the 4th, then THAT makes it material, quite material and quite willful.

 

Is the more complete truth that they married to late and then intentionally lied about it?  If so, you're dead in the water.  Need a very good attorney who may fail you anyway.

[Family 3,988]

3 minutes ago, GreenDoggie said:

I see...

 

I can see that maybe she wrote in marriage date in her I-485 (or whatever else) that her marriage date was Aug 1st, which she really thought was her marriage date. The state of CA declared that she got married Aug 4th, but she thought it was the 1st because that was the day she went to City Hall. 

 

Got some investigating to do

Google online and get a copy of the marriage license ( not the marriage certificate)..

It may be that they went to get married on August 1st but they were not allowed to do same day marriage ceremony ( although in California it is possible)…but she put August 1st on the forms. 
 

If that is the case , still worth a shot challenging the finding as NOT material, since she could have simply filed an I-130 and still be approved for adjustment and green card…of course the chance to prevail are low because it was a DHS decision and I doubt Consulate will entertain.

 

Start preparing for a I-601…

 

[GreenDoggie 9]

1 minute ago, pushbrk said:

Unless there is something "material" about the difference between August 1 and August 4, that's not the reason.  If her deadline was the 1st and she really married on the 4th, then THAT makes it material, quite material and quite willful.

 

Is the more complete truth that they married to late and then intentionally lied about it?  If so, you're dead in the water.  Need a very good attorney who may fail you anyway.

I think the "material" part is that Aug 1st was the last day they could get married-that was the deadline. 

 

They went to city hall on that day and registered, which my wife thought was the marriage date. To her, registration to the government means married. 

 

City hall declared that the marriage date as Aug 4th because that was the date they exchanged vows.  

 

The paperwork for the green card after they married was done by a law firm. It's hard to imagine they would put in the wrong date, especially if you had to give them a copy of the marriage certificate. Also, according to her, she said that she was denied the green card because the marriage was done too late.  

[Family 3,988]

8 minutes ago, GreenDoggie said:

think the "material" part is that Aug 1st was the last day they could get married-that was the deadline. 

 

They went to city hall on that day and registered, which my wife thought was the marriage date. To her, registration to the government means married. 

 

City hall declared that the marriage date as Aug 4th because that was the date they exchanged vows.  

 

The paperwork for the green card after they married was done by a law firm. It's hard to imagine they would put in the wrong date, especially if you had to give them a copy of the marriage certificate. Also, according to her, she said that she was denied the green card because the marriage was done too late.  

I gave 2 links  on fraud/misrep. Read slowly so you can build up a bit of needed vocabulary for your Challenge. Refer to USCIS ( they are the agency that apparently made the finding) and FAM the consulate you will be trying to convince IT WAS NOT MATERIAL ..btw it’s not “  material “ as defined. 

 

Do argue that your wife WOULD HAVE BEEN eligible to adjust with filing the I-130 even with the marriage outside the 90 day window.

 

I also think the current attorney passing and the hardship of  a year’s delay may give you a good chance at discretion.

 

 

https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3

 

https://fam.state.gov/fam/09FAM/09FAM030209.html

[GreenDoggie 9]

Thank you to all for your replies. I got some researching to do.

[pushbrk 12,882]

1 hour ago, Family said:

I gave 2 links  on fraud/misrep. Read slowly so you can build up a bit of needed vocabulary for your Challenge. Refer to USCIS ( they are the agency that apparently made the finding) and FAM the consulate you will be trying to convince IT WAS NOT MATERIAL ..btw it’s not “  material “ as defined. 

 

Do argue that your wife WOULD HAVE BEEN eligible to adjust with filing the I-130 even with the marriage outside the 90 day window.

 

I also think the current attorney passing and the hardship of  a year’s delay may give you a good chance at discretion.

 

 

https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3

 

https://fam.state.gov/fam/09FAM/09FAM030209.html

I tend to agree that there's an argument in that she could have adjusted by filing the I-130 concurrently.  Maybe it's malpractice.  Maybe they tried to get away with something.  Definitely lawyer time, IMO.  I would recommend Marc Ellis but he retired.  Firm is still active though.  marcellislaw.com

[SalishSea 17,828]

7 hours ago, GreenDoggie said:

I see...

 

I can see that maybe she wrote in marriage date in her I-485 (or whatever else) that her marriage date was Aug 1st, which she really thought was her marriage date. The state of CA declared that she got married Aug 4th, but she thought it was the 1st because that was the day she went to City Hall. 

 

Got some investigating to do...

How can someone not know the date of their actual wedding?    And it isn’t a case of remembering to way back…..this date would have been noted on the forms at the time.

 

There’s you  fraud- mismatch on what she claimed and what the documents say.

[JeanneAdil 6,498]

7 hours ago, pushbrk said:

Unless there is something "material" about the difference between August 1 and August 4, that's not the reason.  If her deadline was the 1st and she really married on the 4th, then THAT makes it material, quite material and quite willful.

 

Is the more complete truth that they married to late and then intentionally lied about it?  If so, you're dead in the water.  Need a very good attorney who may fail you anyway.

my thoughts 

they applied for license august 1st and married on the 4th

i can't see the state not registering the date of marriage properly/ it would be on the marriage certificate dated by the person who performed the ceremony,

 

obviously she was actually married as it required a divorce 

but past the 90 day K1 requirement 

 

GOOD immigration lawyer or live together outside the US

 

[Boiler 45,487]

My guess is that it is something else, as has been mentioned marrying at 94 days just needs another form.