My wife’s CR1 was denied and sent for administrative processing and been waiting for 1 year and half

[igoyougoduke 1,656]

3 hours ago, nastra30 said:

I have a feeling the NOIR is NOT going to be about misrepresentation so the waiver path won't come into play. But rather it's going to be the authenticity of the marriage of petitioner to beneficiary since beneficiary is already 'married'. However, I'm just speculating; will wait for op to chime in about the NOIR.

if she was already married and did not get divorced but married OP , wouldnt the whole petition be moot . How did USCIS even approve i-130 without divorce decree ?

[nastra30 2,284]

1 hour ago, igoyougoduke said:

if she was already married and did not get divorced but married OP , wouldnt the whole petition be moot . - that's my line of thinking

How did USCIS even approve i-130 without divorce decree ? - Because beneficiary said they were single in the I-130 and USCIS did not catch the discrepancy during background checks. Some of these things fall through the cracks; not shocking. In fact a lot of things fall though the cracks and are never discovered or only discovered during naturalization. This was discovered by DOS and returned to DHS.

 

[Boiler 45,466]

I seriously doubt USCIS new, this is something the Consulate dealt with.

 

Now they do.

[nastra30 2,284]

13 minutes ago, nastra30 said:

Because beneficiary said they were single in the I-130

Re-wording - Because beneficiary said they have never been married except to op in the I-130.

[Elon 20]

I am sorry guys.. I am still waiting the document. The USCIS online account changed the status saying this
“On January 10, 2024, we mailed you a notice explaining our intent to revoke our earlier approval of your case, Receipt Number[removed]. The notice explains what we will do. Please follow the instructions in the notice and submit any requested materials. If you do not receive your notice before January 24, 2024, contact the USCIS Contact Center at www.uscis.gov/contactcenter. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.” I usually receive the document in my online account the same day the status changes but they didn’t attach the notice  for some reasons. So I have to wait 7 days to put in a request if it doesn’t show up or I don’t receive it in the mail. I will keep you posted.

 

Thank you all 

[Elon 20]

Okay guys, here is the Notice I received. I have removed the names for privacy reasons and replaced them with beneficiary and Petitioner.

 

 

On August 11, 2021, you filed a Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS) on behalf of  (beneficiary). USCIS intends to revoke the approval of your petition for the reason(s) discussed below.
The petition was approved by USCIS on December 7, 2021, and subsequently returned to this Service Center by the Department of State (DOS) because they discovered that the beneficiary may not be eligible for the benefit sought for the following reasons: the beneficiary is not legally free to married the petitioner.
The approval of any petition may be revoked for what is deemed to be good and sufficient cause. See the Immigration and Nationality Act (INA) § 205. Good and sufficient cause exists when the evidence of record at the time the notice is issued, if unexplained and unrebutted, would warrant a denial of the visa petition based on the petitioner's failure to meet his burden of proof. Matter of Estime, 19 I&N Dec. 450 (BIA 1987).
In visa petition proceedings, it is the petitioner’s burden to establish eligibility for the immigration benefit sought. See Matter of Brantigan, 11 I&N Dec. 493, 495 (BIA 1966); Title 8 of the Code of Federal Regulations (8 CFR) § 103.2(b). You must demonstrate that the beneficiary can be classified as your spouse. See 8 CFR § 204.2
The information obtained at the consular interview indicates that there is good and sufficient cause for the petition approval to be revoked.
POLYGAMOUS MARRIAGE NOT LEGALLY RECOGNIZED UNDER INA
The beneficiary was interviewed by a Consular Officer. Based on her interview, the consular officer determined that:
On the form I-130, the petitioner indicated the beneficiary was only married once, which was to him. The beneficiary also confirmed this during her interview. Petitioner and Beneficiary were married on July 12, 2021.
However, according to the beneficiary's non-immigrant visas, filed on on June 18, 2018, and April 9, 2019, the beneficiary listed her spouse as B(replaced the name). During the visa interview, the beneficiary stated that her husband was financing her studies.
of 2 www.uscis.gov
     USCIS encourages you to sign up for a USCIS online account. To learn more about creating an account and the benefits, go to https://www.uscis.gov/file-online.

interview, the beneficiary stated that her husband was financing her studies.
The beneficiary's prior marriage was not disclose in the initial filing. The beneficiary did not provide evidence of termination of marriage to B. Therefore, the beneficiary is not legally free to married the petitioner.
While a foreign marriage is generally considered valid for immigration purposes if it is valid in the country where it is performed, it has been held that polygamy is a strong public policy exception to this rule. See Matter of Mujahid, 15 I. & N. Dec. 546 (BIA 1976) and Matter of H, 9 I. & N. Dec. 640 (BIA 1962).
As such, it does not appear that Beneficiary  was legally free to marry Petitioner at the time of marriage because she is still legally married to B.
Submit evidence to establish that Beneficiary was legally free to marry Petitioner.
If any document is not in English, it must be accompanied by a full English language translation. The translator must certify that the translation is complete and accurate and that he or she is competent to translate from the foreign language into English.
All foreign language documents must be submitted with complete English translations. In addition, the translator must certify that he or she is competent to translate the document and that the translation is complete and accurate, including a translation of the civil authority’s registration information and the signature/stamp of the civil official. Do not submit the English translation without the foreign language documents.
You are afforded thirty (30) days (thirty-three (33) days if this notice was received by mail) from the date of this notice to submit additional information, evidence or arguments to support the petition. Failure to respond to this request by February 14, 2024 will result in revocation of the prior approval of this petition.
PLACE THE ENCLOSED COVERSHEET ON TOP OF YOUR RESPONSE. SUBMISSION OF EVIDENCE WITHOUT THIS COVERSHEET WILL DELAY PROCESSING OF YOUR CASE AND MAY RESULT IN A DENIAL.

[D-R-J 192]

What is your plan for addressing? 

[Elon 20]

7 minutes ago, D-R-J said:

What is your plan for addressing? 

I am not sure yet. Still looking on how to go by this. Since my wife was never been married before. And Her and her Agent who helped her lied about her being married. I have a feeling that if I address this  by trying to prove that she was single( not sure how to prove this, I am thinking of affidavits from different people like neighbors but also some government official documents), they will deny it on basis of her past misrepresentation. So I am still thinking about what to do.

Edited January 12 by Elon
Typo

[Crazy Cat 41,834]

25 minutes ago, Elon said:

The beneficiary did not provide evidence of termination of marriage to B. Therefore, the beneficiary is not legally free to married the petitioner.
While a foreign marriage is generally considered valid for immigration purposes if it is valid in the country where it is performed, it has been held that polygamy is a strong public policy exception to this rule. See Matter of Mujahid, 15 I. & N. Dec. 546 (BIA 1976) and Matter of H, 9 I. & N. Dec. 640 (BIA 1962).
As such, it does not appear that Beneficiary  was legally free to marry Petitioner at the time of marriage because she is still legally married to B.
Submit evidence to establish that Beneficiary was legally free to marry Petitioner.

If you can recover from this, it will be the first I have seen.  I hope you will continue to keep us updated.  We see this issue a few times a year, but we don't ever hear back. 

Edited January 12 by Crazy Cat

[Crazy Cat 41,834]

28 minutes ago, Elon said:

they will deny it on basis of her past misrepresentation.

That can probably be overcome with a waiver.....the hard part would be proving that she was never married....imho.

Edited January 12 by Crazy Cat

[Boiler 45,466]

You can not prove she was never married

 

You can not prove she lied all I can think is that you reply that she did lie, perhaps say she was advised to to get a B.

 

See if they accept that or not.

[Crazy Cat 41,834]

7 minutes ago, Boiler said:

See if they accept that or not.

If they do, a misrepresentation charge still looms, right? 

[nastra30 2,284]

28 minutes ago, Elon said:

they will deny it on basis of her past misrepresentation

They are not going to deny based on misrepresentation that's why a waiver won't come into play; that is what I speculated in a previous reply. They'll will revoke it based on ineligibity of beneficiary because she's already "married"; they'll need to see a termination document. And you can't prove she was never married. But I'm hoping you figure out a way to overcome this. Good luck and continue to keep us updated.

[Boiler 45,466]

1 minute ago, Crazy Cat said:

If they do, a misrepresentation charge still looms, right? 

I suppose there may be an argument if a waiver is needed but until you get to that point well. If they say we need evidence your first marriage was terminated you are in an endless loop.

[nastra30 2,284]

5 minutes ago, Crazy Cat said:

If they do, a misrepresentation charge still looms, right? 

A misrepresentation charge will actually help op because then there could be a possibility of a waiver. But the issue of prior marriage termination will have to be resolved.