Divorce; Withdrawal of I-130

[Nwanyioma 11]

Hello everyone!!!

Its been awhile I've been on this site. I want to ask a question on behalf of one of my friends: Here is the scenario: One of my friends came on a visiting visa August 2019; overstayed. Got married 2021 or 2022; marriage annulled 2023; got married November 2024; husband filed for divorce 12/2024;divorce finalized 2/2025. She has a protective order against her as well. What is the chance of obtaining a green card if she was to remarry (for the 3rd time) FYI: Her ex-husband sent ALOT of information along with the letter to withdraw the I-130 i.e. history of domestic violence and fraud

[nastra30 2,469]

What fraud did husband accuse her of?

The 2nd marriage lasted only one month so there must have been some serious issues. Three marriages in quick succession for someone in the country illegally can raise some eyebrows but then again quick succession marriages are not unheard of.

Edited March 14 by nastra30

[wildbug100420 218]

8 hours ago, Nwanyioma said:

Hello everyone!!!

Its been awhile I've been on this site. I want to ask a question on behalf of one of my friends: Here is the scenario: One of my friends came on a visiting visa August 2019; overstayed. Got married 2021 or 2022; marriage annulled 2023; got married November 2024; husband filed for divorce 12/2024;divorce finalized 2/2025. She has a protective order against her as well. What is the chance of obtaining a green card if she was to remarry (for the 3rd time) FYI: Her ex-husband sent ALOT of information along with the letter to withdraw the I-130 i.e. history of domestic violence and fraud

Slim to none 

[Nwanyioma 11]

@nastra30 the annulled marriage was her second ex- husband's colleague.

[Demise 1,384]

I wouldn't say that it is impossible but it'll be very hard.

 

Biggest issue would be dodging a finding of marriage fraud, or more correctly "having entered into marriage with intent of evading immigration laws" which can get her banned under INA 204(c) and that is a tough bar because there's no waivers available for it and it doesn't expire on its own. Only way around it is to disprove that finding in the course of some other subsequent visa petition which can very well end up with having to provide a lot more evidence for the legitimacy of the previous marriage(s) than for the current one.

 

So like what happened with the first one, why was that one annulled? Was an I-130 filed?

Second one, what happened there exactly? How did the ex allege fraud?

 

 

It's all a totality of circumstances. Lets say with the first one they got married, decided that they don't vibe with each other and went their separate ways and no I-130 was filed, in that case the marriage wasn't ever really even attempted to be used for immigration purposes so it'd pass the smell test. Second one could be very well be a case where a marriage doesn't need to be healthy in order to be legit and ended up being a coabusive mess.

 

Then you know, if you marry 3 different US citizens in a 5 year period then it really looks like you're just trying to get anyone with a pulse and US citizenship who can sponsor you. Now, I'm not saying that is definitely the case but that's how USCIS will look at it and it'll be on her to prove that all of those marriages were entered into in good faith and not just for a green card.

[nastra30 2,469]

50 minutes ago, Nwanyioma said:

@nastra30 the annulled marriage was her second ex- husband's colleague.

That doesn't necessarily mean fraud. Was it annulled because the court affirmed it to be fraudulent or it was something else? Seems like some kind of love triangle.

Since you know this person, in your heart of hearts do you think your friend entered into a sham marriage with any of these guys for immigration benefits?

 

In a recent case (Bouarfa v. Mayorkas) the supreme court unanimously affirmed that USCIS can revoke an approved I-130 petition at USCIS's discretion without the need for judiciary review if it suspect a sham marriage. Even though Bouarfa was in bona-fide marriage with a new USC spouse, an ex-spouse wrote to USCIS stating that he entered into their marriage just for immigration benefits (sham marriage), presumably with evidence. USCIS revoked his approved I-130 to current wife and that's where his legal trouble began. Now Bouarfa could technically file a new I-130 but it will be battle against USICS all over again.

Edited March 14 by nastra30

[Boiler 46,510]

Hacking. who is very Immigrant Friendly, would describe this as out of the the Nigerian Playbook.

 

I suppose theoretically it is not impossible.