Notice of intent to deny I-485

[Almdin 0]

to begin with in 2021. I had participated in a religious ceremony called cat with by now husband and we had done it for religious reasons in order to be seen together publicly in 2022. I had filed for a K-1 Visa for him genuinely believing that we were qualified for it since our religious document was not registered in his home country 2023 he got his Visa accepted and we came to the US in 2024 With the intention of marrying within 90 days, I had made an appointment to the county to get a marriage license and we consulted a religious efficient in order to complete our marriage When we saw the religious efficient and we showed him the document that we had done in 2021 he informed us that this document was in fact legally binding marriage under Islamic law and also could be considered legally binding marriage within the US. At this point we were shocked but because I wanted to comply with USCIS I tried getting our document registered within our home country to receive an official marriage certificate as we only had a license it was delayed because of the situation going on in his home country so I submitted our only document that we had available with an I 458 fast forward until now we receive a notice of intent to deny with USCIS claiming that we had committed misrepresentation and fraud because our document shows that we were married before he received his K1 visa and that he came here in order to gain immigration benefit which is clearly not true I completely understand why USCIS would see it that way and I also want to just say that I was 18 years old when I applied for the K1 Visa with no legal help. I had spoken with a immigration attorney and they had advised me that the best thing to do is to respond with them with my story exactly how it is with any evidence like evidence that I made an appointment and re-file with a spousal petition and a new i-485 before we actually receive an official denial. I want to know if anyone has ever re-filed before receiving an actual denial and if this is true??please help!

[Crazy Cat 43,352]

Question to clarify:  After entering via a K-1, you never married inside the US before filing the I-485.  Is that correct?

Edited April 19 by Crazy Cat

[Almdin 0]

No I did not but I tried to and I have appointment proof but once the religious officiant said our document is considered legally binding I cancelled the appointment because in order to obtain a marriage license you have to put not married which in our case I didn’t want to lie but since our document was a valid marriage I wanted to get it registered in our home country and submit it with the I-485 within 90 days

[Crazy Cat 43,352]

7 minutes ago, Almdin said:

No I did not but I tried to and I have appointment proof but once the religious officiant said our document is considered legally binding I cancelled the appointment because in order to obtain a marriage license you have to put not married which in our case I didn’t want to lie but since our document was a valid marriage I wanted to get it registered in our home country and submit it with the I-485 within 90 days

I'm not sure refiling the I-485 is going to cure the misrep.  I would find a very, very good immigration attorney.  The foreign spouse could be headed to removal proceedings. 

[Almdin 0]

 spoke with multiple immigration attorneys and they said the same thing to just respond and refile but with a I-130 petition and new I-485 since we have a valid marriage and to do it before he gets an official denial. So I wanted to see if anyone has refiled before they got an official denial

[Crazy Cat 43,352]

3 minutes ago, Almdin said:

refile but with a I-130 petition and new I-485 since we have a valid marriage and to do it before he gets an official denial.

and they think that will cure the misrep?  I'm not sure how that cures the misrep.  You might need a waiver.

Edited April 19 by Crazy Cat

[agrabs 251]

i don't see how refiling the 1-130 and I-485  addresses the misrepresentation and fraud stated by USCIS.  Agree with crazy cat - This isn't DYI . 

[Almdin 0]

 Apparently the attorney said to just respond with exactly what happened and then refile and if they deny then with the marriage petition or at the interview I would need to use a fraud waiver

[Almdin 0]

Also I understand the I-485 is going to be denied no matter what because even without being accused of committing fraud we still didn’t meet the requirements which is marry within 90 days in the us so reapplying is like showing we’re trying to correct the issue and moving forward the correct way and in the response to the NOID I’m showing evidence that we made an appointment to get a marriage done here

[OldUser 8,807]

6 minutes ago, Almdin said:

I’m showing evidence that we made an appointment to get a marriage done here

Hmmm, but USCIS stance is you were already legally married.

 

Can a good independent lawyer back in your country research and determine you were not legally married? Then you can use this lawyer's statement and supporting evidence you didn't violate anything.

 

That would be my suggestion.

[Almdin 0]

I don’t think so since our marriage was done in a religious context but this type of process is very common for Muslims. But my marriage certificate does show it was registered after my husband came into the US the issue is the marriage certificate says the marriage was in 2021 which was when we had the ceremony. But in my response I’m stating all of this and including that we understand the k1 process was not the appropriate route due to our circumstances and we are in the process of submitting spousal petition so honestly it’s all luck from now 

[OldUser 8,807]

15 minutes ago, Almdin said:

I don’t think so since our marriage was done in a religious context but this type of process is very common for Muslims. But my marriage certificate does show it was registered after my husband came into the US the issue is the marriage certificate says the marriage was in 2021 which was when we had the ceremony. But in my response I’m stating all of this and including that we understand the k1 process was not the appropriate route due to our circumstances and we are in the process of submitting spousal petition so honestly it’s all luck from now 

Most likely then, you'll have to overcome misrep.

[JeanneAdil 6,864]

Document you speak of was signed by both of u before an religious efficient ( IMAM) or county clerk or judge?

If so, you signed and were married 

Not registering the document does not mean u were not married

did you present this document to immigration with English translation?

If so, CO should have told you "too married for K1"

I was married in Islam to Muslim and signed in clerk court / that is all that is needed to be legal marriage

 

signing a document in many religions is the marriage document -no wedding ceremony 

there are day(s) of celebration after to celebrate the marriage 

 

your husband would have known this and informed u to apply for spouse visa

[Lemonslice 5,101]

 

https://www.visajourney.com/timeline/profile.php?id=487646

[Coco8 1,049]

 

It seems to me that the advice you are getting is from people giving you advice on the phone and not really representing you. 

 

I don't think claiming ignorance, even if true, works for getting out of misrepresentation and fraud. Particularly in this administration. I wouldn't trust any advice you are being given by someone who is not representing you or has not 'won' cases involving misrepresentation or has knowledge of muslim customs. 

 

The only idea I have is to try to find some professors of law in your country or in the US (who know about muslim law?) who can write about how this paperwork or ceremony is not viewed as marriage in your country. Maybe trying to explain it is a gray area works. Then you could have this religious officiant say he thinks the paperwork counts as marriage, but if you could find another who thinks it doesn't (not sure this is possible), then that could help you. 

 

I honestly don't understand all of these customs, but I don't think saying "We thought doing this ceremony was not marriage, but when I realized we were married, instead of leaving and doing a marriage visa, I tried to fix it retroactively" is enough. Plus, it's been like 2 years since he came to the US on a K1 and you never married. If you truly thought it was not an official marriage, you could have asked another religious officiant or just marry in the court house. 

 

Edited April 20 by Coco8