Orchid47

I’ve read through both denials/NOID he has on hand and there hasn’t been any mention of a marriage in Nigeria… We have 99 problems but, so far, that’s not one of them. 🥲

At this point, I have very little option but to remain calm. Panicking changes absolutely nothing about our current situation, and I don’t want to put myself or baby at risk by going into a panic. Yes, I am committed to my marriage and my husband until he gives me reason not to be. We are doing our best to make lemonade with baskets full of lemons. If America is not meant to be our permanent home, I am okay with that. We will make a life for ourselves elsewhere, if necessary.

Yes, they filed both applications concurrently and both the I-130 and I-485 were denied on 05/21/2021. It looks like the ex-wife applied for public benefits using another address (maybe a parent or relative) and listed herself as “single” in order to qualify for said benefit. The address she used was nowhere to be found in the documentation she submitted to USCIS. The W-4 they obtained from her workplace had the same address (parent or relative) and her marital status listed as “single” even though they were legally married at that time. Her ex/children’s father reported a car stolen (registered in her name) and he provided yet another address for her residence, which had never been mentioned anywhere in her address history. Their lease was another issue, as it had been edited (a different phone number for herself and an additional occupant) — lease they provided didn’t match leasing agent’s. It was also mentioned that some of their answers during the interview were inconsistent. Example: ex-wife had five tattoos and they gave different descriptions of what was written on them. USCIS issued a NOID on 11/13/2020 and gave them 33 days, but they did not respond in time; there, the first I-130 was considered abandoned and denied. On 08/23/2021, his former wife filed the second I-130 application. They were interviewed again on 05/12/2022 and received an NOID on 06/07/2022 stating, “A petitioner must establish eligibility at the time of filing a petition; a petition cannot be approved at a future date after the petitioner becomes eligible under a new set of facts.” It goes on to state they have 33 days to respond. This is the point at which they finally hired a lawyer. The lawyer responded to the NOID on 06/30/2022 — at least that’s what I see on the letterhead. My husband told me the file did not get sent out by the lawyer within the timeframe, and I am guessing that was the reason for the second denial of I-130 (I don’t have a copy for date or actual reason given). But that second denial led to them to appeal by EOIR-29 on 05/01/2023. In his defense, my husband does not pay close attention to details and does not take life too seriously. His main focus is usually work, education, paying bills and anything food related. He told me himself that he has never been concerned about his grades, just passing. I think he also trusts other people too easily without considering their motives. Lastly, English is his third language and I am correcting him all the time. He will tell me that he has been fasting all day. Then, in the same breath, he will thank me for preparing something that he ate earlier that same day. I tell him it can’t possibly be both, either he ate or has been fasting all day. I feel like, for these reasons alone, he is almost doomed to fail an interview. I told him, unless he wants to be deported, he had better start paying attention and actually think about what he is going to say before just saying something. He is a really good guy — very consistent, dependable and hardworking — just a bit simple. When I looked over all of the documents they had previously submitted in order for me to complete a new application for I-130 and I-485, I immediately found issues. In the place where the form asked five years of address history and to use additional sheets, they did not do that (less than five years provided). Date of last physical address outside of the US is obviously wrong (maybe transposed). The start dates for employment outside of the US were different, even though they appeared on the exact same page (typed the info twice with two different dates). Even for parent’s place of birth and current residence the city was typed in all fields instead of typing the country where it belonged. It was also noted on a NOID/denial that the petitioner failed to even include a copy of the beneficiary’s driver’s license with its appropriate form. It is frustrating for me to see so many little mistakes, where they clearly didn’t follow directions, at first glance — and he never caught them until I pointed them out. This is definitely an uphill battle, but I have no reason to suspect anything criminal or another wife abroad. There was never any mention at any point in the documentation questioning the validity of his legal marriage here in the US, just a lack of evidence and some inconsistencies that caused suspicion of bona fide marriage. We are of the same religion and I am aware of how polygyny is practiced in Nigeria, so I know some of the signs to look out for. I am confident that this is not an issue in his case.

Thanks for your feedback. We are planning on submitting his application sometime within the next two weeks. Yes, it seems that we are just buying time as we save up for legal fees and prepare for the inevitable.

Hello everyone! I am in the process of filing Adjustment of Status for my husband, who I met locally in May of 2023. We dated nine months prior to getting married in February of this year. While we were dating, I learned that he had only recently separated from his wife of almost 7 years. To reassure me that they were in the process of getting a divorce and nothing funny was going on, he introduced me to her. She confirmed that they had grown apart and were no longer living together. Since it seemed they were on good terms and she had nothing bad to say about his character, I proceeded with the relationship. My husband did explain to me that he was not a green card holder and had only received an EAD, which he had been renewing annually. Apparently, his initial request for AOS through his previous marriage was denied due to insufficient evidence to prove a bona fide marriage and his case was just sitting in appeals. To date, his ex-wife has not contacted USCIS to withdraw her petition. We are expecting our first child together next month and wishing to put his immigration issues behind us. Any advice on how to proceed? Timeline of events: 09/19/2016 - Legally entered US on B2 visa 02/13/2017 - Married former USC wife 10/31/2017 - First I-485 application 03/15/2019 - First interview 09/12/2019 - Second interview 05/21/2021 - USCIS denied I-130 08/23/2021 - Second I-485 application 05/12/2022 - Another interview ??/??/2023 - Second denial 05/01/2023 - Appeal by EOIR-29 05/21/2023 - We met 05/31/2023 - Moved out of marital home 12/27/2023 - Divorce finalized 02/16/2024 - We married Thank you all in advance.