I-751 Denied

[Drogs 24]

First off your lawyer should have identified this area, if his secetary can tell you this, maybe she should have handled your case.

Ok now step back from being the disgruntled Husband and look at it from a Neutral/USCIS point of view.

Your Wife is sending all her earnings back home, $18,000+ and i do believe that is a lot of money changed into PHP and goes further than just a little family support. It is possible they see it as your Wife just being here to work and support her family back home, maybe they think Her Family are banking the money for your Wife.

Work on your appeal, you need to have question and answer sessions with your wife, Color Toothbrushes, Side of Bed slept on, Birth Dates ect.

I am not saying she should not send Her money home, just change how its done may help.

Good Luck

[No-Where-Man 147]

Even though that I might agree, but with no mean they can take this as a background for denial, didnt see it anywhere in law

the worest case scenario she will stand by an immigration judge if they denied his appeal who in most cases will approve the petition as long as no fraud is proven

get a lawyer, make your appeal, dont be frustrated and everything is gonna be alright

Good luck

First off your lawyer should have identified this area, if his secetary can tell you this, maybe she should have handled your case.

Ok now step back from being the disgruntled Husband and look at it from a Neutral/USCIS point of view.

Your Wife is sending all her earnings back home, $18,000+ and i do believe that is a lot of money changed into PHP and goes further than just a little family support. It is possible they see it as your Wife just being here to work and support her family back home, maybe they think Her Family are banking the money for your Wife.

Work on your appeal, you need to have question and answer sessions with your wife, Color Toothbrushes, Side of Bed slept on, Birth Dates ect.

I am not saying she should not send Her money home, just change how its done may help.

Good Luck

Edited August 4, 2011 by no_where_man

[Brother Hesekiel 2,235]

If a new family is founded by intermingling the lives of two people who get married, they leave the old family, like birds leave the nest.

Intermingling of finances means that husband and wife work toward a common goal of the family. Their family, not a family in the Philippines. Thus, I can understand if an Immigration Officer who is taking a close look at this would evaluate this unfavorably. But there's more to this than we know. We don't know the whole story, we haven't seen the list of documents, we were not present at the interview.

At this point it's really time for plan B.

[flash2 6]

Hello everyone I am needing help and don't know what my options are. Forgive me if I don't make alot of sense. I have been awake all night with worry. I recieved a letter yesturday saying that my wife Nicole's I751 application has been denied because of fraudulent marriage. This is all weird to me cause our marriage was entered into with good faith.

I had a friend tell me that they might be basing thier decision on my wife Nicole's salary she sends to her family back in Lake Taal Philippines. He said that probably in eye's of the person that did the interview they don't think we have a bona fied marriage, since Nicole is sending all her salary back home. My friend said for a bona fied marriage both husband and wife needs to show they are helping each other in paying bills, having the husband shoulder all the responsiblities is not a good wife. Ever since Nicole heard what my friend said she has locked herself up in our spare bedroom crying. I've tried everything to get her to talk to me and let me in. All I hear is Nicole praying to god for help, forgiveness if she did anyting wrong, and that she loves her bana. I just don't know what to do!!!

First off let me say sorry to those who I am about to offend in what I'm going to say here. Your first mistake Scott was marrying someone from the Philippines who clearly doesn't care about helping out the husband in working for their future. Your wife is only with you to help "HER FAMILY OUT" and not to help her new family "YOU AND HER". Sure she'll do everything to make it look like she really their to be with you (cook, clean, bend over back wards to do little things you like), but in the end she is only with you to help her family. I am sure if you end up broke she would leave your #### and find someone else that could continue to support only "HER FAMILY". I can see sending 1 or maybe be 2 (would have to be damn important) pay checks a month. But her entire salary for two years is outrageous and stupid on both yours and hers part.

[flash2 6]

As far as your friends comment that it does not show a good wife because the husband shoulders al the responsibility what BS. I don't work as I choose not too and don't have to and my husband supports me and our household. So I would be very disappointed if they tried to deny me but then I am older . Not that I have not contributed financially to this marriage as I have. I would maybe agree that because she does send all her income back home it could be seen as a red flag and a fraudulent marriage. Surely someone else will know but you can appeal. Wish you luck

But is your husband supporting your entire family back in your home country? I agree it might be based on age.

[flash2 6]

You will have to appeal it. The letter should indicate what you need to do.

This is from the USCIS site:

[/left]

You probably didn't show enough evidence that your life together is mingled (shared bills/money) - you will need to get stronger evidence - perhaps even some affidavits from people.

Tell your wife to stop praying and start helping you get the appeal going - do it now, don't delay.

Depending on your circumstances:

USCIS I-694 Appeal Form and instructions.

USCIS -290 Appeal / Motion Form and instructions

this is the chart for the use of 290 (depending on if your filing an appeal or a motion)

Motion / Appeal Eligibility Chart For Using I-290B

I would most definitely get with a lawyer - a mistake here will result in deportation.

His wife crying in the bedroom I am sure is all an act to get her husband to feel sympathy.

[flash2 6]

I am sorry to hear what is happening to you. Me and my wife are wondering if they give more detail on the letter why of the denial? I am wondering if this is just a recent change to the lifting of conditons. I have tried to search for anything similar to the situation and am not able to find anything. My wife has two years before we need to start on her lifting of conditions. I am new to this part and wanting to know as much as I can to help us prepare for it comes time for Grace's lifting of conditions. If you can't get it the denial appealed what will happen? Surely they will let you have another chance at appealing it?

You have come to a great place timgrace Kohler. All the information you need to help with the lifiting of conditions can all be found here. I hope your wife from the Philippines isn't as bad Scott's wife is.

[flash2 6]

Maybe when you admitted how much she is sending home, that it kept you from meeting the income requirements?

Their are no income requirments during the removal of conditions. If their was my wife wouldn't have passed lol.

[Barbara J 115]

No Flash is he supporting just the 2 of us and I hate to admit it but I agree with you. But that's for another discussion privately. This person is being used big time.

[flash2 6]

I think immigration is getting alot of pressure because of the Debt Limit/Deficit Reduction going on in congress. To make sure to look for anything that might potentially cause someone to become a public charge. I would really like to see what was said in the notice. Hope you can post that soon.

You may have something their timgrace Kohler. With out countries dedt crissis and the stock market crash of 500+ points yesturday will more than likely make alot government agencies look very hard at making sure they don't have to spend much money. Especially in immigration to make sure the person doesn't become a public charge or a burden on us tax payrers. I do agree the age of the couple comes into play. Most women from the Philippines marry older guys who are on social security and pension's checks. A younger couple who has no social security or pension's who has to work everyday will need money more.

[timgrace Kohler 0]

When you send in the I-751 do they do a background check on your entire life? Like crimanal records, places we have traveled to, thoroughly check into our finanical life (credit reports, verry bank records and look at where the money goes, credit cards)to verify that theirs nothing that could be bad?

[milimelo 4,193]

When you send in the I-751 do they do a background check on your entire life? Like crimanal records, places we have traveled to, thoroughly check into our finanical life (credit reports, verry bank records and look at where the money goes, credit cards)to verify that theirs nothing that could be bad?

Not sure about finances, but can tell you that in each stage (AOS, consular, removing conditions and naturalization) they do background checks with all available agencies - FBI included.

[DaveE111 10]

First off let me say sorry to those who I am about to offend in what I'm going to say here. Your first mistake Scott was marrying someone from the Philippines who clearly doesn't care about helping out the husband in working for their future. Your wife is only with you to help "HER FAMILY OUT" and not to help her new family "YOU AND HER". Sure she'll do everything to make it look like she really their to be with you (cook, clean, bend over back wards to do little things you like), but in the end she is only with you to help her family. I am sure if you end up broke she would leave your #### and find someone else that could continue to support only "HER FAMILY". I can see sending 1 or maybe be 2 (would have to be damn important) pay checks a month. But her entire salary for two years is outrageous and stupid on both yours and hers part.

This is probably the most insensitive VJ post I have ever seen. It is none of the governments business how they spend their money. IF my wife worked outside the home (and she doesn't), she could send whatever she wants back to the Philippines. When you marry a filipina, it is no longer HER FAMILY, it is YOUR FAMILY. Anyone who married a filipina better understand their responsibilities to their extended family. No, not eveyone sends money home, but if her husband has no problem with her sending her entire paycheck back home, the government damn sure shouldn't be involved. We are good friends with a filipno american couple who have lived here in excess of 30 years. They have two daughters and one son, all college graduates and now parents. The lady, worked almost all of that time for the US Government and sent virtually 100% of that salary home to her family. They are now retired and have a nice place in Florida, and she still sends money home. She is one of the best mother's I have ever seen, and totally devoted to her family, YET, by your standards, she is a gold digger. I personally didn't marry a filipina to turn her into a western, (everything is mine type of person). Heck, this was even briefed to me by the US Embassy personnel in Manila when I got my Legal Capacity to Marry document. The lady asked me if I knew that I was actually getting an extended family with unspoken responsibilities to them. Never used that document as we went K1 instead, but the message stuck with me.

[fazmo 24]

I can understand why the IO saw a big red flag in sending one's entire salary to other people - especially when they are married. I myself come from a background where the support for extended family is highly expected, but sending the entire salary is quite strange to me. This case is not about what is right or wrong. It is not even what is legal or not. It is about whether the judgment of the IO is justifiable among the average person. I would say that IS the case. Sending the entire salary (while fulfilling marriage obligations is expected) screams like someone who doesn't want to establish life here in the US, someone who is completely detached from her married life and attached to home country. It screams that, load and clear. Now in terms of right/wrong, that would depend on the individual affected couple. If the OP is ok with supporting his wife in working for her family to the penny, that is entirely up to him and certainly not anyone's business. When it comes to legal battle, USCIS will have to prove the marriage is in fact not bona fide against all contest. The OP and his wife will likely win in court, given they have and provide enough evidence to show they are happily married. However, the IO officer, in my opinion, used a sound judgement in denying the application because the wife would seem to be detached from her marital household to the average person - even to those of us who were raised to support the extended family.

[DaveE111 10]

Point well taken. What I don't understand is how the USCIS person even knew she was sending money home. That is not the kind of question normally asked. If I was asked how I spend my money, I would politely tell them that it is not their concern. I hope the OP comes back and tells us exactly what the refusal was for.