Will USCIS see my parents' marriage as fake marriage?

[sdh0601 1]

Hi,

 

this is the story.

 

I and my father came to US in July 2013 as my father took a leave from his company in S. Korea for which he has been working over 30 years to attend a graduate school in the US as F-1 holder (I was F-2 holder).

 

In 2015, my father met and married my stepmother, and received his conditional green card on July 2016 (vaild until July 2018).

 

Because he took a leave from his work for only 3 years, he had to go back to S. Korea to resume work in July 2016.

 

Coincidentally, he went back to S.Korea right after he received his green card.

 

Since then, he supported us by sending money from S.Korea to US every month (every $2000) through wire transfer and contacted his wife every day through Facetime.

 

Now is the time to apply I-751, we have until July 2018 to apply.

 

The biggest problem is that he lived apart from my stepmother for almost whole 2 years. (I am still living with my stepmother, but he has been working in S.Korea for 2 years now with the Permission to Re-entry document.)

 

They visited 3 times during the 2 years, and we have a lot of photographs with each other's family, vacation, etc.

 

He will take another leave from his work to come back to US to live with us until he receives his 10-year GC, and he will retire from his work in 2021 when he reaches 60 years and after that he will live in US with us.

 

We have collected every single evidence we could, but we definitely lack as he has been out of the country.

 

The evidences are :

- Joint tax filing receipt for 2 years (2016-2017 and 2017-2018)

- Joint back account statement with him sending money from S.Korea every month

- Utility statement with both names

- Lease Agreement for an apartment with both names

- Travel Itinerary (flight, hotel, etc)

- Lots of photos with family, friend, vacation in S.Korea, USA, etc)

- Copy of Facetime dates for 2 years

 

 

Any advice will help very much.

[Going through 5,668]

Is it possible to be approved in your parents' situation?  Yes.

Is it possible to be denied in your parents' situation?  Yes.

 

Trick is proving that they lived in marital union over the past 2 years----it's normal for couples to be separated temporarily due to finances, etc.  What will cause extra scrutiny, is that he left as soon as the conditional GC was approved (literally the same month it was approved), and then resided out of the country for the entire 2 years....and then as soon as the ROC is approved, he plans on leaving immediately and residing outside of the US again.

 

In your favor, you have the tax returns and other evidence to show he has been financially supporting the family whilst outside of the US.

Not in your favor is the amount of time he has been permanently residing and working outside of the US---I understand he is close to retirement which is probably why he didn't want to leave his employment----which is not what the GC is for.  Except extra scrutiny for the ROC due to this.

 

Best of luck.

[fdhs 8]

7 minutes ago, Going through said:

Not in your favor is the amount of time he has been permanently residing and working outside of the US---I understand he is close to retirement which is probably why he didn't want to leave his employment----which is not what the GC is for.  Except extra scrutiny for the ROC due to this.

 

Yes, this-also: since a reentry permit is (normally) valid for only two years, make sure he is back in the US before it runs out! 

[ApplyingforN400 126]

25 minutes ago, Going through said:

Is it possible to be approved in your parents' situation?  Yes.

Is it possible to be denied in your parents' situation?  Yes.

 

Trick is proving that they lived in marital union over the past 2 years----it's normal for couples to be separated temporarily due to finances, etc.  What will cause extra scrutiny, is that he left as soon as the conditional GC was approved (literally the same month it was approved), and then resided out of the country for the entire 2 years....and then as soon as the ROC is approved, he plans on leaving immediately and residing outside of the US again.

 

In your favor, you have the tax returns and other evidence to show he has been financially supporting the family whilst outside of the US.

Not in your favor is the amount of time he has been permanently residing and working outside of the US---I understand he is close to retirement which is probably why he didn't want to leave his employment----which is not what the GC is for.  Except extra scrutiny for the ROC due to this.

 

Best of luck.

I wonder what USCIS considers supporting family vs paying the stepmom for the service she offered. 

 

NOT saying its the case here. Just wondering how the determination between the two is made. 

[sdh0601 1]

I understand the point that USCIS might consider sending money every month to financially support family differently.

 

Since I'm living with her, she has been paying for my expenses (phone, car, insurance, etc).

 

And he will come back before the permit to reenter expires.

 

Thank you for replies to all

[Going through 5,668]

1 hour ago, ApplyingforN400 said:

I wonder what USCIS considers supporting family vs paying the stepmom for the service she offered. 

 

NOT saying its the case here. Just wondering how the determination between the two is made. 

I would guess based on the additional evidence provided along with any bank account transfers/cheques sent.

 

In the OP's case, the father also has his name listed on the lease, utility bills, joint bank account, tax returns, etc. which would go towards showing a marital union instead of just generic money transfers standing on their own.

[Ash.1101 1,755]

2 hours ago, Going through said:

I would guess based on the additional evidence provided along with any bank account transfers/cheques sent.

 

In the OP's case, the father also has his name listed on the lease, utility bills, joint bank account, tax returns, etc. which would go towards showing a marital union instead of just generic money transfers standing on their own.

They could also take all that as he did that so his child could live in the US.

Even as an adult, when my dad took care of my daughter and myself prior to my husband coming here, my dad had a lease in his name, he had utilities in his name, and he sent me money to pay bills and for anything else I'd need. It could be seen as a parent doing what is needed for the kid.

I could still see it as services provided. Hopefully they don't tho, and don't delve into it too hard.

Edited June 4, 2018 by Ash.1101

[sharin 41]

You guys need Professional Attorney / Advisor - not forum. Case is already complicated due to fact that he left country after receiving conditional GC - although he had valid reason but portraying in front of USCIS in legal way and Immigration is something you don't want to take chances with. Attorney will charge $1-2K but it'll be worth spending money when you're already aware it is not straight-forward case and when you guys need quick advice to sleep peacefully at night. 

[geowrian 22,335]

First, did he obtain a re-entry permit prior to leaving the US? I know you said "permit" above, but I just want to be sure it was a re-entry permit (obtained via an approved I-131) and you aren't mistakenly referring to his green card. The green card itself is valid for 2 years, but staying outside the country for 1 year or longer has a legal presumption of abandoning residency unless a re-entry permit was obtained.

Edit: Ignore the above...I overlooked the "Permission to Re-entry document"...I'm assuming this is the re-entry permit.

 

Second, if he is living and working abroad without an intention to live in the US, they could determine that he abandoned residency even with a re-entry permit. The CBP officer makes this determination at POE, and could either just admit him or parole him and refer the case to an immigration judge to make a final determination.

Given his ties to the US, I doubt this would be an issue, but it's not imp[ossible either. Just be sure to relay it to an attorney, if you seek one.

Edited June 4, 2018 by geowrian