I-751 Application Denied for "Fraud" suspicion. Need Help

[dolbdolb74 0]

Hi All,

I am in dire need of some advice here. I have been a conditional permanent resident since July 2004 through marriage. Then in May 2007 I applied to get the conditions removed. After a lenghty waiting period, I received a letter saying that my case had been transfered from TX to the VT service center. Then in Sept 2008 I was asked to go for another biometrics session, even though I had already taken one back in 2007. Finally I was invited for an interview on Dec 2008. I went with my wife and we got separated for the interview. My wife was interviewed first and then me.

Later I received a letter saying that my I751 application has been denied because of "fraudulent marriage". The reason this is bizzare to me is that my marriage was entered into with good faith. The following is a short background to my case:

While waiting for approval of my I-485 application, I applied to 3 diffrent grad schools (2 of them were in-state and one was out of state). Sadly, it was only the out-of state school that granted me admission. I had no choice than to accept the offer from the out-of state school. As a result I "moved" out for school. I made sure to visite home as often as I could, and my wife visited me when she could too. I finished school in May 2007, but unfortuantely again, I couldn't get a job in my original state so I accepted a position in another state - a 3rd state. Since then, my wife and I have been planning to have her move to join me. That has not been possible for a number of reasons, two of which are my two step daughters and my sick mother-in-law. In the meantime though, I visit home regularly.

During this time, my wife has had to spend a lot of time at her mom's residence and less at our own, especially when her mom's health situation worsened. As a result she, has had to receive some mails and even have her paycheck sent to her mom's address. I believe this is what the Immigration Services noted and suspected that my marriage is not genuine. I am sure that the fact that I have'nt "lived" continuously at our address for a while made things worse. The denial letter suggests so. It also refers some minor discrepancies between what my wife told the immigration officer and what I told him during the interview. For instance, my wife told him that since I couldn't be home for her birthday, I sent her some money to buy herself something in addition to the card that I mailed her. But I, on the other hand, told him that I only sent her a card for her birthday. I didn't mention the money part because quite honestly I forgot that I told my wife to use it to get herself some b'day present... Even though I sent her the money the day before her b'day, I don't recall that my intention for sending the money was solely for her birthday. Another discrepancy was about the date that I flew into town for the interview. I don't know what I was thinking when I answered that question, but I said it was the 28th and she said it was 25th (she's correct and I have the airline boarding pass to prove it).

My case is not one of those were the spouse claims fraud and seeks divorce before the I751 is approved. We both like each other and she's standing by me.

Is it normal for an immigration officer to classify a marriage fraudulent under such circumstances?

What is the best way to handle a case like this?

I am planning to obtain the services of an attorney and my wife is currently talking to some friends for their recomendations for good attorneys.

I the meantime, I'm looking to get some help from this forum. Has anyone had such an experience?

Thanks

dolbdolb

[Dakine 26]

What country are you from?

[dolbdolb74 0]

What country are you from?

Hmmm... does the country of origin make a difference now? That would be interesting!!!

[LorriQ 0]

My case is not one of those were the spouse claims fraud and seeks divorce before the I751 is approved. We both like each other and she's standing by me.

That statement along with not residing together would raise my eyebrows too. Shouldn't the word love come into play here?

[Dakine 26]

What country are you from?

Hmmm... does the country of origin make a difference now? That would be interesting!!!

Sure does as countries such as Nigeria have a high rate of fraud and no doubt relationships are scrutinized closer than others. Especially if the relationship involves an older female petitioner with a younger man.

[dolbdolb74 0]

My case is not one of those were the spouse claims fraud and seeks divorce before the I751 is approved. We both like each other and she's standing by me.

That statement along with not residing together would raise my eyebrows too. Shouldn't the word love come into play here?

Well, of course we love each other (sure after 5yrs of marriage)...but I didn't think it was necessary to put that stuff up on this forum. You think?

[antda 13]

Hi Dolbdolb74,

Sorry that this had to happen to you and your family. I hope that you can get this resolved, especially with the help of a good immigration lawyer at this point.

Unfortulately, the immigration officials are pre-judging in cases, without knowing the truth of the matter other than looking at the surface of what is in front of them. And as soon as they saw that you were both living apart, and had fewer "joint evidence" together because of this living situation, they were quick to suspect that it was a fraud case here, even though it's most likely not.

Well, you can't turn back time and ask them to interview you again. However, you can ask them to re-open your file and reconsider your case. In the meantime, gather as much paperwork as you can to prove your case when you do appeal it. For example: proof of all correspondences between you and your wife while you lived apart (letters, e-mails, phone bills, sending of paycheques, gifts, etc.), proof that you had any joint paperwork (bills, mail, cards, junk mail, etc.) together, proof that you had to study and work out of state as there were no other schools and job offers available in-state, proof of your mother in law's medical condition, proof of your step children's living condition, and anything else you can think of that can contribute to your case, etc.

Hope this helps. Good luck with the rest of your difficult mmigration situation too.

Ant (Still waiting at the VSC...)

P.S. I don't think that the OP's country of origin has to do with their denial. Rather, it's more so of their living situation that the USCIS is questioning here...

Hi All,

I am in dire need of some advice here. I have been a conditional permanent resident since July 2004 through marriage. Then in May 2007 I applied to get the conditions removed. After a lenghty waiting period, I received a letter saying that my case had been transfered from TX to the VT service center. Then in Sept 2008 I was asked to go for another biometrics session, even though I had already taken one back in 2007. Finally I was invited for an interview on Dec 2008. I went with my wife and we got separated for the interview. My wife was interviewed first and then me.

Later I received a letter saying that my I751 application has been denied because of "fraudulent marriage". The reason this is bizzare to me is that my marriage was entered into with good faith. The following is a short background to my case:

While waiting for approval of my I-485 application, I applied to 3 diffrent grad schools (2 of them were in-state and one was out of state). Sadly, it was only the out-of state school that granted me admission. I had no choice than to accept the offer from the out-of state school. As a result I "moved" out for school. I made sure to visite home as often as I could, and my wife visited me when she could too. I finished school in May 2007, but unfortuantely again, I couldn't get a job in my original state so I accepted a position in another state - a 3rd state. Since then, my wife and I have been planning to have her move to join me. That has not been possible for a number of reasons, two of which are my two step daughters and my sick mother-in-law. In the meantime though, I visit home regularly.

During this time, my wife has had to spend a lot of time at her mom's residence and less at our own, especially when her mom's health situation worsened. As a result she, has had to receive some mails and even have her paycheck sent to her mom's address. I believe this is what the Immigration Services noted and suspected that my marriage is not genuine. I am sure that the fact that I have'nt "lived" continuously at our address for a while made things worse. The denial letter suggests so. It also refers some minor discrepancies between what my wife told the immigration officer and what I told him during the interview. For instance, my wife told him that since I couldn't be home for her birthday, I sent her some money to buy herself something in addition to the card that I mailed her. But I, on the other hand, told him that I only sent her a card for her birthday. I didn't mention the money part because quite honestly I forgot that I told my wife to use it to get herself some b'day present... Even though I sent her the money the day before her b'day, I don't recall that my intention for sending the money was solely for her birthday. Another discrepancy was about the date that I flew into town for the interview. I don't know what I was thinking when I answered that question, but I said it was the 28th and she said it was 25th (she's correct and I have the airline boarding pass to prove it).

My case is not one of those were the spouse claims fraud and seeks divorce before the I751 is approved. We both like each other and she's standing by me.

Is it normal for an immigration officer to classify a marriage fraudulent under such circumstances?

What is the best way to handle a case like this?

I am planning to obtain the services of an attorney and my wife is currently talking to some friends for their recomendations for good attorneys.

I the meantime, I'm looking to get some help from this forum. Has anyone had such an experience?

Thanks

dolbdolb

Edited January 4, 2009 by AntandD

[Old Dominion 26]

What country is she from? It does make a difference -- so many countries are known for people who commit fraud to get into the U.S. and get their green card by using marriage as the reason.

[LorriQ 0]

My case is not one of those were the spouse claims fraud and seeks divorce before the I751 is approved. We both like each other and she's standing by me.

That statement along with not residing together would raise my eyebrows too. Shouldn't the word love come into play here?

Well, of course we love each other (sure after 5yrs of marriage)...but I didn't think it was necessary to put that stuff up on this forum. You think?

Wasn't looking for a ballad, just noticing the ommission. And we all know how hard long distance relationships are on couples. I think the lawyer is going to be your best bet.

Seems like the interviewer didn't consider the family situation.

[Dakine 26]

What country are you from?

Hmmm... does the country of origin make a difference now? That would be interesting!!!

It appears they were suspicious of fraud as they for one interviewed you and separated you guys for questioning. Not normal for removing conditions. How much evidence did you submit?

Joint utility bills, accounts, car insurance and registration, life insurance policies and other proof of a ongoing marraige.

From what you've posted so far it doesn't look good to me either! Just me tho!

Get a lawyer and your senator working on it ASAP!

Edited January 4, 2009 by Haole

[Lovesponge 0]

I would suspect you too if you told me that you and your wife LIKE each other, but thats just me.

I would suggest you get a lawyer

[damulag 26]

Are the dates in your post correct, if you were a conditional resident in July 2004 you should have applied to remove conditions in 2006 not 2007, are you sure this is not affecting the process?

[Otto 83]

Evidence Submitted (Posted by OP in another immigration forum):

"I submitted the following as evidence:

Statements from closed Joint bank account

Life insurance

lease documents

some utility bill

pictures

The bank account i submitted was closed due to some problems"

[Fe1234 0]

I just notice u submitted as proof life insurance but you did not put any health insurance as evidence. Well anyways, I guess the best way really is to hire a lawyer have them reopen your case. But just a tip, if you love your wife then use the love instead of like. it may not seem important but yes it is important. like and love are two different words.

[dolbdolb74 0]

Are the dates in your post correct, if you were a conditional resident in July 2004 you should have applied to remove conditions in 2006 not 2007, are you sure this is not affecting the process?

I'm not sure. But May2007 is within 90days of the three years from when I was given the conditional GC (which is July 2004)