I need serious help. 1st marriage of hubby called marriage fraud

[shemarienp 0]

I am new to the forum. My husband is a Pakistani immigrant. He's been here since 1997 and originally had an F1 visa. When he stopped studying, he did not return to Pakistan.

In 2002, he married a citizen. He states that soon after the marriage, she started using drugs, disappearing for days and weeks at a time. He would go to her mom's house to find her, and her mom would say that she had always been like this. He started getting letters from grocery stores about bad checks. In 2003, he filed for divorce, because he didn't want to be associated with her criminal activities. He states they separated in September 2003, because they were fighting a lot. He filed for divorce prior to the determination of his adjustment of status request.

Apparently, his ex-wife told the local police and FBI that it was a fraud marriage. She provided no physical evidence; it's only her word. She lied. My husband possesses far too detailed a level of knowledge about the marriage for it to have been false as she says it was. This person is a felon and a drug addict who was at the start of that career when she met my husband.

So now we have filed for AOJ. It was denied. Our interview was terrible but they do believe that the marriage (at least on my side, which is all we need) is valid.

Our attorney tells us we need to get sworn affidavits from the wife's family and the wife herself if possible. I pray to God we can get them. Has anyone else gone through something like this?

Also, I think our lawyer may not be all that great. He said nothing during this interview. Does anyone know a GOOD immigration attorney in Omaha, NE?

[Krikit 1,163]

I'm going to move your thread to the Major Changes forum to see if you can get some responses. Good luck, shemarienp.

[Dakine 26]

I am new to the forum. My husband is a Pakistani immigrant. He's been here since 1997 and originally had an F1 visa. When he stopped studying, he did not return to Pakistan.

In 2002, he married a citizen. He states that soon after the marriage, she started using drugs, disappearing for days and weeks at a time. He would go to her mom's house to find her, and her mom would say that she had always been like this. He started getting letters from grocery stores about bad checks. In 2003, he filed for divorce, because he didn't want to be associated with her criminal activities. He states they separated in September 2003, because they were fighting a lot. He filed for divorce prior to the determination of his adjustment of status request.

Apparently, his ex-wife told the local police and FBI that it was a fraud marriage. She provided no physical evidence; it's only her word. She lied. My husband possesses far too detailed a level of knowledge about the marriage for it to have been false as she says it was. This person is a felon and a drug addict who was at the start of that career when she met my husband.

So now we have filed for AOJ. It was denied. Our interview was terrible but they do believe that the marriage (at least on my side, which is all we need) is valid.

Our attorney tells us we need to get sworn affidavits from the wife's family and the wife herself if possible. I pray to God we can get them. Has anyone else gone through something like this?

Also, I think our lawyer may not be all that great. He said nothing during this interview. Does anyone know a GOOD immigration attorney in Omaha, NE?

". This person is a felon and a drug addict who was at the start of that career when she met my husband."

Why did he marry her then?

[shemarienp 0]

Clearly, he did not know this about her when he married her. She wasn't exactly upfront with him. They only dated for something like four-five months. There was a strong physical attraction, and they both, according to my husband, thought that marriage would make them more responsible. Like many young people, she thought marriage would fix her. He thought the same. People make this mistake everyday. I did it myself.

The main point, though, is that he did not marry her for a green card.

[Dakine 26]

Clearly, he did not know this about her when he married her. She wasn't exactly upfront with him. They only dated for something like four-five months. There was a strong physical attraction, and they both, according to my husband, thought that marriage would make them more responsible. Like many young people, she thought marriage would fix her. He thought the same. People make this mistake everyday. I did it myself.

The main point, though, is that he did not marry her for a green card.

Good luck!

[shemarienp 0]

I just really need to hear from people who have had this same kind of situation, if anyone is out there. And whether someone can please recommend a good immigration attorney in my city.

[TBoneTX 43,058]

I just really need to hear from people who have had this same kind of situation, if anyone is out there. And whether someone can please recommend a good immigration attorney in my city.

Sincere sympathy for your situation.

As a helpful stopgap, and at least as a temporary alternative to your finding a reliable immigration attorney in Omaha, visit http://www.fosterquan.com and sign up for their phone or e-mail consultation. This is the largest immigration-law firm in Houston, and I found the attorneys to be absolutely reliable, prompt, and fair. They gave me far more than what I paid for their (very reasonable) e-mail consultation. They can reliably direct you regarding your predicament, and perhaps even refer you to an attorney in Omaha.

I have no connection with the firm except a positive personal experience. I became aware of the firm through my uncle, who has known the senior name-partner for many decades. Please let us know about your experience with them -- your story here is touching, and we want you to gain help.

[rrobin 2]

I am new to the forum. My husband is a Pakistani immigrant. He's been here since 1997 and originally had an F1 visa. When he stopped studying, he did not return to Pakistan.

In 2002, he married a citizen. He states that soon after the marriage, she started using drugs, disappearing for days and weeks at a time. He would go to her mom's house to find her, and her mom would say that she had always been like this. He started getting letters from grocery stores about bad checks. In 2003, he filed for divorce, because he didn't want to be associated with her criminal activities. He states they separated in September 2003, because they were fighting a lot. He filed for divorce prior to the determination of his adjustment of status request.

Apparently, his ex-wife told the local police and FBI that it was a fraud marriage. She provided no physical evidence; it's only her word. She lied. My husband possesses far too detailed a level of knowledge about the marriage for it to have been false as she says it was. This person is a felon and a drug addict who was at the start of that career when she met my husband.

So now we have filed for AOJ. It was denied. Our interview was terrible but they do believe that the marriage (at least on my side, which is all we need) is valid.

Our attorney tells us we need to get sworn affidavits from the wife's family and the wife herself if possible. I pray to God we can get them. Has anyone else gone through something like this?

Also, I think our lawyer may not be all that great. He said nothing during this interview. Does anyone know a GOOD immigration attorney in Omaha, NE?

Sorry to hear about your situation. Did the interviewer explicitly mentioned that your husband has commited marriage fraud? Did they deny him on the spot?

[canadian_wife 1,791]

I am sorry for your situation. But you said that your husband was accused of marrying for a green card, then you say that YOUR AOS interview was denied. I don't understand this. Did your husband receive his green card from his first marriage?

Does your husband have any concrete evidence of his 1st's wife behaviour? Police records perhaps if she was arrested? Maybe do what your lawyer said and get sworn statements of her behaviour by his 1st wife's family.

What is the current status of your husband since your AOS was denied? What is the situation with your status?

[Bobby+Umit 161]

I am sorry for your situation. But you said that your husband was accused of marrying for a green card, then you say that YOUR AOS interview was denied. I don't understand this. Did your husband receive his green card from his first marriage?

Does your husband have any concrete evidence of his 1st's wife behaviour? Police records perhaps if she was arrested? Maybe do what your lawyer said and get sworn statements of her behaviour by his 1st wife's family.

What is the current status of your husband since your AOS was denied? What is the situation with your status?

Concur - I can see two red flags that would trigger me to suspect fraud.

1st he was out of status - then after a several months, got married. (unknown how long out of status he was)

2nd He gets divorced, but you make no mention if he continued on with the AOS, so, if he didn't AOS, he would be out of status, again.

Then he marries you and the AOS doesn't go well.

Does he have any evidence of entering the first marriage in good faith? The affidavits are a good start, but you may want more than that.

[shemarienp 0]

What happened was he got married to the first wife, then filed for AOJ. Since she decided to plead guilty to marriage fraud instead of everything else she was accused of, the AOJ was denied and the reason cited was that the marriage was supposedly fraudulent. However, no one ever questioned my husband about the marriage, there was never an interview, and he never received a notice that the AOJ was denied until two years after it was filed. He was never charged with marriage fraud and never deported, but she went to jail. Meanwhile, he's out there working, filing taxes, living like a normal person. However, yes, he was out of status, up until we filed for our AOJ.

Fast forward to now. We meet, we date for a year and a half. We decide to get married. My husband never pressured me to get married.

As for our AOJ, they gave us the interview, we went to the interview. It was grueling. It turns out that we went through the interview all for nothing. I think the officer just wanted to try and save me from the evil alien. They already had a letter denying the AOJ. We are appealing, and planning to present new evidence about the 1st marriage - ie affidavits from the 1st wife's family.

There is evidence against the 1st marriage being fraud. There is an affidavit from the wife's sister stating that it was a normal marriage. The wife's mother signed the marriage license. The FBI stated they never lived together, yet the address on the wife's driver's license was the marital address. The address on his license was the wife's mom's address. Furthermore, for them to never have lived together, he has way too much information and details for that to be true. A green card was not the primary purpose of that marriage.

No, he never received a green card.

I've already determined for myself after reviewing the evidence that he is not scamming me and that his 1st marriage was real. My husband has made mistakes and had lapses in judgment, that much is true, but these were honest mistakes. He's not scamming anyone and never has.

Edited April 18, 2009 by shemarienp

[jpaula 20]

If he has never had an approved AOS then he has been continually out of status (including now). Filing for AOS does not give him legal status. So, you have to proceed with this in mind. I am not sure how you overcome the past charge of fraud, but I do know that someone who has been found guilty of marriage fraud can NEVER AGAIN receive immigration benefits through marriage. Given this, I think you have to talk to a good attorney and find out how you get the fraud charge dropped before you try to do anything else. A lawyer should tell you this, but since we are talking about whether he (not his wife) committed marriage fraud, you will need not only to get her statements and those of her family, but find a way to prove HIS intentions.

[Bobby+Umit 161]

If he has never had an approved AOS then he has been continually out of status (including now). Filing for AOS does not give him legal status. So, you have to proceed with this in mind. I am not sure how you overcome the past charge of fraud, but I do know that someone who has been found guilty of marriage fraud can NEVER AGAIN receive immigration benefits through marriage. Given this, I think you have to talk to a good attorney and find out how you get the fraud charge dropped before you try to do anything else. A lawyer should tell you this, but since we are talking about whether he (not his wife) committed marriage fraud, you will need not only to get her statements and those of her family, but find a way to prove HIS intentions.

Actually, it does. Filing for AOS, and getting the NOA, puts your status (whatever it was prior) to "pending".

Now - after that interview, your status may change, hopefully to the better.

[pushbrk 12,106]

If he has never had an approved AOS then he has been continually out of status (including now). Filing for AOS does not give him legal status. So, you have to proceed with this in mind. I am not sure how you overcome the past charge of fraud, but I do know that someone who has been found guilty of marriage fraud can NEVER AGAIN receive immigration benefits through marriage. Given this, I think you have to talk to a good attorney and find out how you get the fraud charge dropped before you try to do anything else. A lawyer should tell you this, but since we are talking about whether he (not his wife) committed marriage fraud, you will need not only to get her statements and those of her family, but find a way to prove HIS intentions.

Actually, it does. Filing for AOS, and getting the NOA, puts your status (whatever it was prior) to "pending".

Now - after that interview, your status may change, hopefully to the better.

Yes, filing changes the status to pending but what's missing from the story is the actual stated reason for denying this most recent application to adjust status. Regardless, this really is a matter for an attorney, as your husband is soon to be facing deportion.

[jpaula 20]

"Pending" is not the same as legal. If you enter legally (say on a K-1) and then go to adjust status you are not officially out of status during the "pending" process. But, if you are out of status when you file AOS, filing does not put you in status. You are in a pretty ambiguous spot in the meantime. Many people who are here illegally, marry a USC and then file the I-485 have been detained at their interview. Then again, I am coming from a MENA perspective and it may be the DHS chooses to excercize this option with MENA men more often than with those from other countries.

In this case, it is unclear what status the husband had before the first marriage and what his status is following the denial of both AOS attempts. But, if nothing has ever been approved, I would assume he is out of status.