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

[shemarienp 0]

He can work until he gets the outright denial letter. The denial letter will basically tell him that he is no longer legal in the US and therefore cannot work or go to school.

My atty yesterday said that he can work until his card that he got during our application process expires. Is that true?

Again just want to say that I am grateful for any and all help that I receive from the folks on this bulletin board. It is making all of this so much easier to deal with. For the first few days after the interview, I was a wreck and I think yesterday was my last day of that, thank God.

Edited April 21, 2009 by shemarienp

[CnT4ever 1]

I believe when you recieve the outright denial letter, which will say they will begin removal proceedings, in that letter, it will say that he cannot work or go to school. Ask your lawyer to produce the law which shows he can work. Once the final denial is given, your husband will technically have no status at all. Just read the letter they send you carefully so you know how to proceed.

[shemarienp 0]

I believe when you recieve the outright denial letter, which will say they will begin removal proceedings, in that letter, it will say that he cannot work or go to school. Ask your lawyer to produce the law which shows he can work. Once the final denial is given, your husband will technically have no status at all. Just read the letter they send you carefully so you know how to proceed.

Thanks again, I really appreciate it!

[Deputy Purple 1,294]

You also might want to check out this site: http://www.immigrate2us.net/

It seems like most of the members there have diffucult Visa cases....

[MsZ 6]

You keep saying that she was indighted for immigration fraud. But what was she convicted of?

I think the fact that he divorced her prior to AOS suggests strongly that for him, the marriage was bonifide. If it were not, why not just fake the rest and put up with the bad behavior? Afterall, it was *her* criminal activity, not his. But because it was a marriage, her behavior reflected badly on him in addition to hurting him inside.

But that's really a side issue to his being here illegally for so long.

Good luck. I hope you win your battle. I'm glad you've got your plan B though (living elsewhere).

[diadromous mermaid 36]

Well if she was indicted and charged with conspiracy to commit marriage fraud, was it with your currnet husband or another individual? The reason I ask is that if it was with your husband, then there is apparently some evidence to suggest she was paid to marry him. Are you sure you know all the details of your husband's past?

It is curious that she was indicted for immigration marriage fraud. Are you sure that is what it is? Be aware that the onus lies on the petitioner to demonstrate that a marriage is bonafide, and if the alien and USC spouse cannot then a denial of adjustment of status follows. Failure to prove the bonafide nature of a marriage results in a denial, but it doesn't automatically render the marriage fraudulent. It is just that the petitioner(s) did not have sufficient evidence to overcome a presumption that the marriage was entered into for immigration benefit.

You said he filed for divorce, and had been separated prior to the adjustment of status being adjudicated (in his first marriage). This, alone, is reason to deny the petition. Statutes in the INA require an automatic denial if the marriage is non-viable, and if the parties are no longer living together at the time of adjudication of the application. It's not simply a case of the USCIS thinking the marriage wasn't real. One of the requirements is that the parties be in a viable and sustaining marriage at the time of adjudication. If she informed USCIS that they were separated, then it would follow that the application would not be successful.

Bear in mind that with second marriages, the success of adjustment of status rests not only on the current marriage, but on the former. So, your lawyer is correct. Anything that could help your case would have to be focused on why the "alien" divorced the USC spouse BEFORE the first AOS was completed. In my opinion, he'd need to show some sort of abuse, mental or physical, in order to justify moving out of the marital homes and commencing a divorce. Therefore, in addition to supplying affidavits that state that the first marriage was legitimate, he'd better have some way of demonstrating why he didn't wait until the first AOS was complete before beginning to terminate the marriage.

The petition wasn't just denied...they called it marriage Fraud. She indicted for conspiracy to commit marriage fraud and did time. He filed for divorce because her behavior was getting worse and worse - they were getting letters from local grocery stores about bounced checks and another one from the county prosecutor. Also, she was doing drugs and disappearing for days at a time. Had it just been denied, it wouldn't be quite as bad for us.

[Chica Yeyé 41]

sister diaddie poses a Very Good Question.

[Caladan 19]

sister diaddie poses a Very Good Question.

Agreed. If the USC is being charged (convicted?), it's obviously *not* because she's trying to get a green card; often it is because money changed hands for them to sponsor the immigrant. Which generally means that the immigrant was in on it, too. Not necessarily, of course, but it sounds very strange. Did they ever investigate him for marriage fraud?

[-------- 0]

Found this:

Foreign Nationals Entering The U.S. Without Inspection

If a foreign national entered the U.S. illegally, and was not examined by an immigration officer, he/she is not eligible for adjustment of status. This applies even to foreign nationals married to U.S. citizens or to foreign nationals who have a U.S. citizen as an immediate relative

Source: AOS

But, if the person marries an USC, then they are considered "immediate relatives" and can AOS.

OVERSTAYING VISA & ENTRY WITHOUT INSPECTION:

What are the consequences of overstaying one's nonimmigrant status?

Individuals who have overstayed their nonimmigrant status are not eligible to change or extend their status

from within the U.S. In addition, except for immediate relatives, such individuals are ineligible to adjust

status to lawful permanent residence (except certain individuals who were "grandfathered-in" under INA §

245(i) which allows for adjustment with the payment of $1000 penalty). There are serious consequences for

overstaying nonimmigrant status.

(1). An overstay of any duration results in a requirement that from that day forward these individuals

must return to their home country in order to obtain visas of any kind, therefore, barring them from

third country processing.

(2). An overstay of more than 180 days bars individuals from re-entering the U.S. for a 3 years. An overstay

of more than one year bars individuals for a period of 10 years. Individuals in J-1 or F-1 status with I-

94s that are designated "D/S" are not impacted by these consequences unless USCIS has made a separate

determination that they have overstayed their status.

***NOTE: these bars are not triggered until an individual has departed the U.S.

Source: Even more AOS dust

So - if he leaves, ban time.

I saw this in another post and thought parts might be relevant here. It seems that things may not have been personal and you were going to receive a denial regardless of the legitimacy of your own marriage. Even when taking into consideration that your husband intentions with wife #1 were genuine and there was no fraud on his behalf, there still remains the fact that he fell out of status and thus remained in this country illegally. Your marriage does not change that.

Looking at the direction you are taking it seems there may be a chance for him if the abuse allegations against wife #1 are proven. Perhaps if this is the case and your husband was honestly ignorant of the law (though not an excuse) maybe the court will sympathize and believe him to be innocent though negligent. Maybe this is the approach your atty is trying to take by having you obtain the multiple statements on the sincerity of their relationship and her criminal record. (Don’t know) The only thing I can’t see is how conspiracy got into it. That usually involves multiple perpetrators otherwise it’s just intent. So if it was not your husband involved then who, maybe that is your missing link to clearing things up in your husband’s files.

I sense your pain and frustration in your posts, I hope you find peace in your situation no matter what the outcome may be.

[shemarienp 0]

You keep saying that she was indighted for immigration fraud. But what was she convicted of?

I think the fact that he divorced her prior to AOS suggests strongly that for him, the marriage was bonifide. If it were not, why not just fake the rest and put up with the bad behavior? Afterall, it was *her* criminal activity, not his. But because it was a marriage, her behavior reflected badly on him in addition to hurting him inside.

But that's really a side issue to his being here illegally for so long.

Good luck. I hope you win your battle. I'm glad you've got your plan B though (living elsewhere).

She plead guilty to conspiracy to commit marriage fraud, and was given a slap on the wrist in exchange for providing the US Attorney substantial assistance.

Well, if they were going to deny based on being here illegally, wouldn't they have just done that rather than mess around with all this marriage #######?

[shemarienp 0]

Well if she was indicted and charged with conspiracy to commit marriage fraud, was it with your currnet husband or another individual? The reason I ask is that if it was with your husband, then there is apparently some evidence to suggest she was paid to marry him. Are you sure you know all the details of your husband's past?

She was indicted as being part of a conspiracy with other US Citizen females. Keep in mind this was RIGHT AFTER 9/11 and there was a lot of discrimination and distrust against Muslims at that time.

There is no evidence she was paid to marry him. If there were, that officer would have happily shoved it in my face during the interview, and secondly, they'd have gone after him too. Why let him off, if there is real evidence that he's defrauding the US government?

She is the only person who clearly intended to commit marriage fraud. If that is even true. Because we don't know why she would cop to that, and keep in mind she was already in jail on other charges when she signed her plea agreement.

[shemarienp 0]

I just want to say that immigration is far, far too regulated. For God's sake, we really need to have this much control over people who come here seeking a better life? This is ridiculous. Quite frankly, it's NONE of the government's business whom I marry or for what purpose. We really need to put this much effort, time, and money into keeping immigrants out? When our birth rate is starting to fall? Why? The only thing we should be concerned with is whether someone has a criminal record and can support themselves here in the US. Other than that, who firetruckin' cares?

[Zee Bee 61]

I just want to say that immigration is far, far too regulated. For God's sake, we really need to have this much control over people who come here seeking a better life? This is ridiculous. Quite frankly, it's NONE of the government's business whom I marry or for what purpose. We really need to put this much effort, time, and money into keeping immigrants out? When our birth rate is starting to fall? Why? The only thing we should be concerned with is whether someone has a criminal record and can support themselves here in the US. Other than that, who firetruckin' cares?

So you want every Tom, ####### and Harry to be able to just cross our borders, come here, wreak havoc and put Americans at risk?

I understand that you are frustrated that they are giving you a hard time, but understand that there are reasons why immigration is the way it is. They may not be the most efficient government agency, but when it is all said and done, I am glad there is some entity out there keeping the crazies out of my backyard. Unfortunately, innocent people do get caught in the crossfire.

[shemarienp 0]

I just want to say that immigration is far, far too regulated. For God's sake, we really need to have this much control over people who come here seeking a better life? This is ridiculous. Quite frankly, it's NONE of the government's business whom I marry or for what purpose. We really need to put this much effort, time, and money into keeping immigrants out? When our birth rate is starting to fall? Why? The only thing we should be concerned with is whether someone has a criminal record and can support themselves here in the US. Other than that, who firetruckin' cares?

So you want every Tom, ####### and Harry to be able to just cross our borders, come here, wreak havoc and put Americans at risk?

I understand that you are frustrated that they are giving you a hard time, but understand that there are reasons why immigration is the way it is. They may not be the most efficient government agency, but when it is all said and done, I am glad there is some entity out there keeping the crazies out of my backyard. Unfortunately, innocent people do get caught in the crossfire.

Immigration has no concrete way of knowing who's crazy and who's not other than criminal record checks and background checks. They should stay out of my marriage, as long as my husband has a clean criminal record, a clean background, and can support himself. Other than that -none of their business.

[Zee Bee 61]

I just want to say that immigration is far, far too regulated. For God's sake, we really need to have this much control over people who come here seeking a better life? This is ridiculous. Quite frankly, it's NONE of the government's business whom I marry or for what purpose. We really need to put this much effort, time, and money into keeping immigrants out? When our birth rate is starting to fall? Why? The only thing we should be concerned with is whether someone has a criminal record and can support themselves here in the US. Other than that, who firetruckin' cares?

So you want every Tom, ####### and Harry to be able to just cross our borders, come here, wreak havoc and put Americans at risk?

I understand that you are frustrated that they are giving you a hard time, but understand that there are reasons why immigration is the way it is. They may not be the most efficient government agency, but when it is all said and done, I am glad there is some entity out there keeping the crazies out of my backyard. Unfortunately, innocent people do get caught in the crossfire.

Immigration has no concrete way of knowing who's crazy and who's not other than criminal record checks and background checks. They should stay out of my marriage, as long as my husband has a clean criminal record, a clean background, and can support himself. Other than that -none of their business.

Immigration is not doing anything to you. It seems like the problems have stemmed from the AOS application that he submitted with his first wife. Your marriage is not their business, but your husband's legal status in the US is.

As for the criminal and background checks, that is all they can go on. Sometimes the wait does weed out those that were looking for an easy way in. You and I may not like the way the system is set up, but it is there for a reason. Like I said in my previous post, sometimes innocent people get caught up in all this. It is not 100% foolproof.

As has been said on this board, immigration is a privilege, not a right.