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masayeb

please let this end in a good way

By masayeb in Removing Conditions on Residency General Discussion

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masayeb Newbie

masayeb   0

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Filed: Timeline
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:crying: hi,ok this is my problem.my husband and i have been married for12 years.i am a usc and when we got married he got his citizenship from me and we lived happily ever after......until....my sister married his brother...not for america but because they fell in love...anyway after that,hell broke loose and they didnt get along.she had brought him to the us after they got married and they lived together here for about 1 year and 8 months,then they got a divorce.since then he has gotten a temporary green card and now it has expired and he made an appointment in the immigration and they told him his case has been denied because there is no proof that it was a bonafide marraige because he wouldnt get her pregnant.so the immigration lawyer told him that he could appeal,but he needed witnesses that it was a bonafide marraige.both my husband and i are going to be his witnesses that it was indeed a real marraige.please tell me....what do you think is going to happen?im so stressed out thinking about this.its tearing our families apart.thanks.
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wildestkabs Explorer

wildestkabs   0

Posted
Filed: IR-1/CR-1 Visa Country: India
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Posted (edited)
they lived together here for about 1 year and 8 months,then they got a divorce.since then he has gotten a temporary green card and now it has expired and he made an appointment in the immigration and they told him his case has been denied

Was the I-751 ever filed?

because there is no proof that it was a bonafide marraige because he wouldnt get her pregnant.

It is pretty weird that INS would deny him *only* because there were no children. What are we missing out on?

so the immigration lawyer told him that he could appeal,but he needed witnesses that it was a bonafide marraige.

Don't they have any other evidence at all, other than two people ready to testify?

Edited by wildestkabs

"Wild"

Disclaimer: I am not an attorney and I don't give legal advice.

01/29/2011 - Expressed interest through www.shaadi.com

01/30/2011 - Interest accepted. :)

05/23/2011 - Got married in New Delhi, India

07/16/2011 - I-130 filed.

07/18/2011 - I-130 delivered at the Chicago Lockbox.

07/19/2011 - NOA-1.

07/21/2011 - USCIS text notification of acceptance of the I-130.

07/22/2011 - Check for $420 cashed.

08/04/2011 - Touched.

02/03/2012 - Received I-130 approval notification via text and email. Website updated as well.

02/08/2012 - Received NOA-2 hard copy.

02/17/2012 - NVC generated case #.

02/17/2012 - DS-3032 and AOS bill generated.

02/22/2012 - AOS fee bill paid online.

02/23/2012 - DS-3032 emailed.

02/23/2012 - AOS fee bill cleared, IVR updated.

02/24/2012 - Received 'We have received your DS-3032 email from NVC.'

02/25/2012 - AOS Packet mailed.

02/27/2012 - IV Fee Bill generated.

02/28/2012 - 'Item missing in AOS Packet'. NVC mails out letter.

03/01/2012 - IV Fee Bill Paid (Status 'IN PROCESS')

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diadromous mermaid Experienced

diadromous mermaid   36

Posted
Filed: Timeline
Posted (edited)
:crying: hi,ok this is my problem.my husband and i have been married for12 years.i am a usc and when we got married he got his citizenship from me and we lived happily ever after......until....my sister married his brother...not for america but because they fell in love...anyway after that,hell broke loose and they didnt get along.she had brought him to the us after they got married and they lived together here for about 1 year and 8 months,then they got a divorce.since then he has gotten a temporary green card and now it has expired and he made an appointment in the immigration and they told him his case has been denied because there is no proof that it was a bonafide marraige because he wouldnt get her pregnant.so the immigration lawyer told him that he could appeal,but he needed witnesses that it was a bonafide marraige.both my husband and i are going to be his witnesses that it was indeed a real marraige.please tell me....what do you think is going to happen?im so stressed out thinking about this.its tearing our families apart.thanks.

He received the conditional GC after they were divorced? So did he arrive on a K3? Were they still married when and if they were interviewed for Adjustment of Status?

Something doesn't add up. Not impregnating one's spouse is not a valid ground for denial. If they were only living together for 1 yr 8 months, and he arrived on a K3, then they were married how long before he applied for adjustment of status? And if his card has since expired, yes, I agree with Wild's question, did he apply to remove conditions on his GC before the deadline? If divorced, the alien can apply right away under any one or all of the waiver requirements.

Edited by diadromous mermaid

"diaddie mermaid"

You can 'catch' me on here and on FBI.

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hcj Collaborator

hcj   0

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Filed: Country: Sweden
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Posted

1) Your husband's brother has an immigration attorney -- he should listen to his attorney.

2) If your husband's brother is interested in other opinions, he should consult with another immigration attorney.

3) You have not provided any actual useful information here, not sure how we laypersons can offer even an uneducated guess. If you want some uneducated guesses, try giving us a complete timeline of everything that was filed, approved, and/or denied, along with details on any decisions handed down, who it was handed down by, when, etc.

Just out of curiosity, what do you mean by "he wouldn't get her pregnant"? He refused to have sex with her and the marriage was never "consummated"?

"When all else fails, read the instructions."

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