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Filed: Citizen (apr) Country: Germany
Timeline
Posted

I can't tell you about how many or .... but you can read this link: http://www.visajourney.com/forums/topic/380678-i-751/page__pid__5569913#entry5569913

We lived in Atlanta GA too, and we have felt the same way like your some time. BUT this time, I can say 1 thing: don't worry, you are FINE!!! lol!!!!

Posted

The chances are pretty darn slim, AFAIK by the reports from VJ.

However it's NOT that hard to have it denied. It's almost like going through a court of law where you are trying to prove you are innocent. As long as it's in good faith and you have enough evidences you'll do just fine.

Oh and for goodness sake hope you don't end up in lots road blocks such as RFE, relocation, multiple even stokes interviews.

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

I don't know anyone with a straightforward case (still married, living together) who was denied. I know a few people who were asked for extra bonafide evidence and then passed, and a few who were denied after divorce because they couldn't prove the ex-marriage was bonafide.

An interview for ROC is not common- three interviews like the case linked to above is extremely rare.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Filed: Timeline
Posted

It will be almost impossible to actually find the "false denial" rate (the rate at which genuine applicants are denied), which is what you are interested in, not total denials. But all I can say is, it better be close to zero!

Yes that's what I was interested in, genuine "bona-fide" marriages, I would totally hope every bogus marriage ROC on I751 was denied.

Filed: Citizen (apr) Country: India
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Posted

Yes that's what I was interested in, genuine "bona-fide" marriages, I would totally hope every bogus marriage ROC on I751 was denied.

Actually, I would hope that every bogus marriage was denied at AOS, and never makes it to ROC. If these guys just did their job right the first time around, they would save themselves a lot of work and all of us genuine folks a lot of money, time and headaches when traveling by simply eliminating ROC. But I am dreaming....

If I were to guess, false approvals at AOS (approving bogus marriages) is probably very low since I remember thinking that it would be almost impossible to game the system when I went through AOS. Also, what incentive does the US Citizen have to participate in a bogus marriage - does an offer of cash or some reward balance out the risk of getting a felony? So, they could probably completely eliminate ROC by just making AOS much more intrusive - mandatory home visits or something like that.

Anyway, back to your original question. I think genuine ROC applicants will not be denied. And even if everything goes wrong and results in denial, I heard somewhere that the burden of proof reverses when you go to appeal the decision in court - USCIS needs to comprehensively prove that your marriage was solely to circumvent US law.

Filed: Timeline
Posted

Actually, I would hope that every bogus marriage was denied at AOS, and never makes it to ROC. If these guys just did their job right the first time around, they would save themselves a lot of work and all of us genuine folks a lot of money, time and headaches when traveling by simply eliminating ROC. But I am dreaming....

If I were to guess, false approvals at AOS (approving bogus marriages) is probably very low since I remember thinking that it would be almost impossible to game the system when I went through AOS. Also, what incentive does the US Citizen have to participate in a bogus marriage - does an offer of cash or some reward balance out the risk of getting a felony? So, they could probably completely eliminate ROC by just making AOS much more intrusive - mandatory home visits or something like that.

Anyway, back to your original question. I think genuine ROC applicants will not be denied. And even if everything goes wrong and results in denial, I heard somewhere that the burden of proof reverses when you go to appeal the decision in court - USCIS needs to comprehensively prove that your marriage was solely to circumvent US law.

Yes I agree 100% with what you said here, I also wonder if the USCIS takes into account the ages of the petitioners, what country a person immigrated from when reaching a decision. An example could be a person who is 50 years old and came from a country like Australia or the UK who would very likely have a much lower chance of wanting to circumvent the legal procedure of entering and staying/living in the US as opposed to a person who is 21 years old and came from a nation who's standard of living was not on the same level ?

 
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