I-485 & I-130 denied beacuse wife (Applicant) withdrew petition & made sworn statement alleging marriage a sham. What do I do?

[makeormar 0]

January, 2011-------- I Marry my US citizen wife in the US

April, 2011 ---------- I-130 & I-485 petition by wife for me

September, 2011 ------------- AOS Interview (No response from USCIS since then)

December, 2011 ------------- Marriage collapses after infedility from wife leading to sepration.

Wife swears vegeance

August,2012 ----------- Has private interview with USCIS agents, gives written request for

petition withdrawal. Makes sworn statement admitting marriage a

sham for payment.

October, 2012 -------------- I-130 & I-485 denied. Immigrant status un-lawful.

Im still within 30days of the decision. what do I do? Note we are still not divorced

Note though that i have met and fallen in love with a new girl and we have decided to get married.

[ceadsearc 515]

So you were married to a US citizen, you got separated, she told USCIS in August that you married her for benefits and now in October you are planning to marry a different American? Are you in removal proceedings? What visa did you come on? You need a GOOD lawyer and STAT. You have very little chance at getting a green card on your own because you have a ton of red flags that make it look like you are searching for a GC.

[VanessaTony 3,567]

It's been almost 12 months since you state your marriage fell apart yet you continued with the AOS processing. It's been a year since you had the AOS interview where you hadn't heard anything. It's likely something else was a red flag for you to be waiting this long.

You're now claiming within that period to have met someone else you want to marry, and I'm making an assumption here, AOS thanks to. I'm sorry but you will most likely fail.

You have already been flagged for fraud, you have most likely already had some other red flag (or it wouldn't have taken as long). I suggest you speak to an immigration attorney... but s/he will most likely just take your money to fight an uphill battle.

**Edit - out of interest, Your wife(the USC) is the petitioner/sponsor, YOU are the beneficiary/applicant.

Edited November 7, 2012 by Vanessa&Tony

[Penguin_ie 5,984]

**** Moving from AOS to Effects of Major Changes forum ****

[justashooter 430]

sounds like you need to self deport, to avoid formal removal.

January, 2011-------- I Marry my US citizen wife in the US

April, 2011 ---------- I-130 & I-485 petition by wife for me

September, 2011 ------------- AOS Interview (No response from USCIS since then)

December, 2011 ------------- Marriage collapses after infedility from wife leading to sepration.

Wife swears vegeance

August,2012 ----------- Has private interview with USCIS agents, gives written request for

petition withdrawal. Makes sworn statement admitting marriage a

sham for payment.

October, 2012 -------------- I-130 & I-485 denied. Immigrant status un-lawful.

Im still within 30days of the decision. what do I do? Note we are still not divorced

Note though that i have met and fallen in love with a new girl and we have decided to get married.

sounds like you need to self deport to avoid formal removal.

[Deep2009 18]

Getting immigration benefits at this time is going to be very hard for you.

You can get married if you are divorced from your first wife.

But, getting immigration benefits.... is hard. (even with lawyer and spending all the money)

Edited November 7, 2012 by Deep2009

[Fandango 1,439]

What to do?

Pack.

[himher 634]

You probably need to hop the bus and plan to have your new girl petition you from your home country.

January, 2011-------- I Marry my US citizen wife in the US

April, 2011 ---------- I-130 & I-485 petition by wife for me

September, 2011 ------------- AOS Interview (No response from USCIS since then)

December, 2011 ------------- Marriage collapses after infedility from wife leading to sepration.

Wife swears vegeance

August,2012 ----------- Has private interview with USCIS agents, gives written request for

petition withdrawal. Makes sworn statement admitting marriage a

sham for payment.

October, 2012 -------------- I-130 & I-485 denied. Immigrant status un-lawful.

Im still within 30days of the decision. what do I do? Note we are still not divorced

Note though that i have met and fallen in love with a new girl and we have decided to get married.

[Darnell 8,478]

filing that one combined set is a good indication this wasn't an adjustment from a K-1 visa.

So, when you are free to marry, you and the new wife could certainly file for another adjustment of status.

Expect close scrutiny on the 2nd go round, as there was a previous attempt to adjust status .

[ceadsearc 515]

filing that one combined set is a good indication this wasn't an adjustment from a K-1 visa.

So, when you are free to marry, you and the new wife could certainly file for another adjustment of status.

Expect close scrutiny on the 2nd go round, as there was a previous attempt to adjust status .

This would be what I would assume as well, but also possible OP failed to marry within 90 days and did come on a K-1. Uphill battle, regardless.

[evelyn1140 18]

January, 2011-------- I Marry my US citizen wife in the US

April, 2011 ---------- I-130 & I-485 petition by wife for me

September, 2011 ------------- AOS Interview (No response from USCIS since then)

December, 2011 ------------- Marriage collapses after infedility from wife leading to sepration.

Wife swears vegeance

August,2012 ----------- Has private interview with USCIS agents, gives written request for

petition withdrawal. Makes sworn statement admitting marriage a

sham for payment.

October, 2012 -------------- I-130 & I-485 denied. Immigrant status un-lawful.

Im still within 30days of the decision. what do I do? Note we are still not divorced

Note though that i have met and fallen in love with a new girl and we have decided to get married.

are you new love is a USC? if she is and you 2 love each other, both of you can wait.. you better go back home, get a divorce and start over

[Moomin 292]

I highly doubt that the "sham marriage" accusation has to do with the denial. She could've brought circus elephants in there and it still wouldn't matter unless she decided to withdraw the affidavit of support which was likely the case and therefore, the whole AOS falls to the ground and denial is based on no affidavit of support. That's the one she withdrew. Or unless she had evidence supporting her claim, of course.

OP; get divorced. And before taking any actions with your new girlfriend, just get divorced. That is the absolut minimum required for your new partner to petition you. Make sure that "sham marrriage" or "for immigration purpose" isn't plastered all over the reason for divorce. The divorce decree is needed when being petitioned for again. And in such case, the "sham marriage accusation" would matter.

Do not do anything before your current marriage is legally over. If you're in removal proceedings, anything you do now that'll open the doors to immigration benefits seems as a last attempt to gain immigration benefits, in the eyes of USCIS. Tread carefully, consult with a member of AILA. That is IF you're in removal proceedings. BUt I'd suggest the lawyer options because there might be more details to this case than any of us can think of asking.

Which visa did you enter the US with?

[N-o-l-a 7,167]

OP; get divorced. And before taking any actions with your new girlfriend, just get divorced. That is the absolut minimum required for your new partner to petition you. Make sure that "sham marrriage" or "for immigration purpose" isn't plastered all over the reason for divorce. The divorce decree is needed when being petitioned for again. And in such case, the "sham marriage accusation" would matter.

Perhaps they'll want to see his divorce documents in more depth, but my divorce decree is one page with several lines stating that our divorce is official and on file and the date.

I never received anything more than that and I don't think that information concerning a reason is on a divorce decree (especially in no-fault states), but that might not be the case in all states.

Edited November 25, 2012 by Nola123

[JimVaPhuong 4,863]

I highly doubt that the "sham marriage" accusation has to do with the denial. She could've brought circus elephants in there and it still wouldn't matter unless she decided to withdraw the affidavit of support which was likely the case and therefore, the whole AOS falls to the ground and denial is based on no affidavit of support. That's the one she withdrew. Or unless she had evidence supporting her claim, of course.

OP; get divorced. And before taking any actions with your new girlfriend, just get divorced. That is the absolut minimum required for your new partner to petition you. Make sure that "sham marrriage" or "for immigration purpose" isn't plastered all over the reason for divorce. The divorce decree is needed when being petitioned for again. And in such case, the "sham marriage accusation" would matter.

Do not do anything before your current marriage is legally over. If you're in removal proceedings, anything you do now that'll open the doors to immigration benefits seems as a last attempt to gain immigration benefits, in the eyes of USCIS. Tread carefully, consult with a member of AILA. That is IF you're in removal proceedings. BUt I'd suggest the lawyer options because there might be more details to this case than any of us can think of asking.

Which visa did you enter the US with?

Read the timeline he wrote again. His wife signed a sworn affidavit in front of a USCIS immigration officer admitting that she was paid to enter into a sham marriage. In doing so, she confessed to a crime that implicated him as a co-conspirator.

Obviously, pulling the affidavit of support would terminate the adjustment of status application. Usually, when an estranged spouse sends a "sour grapes" letter to USCIS they would take it with a grain of salt. This is different. She signed what amounts to a confession. This is damning evidence against him. If he intends to try to stay in the US then he needs to lawyer up ASAP. He could be facing more than just removal.

[Moomin 292]

Read the timeline he wrote again. His wife signed a sworn affidavit in front of a USCIS immigration officer admitting that she was paid to enter into a sham marriage. In doing so, she confessed to a crime that implicated him as a co-conspirator.

Obviously, pulling the affidavit of support would terminate the adjustment of status application. Usually, when an estranged spouse sends a "sour grapes" letter to USCIS they would take it with a grain of salt. This is different. She signed what amounts to a confession. This is damning evidence against him. If he intends to try to stay in the US then he needs to lawyer up ASAP. He could be facing more than just removal.

OP does not mention what the denial letter says specifically.

Yes, hence don't do anything regarding the new girlfriend/marriage, and stay focused on his current situation.

Please read page 687 here(and the paragraphs) and "notes from Steven Thal" further down; http://www.ailawebcle.org/resources/Resources%20for%206-02-11%20Seminar.pdf

(this one might be neat as well; http://www.simlawoffice.com/index.php?option=com_k2&view=itemlist&task=tag&tag=marriage%20fraud&Itemid=63 )