Heart broken woman in tears!!

[Riri 4]

Awwww obasima take it easy and think about all those questions the co asked. Miracles do happen u know.

[meandmom 5]

In my opinion I would think the easier route for you is for your now 17 year old child to file for you when s/he settles when s/he qualifies to do so.

Not really. Having a child who is a US citizen will not help a parent to immigrate to the US, if said parent is permanently barred from the US.

The OP was denied a visa because the CO accused her of immigration fraud. Right? The CO said the denial is because the marriage is fake and just a means of coming to the US. That's immigration fraud.

Those who are deemed to have committed immigration fraud are permanently barred from the entry to the US. Therefore, if and when someone else petitions for the OP, she'll have to file for a waiver of inadmissibility.

Unfortunately, there's no waiver of inadmissibility available for parents of US citizens. Therefore, even if the child files for his mother, the petition will be denied.

Now, the only way for the OP to overcome the permanent bar is to convince the CO that she did not lie and did not participate in any immigration fraud. If she manages to do that, then she'll get her visa and join her husband. Everybody already laid out very nicely, what is needed for that (detailed timelines, legitimate proof, and a logical explanation of their story). If she doesn't manage to do that, then I'm afraid she'll never get any kind of visa to the US, ever.

[DJ6372 111]

I must admit I am the worlds biggest cynic, the fact this whole story sounds completely dodgy is just my opinion, but we have to remember one thing

This case made it to interview...................there must have been a level of conclusive evidence to get this far?

Or are we/me missing something here?

[Ryan H 3,791]

***Another non-constructive post removed along with a member's access to this thread.***

[Unidentified 2,930]

I must admit I am the worlds biggest cynic, the fact this whole story sounds completely dodgy is just my opinion, but we have to remember one thing

This case made it to interview...................there must have been a level of conclusive evidence to get this far?

Or are we/me missing something here?

Correct me if I'm completely wrong, only experience I have of spousal visa is skimming through the instructions for the I-130 form a moment ago... There doesn't seem to be that much requirements to fulfill to be able to file for it which makes it seem pretty easy to get to the embassy stage. Only thing would be regarding what dates they put down as being previously married etc. But like I said, I'm not familiar with it and it's just my theory.

[IcezMan_IcezLady 582]

Okay lets cover this timeline. You and your husband have a 17,15 and 13 year old. He left for US or found an American woman looks like right after the youngest was born like 2002 looks like.

When did he get to US? Because you say he and ex-wife have a 10 year old. That's 3 years between your last and he meeting someone else getting petitioned and moving to US.

How long after he got citizenship did he divorce? How long was he married to the USC? This all plays into the thought process why you were denied.

Ayisi&Phyllis it matters a great deal who you married when that marriage resulted in you getting citizenship and you dumping that spouse afterward and then petitioning for your other family in your country. This is one of the BIG Red Flags that get many in African countries (especially Ghana and Nigeria) in AP or flat our denied.

dwheels76,

I agree with what you said and it looks like "someone was probably used and dumped with the full knowledge of someone" .

Just for argument sake say her husband committed a fraud, why is this woman and her kids paying for it?

I don't understand that part.

[meandmom 5]

I must admit I am the worlds biggest cynic, the fact this whole story sounds completely dodgy is just my opinion, but we have to remember one thing

This case made it to interview...................there must have been a level of conclusive evidence to get this far?

Or are we/me missing something here?

Plenty of people make it to the interview, get accused of immigration fraud, get denied and permanently barred.

That's the job of the consulate (not USCIS or NVC), to try to weed out the fakes from the real deal, and to discover if there're any bars to entry.

The USCIS approval only means that they've established that a basis for the petition seems to exist. The NVC only prepares the package of the documents for the consulate.

It is the ultimate responsibility of the consulate to determine that all of the presented documents are not fake, that the person being interviewed is not fake (i.e., not someone else pretending to be the applicant), that the marriage relationship is bona fide, that no bars to entry exist, etc.

[Unidentified 2,930]

dwheels76,

I agree with what you said and it looks like "someone was probably used and dumped with the full knowledge of someone" .

Just for argument sake say her husband committed a fraud, why is this woman and her kids paying for it?

I don't understand that part.

For the sake of argument: if husband did commit fraud, she was probably in on it too. He marries a USC for citizenship, dumps her and then tries to get the OP over and the CO sees fraud and she gets denied because of visa fraud.

[IcezMan_IcezLady 582]

Obaasima, that last option if everything else fails is for your husband to file for the children before they turn 21. Then the children can file for you.

It might be the longest route.

Also, if your husband had an amicable divorce from the other woman and say she is willing to vouch for the good faith marriage he had with her, than you can use a sworn statement from her to refute CO claims in addition to whatever evidence you have to show that your marriage is genuine.

Good luck

[DJ6372 111]

Plenty of people make it to the interview, get accused of immigration fraud, get denied and permanently barred.

That's the job of the consulate (not USCIS or NVC), to try to weed out the fakes from the real deal, and to discover if there're any bars to entry.

The USCIS approval only means that they've established that a basis for the petition seems to exist. The NVC only prepares the package of the documents for the consulate.

It is the ultimate responsibility of the consulate to determine that all of the presented documents are not fake, that the person being interviewed is not fake (i.e., not someone else pretending to be the applicant), that the marriage relationship is bona fide, that no bars to entry exist, etc.

I never knew that

I guess having filed through the UK, and attended a quite simplistic interview I assumed all the work was done by the NVC

I stand corrected

[IcezMan_IcezLady 582]

For the sake of argument: if husband did commit fraud, she was probably in on it too. He marries a USC for citizenship, dumps her and then tries to get the OP over and the CO sees fraud and she gets denied because of visa fraud.

Keyword you used was "Probably",

so it is possible she didn't know. I lived in Ghana and I have heard stories of wives who knowingly agreed and participated in such frauds but there are other women who were impregnated and customs forced the man to perform certain rites and the man disappeared only to surface decades later to do the right thing. which is to marry the woman. I don't know if this applies to this lady but I will give her the benefit of the doubt.

We can only advise her based on what she reveals to us.

[meandmom 5]

dwheels76,

I agree with what you said and it looks like "someone was probably used and dumped with the full knowledge of someone" .

Just for argument sake say her husband committed a fraud, why is this woman and her kids paying for it?

I don't understand that part.

The kids will not be paying for it. A minor is not responsible for the actions of his parents. The kids would only pay if the father's citizenship gets revoked, if he's ever accused of getting his green card through false pretenses. But since that's hard to prove and expensive to prosecute at this stage, he and the kids will be fine.

The woman however can be accused (theoretically) of two different things. First, that she willfully participated in the fraud committed by her husband (i.e., a plan to marry a US wife for a green card, get naturalized, and then bring over the original family). Second, that their current marriage is a sham and just a means of bringing her over to the US to be with her kids.

Either accusation is enough for a visa denial and ban. That's why it's very important for her to gather all evidence to the contrary, and to prove to the CO that both her current marriage is bona fide and also that her husband's prior marriage to a USC was bona fide.

[strongmyk 51]

dwheels76,

I agree with what you said and it looks like "someone was probably used and dumped with the full knowledge of someone" .

Just for argument sake say her husband committed a fraud, why is this woman and her kids paying for it?

I don't understand that part.

The kids are not paying for it because they have already secured immigrant visas.

in the wife's case she can't be a beneficiary of a supposed "immigration fraud". not saying it is a fraud though

[strongmyk 51]

I never knew that

I guess having filed through the UK, and attended a quite simplistic interview I assumed all the work was done by the NVC

I stand corrected

well not in "high fraud" countries like Ghana. Interviews play a big part

[IcezMan_IcezLady 582]

The kids are not paying for it because they have already secured immigrant visas.

in the wife's case she can't be a beneficiary of a supposed "immigration fraud". not saying it is a fraud though

Got it. I skipped over the kids getting visa par. my bad.