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doingmybest

Risk of Prosecution if GC Petition is Denied

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17 hours ago, doingmybest said:

I am the US citizen. My wife and I are currently in the AOS process with the 2nd interview (very likely Stokes) scheduled in 10 days. We have a good case, but I do see how USCIS can have some doubts, there is a cultural/age difference, and we didn't have all the joint financial documents. Anyways, If this petition fails, should I expect to be prosecuted for marriage fraud on that fact alone? There is zero objective evidence that I engaged in marriage fraud. I'm guessing they are very selective in which people they prosecute? Does anyone have any insights? Thanks so much.

My wife and I had a stokes interview as our first AOS interview, I assume because I was 27 years her senior, but that is supposition. Them conducting a stokes interview has no bearing on their findings, it is meant to make sure that apart you answer consistently. You should have similar responses remembrances etc .. it does not mean they don't believe you are a couple it merely means that there is something out of the ordinary in your submissions or circumstances. Go, state your case and find out, they are not there to browbeat your fiancé into making false statements, you are over-reacting

 

 

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22 hours ago, doingmybest said:

I suppose it is more likely that they will prevent me from petitioning in the future.

 

 

What do you mean, could you elaborate?

 

If your marriage is legit, why would you be concerned about petitioning in the future?

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On 12/2/2018 at 7:14 PM, doingmybest said:

I am the US citizen. My wife and I are currently in the AOS process with the 2nd interview (very likely Stokes) scheduled in 10 days. We have a good case, but I do see how USCIS can have some doubts, there is a cultural/age difference, and we didn't have all the joint financial documents. Anyways, If this petition fails, should I expect to be prosecuted for marriage fraud on that fact alone? There is zero objective evidence that I engaged in marriage fraud. I'm guessing they are very selective in which people they prosecute? Does anyone have any insights? Thanks so much.

It's very unlikely that they would open a criminal prosecution even if the case gets denied. It simply doesn't justify spending of the government resources for cases like yours, especially if they don't have very strong evidence against you. I'm not sure if they can file a civil case against you though. That's what USCIS or IRS do sometimes because the bar in much lower for them to win than in criminal cases. 

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

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