Please tell me about I130 decline scenario

[Gayathri 0]

Hi all,

My husband got married to US citizen in the year 2014 and he got his green card through that. He was working in USA that time and made adjustment of status. He applied green card through marriage as well as job he was doing it. Both became current and he got green card. He got divorce in 2016 due to some misunderstanding and he married me in 2018 and I live in India. Now he applied F2A for me and my I130 is applied. He is due to apply for his citizenship by Jan 2019. Could anyone please tell me it’s been 3 years he is holding green card and apply for spouse now. Will this affect my approval? 

[aaron2020 11,651]

Yes because your case looks like a classic case of immigration fraud.  Marry USC to immigrate to the US, then divorce after ROC, go home to marry real love, and file spousal visa.  All in less than 5 years.  So, the I-130 for you is likely to be denied.  

 

Your husband will need to provide evidence that his prior marriage was not primarily for immigration.  The burden is on him to prove it.  

[aaron2020 11,651]

Here's a case similar to yours.

 

 

[Gayathri 0]

It’s not fraud but his GC was granted via job as well. So it’s not through marriage alone. 

[aaron2020 11,651]

4 minutes ago, Gayathri said:

It’s not fraud but his GC was granted via job as well. So it’s not through marriage alone. 

A person can not get a green card through a job and a spouse.  It's one or the other.  It can not be both.

 

If he got his green card based on a job, then you don't have a problem.

 

If he got his green card through his USC wife, then you have a problem.  

Edited December 20, 2018 by aaron2020

[Gayathri 0]

Ok thank you. I got it confirmed and it’s through his employer. So it shouldn’t be a problem for me right. Thanks for your help. 

[WeGuyGal 1,052]

2 hours ago, Gayathri said:

It’s not fraud but his GC was granted via job as well. So it’s not through marriage alone. 

He'll have to provide a divorce certificate  and a 2-yr marriage to a USC could attract scrutiny. Even if that marriage didn't result in a green card.

[carmel34 3,639]

He needs to be a GC holder for 5 years or be a USC before he is eligible to file a spousal visa petition for you.  If he files now it will be denied because of ineligibility.  So you'll have to wait.

[Just Paul 4,595]

The I-130 he filed should not be appealed.  It will not be overturned since it was filed too early.  Once he has held his green card for 5 years or becomes an US citizen he can file a new I-130.  If he files with green card your category if F2A which is over a 2 year wait use the USCIS approval.   If he files as a citizen the category is the same that we talk about here for a CR1/IR1 visa.   That timeline for USCIS is about half.    You still have to go thru NVC and Embassy Consulate to get the visa appointment.

 

In the meantime he should try to visit an add more proof of a bona fide marriage as there are going to be red flags about the case warranted or not.

[geowrian 22,337]

The 5 year ban is only if the green card was issued based on marriage. It does not apply to other family immigration cases, or any employment-based immigration cases.

[Gayathri 0]

2 hours ago, geowrian said:

The 5 year ban is only if the green card was issued based on marriage. It does not apply to other family immigration cases, or any employment-based immigration cases.

Thank you so much. That helps a lot

9 hours ago, Paul & Mary said:

The I-130 he filed should not be appealed.  It will not be overturned since it was filed too early.  Once he has held his green card for 5 years or becomes an US citizen he can file a new I-130.  If he files with green card your category if F2A which is over a 2 year wait use the USCIS approval.   If he files as a citizen the category is the same that we talk about here for a CR1/IR1 visa.   That timeline for USCIS is about half.    You still have to go thru NVC and Embassy Consulate to get the visa appointment.

 

In the meantime he should try to visit an add more proof of a bona fide marriage as there are going to be red flags about the case warranted or not.

Thank you

[JFH 12,190]

22 hours ago, Gayathri said:

Hi all,

My husband got married to US citizen in the year 2014 and he got his green card through that. He was working in USA that time and made adjustment of status. He applied green card through marriage as well as job he was doing it. Both became current and he got green card. He got divorce in 2016 due to some misunderstanding and he married me in 2018 and I live in India. Now he applied F2A for me and my I130 is applied. He is due to apply for his citizenship by Jan 2019. Could anyone please tell me it’s been 3 years he is holding green card and apply for spouse now. Will this affect my approval? 

If he’s only had a GC for three years he won’t be applying for citizenship in 2019. 

[Gayathri 0]

Thanks all for your help. I am sorry there was some confusion in the dates and we have cleared it now. So he is completing his 5 years of GC by Mar next year and he will be applying for citizenship. To clarify he got green card through employer. This confusion arised coz his employer filed a petition meanwhile they got married and tried to fast track the process but as his pd became current with employer petition itself. Thanks all for taking time and advising me. I am now relieved much 

Edited December 21, 2018 by Gayathri
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