Case moved to fraud department

[MohU3 57]

I think if you can get us the Denial letter of the N400 or at least tell us the grounds of the denial, we can be a better help. Asking all these questions about the marriage in the N400 interview based on the 5 year rule is really weird.

[CEE53147 559]

Since the GC was received on the basis of a marriage to a USC,  I can definitely see an issue if there is a question about the validity of the marriage.  Proof  should be available from earlier processing.

 

An attorney with experience in the type of problem is essential.

[CJlove 147]

19 minutes ago, MohU3 said:

I think if you can get us the Denial letter of the N400 or at least tell us the grounds of the denial, we can be a better help. Asking all these questions about the marriage in the N400 interview based on the 5 year rule is really weird.

She’s still waiting for that letter. It’s not here yet. 

[CJlove 147]

11 minutes ago, CEE53147 said:

Since the GC was received on the basis of a marriage to a USC,  I can definitely see an issue if there is a question about the validity of the marriage.  Proof  should be available from earlier processing.

 

An attorney with experience in the type of problem is essential.

Few of the attorneys refused to take her case. She has one now but so far, no progress... 

 

As for proof, it’s been a decade ago. She called the bank but the bank no longer holds their joint account information, same goes for the apartment lease..

 

I wish she can join but she’s under a lot of stress, and being a clam. I’m just trying to see if I can help her in anyway possible, partly by asking everyone here. So, thanks everyone for your advise. 

[Boiler 43,437]

That Attorneys would not take the case suggests there is something they were told and we have not.

[MohU3 57]

20 minutes ago, CJlove said:

She’s still waiting for that letter. It’s not here yet. 

Then how did she figure out that the case was denied ?

[CJlove 147]

6 minutes ago, MohU3 said:

Then how did she figure out that the case was denied ?

She was told at the end of the interview. 

[MohU3 57]

 

1 minute ago, CJlove said:

She was told at the end of the interview. 

Oh, but nothing is official yet. What about the online case when she tracks it ? what does it say ? Anyways, she can't do anything until she gets the denial letter to see what was the denial based on and fights it from there. Lawyers won't be able to tell or do much either unless they see the denial letter, so tell her not to waste time or money talking to lawyers until she gets the letter first. I know the frustration about the situation, I wish her all the luck. Keep us updated please when she gets the letter since she can't join VJ herself.

[CJlove 147]

24 minutes ago, Boiler said:

That Attorneys would not take the case suggests there is something they were told and we have not.

The person interviewing her is a well-known officer from the fraud department. Hawaii, is a small island. We somehow know someone that knows someone, and so on. My point is, it’s a small community. 

[Boiler 43,437]

Ahh so sounds like there is a lot more to this and everybody knows.

[CJlove 147]

6 minutes ago, Boiler said:

Ahh so sounds like there is a lot more to this and everybody knows.

Ok. 

[TingX 10]

The details are out there crystal clear that the IO was suspecting the marriage was a fraud. The only way that is helpful to your friend is to find a good attorney, not those lawyers who merely know how to fill out papers. A real good lawyer has the experience to fight USCIS in court. Though that means you have to spend some money it is the only way. Try to find a lawyer from big names. You can google "largest law firms".

Edited February 18, 2019 by TingX

[aaron2020 11,651]

13 hours ago, CJlove said:

 

 

Now, the CO wants every evidence of their marriage back in 2008 to 2013. But, she doesn't have much evidence since it was long time ago. She has a lawyer, but the lawyer hasn't been helpful at all. What is the worst case scenario? What can she do? 

She needs a lawyer that will be helpful.  Worst case scenario is revocation of her green card and deportation.

[aaron2020 11,651]

10 hours ago, CJlove said:

I am a little confused to why they would want to reopen her marriage case for n400...? 

They can do it because they are entitled to look over everything.  

[geowrian 22,335]

35 minutes ago, TingX said:

A real good lawyer has the experience to fight USCIS in court.

I'd disagree. There's plenty of excellent lawyers that don't typically go to court. They get the issues resolved before that, or let others who do the court fights handle those cases.

I also know there's many awful lawyers that do take USCIS to court. More money for them, even if they have little basis to even go to court or the case is found to be frivolous and summarily decided with prejudice.

The key is finding the right lawyer for the type of case. Until the denial letter arrives, there's not much to go on other than the IO intends to deny with a suspicion of fraud in the original marriage to obtain LPR status.