I-129F cover letter & sticky situation

[Emily81 0]

Hi All,

 

I will soon submit the I-129F (K3) in hopes of getting our I-130 approved a tad sooner as it was sent to Nebraska. In addition to all the necessary documents to include in the packet, should a cover letter also be included? 

 

Asking  because we sent a detailed cover letter and two 3rd-party supporting letters with our I-130 explaining the fraudulent accusation of my husband's ex-wife (she is US citizen and so am I) claiming "marriage fraud", which is stated on their annulment paper from 2011. We will have to include the annulment paper again with the I-129F form. I hate to bring attention to this absolutely bogus claim of hers, which she did out of spite even though he immediately left the US and didn't return. Though we also want to be completely transparent as he was not in the wrong then or now.  

 

I know this is a dicey situation, and we have already wasted money on two lawyers who were of no help. We're doing this on our own and hoping for the best. 

 

Thank you for your input. 

[Crazy Cat 39,223]

I would like to know if that trick still works........Hopefully, it won't result in a K-3 approval.

[Emily81 0]

 I doubt the K3 will be approved considering the stats, but why would that be a bad thing if it was approved?

[Crazy Cat 39,223]

Just now, Emily81 said:

 I doubt the K3 will be approved considering the stats, but why would that be a bad thing if it was approved?

Yeah, the chances of a K-3 are extremely slim...almost zero........but a person who enters the US on a K-3 must adjust status just like a K-1.  I never understood why the "trick" worked, but I am interested in knowing if Nebraska is still approving the I-130s so quickly after filing the I-129f.

[kris&me 572]

He signed a document for the annulment saying he was guilty of "marriage fraud" and this paper is signed by a judge and registered by the court system?

That would be an admission of "marriage fraud"  and the CO should take it quite serious 

And he married another USC?

you should take this serious 

[Emily81 0]

No, he did not sign the annulment paper. He never even had a chance to dispute it. He left the US after he and his ex decided to end their brief marriage. She assured him she'd handle the divorce so he left to his home country. He no reason to stay in the US. He never received any annulment papers to sign and was not aware of the reason for the annulment until after it was finalized. 

 

Unfortunately, yes, that is was is stated on the annulment form that is signed by the judge. And that is why we hired a lawyer to get it removed, but after nearly a year of dealing with the lawyer, the judge reviewed the case and declined to remove the "marriage fraud" reason on the annulment. Quite frankly, why would most judges even bother overturned something in favor for a non-US citizen or resident who has no rights over an American citizen? Despite the evidence that the marriage was legit and that they mutually agreed to marry, were a couple for several years prior to marriage, and that he left the US after they decided to divorce. He followed all immigration laws and only moved to the US so they could be together. 

[geowrian 22,335]

The K-3 "trick" to get the I-130 processed sooner stopped months ago. Nobody has reported any success with it since IOE receipt numbers were the norm.

 

It's quite unusual to have an annulment processed with only 1 party being informed. They pretty universally are required to provide notice to the other party - only if they are unable to do so would they proceed.

Then the judge declined to reopen the case. this has nothing at all to do with one person being a USC and the other not being a USC or even a resident. They are only permitted to make those decisions based upon the merits of the case.

While you may disagree and believe there was a bias, that is how it will be viewed by anybody else reviewing the case. He has marriage fraud attached to his name, which will present a hurdle in showing any future marriage is bona fide. It's not DOA, but it will increase scrutiny pretty heavily.

[Emily81 0]

8 hours ago, geowrian said:

The K-3 "trick" to get the I-130 processed sooner stopped months ago. Nobody has reported any success with it since IOE receipt numbers were the norm.

 

It's quite unusual to have an annulment processed with only 1 party being informed. They pretty universally are required to provide notice to the other party - only if they are unable to do so would they proceed.

Then the judge declined to reopen the case. this has nothing at all to do with one person being a USC and the other not being a USC or even a resident. They are only permitted to make those decisions based upon the merits of the case.

While you may disagree and believe there was a bias, that is how it will be viewed by anybody else reviewing the case. He has marriage fraud attached to his name, which will present a hurdle in showing any future marriage is bona fide. It's not DOA, but it will increase scrutiny pretty heavily.

Thanks for the Neb. thread. Not sure if it'll help to submit the I-129F but I suppose it can't hurt. 

 

As for my husband's annulment with his ex, he was already back in Turkey long before his ex started the annulment process and she claimed that she tried to get in touch with him. So it has her signature and address on it, but only my husband's name and "unknown" address. Regardless of the judge's reason for the final decision, this is where we are and it's such an extremely unfortunate position to be in. His ex blatantly lied, and she got away with it.

 

My husband and I know this is going to be a challenge, to say the least, so we've taken every step we can think of to get his visa approved. We've been married for 2.5 years and living together for almost 3 years in Japan. We waited until after it had been 2 years to apply for the I-130 to make it clear we have a bona fide marriage. We included a significant amount of evidence that goes far beyond the minimum requirements to prove our marriage is real. We also included a very detailed cover letter to explain my husband's legitimate relationship and marriage with his ex. In addition, were two affidavits verifying his previous marriage. One from his friend who knew him and his ex while they were dating in Turkey and was a witness at their civil marriage in the US. The second affidavit from another friend who my husband and ex lived with for a couple months in the US after they were married. Both are strong evidences proving the legitimacy of their marriage. Not sure what else we can really do at this point. 

 

My husband was granted a 10-year tourist visa to the US in April 2018, and no questions were asked about his previous marriage in the interview. He was given the visa hassle-free. We have gone to the US twice to visit family and both times he entered without any questions or scrutiny from customs. I'm just hoping that means USCIS doesn't have their own investigation of fraud on him. 

 

It's been nearly 7 years I've lived abroad, and I'm just ready to live close to my family again and obviously take my husband with me. 

[geowrian 22,335]

1 hour ago, Emily81 said:

Thanks for the Neb. thread. Not sure if it'll help to submit the I-129F but I suppose it can't hurt. 

 

As for my husband's annulment with his ex, he was already back in Turkey long before his ex started the annulment process and she claimed that she tried to get in touch with him. So it has her signature and address on it, but only my husband's name and "unknown" address. Regardless of the judge's reason for the final decision, this is where we are and it's such an extremely unfortunate position to be in. His ex blatantly lied, and she got away with it.

 

My husband and I know this is going to be a challenge, to say the least, so we've taken every step we can think of to get his visa approved. We've been married for 2.5 years and living together for almost 3 years in Japan. We waited until after it had been 2 years to apply for the I-130 to make it clear we have a bona fide marriage. We included a significant amount of evidence that goes far beyond the minimum requirements to prove our marriage is real. We also included a very detailed cover letter to explain my husband's legitimate relationship and marriage with his ex. In addition, were two affidavits verifying his previous marriage. One from his friend who knew him and his ex while they were dating in Turkey and was a witness at their civil marriage in the US. The second affidavit from another friend who my husband and ex lived with for a couple months in the US after they were married. Both are strong evidences proving the legitimacy of their marriage. Not sure what else we can really do at this point. 

 

My husband was granted a 10-year tourist visa to the US in April 2018, and no questions were asked about his previous marriage in the interview. He was given the visa hassle-free. We have gone to the US twice to visit family and both times he entered without any questions or scrutiny from customs. I'm just hoping that means USCIS doesn't have their own investigation of fraud on him. 

 

It's been nearly 7 years I've lived abroad, and I'm just ready to live close to my family again and obviously take my husband with me. 

Best of luck. Let us know how it goes.

 

Re: affidavits

They do very little to nothing to show a bona fide marriage. COs and IOs don't have any way to verify their statements. Nobody in their right mind ever provides an affidavit indicating anything other than a legitimate relationship, and virtual anybody can find somebody to write one.

 

A tourist visa does not consider if a previous marriage ended in fraud. Even if they did, the CO (and CBP) very likely never ever knew how the previous relationship ended. They work with the information presented to them.

To be clear, I'm not trying to discourage you. I'm just pointing out that affidavits don't have a meaningful value and a tourist visa says nothing about a marriage-based visa.

 

Best wishes.

Edited January 6, 2020 by geowrian

[Emily81 0]

40 minutes ago, geowrian said:

Best of luck. Let us know how it goes.

 

Re: affidavits

They do very little to nothing to show a bona fide marriage. COs and IOs don't have any way to verify their statements. Nobody in their right mind ever provides an affidavit indicating anything other than a legitimate relationship, and virtual anybody can find somebody to write one.

 

A tourist visa does not consider if a previous marriage ended in fraud. Even if they did, the CO (and CBP) very likely never ever knew how the previous relationship ended. They work with the information presented to them.

To be clean, I'm not trying to discourage you. I'm just pointing out that affidavits don't have a meaningful value and a tourist visa says nothing about a marriage-based visa.

 

Best wishes.

Thanks for your straightforward answer. This is a stressful situation, as you can imagine. I'll update as things eventually move along.