I-130 Notice of Intent to Deny based on fake marriage certificate

[MrsKhatib 0]

I don't know if I am in the proper place because I am moving so quickly.  This is my 2nd I130 for my spouse.  My spouse over 10 years ago applied for a tourist visa (non-immigrant visa) and provided a fake marriage license (wife does not exist, nor does her country ID#) My 1st I130 was denied because my husband sent him a sworn statement  that he had never been married before and the attorney sent it (Lord knows why as we know that is just like a notary) so he was denied.  I hired a new attorney, explained my situation, gave him 2 court letters sealed/signed where a judge said my husband had never been married in his country before, also same letter from his town judge.   The new attorney submitted this, did not say anything.  He also unlike the first attorney said proof of bonafide married like pictures, receipts, affidavits etc were not needed at this stage.

 

Friday, I get the same thing...a Notice of Intent to deny.  This one (unlike last time) asked me for a sworn statement as to wife I did not say he was married on the application.  It asked for all proof of bonafide marriage and AGAIN, a divorce decree.    You cannot divorce someone you did not marry, no records of it, she does exist.   So I don't know what else I need?   Anyone heard of this before?

 

All attorneys I consulted with said that we would get through the I130 with a letter from the judges and then 50/50 chance of a waiver 601.

 

Anyone else been through this.......My husband admits his stupidity, his older sister made this, he just wanted to come visit a brother he had not seen in years.

[geowrian 22,335]

1 hour ago, MrsKhatib said:

I don't know if I am in the proper place because I am moving so quickly.  This is my 2nd I130 for my spouse.  My spouse over 10 years ago applied for a tourist visa (non-immigrant visa) and provided a fake marriage license (wife does not exist, nor does her country ID#) My 1st I130 was denied because my husband sent him a sworn statement  that he had never been married before and the attorney sent it (Lord knows why as we know that is just like a notary) so he was denied.  I hired a new attorney, explained my situation, gave him 2 court letters sealed/signed where a judge said my husband had never been married in his country before, also same letter from his town judge.   The new attorney submitted this, did not say anything.  He also unlike the first attorney said proof of bonafide married like pictures, receipts, affidavits etc were not needed at this stage.

 

Friday, I get the same thing...a Notice of Intent to deny.  This one (unlike last time) asked me for a sworn statement as to wife I did not say he was married on the application.  It asked for all proof of bonafide marriage and AGAIN, a divorce decree.    You cannot divorce someone you did not marry, no records of it, she does exist.   So I don't know what else I need?   Anyone heard of this before?

 

All attorneys I consulted with said that we would get through the I130 with a letter from the judges and then 50/50 chance of a waiver 601.

 

Anyone else been through this.......My husband admits his stupidity, his older sister made this, he just wanted to come visit a brother he had not seen in years.

Stories like this show up several times a year on VJ. Unfortunately, there is virtually never an update where they were successful in overcoming the requirement to provide evidence that the marriage was terminated (because it never existed, obviously). You can do searches on this site and ask around, but the reality is I don't have a success case to refer you to.

[milimelo 4,194]

~One unrelated post and a response to it split into its own topic. Don’t jump in someone else’s topic with your situation. ~

[Boiler 43,430]

I assume they will need evidence of divorce or death. That is how these things seem to play out, issue a RFE for missing documents. Obviously a Judge can only comment on records they have access to.

[aaron2020 11,651]

Unfortunately, this story is very common.  You can find many cases on VJ where single people tell the US Government that they are married and end up trapped in their lies.  We ask for people to come back to inform us if they solved their problems, but we never hear back from them.

 

Your husband in his tourist visa application gave the US Government a marriage certificate saying he was married.  Now, he's trapped in his lie.  The US Government wants proof that he divorced and was free to legally marry you.  

With two denied I-130, you may need to consider moving to his country.  

 

Sorry.  

[pushbrk 12,106]

1 hour ago, aaron2020 said:

Unfortunately, this story is very common.  You can find many cases on VJ where single people tell the US Government that they are married and end up trapped in their lies.  We ask for people to come back to inform us if they solved their problems, but we never hear back from them.

 

Your husband in his tourist visa application gave the US Government a marriage certificate saying he was married.  Now, he's trapped in his lie.  The US Government wants proof that he divorced and was free to legally marry you.  

With two denied I-130, you may need to consider moving to his country.  

 

Sorry.  

The elephant in the room is that to solve the problem, the applicant must admit to having committed a material misrepresentation in the prior visa application process.  Once he does THAT, they have sufficient grounds to find him ineligible for the visa, or at USCIS simply deny the petition.  If it's USCIS, there can be an appeal.  If the Consulate, a waiver can be tried.

 

This is what happens when people lie on immigration forms and/or to immigration officials.  The only results I've seen in these situations have been petitioners giving up on the relationship and divorcing.  I'm sure there are other results, but we don't hear about them here.  My "results" cited were not read here on VJ.

[Lemonslice 4,553]

Are you absolutely sure he was not married before?  Hiding marriages and kids has happened before. 

[pushbrk 12,106]

11 minutes ago, Lemonslice said:

Are you absolutely sure he was not married before?  Hiding marriages and kids has happened before. 

Fair question.  If THAT is the lie, same result.  Denied petition or denied visa followed by appeal or waiver filing.  Either lie carries the same consequences.

[retheem 553]

14 hours ago, MrsKhatib said:

I don't know if I am in the proper place because I am moving so quickly.  This is my 2nd I130 for my spouse.  My spouse over 10 years ago applied for a tourist visa (non-immigrant visa) and provided a fake marriage license (wife does not exist, nor does her country ID#) My 1st I130 was denied because my husband sent him a sworn statement  that he had never been married before and the attorney sent it (Lord knows why as we know that is just like a notary) so he was denied.  I hired a new attorney, explained my situation, gave him 2 court letters sealed/signed where a judge said my husband had never been married in his country before, also same letter from his town judge.   The new attorney submitted this, did not say anything.  He also unlike the first attorney said proof of bonafide married like pictures, receipts, affidavits etc were not needed at this stage.

 

Friday, I get the same thing...a Notice of Intent to deny.  This one (unlike last time) asked me for a sworn statement as to wife I did not say he was married on the application.  It asked for all proof of bonafide marriage and AGAIN, a divorce decree.    You cannot divorce someone you did not marry, no records of it, she does exist.   So I don't know what else I need?   Anyone heard of this before?

 

All attorneys I consulted with said that we would get through the I130 with a letter from the judges and then 50/50 chance of a waiver 601.

 

Anyone else been through this.......My husband admits his stupidity, his older sister made this, he just wanted to come visit a brother he had not seen in years.

Weuh! dealing with immigration and dealing with a woman are one and the same thing; anything you say can and will be used against you.

[Villanelle 4,121]

Can you explain more about the 2 court letters from a Judge saying he wasnt married before? How and why did they give him that? I cant imagine a scenario where you can just meet with a Judge and have them issue a letter? Also the fake document he submitted- do you have a copy of it? As pushbrk explained the first step is getting USCIS to acknowledge the first marriage was a lie. Once they establish that you can move on to trying to overcome the fact that you lied. You are stuck right now with them still looking for proof so your focus needs to be on showing it was a lie. Often a statement from a person that says they lied is enough but since it seems you produced a document about the lie (rather then just checking off a box on the DS that says you are married) so now you have the burden to prove the document you submitted was fake because they are not just accepting your word. So I am thinking if you have a copy of the fake document you may be able to go to the records office (where you would go to get a copy of it if it was legit) and having them certify that no such record exists and its a fake document. Is that what the Judge did? If you dont have the document you can attempt to get it through FOIA but that can take a while, you can also attempt to get a statement from the records clerk stating the info requested (his name, her name, date, etc) does not exist. Its better if you have the specific document for them to certify is fake though. 

[Pinkrlion 2,607]

Your situation is different than others that I have read.  Others have overcome it because they only made a statement on application for tourist visa that they were married or was in a common law marriage.  You actually submitted a document.  That will not be easy to overturn as not being true.  You will have to admit to the truth with the evidence of no such person exists.  

 

[geowrian 22,335]

1 hour ago, Villanelle said:

Often a statement from a person that says they lied is enough

In general I agree with this. Although when it comes to lying about marital status, everything I've seen is they want hard evidence and will not just accept somebody's word that they lied in the past.

Edited July 27, 2020 by geowrian

[retheem 553]

1 hour ago, Villanelle said:

Can you explain more about the 2 court letters from a Judge saying he wasnt married before? How and why did they give him that? I cant imagine a scenario where you can just meet with a Judge and have them issue a letter? Also the fake document he submitted- do you have a copy of it? As pushbrk explained the first step is getting USCIS to acknowledge the first marriage was a lie. Once they establish that you can move on to trying to overcome the fact that you lied. You are stuck right now with them still looking for proof so your focus needs to be on showing it was a lie. Often a statement from a person that says they lied is enough but since it seems you produced a document about the lie (rather then just checking off a box on the DS that says you are married) so now you have the burden to prove the document you submitted was fake because they are not just accepting your word. So I am thinking if you have a copy of the fake document you may be able to go to the records office (where you would go to get a copy of it if it was legit) and having them certify that no such record exists and its a fake document. Is that what the Judge did? If you dont have the document you can attempt to get it through FOIA but that can take a while, you can also attempt to get a statement from the records clerk stating the info requested (his name, her name, date, etc) does not exist. Its better if you have the specific document for them to certify is fake though. 

Weuh..this tongue twister is so twisted untwisting the tongue twister is a tongue twister- what am I even saying lol

[dwheels76 5,459]

Lord I have seen this too many times in the West African forums. The twist here is he just didn't lie on an application he submitted fraudulent documentation. Like Pushbrk says  saying he lied he admits to material misrepresentation and will get a ban.

This is a hot mess I don't know how he will recover, but to admit he lied and submitted fraudulent papers. Expect a Ban maybe even lifetime.

 

This is why Nigeria is on the Country Ban list because the government won't police themselves of the easiness of getting such false documents with ease there.

Edited July 28, 2020 by dwheels76

[Boiler 43,430]

To clarify if he got a ban that would be a result, the problem if getting past the RFE.