Please help, I was married to a US citizen but got divorced a few months prior to my 2 year aniversery and had to go file my I-751 with a waiver that I entered it in good faith. I went to the interview and the adjudicator, told me she needed to do more research and it seemed like she didn't belive a word I said. A few weeks ago, I got a letter stating that I failed to establish that I entered into my marriage in good faith. I am wondering if I can refile, and if it will work? Or if i should try and get married again or what? My laywer says i should get married again but i think i can prove that my marriage was in good faith. I am not yet in removal procedings. AHHH!!!!! What a nightmare, any help would be greatly appreciated.
I went to the interview and the adjudicator told me she needed to do more research. It seemed like she didn't believe a word I said. A few weeks ago, I got a letter stating I had failed to establish that I entered into my marriage in good faith. I am wondering if getting married and refiling again would work or what?
Well it sure doesn't seem bona fide to me either, just based on the fact that here you are asking if getting married and/or refiling again would work this time!
Please answer these questions before I can give you some advice or opinons...
Number 1. when you sent your waiver,did you include any evidence of the marriage was real,if yes what? When you sent your waiver,did you get the one year extention and also, did you get a notice and appointment for your biometrics? how soon sent after u sent your application,did you get the interview? what questions were asked???
I personally assume the marriage was not real,because you did not even proof by talking to us that the marriage was real.
And remember, immigration can only deny your application when you're unable to proof the marriage was real and entered in good faith.
I will ask you 3 question if you answer all question with "no" then the marriage was fake and the immigration will deny it.
1.)
Did you have sworn notorized affadavits from your ex spouse's parents and siblings and relative that Your marriage was real and entered in Good faith??? (very very important)
2.) Did you have pictures before the marriage(dating period) and during the marriage of you two,vacation pictures???
3.) Joint Income Tax?Did you have any joint insurance? like car,life insurance,or being on the same apartment lease,credit cards on both names etc???
This message has been edited. Last edited by: HBKHBK,
PS: usually when you sent your application,you are suppose to sent ALL and everysingle eveidence possible you,anything to show and proof the marriage was real...
Uusually people who sent all evidence on a waiver application with the package,get approved without interview.
If you sent a waiver and you sent nothing with your application to proof the marriage was real,you are most likely already denied (at the interview)
Originally posted by flyboyazab: Please help, I was married to a US citizen but got divorced a few months prior to my 2 year aniversery and had to go file my I-751 with a waiver that I entered it in good faith. I went to the interview and the adjudicator, told me she needed to do more research and it seemed like she didn't belive a word I said. A few weeks ago, I got a letter stating that I failed to establish that I entered into my marriage in good faith. I am wondering if I can refile, and if it will work? Or if i should try and get married again or what? My laywer says i should get married again but i think i can prove that my marriage was in good faith. I am not yet in removal procedings. AHHH!!!!! What a nightmare, any help would be greatly appreciated.
What evidence did you present to the AO? Marrying again would likely not help you, if there is a finding of failure of bona fide intentions in the first marriage. I'd gather as much infomration as you can and refile.
The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.
Posts: 1175 | Location: ..the natural world | Registered: 06-13-2005
a good attorney, would NEVER EVER advice to re marry someone else in case you got denied ofyour I 751.
A good attorney would advice you to gather everytingle evidence to establish the marriage is real and resubmit the package etc. There are many cases out out there where the i751 waiver was not approved,but by submiting more evidence (with an attorney) it got approved the 2md time.
And anpother thing,the Immigration officer doesn't give a **** about you,so they always talk BS by telling you "do not waste your time,you got denied etc etc" You can resubmit I751..remeber,if the marriage or any marriage was honestly and truly was real and you lived and did married things...its then so so easy and simple to proof and provice many many evidence the marriage was real.
Well, the marriage was entered into in good faith, I have an apartment lease with our names on it, joint checking accounts, bills, and unfortunatally, only a few pictures of us together, because they were all digital and she kept the computer. I have affidavates from friends. I am worried that if i am put into deportation procedings it will take a year to get this resolved. If refiling the I751 is the best option, how do I go about it? And also if anyone knows of any good laywers in Arizona or Texas, that would be great, since the paper work was filed in Arizona but i now live in Texas.
Can you please answer honestly here to us,the questions I have asked "how did you submit your I751 application,did you sent all the proof that the marriage was real and entered in good faith along with your application? did you ever get your one extension? and did you ever get your bio metrics appointment?
At the interview, what were the questions asked,and how did you respond??? please take your time and tell exactly how things went down at the interview.
Remember, the ONLY time INS can deny your I751 waiver,is if the marriage was fake and not entered in good faith.Usually its YOU who can proof the marriage is or was real. INS has to proof at court,your marriage was not real and not entered in good faith.Now the burden is on them, do you think they have a chance? Because at your application you should have submited tonz and tonz of stuff? Did you have a well written cover letter to them with your I-751 form.
How long have you guys known eachother before marriage and have dated and seen eachother? and when did you guys get married? do you have any proof of the dating period? cause remember thats important,because the ins wants to see if you entered in good faith menaing,where you guys in love before the marriage and got married because of love... do you have birthday cards, valentine days cards,x mas cards to eachother or to you 2 from others?
if you don't bother replying or answer evrything i mentioned,then I assume the marriage was not that real etc etc... now I as poster write you a long responds,in order to get information from you,but if you do not take your time to responds,I guess the ins denied you within their rights,cause u ain;t saying much.
Originally posted by HBKHBK: Can you please answer honestly here to us,the questions I have asked "how did you submit your I751 application,did you sent all the proof that the marriage was real and entered in good faith along with your application? did you ever get your one extension? and did you ever get your bio metrics appointment?
At the interview, what were the questions asked,and how did you respond??? please take your time and tell exactly how things went down at the interview.
Remember, the ONLY time INS can deny your I751 waiver,is if the marriage was fake and not entered in good faith.Usually its YOU who can proof the marriage is or was real. INS has to proof at court,your marriage was not real and not entered in good faith.Now the burden is on them, do you think they have a chance? Because at your application you should have submited tonz and tonz of stuff? Did you have a well written cover letter to them with your I-751 form.
How long have you guys known eachother before marriage and have dated and seen eachother? and when did you guys get married? do you have any proof of the dating period? cause remember thats important,because the ins wants to see if you entered in good faith menaing,where you guys in love before the marriage and got married because of love... do you have birthday cards, valentine days cards,x mas cards to eachother or to you 2 from others?
if you don't bother replying or answer evrything i mentioned,then I assume the marriage was not that real etc etc... now I as poster write you a long responds,in order to get information from you,but if you do not take your time to responds,I guess the ins denied you within their rights,cause u ain;t saying much.
Last thing? where are you originally from?
Well, first of all, I only subbmitted the bare minimum the application asked for, no cover letter, a few documents and only two pictures. Next the interview was 2 years after the fact and i had trouble remebering exact dates and some of the dates i gave overlapped, it was like a criminal interragation. Next, we dated for a year before we were married, and we were married for almost two years, but things ended very badly between us and at the time I submited the application, all i had was documents proving our relationship. She filed a restraining order against me, and i know everyone says this, but she was a lying and used it just to get me out of our house, because she was sleeping with her boss, who was a prominent member of the church she had joined.(sounds like a pringer episode i know) I am going to ressubmit with tonz and tonzs of stuff this time, Pictures, love letters, lease agreements, all that stuff, but I want to make sure they will accept it, and if they do will i have to go for another interview? Because the last one went bad. The lady flat out told me that she belived the "ink was still wet on all the applications before we were married" i couldn't afford the laywer at the time so i did it all myself, this time i'll get one. Also, I am from Canada Originally.
well your first problem was, u did not submit any evidence with your application.You should have done that....I mean,the i 751 package,should have been sent along with everysingle eveidence that supports our marriage was real and you guys really knew eachother and married for love...thats ALL ins cares for,and can deny you for.If the marriage was entered becaue of love aka good faith. Thats the only part u needed to proof. So your I751 package should have been as thick as if 5 magazines were in it...thats how mine was.
You need to resumit your I751 application.But you gotta do it with an attorney. But where did you sent your application and where was the interview and how long was the interview. This is what the attorney will ask you, what was asked and what did you answer and what did you answer wrongly etc etc...
Finally did you ever did your biometrics or you never got an appointment for that?
U need new affadvits, sworn-attest affadvaits, and notorized. The more the better,especially in a waiver case. Because affadavist are very very important.You need to get affadavits from your ex family members,if possible.Because Remember you have to proof the marriage was real and with affadits,its not only your word,but all the affadavits words against INS's....therefore,if INS denies you,THEY have to proof,the marriage was not real,and not you.And how can they proof your marriage was not real,if you have more proof and evidence that it was you know what i mean.Thats where affadavits come in play.
And if you look for aN ATTORNEY, make sure you find one that is mainly or only specialist in Immigration law, and not someone who is specialist in 20 different things.Usually they do not kno **** about the updated ins law etc etc....search online.I even saw examples how clients resubmiting the i 751 etc etc with a lawyer though.
This message has been edited. Last edited by: HBKHBK,
a good attorney, would NEVER EVER advice to re marry someone else in case you got denied ofyour I 751.
This case will be under review in removal proceedings. As plan B ...yes a good attorney will tell you to look at getting married again. it will of course be off the record so to speak.
If USCIS cannot prove hardcore fraud. New bonafide marriage will be adjudicated in removal proceedings by IJ.
If you are in the courthouse on front of the Immigration Judge,the following question will be placed "Proof to me this marriage of the defendend was fraud and not real and was just to get into the country" now the Immigration Officer is the MAIN and ONLY one that has to proof behind reasonable doubt the marriage was fraud and not enetered in Good faith.The burden is the Immigration Officer side,not the Immigrant. Now the Immigrant,should easily proof the marriage was real,with all sorts of evidence,such as Affadavits, Pictures,Insurance,Travel documents,Tax Returns,Proof of the couple lived together etc.
Therefore, believe me when I tell ya, the Immigration Officer who denies the removale of conditions also knows that.And I am very sure,they only deny cases when they know this was totally a fraud,and they sometimes interview them,just to be certain....
Listen the Only reason "this" attorney adviced you to re-marry someone else,if you and him already talked about,how the first marriage was actually not real. Because bottom line, if someone got denied because of i751 waiver,the attorney would right away ask "what did you sent as evidence? did you sent enough" did you sent this and that" did you sent good avadavits etc...
The only time an attorney then would say "if you truly wanna stay here, you gotta marry again,because your first marriage is not easy to proof that it was real...
I mean Look, his ex wife would not vouch for him,his ex in laws,or ex sister or brother in law wouldn't do an sworn affadavit that the marriage was real and entered of love etc etc...
Hi I have a similar problem. However I did submitted a lot of affidavits from friends and parents, life insurance policy, bills, joint accoutn etc.
However my final divorce date was later then the date I file the i750 for 8 days so that they denied my case.
My attorney help me to file a reopen motion and got denited again for the following reason.
it will be dismissed because: the motion to reconsider does not state reasons for reconsideration supported by pertinent precedent decisions to establish that the decision was based on an incorrect application of law or USCIS policy, a motion to reconsider a decision on an application or petition must, when filed, also establish that the decision was incorrect based on the evidence of record at the time of initial decision the conditional resident does not qualify for a waiver of the joint filing requirement because the divorce was not final at the time the petition was filed. previous denial decision will remain unchanged
My attorney said we will have to wait until the California service center send the case back to our local hawaii immigration office then I will have to do some biometrics to surrender myself. And we will have to go to court.
Please let advice if that is the best solution? Also I never had to go to an interview.
If more information is needed, I have my notice form the immigration. Please provide email so I can send it to you for reference.
Originally posted by AndyYew: Hi I have a similar problem. However I did submitted a lot of affidavits from friends and parents, life insurance policy, bills, joint accoutn etc.
However my final divorce date was later then the date I file the i750 for 8 days so that they denied my case.
My attorney help me to file a reopen motion and got denited again for the following reason.
it will be dismissed because: the motion to reconsider does not state reasons for reconsideration supported by pertinent precedent decisions to establish that the decision was based on an incorrect application of law or USCIS policy, a motion to reconsider a decision on an application or petition must, when filed, also establish that the decision was incorrect based on the evidence of record at the time of initial decision the conditional resident does not qualify for a waiver of the joint filing requirement because the divorce was not final at the time the petition was filed. previous denial decision will remain unchanged
My attorney said we will have to wait until the California service center send the case back to our local hawaii immigration office then I will have to do some biometrics to surrender myself. And we will have to go to court.
Please let advice if that is the best solution? Also I never had to go to an interview.
If more information is needed, I have my notice form the immigration. Please provide email so I can send it to you for reference.
Thanks.
Andy
Hi Andy & Welcome!
You might want to start your own thread - you don't want it to get buried here. Just click on New Discussion - and copy what you have here and paste there. Good luck.
someone12,you are so out of place and rude,is it every conditional resident case that get's a denial slip fraudulent? You better shut your mouth little boy!
Originally posted by flyboyazab: Please help, I was married to a US citizen but got divorced a few months prior to my 2 year aniversery and had to go file my I-751 with a waiver that I entered it in good faith. I went to the interview and the adjudicator, told me she needed to do more research and it seemed like she didn't belive a word I said. A few weeks ago, I got a letter stating that I failed to establish that I entered into my marriage in good faith. I am wondering if I can refile, and if it will work? Or if i should try and get married again or what? My laywer says i should get married again but i think i can prove that my marriage was in good faith. I am not yet in removal procedings. AHHH!!!!! What a nightmare, any help would be greatly appreciated.
Hhhmmmm...so to circumvent the process and cheat the Government you want to quickly marry another USC. Now this OP has confessed to a fraud that is about to take place. If the marriage was based on love and the marriage doesn't exist any more why don't you move back to where you came from?
I am not racist. I am not anti-immigrant. I am AGAINST CRIMINALS, FRAUDSTERS, WHO DISOBEY THE LAW, BREAK THE LAW AND PERPETRATE THE FRAUD.
You may not like what I have to say but that does not mean I am wrong.
Posts: 1617 | Location: For Women In Your Heart | Registered: 05-05-2008
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