She needs quantity as well as quality due to the suspicious nature of her case.

I wasn't speaking of photos and cards of evidence with her current husband, I was speaking of evidence that we have together. Obviously if she divorces and moves in with me we will have more evidence. I am really confused over this whole process.

why with u??? the 751 is filed based on the marriage with the current husband??? She has to prove that the marriage to him was valid!!! what happens with u is a completely different ball game.. She wants the restrictions lifted based on her current marriage.. she goes out and gets divorced and married to u later is completely not relevant ... First and formost PROVE THAT HER CURRENT MARRIAGE WAS TRUE.. this includes all the normal things that u would need has they continued together.. pics, letters, affidavits, joint bills, insurance the whole works...

Yes, I understand that. The reason for my last post was because somebody else told me that if for some reason her i751 gets denied and she gets placed in removal proceedings that I could still marry her and then the INS would check to make sure that the marriage between her any myself was bona fied and that that would superceed the removal proceedings.

It makes no differnece which cases you are referring to. For all cases, official documents are always strong evidences and cards, photo, and such anecdotal evidences are weak ones.

By the way, if I751 waver is denied on the basis of marriage fraud, she will not be eligible for adjustment of status anyway regardless of new marriage. So it's better to concentrate one step at a time.

Thank you for your help templar. I am just trying to cover any possible angle that could pop up. Any more advice you could offer me would be excellent.

quote:

Originally posted by ChrisP7683:
Additionally, as far as the validity of her first marriage, she has known her husband for over five years now, he is a USC and traveled back and forth from the US to his and her native country in the early stages of thier relationship. They have a apartment together, insurance, and life insurance, 2 credit cards, and a bank account together. Photos at parties and such. The engagement ring that he bought for her was well over 5000$. I am not exactly sure what the USCIS is looking for to exhibit proof but I am aware that they have all of the mentioned things together.

I also saw a few posts similar to you before here. This person got divorced after 2 years and filed for I-751 waiver and remarried to new USC. In spite of a lot of documents that shows real marriage, his waiver got denied and he was going to reapply through the new wife again after the denial.

About the post by the second person, she got pregnant with her boyfriend (next husband)while processing divorce with the first husband. Then she filed for I-751 waiver and it got denied. Then she reapplied with her new husband who is the baby's father, but they denied her new AOS and put her deportation based on her new AOS not her I-751. Immigration said to her it is sham marriage to sleepying around and dating around with someone except husband. In her last post, he was waiting for court ? (I don't reallly remember this name).

This message has been edited. Last edited by: myumyu,

You should be asking yourself why you are so desperate to marry someone who committed marriage fraud. Do you really think she will not do the same to you? Any finding of marriage fraud creates a permanent bar against getting a new green card. I know someone who got deported this way and even having a little green card baby did not help.

To get approved for a I-751 waiver (divorced) to remove the conditions are one and only issue relative.
1. Marriage was real, 2. U guys gor married because and only of love...

Now of a I-751 waiver or not, you need to proof that.Thats all.The only time INS can deny a I-751 application,waiver or not.If you are unable to proof the marriage was real etc...so the burden is on INS to show and proof the marriage was unreal in cas they deny,.Thus,the only time usually INS Denies it,is if they know easily its fake.
For one,2 months after u got the conditional and get divorce is a very very big alarm on their view.
Then in a case of a waiver, would your ex US citizen spouse and his or her parents,siblings vouch for you,swear that Your marriage to their son or daughter was real and entered in good faith aka love? ? ?
those are very very crusial evidence to support the marriage was real,besides other basic stuff like joint health insurance or credit cards,trips,tickets,joint car insurance,tonz of pictures showing the time you guys lived together before marriage and during marriage,pictures with friends and families (gatherings)
Showing mails,junk mails....bilss sent to you or your spouse,proving you guys lived together on the same place and received important mails and documents.Joint apartment lease etc...
tax returns jointly filed etc...

When you sent your I-751 application,especially for a waiver - you need to make it perfectly clear who ever views it,so they realize right away "this couple indeed was married and lived together etc"
Therefore,affadavits not just from friends,but from US citizens family and all,are sooo big evidence,your ex in laws should write a sworn affadavit and notorized that your marriage was real and was enetered in good faith.
Ultimately,you need to show and have proof.
Remember INS has the burden of proof to show the marriage was not real,therefore deny you.Otherwords,you will ONLY be denied if the marriage was not real and not for any other reasons...sure if you commited a crime etc,you'll be denied as well.But basically the deny can only happen if they feel and can proof the marriage was not real and was entered ONLY to get into the United States....

so you understand why you have to ohave good proof,to show that was not the case,therefore affadavits,sworn ones from ex spouse's family,and friends etc is very important.

But usually when someone is denied,either it was truly a scam,most people who scam do not even live together and don;t know s.h.it about eachother and hardly see eachother...and us citizen spouse sents an angry letter saying "he or she married me for green card" believe me INS recieved mails like that all the time...not that is shows is true...but u do not want that to happen.

But for anyone else,divorce or not,either way the supporting documents for removing conditions are the same...maybe more so with Waiver,but either way...it needs to be done.

quote:

Remember INS has the burden of proof to show the marriage was not real

This is completely wrong, especially for waver cases. If petitioners do not provide enough evidences, USCIS will certainly deny the waver. The burden of proof is on petitioners.

If USCIS actually has proofs that the marriage was not real, then it becomes more than just denial. It becomes marriage fraud case, and as such, incurs criminal penalty.

I also disagree with the opinion of which the affidavits are important evidences. They are the easiest documents to manufacture, thus, their authenticities are always in doubt. IMO, they are viewed as supplemental evidences.

Templar,
ctually my friend thats the law and not my opinion.
If a I-751 APPLICATION,Waiver or not is denied,You will receive a letter saying the application was denied and u are under removal process,and you can face the immigration judge.There,INS has the burden to proof your marriage was not real,not you as the immigrant.They put you to be removed and in court the INS has the burden,thats the law my friend and not my opinion.U doubt me still? look around the law INS law or just ask any attorney,once u face the immigration judge for an i-751 and for being denied,INS has the burden to sho and proof the marriage was not real.In otherwords,they can only deny you of the marriage was not real.Sure,if u have no evidence your marriage was real when u sent in your application and documents...they can deny there,but once again,u face the judge.Its your proof and against them,they have the burden!

Exactly,its a marriage fraud,thats why they remove you,but they have to proof it and many people do not know that and do not wanna fight it,usually the ones who do not wanna fight it are also the ones who are actually doing the fraud.

Reading what you say tells me you have not much knowdledge when you say Affadavits do not have much authenticies...

Now I am not hear to give you a quick lesson,but let me tell you this.I have a very good sence and idea and knowledge about the law aka immigration law,have a very no excellent immigration attorney aka know her.

An affadavit is soo important,especially in a divorce case aka waiver.
As far authenticy goes my friend.Thats why any affadavit needs to be sworn - attestet and officially notrized.And once is notorized,its like 110% authentic. Unless you think any person can notorized something lol.
You need to be present,need to show an offical ID who ever has written that statement,sign in with notor at witness,he or she signs it,seals it.

But also there are those,who do an affadavit,without notorization...thus means NOTHING.Then you could say,that can be fakle and written by someone else.By something signed by State Notar,is an official government signed notar,thats sealed.

quote:

Originally posted by HBKHBK:
Templar,
ctually my friend thats the law and not my opinion.
If a I-751 APPLICATION,Waiver or not is denied,You will receive a letter saying the application was denied and u are under removal process,and you can face the immigration judge.There,INS has the burden to proof your marriage was not real,not you as the immigrant.They put you to be removed and in court the INS has the burden,thats the law my friend and not my opinion.U doubt me still? look around the law INS law or just ask any attorney,once u face the immigration judge for an i-751 and for being denied,INS has the burden to sho and proof the marriage was not real.In otherwords,they can only deny you of the marriage was not real.Sure,if u have no evidence your marriage was real when u sent in your application and documents...they can deny there,but once again,u face the judge.Its your proof and against them,they have the burden!

Exactly,its a marriage fraud,thats why they remove you,but they have to proof it and many people do not know that and do not wanna fight it,usually the ones who do not wanna fight it are also the ones who are actually doing the fraud.

Reading what you say tells me you have not much knowdledge when you say Affadavits do not have much authenticies...

Now I am not hear to give you a quick lesson,but let me tell you this.I have a very good sence and idea and knowledge about the law aka immigration law,have a very no excellent immigration attorney aka know her.

An affadavit is soo important,especially in a divorce case aka waiver.
As far authenticy goes my friend.Thats why any affadavit needs to be sworn - attestet and officially notrized.And once is notorized,its like 110% authentic. Unless you think any person can notorized something lol.
You need to be present,need to show an offical ID who ever has written that statement,sign in with notor at witness,he or she signs it,seals it.

But also there are those,who do an affadavit,without notorization...thus means NOTHING.Then you could say,that can be fakle and written by someone else.By something signed by State Notar,is an official government signed notar,thats sealed.

Technicality aside, in practical situations, USCIS will and do deny your petition if you have not sufficient evidences. If you decide to appeal to immigration judges, that is another matter. However, if you lack sufficient evidences, the USCIS only needs to present circumstantial evidences (such as separation/devorce immediately proceeding the green card). Then your case would be in serious jeopardy.

As for the affidavits, the USCIS knows it is impossible to verify the truthfulness of the affidavits. If US citizen and alien are in cahoot for sham marriage, what stops the US citizen from writing an untruthful affidavit? For that reason, affidavits alone do not stand as adequate support.

It is commonly believed that when petitioners do not have enough documents to submit, affidavits are used as supplmental evidences. Majority of I-751 cases gets approved without including affidavits.

I think she can send I-751 waiver under the first marrige at first. After the divorce got finalized, you can marry her. If the I-751 waiver does not approved, then she can go back to her country to apply for K1, then apply for AOS in the U.S. I still don't think she can adjust her status here under you if she originally came here with K-1.

Here is the deal.Please read carefully.

She should and must apply and sent the I-751 application via waiver and must be divorced when its sent.
If she marries someone else before the I-751 waiver or afterwards,at one time she will be at an interview.
Number one she has to proof the marriage,original marriage was REAL.

But if she ges there already to the interview,as a remarried women to another man,after the divorce.She will most likely be denied and here is why.
They will look at her,and think "okay the first marriage ended,and she right away marries another man,just to be able to stay here,not because of love.
There was another girl here on this forum from russia,she got denied her waiver,because when she went to the interview,she was already married to another man and was pregnant,3 months after the original divorce.

I would not remarry,apply for the waiver,wait for the result or interview.
But if you remarry right after the divorce and before your consitions are removed.I am so sure it will be denied,just because so many people did it and got denied.For the reasons and similar reasons I have mentioned.

I will bascially look fishy,to say the least.
I personally think, a normal person would never ever remarry another person few weeks or couple months after a divorce,unless something else is up? and thats my opinion as a man.
Most people after a divorce wanna be alone,take some time...not remarry someone they hardly know,shorty after a divorce to secure their status,which actually does not secure the status at all,cause it will be looked at "only getting married again,to be allowed to stay here"

I think it would look bad if you apply for her AOS if her I-751 get denied. If you do it, it will look like you apply to avoid her from getting deported. Instead if she cancel the whole thing and go home and come back with k-1 visa, it may look better. I don't know which way you will choose. As for marrying someone after divorce, I see poeple do that. People meet someone to fall in love with while getting divorced. It takes a long time to finalize divorce here in the U.S. Good luck

AGAIN Let me state this in case you do not understand: IT DOES NOT MATTER HOW MANY TIMES SHE GETS MARRIED ! Once there is a finding of marriage fraud EVER; there is a permanent bar against EVER getting a green card. THEREFORE the alien must get the marriage fraud finding overturned in court. Otherwise forget it.

quote:

Originally posted by HBKHBK:
Here is the deal.Please read carefully.

She should and must apply and sent the I-751 application via waiver and must be divorced when its sent.
If she marries someone else before the I-751 waiver or afterwards,at one time she will be at an interview.
Number one she has to proof the marriage,original marriage was REAL.

But if she ges there already to the interview,as a remarried women to another man,after the divorce.She will most likely be denied and here is why.
They will look at her,and think "okay the first marriage ended,and she right away marries another man,just to be able to stay here,not because of love.
There was another girl here on this forum from russia,she got denied her waiver,because when she went to the interview,she was already married to another man and was pregnant,3 months after the original divorce.

I would not remarry,apply for the waiver,wait for the result or interview.
But if you remarry right after the divorce and before your consitions are removed.I am so sure it will be denied,just because so many people did it and got denied.For the reasons and similar reasons I have mentioned.

I will bascially look fishy,to say the least.
I personally think, a normal person would never ever remarry another person few weeks or couple months after a divorce,unless something else is up? and thats my opinion as a man.
Most people after a divorce wanna be alone,take some time...not remarry someone they hardly know,shorty after a divorce to secure their status,which actually does not secure the status at all,cause it will be looked at "only getting married again,to be allowed to stay here"

Not true! This is utter rubbish!

If she submits a waiver it is on the basis that the first marriage was legitimate but terminated in divorce. It does not matter that she has remarried. If she is denied her I-751 waiver on the grounds that there is insufficient evidence to support a bona fide marriage, she could apply once again to adjust status through the new marriage. She'd be back at square one.

if the waiver from the first marriage is denied on the basis that USCIS has reason to believe that the first marriage was entered into solely to evade immigration laws, then subsequent marriages would become suspect even if appealing to the IJ.

No disrespect or whatever, but alot of you miss understand things.
Its not how you and each and one of you guys view and see things.You guys need to see the things how INS officer view and look at things.

Like I said before believe it or not,call it rubbish and what not.If U are divorced,during I-751 and get remarried right after the divorce,EXCUSE ME,maybe not to you and me it will look usual or normal,but not to INS.
I as an officer would think as well though,if someone remarries someone else right after a divorce is very fishy,and thats how it will be looked like.
Rubbish thinking? well that what some "females" experienced,even on this board,check back in time about I751 denials and read what they write as reasons...

You are right however,it matters what the 1st marriage was about and all.
But remember,how this one guy on this board got denied,his original I751 waiver,and he told the interviewer, 'if you deny my application,i will file a new one with my 2nd wife" and that man also remarried within weeks after divorce and before the interview for the waiver.

I understand that the first marriage is what matters offically...but believe it nor,they'll look into the 2nd marriage and wonder 'why did you get married to this man,that fast after divorce? how long have you known him?

it doesn't fact is,INS views and looks at things differently...always look at things through INS eyes..they are the one making the decision.
And fact is,a normal person would never ever remarry another person weeks after a divorce,unless its about money or in this case greencard.I might be wrong, but I doubt it lol

Chris,
You have received advice from an attorney...an attorney whom, I trust is an immigration specialist. Now go to a second attorney and see if the advice varies. Never mind what you read here.
My concerns are these....why is she getting divorced from her husband. Did that only come about after she began her affair with you? There are some women who are always looking for the BBD (bigger better deal). If you think she may be one of those...Run, Forrest, Run!
The only way to take the "stink" off her situation would be for her to divorce the guy and return to her home country. You can then proceed normally through the fiancee visa process if you really think she's worth it.
If she's not willing to do that, it might say something about her sincerity.