My fiance was previously married and has legally been in the united states because she had applied for the remove of conditions of residence but her 751 was just denied. We have been engaged for several months. I read that if the judge says that she commited marriage fraud, I can't petition for her to stay. If we get married before the hearing, would that prevent us from this problem? I will marry her yesterday if it means that we can stay together and I'm very upset and worried. You can email me at any time. I live in Saint Louis Missouri.
She has evidence that prooves that the marriage was real in terms of insurance, pictures, affidavits, a letter from the ex (after the ex set an angry letter) but the immigration did not believe her because there were no children and because they did not share joint bank accounts. She didn't have a joint bank account because the man would not let her have a joint account. She wanted one but he was extremely frugal and selfish.
Please let me know what we can do. You will have my deepest gratitude.
Yet another frugal and selfish evil "abuser". Scott, I speak for us all; here is our collective advice; and I also speak from personal experience. RUN, do not walk from this disaster waiting to happen. She defrauded one guy with lies and deceit, she will do it to you; but only worse because now she knows the system; As God as my witness, you are only seeing the tip of the iceburg. Being frugal is a good characteristic in any society. You have a 'golddigger' on your hands ; or should I say a 'greendigger'. You seem to be a nice man, a good man. She is all sweet and innocent to you now. Eventually, she will make you out to be an abuser and be happy to have you put in jail - if you are lucky; dead if you are not In the end she will wreck your life, hopes and dreams. You will not know what hit you. Love does not require marriage. If she loved you she would stay with you without a marriage or a green card and still be happy.
Run man, Run for your life, and don't look back. NOW you can extend me your truly deepest gratitude for you have no idea how lucky you are to have this advice from me.
This message has been edited. Last edited by: SonofMichael,
............................... SonofMichael KING OF THE UNIVERSE
SoM - I don't see VAWA written on this anywhere. So let's stick with reality for a while, shall we?
Scott: Her I-751 was denied due to lack of evidence?
-------------------- "I predict future happiness for Americans if they can prevent the government from wasting the labors of the people under the pretense of taking care of them. " - Thomas Jefferson
Posts: 775 | Location: Las Vegas | Registered: 05-16-2008
The situation looks suspect. You getting married won't have any affect aside making it look even more like fraud. If USCIS says its bogus it probably was. There was more than just a lack of joint bank accounts. USCIS looks at the totality of evidence. So far you heard her's and a small part of USCIS. Being a hung jury you should investigate further before committing yourself to something which could be far worse than you imagine. Call the X, get his opinion. Ask your friends who know her for an 'honest' opinion. If it looks like a duck it probably is. If you decide its not worth the risk you will need to sneak away since you being the fiancee can be used for a GC under vawa. I suspect you will. I vote in accord with SOM.
Vote Republican and this country will still be worth sneaking into.
Posts: 4383 | Location: San Antonio TX | Registered: 06-08-2007
First of all, we have been together for over a year and a half. She told me up front the first time we went out that she had had been divorced and the background on her situation. I had the ability to walk away if I wanted to but we stayed together and it has worked out great. She knows every member of my family and is loved by everyone. She stayed with me every day when I was hospitalized and has been there in every trying moment since we have been together. My friends love her. My grandmother loves her. My parents love her. We go to church together. We do everything together. If we must, we will move out of the country together. She comes to my family reunions. I don’t know how much someone else can do to show love. So, I would prefer that you set any personal prejudices aside and help me look at the matter at hand and what I can do.
She was put in the immigration/removal procedures because the angry X wrote a nasty letter that made her look bad and accusing her of marrying him to come to the country. The ex later went back and sent in a letter explaining the situation logically and he explained his faults in the marriage and that they were in fact married and that he wrote the letter out of rage. However, the damage was already done at that point in time.
My fiancé said that she actually got put in the removal proceedings because when she was told that she had to set up a meeting for the removal of her restrictions she went to the immigration office and was given forms to fill out. Upon arriving, at the window, the clerk did not tell her that she had to speak with an actual officer. 3 weeks later she was told that they were starting the deportation procedures. That was years ago. She cleared up that it was a misunderstanding about the forms but she has been going to the judge every 3 months to prove that she has been doing everything legally and transparently.
In regards to the refusal of the form, I can tell you that it cited lack of shared accounts and lack of children and a very short period of being married as the cause. They did not have children. They were married for a total of 10 months and only 4 after getting the green card. She got divorced because it was not love and he didn't treat her well and like a wife. They did live together, they did share insurance. They did not share bank accounts because he was a bad husband and said that they could have joint bank accounts whenever she actually made as much money as him. The fact that he was a bad husband does not mean that she did not get married in good faith.
They did have joint insurance. She did send affidavits. She did send pictures of them to the people.
My fiancé also had dual citizenship in Bolivia and England. If she wanted to leave Bolivia for a nation with more opportunities, she could go anywhere in the European Union. She also was a pharmacist in Bolivia and is weeks away from taking her pharmacy exam here in the United States. She had the education and a good life at home and ended up marrying the ex because she fell in love. They have pictures before and during the marriage.
As a final note to the people quick to judge, she could reciprocate her license easily anywhere in the European Union without problems. She wants to stay here because we have since fallen and love and started a life together.
As you can see by giving little evidence as was done here initially you end up getting a negative opinion. Anyhow, her only option is probably a self petition for removal of conditions based on a bonafide marriage, the first one. The concern of USCIS is the first marriage. How she came to be on US soil to begin with. The situation with you isn't relevent to her case. If that was what she was doing and it was denied she may reopen or appeal. For that you should hire an attorney.
Vote Republican and this country will still be worth sneaking into.
Posts: 4383 | Location: San Antonio TX | Registered: 06-08-2007
We aleady did the self petition and were denied due to the reasons mentioned above. We are in the process of seeking out a new lawyer. The plan with the current lawyer is to schedule a trial with the judge. In the meantime, I'm wondering if getting married would make all of this a mute point.
That may very well be the ticket at this point. Going back to basic immigrant rules. If she entered legally and married a USC (you) it will probably fly. Be prepared to prove everything though. The burden of proof rests on you and her to show its for the right reasons. See a lawyer first though. There are a million things that can dictate the proper course of action.
Vote Republican and this country will still be worth sneaking into.
Posts: 4383 | Location: San Antonio TX | Registered: 06-08-2007
Originally posted by scottH: My fiance was previously married and has legally been in the united states because she had applied for the remove of conditions of residence but her 751 was just denied. We have been engaged for several months. I read that if the judge says that she commited marriage fraud, I can't petition for her to stay. If we get married before the hearing, would that prevent us from this problem? I will marry her yesterday if it means that we can stay together and I'm very upset and worried. You can email me at any time. I live in Saint Louis Missouri.
She has evidence that prooves that the marriage was real in terms of insurance, pictures, affidavits, a letter from the ex (after the ex set an angry letter) but the immigration did not believe her because there were no children and because they did not share joint bank accounts. She didn't have a joint bank account because the man would not let her have a joint account. She wanted one but he was extremely frugal and selfish.
Please let me know what we can do. You will have my deepest gratitude.
Scott, I hate to bring the bad news, but getting married would not prevent the problems. It appears USCIS is only looking at the ex first letter and not the second. And your explanation about no children and no jont bank accounts seam reasonable.
However, immigration court will be your only option and calling the ex would be at least risky. Even though the ex sent a subsequent letter, he may reciprocate in trial. However, I still believe to have the ex and place both letters for the judge to see. That is the only option I can see. Good luck to you.
Originally posted by scottH: We aleady did the self petition and were denied due to the reasons mentioned above. We are in the process of seeking out a new lawyer. The plan with the current lawyer is to schedule a trial with the judge. In the meantime, I'm wondering if getting married would make all of this a mute point.
Again, marrying her will not solve any problems Scott. Seeking a new attorney might help you with the Immigration court date, but that is your only option, unfortunately.
On what basis won't it help? You say that but I need to know why. Another lawyer with whom I spoke said that the rejection of an i751 is not the same thing as having commited marriage fraud and that needs a different document. I went and read the law on the website and it says that in order to be no longer eligible to apply for a visa you must have broken a law, been involved in illegal trafficking, or have committed marriage fraud.
I can understand why being remarried might not help with the removal of conditions. However, why couldn't I get married and apply for a new visa? We could then request to change her status to a spouse.
quote:
ONe lawyer said Just from general experience and similar problems I have seen here, your situation is complicated but not really beyond hope. Unless she lied to a USCIS officer or forged any documents, a denied I-751 is not grounds for future denial of petitions. You might want to hire an attorney but as long as she is currently in status (not illegally in the US), and you guys are a bona fide couple, there will be a way. It might take a little while, they might grill you at interviews and you might have to pay a waiver her or there but in the long run I would say your chances of her staying (or, in the worst case, reentering on a fresh K3) are close to 100%. If you intend to marry anyway, I would go ahead and do it. That way you have a vested interest in her staying and courts as well as uscis honor a citizen´s interest above a non-citizen´s appeal (just my layman´s opinion). Also, once married, she can file to adjust status as your spouse.
Another lawyer said
quote:
Well first and foremost denial of a 751 does not mean that there was a fraudulent marriage. That is a seperate determination. If you marry sure it will help if immigration places her in removal.
Rushing into a legal marriage isn't my first choice. However, I have to live within my limitations. I could have a legal marriage and then continue with my church marriage in October. Our appointment with the judge will be August 19th and we will then have to schedule a trial.
It seems to me that everything she has done has been legal and through extensions. Thus, she never defrauded the government or committed any crimes. Thus, I think she should be able to apply for a different visa.
On what basis won't it help? You say that but I need to know why. Another lawyer with whom I spoke said that the rejection of an i751 is not the same thing as having commited marriage fraud and that needs a different document. I went and read the law on the website and it says that in order to be no longer eligible to apply for a visa you must have broken a law, been involved in illegal trafficking, or have committed marriage fraud.
USCIS is accusing her of marriage fraud!
As far as I-751 goes.. she got denied, The 2 year conditinal status for Immigration is a test whether couples married in good faith and she didn't make it not to mentioned she didn't have enough evidence.
I hope the senior members here will correct me if Im wrong on this one... upon I-751 denial she's now on illegal status!
Marrying her the more the Immigration will suspect that she's green card scammer!
Try to talk it more with a lawyer on your options.
On what basis won't it help? You say that but I need to know why. Another lawyer with whom I spoke said that the rejection of an i751 is not the same thing as having commited marriage fraud and that needs a different document. I went and read the law on the website and it says that in order to be no longer eligible to apply for a visa you must have broken a law, been involved in illegal trafficking, or have committed marriage fraud.
I can understand why being remarried might not help with the removal of conditions. However, why couldn't I get married and apply for a new visa? We could then request to change her status to a spouse.
Scott, USCIS is looking at her prior marriage, not yours. If you marry, then you would apply for adjustment of status through the I-130 and I-485. Although the I-130 will be approved, there is an substantial risk that the I-485 could be denied too. Either way you look at it, USCIS will look at the first marriage and then yours. But if you can clear up the I-751 issue, then it will be smoother for both of you.
if you look at the first lawyers response, he did give some warning by stating you might have to pay for a waiver, And keeping in mind that rushing into marriage is not your first or second option, and if USCIS hears this, it could deny the petition.
All I am saying is you have two choices: fight the I-751 denial or marry her and apply for a new adjustment of status. I just think that the first option is better because the ex sent to completely opposite letters, that USCIS is only seeing that letter, and ignoring the facts and circumstances of the shot marriage. You have a better chance with the first option than with the second. At least that is my opinion.
I wold suggest seeing a couple of good immigration attorneys and proposing the alternatives and ssk them which one is better. That would give you the answer you are looking for. Hope this helps.
On what basis won't it help? You say that but I need to know why. Another lawyer with whom I spoke said that the rejection of an i751 is not the same thing as having commited marriage fraud and that needs a different document. I went and read the law on the website and it says that in order to be no longer eligible to apply for a visa you must have broken a law, been involved in illegal trafficking, or have committed marriage fraud.
USCIS is accusing her of marriage fraud!
As far as I-751 goes.. she got denied, The 2 year conditinal status for Immigration is a test whether couples married in good faith and she didn't make it not to mentioned she didn't have enough evidence.
I hope the senior members here will correct me if Im wrong on this one... upon I-751 denial she's now on illegal status!
Marrying her the more the Immigration will suspect that she's green card scammer!
Try to talk it more with a lawyer on your options.
USCIS has not formally accused her of marriage fraud and it is unclear what the exact reason was for the denial. Scott did state that USCIS did not see enough evidence for a bona fide marriage, but I suspect they are looking at the first letter of the ex, not both letters. either choice he chooses will still look at her first marraige.
If anyone tells you "marry not or you will be accused of fraud", then I say there is no better way to prove your true intentions than to marry whom you really want to marry. Only a fraudster would cave in and not marry one of his/her choice just because anyone may accuse them of fraud.
This being said, I would suggest you be very careful before marrying anyone. Make sure you don't base your decision on Eros! (Eros = when you are crazy about her b.oobs and asssets with no true feelings involved but everyone around repeats the mantra "Uh, you must be so in Love with her!!"). But if there is Agape, Philia and Storge, then go for it, fight for it and die with it if necessary. Though I wish you not the death, only happy marriage and long life, together with your future spouse !
Good luck, Sabuntium
Have all the good s.ex you can, in all the ways you can, for as long as ever you can !
-- Sabuntium The Great
Posts: 745 | Location: Originally from: Galaxy of Centaurus A (also known as NGC 5128) | Registered: 06-26-2008
So you don't believe me? Here's my proposition to you. Tell her that you have officially renounced your US Citizenship in front of a counselar and you want to move to Elbonia or wherever she is from. Tell her that you are willing to do this because 'love knows no borders' and you can not live in such an abusive country as America. See what happens. She will dump you faster than a speeding bullet, you seem to be willing to take insane risks so I dare you to do this one.
You wrote "he didn't treat her well and like a wife. ... They did not share bank accounts because he was a bad husband ". I wonder how you know this.
REALLY ? You also wrote "The ex later went back and sent in a letter explaining the situation logically and he explained his faults in the marriage". Is that something a bad husband would do ? I think not. Why not call him up and discuss it with him? I guarantee he would love to chat with you. Are you so stupid to believe everything she is telling you?
You seem like a spineless wimp for ignoring my excellent advices. You come here and bad mouth this man you know nothing about. She scammed him and you think you are so wonderful and superior to the other guy. I highly doubt that you are. You ask for advice and you get expert advice and then you argue back. Why bother asking for advice if you are not going to listen to it. I am taking this as a personal insult.
............................... SonofMichael KING OF THE UNIVERSE
Add to del.icio.us
