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751--Trying to withdraw my signature on the joint petition--A Level

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  • 751--Trying to withdraw my signature on the joint petition--A Level

    I signed the joint petition under duress and without "informed consent". My Alien Husband compiled the evidence and completed the application without any assistance from me. He presented the joint 751 application for me to sign early one morning. I refused to sign. Before signing I wanted to see the evidence, read the application, and do some "homework". He refused to disclose the evidence and pressured me until I signed. He did this because he knew it was very possible I would not sign. I had long suspected he was only in it for the greencard. Big surprise, he moved out after I signed!

    This is what I found on Informed Consent:
    Informed consent is a legal condition whereby a person can be said to have given consent based upon an appreciation and understanding of the facts and implications of an action. The individual needs to be in possession of all of his faculties, such as not being mentally retarded or mentally ill and without an impairment of judgment at the time of consenting. Impairments include illness, intoxication, drunkenness, using drugs, insufficient sleep, and other health problems.
    Since signing I have filed a petition to remove my signature and I contacted my congressperson for the application receipt number and for assistance with withdrawing my signature on the joint application. My congressperson has since succeeded in moving the application to the "A file", which I have been told triggers an interview among other things. Can anyone provide more information, such as what happens next? Do they require both of us at the interview? What is the interview consist of? Will they remove my signature automatically? Any information would be appreciated!

  • #2
    I signed the joint petition under duress and without "informed consent". My Alien Husband compiled the evidence and completed the application without any assistance from me. He presented the joint 751 application for me to sign early one morning. I refused to sign. Before signing I wanted to see the evidence, read the application, and do some "homework". He refused to disclose the evidence and pressured me until I signed. He did this because he knew it was very possible I would not sign. I had long suspected he was only in it for the greencard. Big surprise, he moved out after I signed!

    This is what I found on Informed Consent:
    Informed consent is a legal condition whereby a person can be said to have given consent based upon an appreciation and understanding of the facts and implications of an action. The individual needs to be in possession of all of his faculties, such as not being mentally retarded or mentally ill and without an impairment of judgment at the time of consenting. Impairments include illness, intoxication, drunkenness, using drugs, insufficient sleep, and other health problems.
    Since signing I have filed a petition to remove my signature and I contacted my congressperson for the application receipt number and for assistance with withdrawing my signature on the joint application. My congressperson has since succeeded in moving the application to the "A file", which I have been told triggers an interview among other things. Can anyone provide more information, such as what happens next? Do they require both of us at the interview? What is the interview consist of? Will they remove my signature automatically? Any information would be appreciated!

    Comment


    • #3
      I know the feeling of having been forced to sign under duress. If that is the case, did you inform USCIS of that?

      I'm curious why you commented on lack of "informed consent". I don't believe that would assist you, unless you were either intoxicated, drunk, ill or sleep deprived. What was there in the evidence that your husband compiled for the submission that would have caused you not to sign, that without informed consent, you did apply your signature to?

      Also, I'd like to clear up one point, as it seems either you, or the congressperson misunderstood the information USCIS shared.

      The application would not have been moved to the "A" file, but rather assigned a level A fraud classification.

      Prior to adjudicating a jointly filed I-751 petition, the director reviews it to determine the credibility of the evidence. In cases where it is determined that an interview would prove helpful in adjudicating the petitoin, it is sent to the local district office and assigned a fraud level. Levels A, B and C coding is used, relative to the quality of documentation/evidence submitted.

      If the submission appears complete and approvable, level C is assigned (Typically C indicates that the evidence is attached and comprehensive, the forms are complete, both parties have endorsed the form and the AO does not detect anything in the evidence or biographic data that would indicate the marriage was solely to circumvent immigration law)

      If the documentation is not complete, but the AO senses that the case can be approved, it will receive a level B classification. (B classification is reserved for a range of scenarios. Most typical, the application has no technical ommissions but either there is only the bare minimum of evidence, or it is limited in scope, but more importantly, there is something about the submission (either contained or absent) which the AO senses could be suspicious of the bona fide nature of the marriage). In this case, this classification is capable of being approved without an interview, if the computer does not select it randomly for an interview, unless there is some clearly inadequate documentation.

      On the other hand, Level A is assigned to cases where the AO has serious concerns with the substance or quality of the documentation and wishes to interview the couple. (This is more often than not due to either a missing endorsement on the form, insufficient or questionable evidence, untimely submission, lack of evidence that the couple are living together or some other element that causes the AO to wish to look further into the bona fides of the marriage). Level A cases are called for an interview.

      Having described the process, I'd guess that your contact with USCIS has triggered a fraud Level A classification, which should prompt an interview. Yes, you will both be required to attend, unless you were to contact USCIS and provide compelling evidence that your husband entered the marriage solely for immigration benefit.


      If you have reason to believe that he entered the marriage to circumvent immigration laws, is there a reason you are apprehenc=sive about informing USCIS? Is it that you don't have sufficient proof, but just an inkling? Have you given thought to the fact that if you do have evidence of fraud and if the petition is denied, you would spare yourself the obligation under the Affidavit of Support for the next who-knows-how-many-years?

      Comment


      • #4
        Thank you for your response!

        I brought up Informed Consent because my husband denied me the evidence. I have no idea what was in the evidence. I signed the 751 and above the signature area it states "the evidence is true and correct to the best of my knowledge" (under the penalty of perjury).

        I essentially had no appreciation or understanding of what I was signing.

        Comment


        • #5
          This is my first time posting a discussion topic. Being a "virgin", what do I do about the last post. Is that person "for real"? It is either a very inappropriate joke, which I suspect, or a reply from a mentally challenged individual. What do I do?

          Comment


          • #6
            This must be a joke right?
            here is what I don't get and again,no one even questions it.
            How come in the 1 - 2 years u have been married you never thought of fraud,until the point of I751? and You honestly are telling me or us "You signed it without the evidence?" aka...what are you talking about? The I751 is about to remove conditions on residence.You are still married? all the application says and needs to be included are few pics,documents,that "the marriage" was real and entered in good faith etc...

            What made you now change your mind 180 degrees and think "hmm its fraud" if its really fraud,what made you think the very very first time "the marriage is not real" how long have you been married and how long have you guys know eachother???

            And what has all that to do with congresman??? lol
            To me u make it sound like"your husband,showed you application and said " sign this part and thats all " is that what happened?

            Where is your husband from originally? how did you guys meet and got together? give some details please...this whole story is a bit confusing,like you didn't even know u were married lol...how did the marriage interview go to begin with?

            Comment


            • #7
              I shared my situation hoping to attract feedback from experts (lawyers, immigration officials, etc.) and individuals qualified to comment based on their experiences.

              What I had hoped to avoid was commentary from individuals making value judgments. A value judgment being an assessment that reveals more about the values of the person making the assessment than about the reality of what is assessed.

              My thoughts on the three replies thus far...

              1) Swissnut"”thanks for your objectivity and professionalism.

              2) *****"”besides your obvious problems forming declarable sentences, you also have a problem with Mexicans. Your racial slurs are not only offensive to me, but unsolicited. In the future, keep your comments to yourself.

              3) HBKHBK"”providing you any additional information is pointless, because it is my belief that it would only add to your enjoyment of my situation, which I don't pretend to understand, and benefit me in no way.


              I only hope that the **** posted AFTER Swissnut doesn't deter others from providing assistance.

              Thanks

              KaCee

              Comment


              • #8
                HBKHBK,

                KaCee wrote in her first post that the alien husband 'pressured' her to sign. I'm not sure what that means to you, but to me it indicates she had reservations, demonstrated them and was later subjected to some force. I'm not really certain that there could be anything within the evidence that he attached and wouldn't let her review, that she could have objected to, although if I were to speculate, it's conceivable that there could have been affidavits from people he had asked to provide that may not have been accurate.

                Placing her signature on the form without reviewing the evidence wasn't exactly a wise move on her part, if that is all that caused her to take pause, given the disclaimer on the form. If her interest is to draw attention to the fact that she has concerns that this alien did not have the right intentions when entering the marriage, I'd focus less on the issue of signing the form without ample opportunity to review it, if I were in her shoes, and more on the fact that she was given some sort of ultimatum to sign it. Based upon the fact that the regulations provide options for an alien that entered a marriage for bonafide reasons from being prohibited from filing a joint I-751 petition, there's little reason for an alien to use pressure tactics to force his/her spouse to sign the petition, other than one founded on trickery that is. A simply query with an immigration attorney could have cleared that up, if he felt his wife was impeding his immigration process.

                In my opinion, the gravamen of any claim KaCee might like to present to USCIS is not that she didn't have the chance to review the submission for accuracy, but that she signed it under 'duress'.

                Comment


                • #9
                  Bravo Swissnut!!

                  Thank you again!!!

                  Comment


                  • #10
                    Now the issue of what to do..

                    If a joint petition is pending adjudication and the parties divorce, the local district office is statutorily unable to adjudicate the joint petition and the alien would be required to withdraw it and file a waiver. He'd then be required to prove the marriage was legitimate. If there is information in his file that causes suspicion, he may be called for an interview. The onus would be placed on him to overcome any suspicion the AO has about the marriage, and alone.


                    If the marriage is still intact at the time the I-751 is adjudicated it could go either way, but your failure to attend any interview would have dire consequences on his successful adjustment.

                    You could write to the Service Centre over your jurisdication and the local office, alerting them to the fact that you have reason to believe your husband used the marriage to gain permanent residency and as a consequence you'd like to withdraw the I-751. Without clear and convincing evidence of fraudulent intent on his part at the point he entered the marriage, it's doubtful his petition will be denied outright, but it may create doubt and might trigger further investigation.

                    If the I-751 or waiver I-751 is denied, the Affidavit of Support (I-864) that you presented will become void.

                    Comment


                    • #11
                      Situation:

                      1) I signed the joint 751 petition under duress. I also signed the joint 751 petition not having seen the evidence. I did ask to see the evidence, but my husband denied my request. He pressured me until I signed.
                      2) Fundamentally, I want my signature removed because I have no idea what is in the evidence he submitted. There could be any number of documents and affidavits included that are not accurate.
                      3) I called USCIS wanting to remove my signature and they suggested filing a petition to remove my signature. I sent a letter and the petition to the Mesquite, TX office.
                      4) I did not hear anything after sending the petition and letter requesting the removal of my signature from the joint petition. I called USCIS and was told without a receipt number I could receive no information.
                      5) I called my congressperson. They were able to provide a receipt number and were also able to move the pending application from "C" level to "A" level.

                      My questions:

                      1) Does this mean an interview? I have been told there will be an interview.
                      2) What does the interview consist of?

                      Essentially, all I want is my signature back. He can then file on his own once our divorce is final. He did a lot of unethical things along the way and I don't care. All I want is now is to remove my signature. I should have been given the choice, free from pressure, as to whether I wanted to sign the joint 751 (BTW...I wouldn't have signed and he knew this...hence the pressure).

                      I just want to prove during the interview that there was no informed consent (no appreciation or understanding of the facts and implications of an action) and that I was pressured to sign. IMHO, they should remove my signature based on the above. Then he will have to file a waiver once our divorce is finalized. I essentially don't care beyond removing my signature, nor should I, it is not up to me.

                      Fraud is not something I want to bring up...

                      IMHO, forcing someone to sign and not disclosing the evidence is a symptom of fraud is it not?

                      Comment


                      • #12
                        Think of it this way...

                        If I had a choice as to whether to sign or not and chose not to sign, we would even be having this discussion....right?

                        He screamed at me and wouldn't let me leave our home until I signed. I signed thinking I had some recourse. I realized only later that it was going to be difficult to reverse my action.

                        Comment


                        • #13
                          I'm not certain that forcing one against his or her will to sign something is automatically fraud. It's certainly coercion, but I would suspect it only amounts to fraud if the party doing the coercing stands to or does gain something through this deceptive manipulation, without which he would not have. So, in essence, it all boils down to what was in the submission.

                          If you divorce and it finalises before adjudication of the jointly filed petition, you've achieved the same ends. He would have to file a waiver. However, and this is the key. Does he have evidence that might secure a successful decision on a waiver, that he secured without your consent or through improper means? If that's the case, then I'm not sure there would be any different outcome.

                          Further, as a US citizen, in a genuine marriage, the choice is not yours whether to sign or not. If you choose not to sign, the alien has options to remove the conditions alone, by virtue of the statutes and the failure to sign could take on a slightly different complexion. That said, you do have a choice to withhold a signature, if you have reason to believe the marriage was for immigration benefit alone.

                          I would have a quick consult with an immigration attorney. There *could* be some backlash that I could foresee, if you claim that only the evidence was at issue. When one considers the process of submitting the I-751, jointly, it is an affirmation, by the US citizen that the marriage was/is bona fide. The evidence submitted in support of the petition simply corroborates that in financial and residency terms.

                          I pose this question to you to ponder. What difference would the evidence make, if on the whole, you view the marriage as bona fide? If you don't view the marriage as bona fide, then of what matter is it that the evidence is accurate or not?

                          Comment


                          • #14
                            What came first, the chicken or the egg? Isn't that the argument?

                            Only now, after being forced to sign the joint 751, am I required to argue whether my marriage to my alien husband was bona fide or not.

                            Hypothetically, if my signature was never offered, we wouldn't be having this conversation. If the USC does not offer their signature and there is no grounds enabling the cruelty or hardship waiver the alien must wait until the divorce is finalized before filing a waiver of the I-751. I did not have to sign that joint petition. It was my choice whether to sign.

                            ***By signing the joint 751 you are essentially supporting the fact that your marriage is bona fide.

                            ***Not signing the joint 751 invokes other means by which the alien can obtain their GC.

                            Furthermore, you are missing the point! I don't care if my husband is able to file a waiver after our divorce. I don't care whether he eventually gets his permanent GC without any conditional status attached.

                            I just didn't want to offer support that our marriage was bona fide in the form of a signature on the joint 751. Without that signature he would have been forced to wait until our divorce was finalized before filing a waiver.

                            It is so simple...if my signature isn't present....it is up to him once our divorce is final....I don't have to prove anything.....talk about fraud....etc.....

                            Comment


                            • #15
                              No, not a case of chicken before the egg, at all. The question is:

                              Would you have signed the petition if he had shown you the evidence?

                              Comment



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