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Results 1 to 8 of 8

Thread: Question to Mohan

  1. #1
    Guest
    I certainly want you here

    Hello Mohan,
    I have a question and you can spell the words any way you would like and I will be grateful for your response.

    My husband and I have an AOS interview in 10 days. I am a USC and my husband has been here 14 years, continuously. He was involved with a "notario" 7 years ago who filed a false marriage application on his behalf. My husband being young, and believing this person was a lawyer filing a legitimate application, signed the papers, paid the lawyer and received a SS card and work permit.

    We found out that the application was marriage when we went to an immigration advocacy center after we were married to file AOS. We did an FOI and saw the complete application for the first time. He has never had a deportation order against him.

    We will be bringing an I-601 with us to the interview with letters from my mother, father, supervisor at work, and the owner of the small company I work for stating the hardship on me.

    QUESTION: Should we bring an apology letter from my husband? As I understand this waiver, we are asking for "forgiveness". Do they want an apology?

    We will also be bringing our 3 and 1/2 year old son. This interview will be happening in San Antonio Tx. My husband entered on tourist visa in 1989 and overstayed. We applied during 241(i). We filed I-130 and 485 together. My husband has no criminal record. His first entry to this country was at 8 years old and stayed until 16 years old. Educated in Chicago public schools. He is Greek and has spent a total of 10 of his 32 years in Greece. The rest was US.

    I hope I have given all needed info and I thank you in advance of your reply.
    ANSWER:
    The marriage based petitions always needed the marriage certificate , so the first petition was filed on behalf of your husband was based on marriage. which makes him involved in marriage fraud in the past.
    I don't know if that was corrected or not. you did not mentioned it, if it still exists then his will not be adjusted.
    The letter you mentioned is the support of your I-601 if INS ask you fill it. This waiver is to prove the Extreme hardship to USC. If it will be proven in your case then , apology letter will not prove any hardship.
    g) Notwithstanding subsection (a), except as provided in section 245(e)(3), a petition may not be approved to grant an alien immediate relative status or preference status by reason of a marriage which was entered into during the period described in section 245(e)(2), until the alien has resided outside the United States for a 2-year period beginning after the date of the marriage.


    (h) The legal termination of a marriage may not be the sole basis for revocation under section 205 of a petition filed under subsection (a)(1)(B)(ii) pursuant to conditions described in subsection (a)(1)(A)(iii)(I). 11/ Remarriage of an alien whose petition was approved under section 204(a)(1)(B)(ii) or 204(a)(1)(A)(iii) or marriage of an alien described in clause (iv) or (vi) of section 204(a)(1)(A) or in section 204(a)(1)(B)(iii) shall not be the basis for revocation of a petition approval under section 205.



    I presume he broke continues presence after his 16th birthday. He is deportable also , IF INS want to prove your I-601 then you might be asked to file I-212 also.
    What is the status of I-130? Did they aproved I-130?
    What he did for his previous marriage and file with INS?

    You must take a good lawyer with you.

  2. #2
    Guest
    I certainly want you here

    Hello Mohan,
    I have a question and you can spell the words any way you would like and I will be grateful for your response.

    My husband and I have an AOS interview in 10 days. I am a USC and my husband has been here 14 years, continuously. He was involved with a "notario" 7 years ago who filed a false marriage application on his behalf. My husband being young, and believing this person was a lawyer filing a legitimate application, signed the papers, paid the lawyer and received a SS card and work permit.

    We found out that the application was marriage when we went to an immigration advocacy center after we were married to file AOS. We did an FOI and saw the complete application for the first time. He has never had a deportation order against him.

    We will be bringing an I-601 with us to the interview with letters from my mother, father, supervisor at work, and the owner of the small company I work for stating the hardship on me.

    QUESTION: Should we bring an apology letter from my husband? As I understand this waiver, we are asking for "forgiveness". Do they want an apology?

    We will also be bringing our 3 and 1/2 year old son. This interview will be happening in San Antonio Tx. My husband entered on tourist visa in 1989 and overstayed. We applied during 241(i). We filed I-130 and 485 together. My husband has no criminal record. His first entry to this country was at 8 years old and stayed until 16 years old. Educated in Chicago public schools. He is Greek and has spent a total of 10 of his 32 years in Greece. The rest was US.

    I hope I have given all needed info and I thank you in advance of your reply.
    ANSWER:
    The marriage based petitions always needed the marriage certificate , so the first petition was filed on behalf of your husband was based on marriage. which makes him involved in marriage fraud in the past.
    I don't know if that was corrected or not. you did not mentioned it, if it still exists then his will not be adjusted.
    The letter you mentioned is the support of your I-601 if INS ask you fill it. This waiver is to prove the Extreme hardship to USC. If it will be proven in your case then , apology letter will not prove any hardship.
    g) Notwithstanding subsection (a), except as provided in section 245(e)(3), a petition may not be approved to grant an alien immediate relative status or preference status by reason of a marriage which was entered into during the period described in section 245(e)(2), until the alien has resided outside the United States for a 2-year period beginning after the date of the marriage.


    (h) The legal termination of a marriage may not be the sole basis for revocation under section 205 of a petition filed under subsection (a)(1)(B)(ii) pursuant to conditions described in subsection (a)(1)(A)(iii)(I). 11/ Remarriage of an alien whose petition was approved under section 204(a)(1)(B)(ii) or 204(a)(1)(A)(iii) or marriage of an alien described in clause (iv) or (vi) of section 204(a)(1)(A) or in section 204(a)(1)(B)(iii) shall not be the basis for revocation of a petition approval under section 205.



    I presume he broke continues presence after his 16th birthday. He is deportable also , IF INS want to prove your I-601 then you might be asked to file I-212 also.
    What is the status of I-130? Did they aproved I-130?
    What he did for his previous marriage and file with INS?

    You must take a good lawyer with you.

  3. #3
    Guest
    Hello Mohan,
    There was no marriage.
    All documentation, like marriage license, was faked and added by the man my husband believed to be an attorney. My husband never saw any of this false documentation until we did the FOI. He never saw any of the correspondence from the INS. He wasn't aware that there was an interview scheduled for this petition. The INS considered the petition abandoned when no one showed up for the interview. The application looks like a third grader did it.

    I was a friend to my husband when he went to this person. He was very excited at the prospect of finally becoming a citizen and doing it legally, he thought anyway. I know that he did not knowingly commit fraud. We had friends who offered to marry him and take care of it but he refused. He wanted to do this legally and thought he was. I saw his face when we finally saw the false application. He was either shocked out of his mind or deserves an academy award.

    It was a scam, not uncommon in immigration, to take my husband's money and leaving him to deal with consequences for something he wasn't aware was happening. Scams against immigrants are not uncommon but obviously my husband has to answer for this to the INS.

    You said that "if" the INS asks for the I-601. Is there a chance they won't?
    The I-130 has been approved.
    He broke continuous residency at 16 but returned at 18 on a tourist visa and has been in the US the past consecutive 14 years.
    We have been referred to an attorney by the AILA who has experience and success with I-601 waivers and we meent with him on Thursday. What we have going for us is that my husband never went to any interview, there are some forgeries of my husband's signature in the false application even though he did sign the biographical info sheet (fake spouse's info was added after he signed) and the statement at the end of the application swearing eveything is true. If you have ever seen this page you know that it is a page of it's own and could be added to the end of anything the person filing for you wants to attach it to.

  4. #4
    Guest
    INS works on fact you/alien provide. If the marriage certificate and supporting document was fake the he should inform INS for hand.

    I think FOIA state that case is filed, and abondened. His signature of the statment is enough to prove him that he is responsible for filling the same paper which he signed.
    The problem you will have, document fraud occured. He got the SSN and EAD Based on fraudlent marriage.
    I think you better talk to attorney when you meet him.
    Yes, INS may not ask you to file a waiver,if it is not required, or if you apply they mey denied the waiver too.

  5. #5
    Guest
    Thank you for your reply Monhan.

    My husband could not inform them beforehand about false document. We found out when we did the FOI, 3 years after the application was filed.
    I do understand that this is document fraud and my husband will be held accountable for it no matter how little he knew.

    I am not too worried based on the case law that I have read including Abria and Salcido.
    My husband has been here 14 consecutive years, has no family ties to Greece and is completely accultured to the US having grown up and been educated here. He is also the primary care giver of our son, as I have a career that demands much more than a 40 hour week.

    I will let you know how it turns out but either way I won't give up and I won't let it make me worry or upset.

  6. #6
    Guest
    Try hard. If you are filing the hardship waiver then read the post of this board I posted previously. it might help you, make sure you know the facts and the language you are using to prove the I-601. Its Hard but not imposible..

  7. #7
    Guest
    MOHAN, I wonder if you read my post on my case...'husband deported'. So do we need to apply for i-601 or is the I-212 enough? Right now our attorney filed for I-824 for our application of approved I-130 and the pending I485 to be re-routed to the embassy he's at. Your help is much appreciated as i've read many of your posts / help to others.

  8. #8
    Guest
    I-824 is to send the approved petition to the consulates. this request is for the alien to get a immigrant visa. I guess your spouse is not in the US. Let me read your posting , first.

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