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Thread: Bizarre I751 Denial

  1. #1
    Hi All,

    I am in dire need of some advice here. I have been a conditional permanent resident since July 2004 through marriage. Then in May 2007 I applied to get the conditions removed. After a lenghty waiting period, I received a letter saying that my case had been transfered from TX to the VT service center. Then in Sept 2008 I was asked to go for another biometrics session, even though I had already taken one back in 2007. Finally I was invited for an interview on Dec 2008. I went with my wife and we got separated for the interview. My wife was interviewed first and then me.

    Later I received a letter saying that my I751 application has been denied because of "fraudulent marriage". The reason this is bizzare to me is that my marriage was entered into with good faith. The following is a short background to my case:

    While waiting for approval of my I-485 application, I applied to 3 diffrent grad schools (2 of them were in-state and one was out of state). Sadly, it was only the out-of state school that granted me admission. I had no choice than to accept the offer from the out-of state school. As a result I "moved" out for school. I made sure to visite home as often as I could, and my wife visited me when she could too. I finished school in May 2007, but unfortuantely again, I couldn't get a job in my original state so I accepted a position in another state - a 3rd state. Since then, my wife and I have been planning to have her move to join me. That has not been possible for a number of reasons, two of which are my two step daughters and my sick mother-in-law. In the meantime though, I visit home regularly.

    During this time, my wife has had to spend a lot of time at her mom's residence and less at our own, especially when her mom's health situation worsened. As a result she, has had to receive some mails and even have her paycheck sent to her mom's address. I believe this is what the Immigration Services noted and suspected that my marriage is not genuine. I am sure that the fact that I have'nt "lived" continuously at our address for a while made things worse. The denial letter suggests so. It also refers some minor discrepancies between what my wife told the immigration officer and what I told him during the interview. For instance, my wife told him that since I couldn't be home for her birthday, I sent her some money to buy herself something in addition to the card that I mailed her. But I, on the other hand, told him that I only sent her a card for her birthday. I didn't mention the money part because quite honestly I forgot that I told my wife to use it to get herself some b'day present... Even though I sent her the money the day before her b'day, I don't recall that my intention for sending the money was solely for her birthday. Another discrepancy was about the date that I flew into town for the interview. I don't know what I was thinking when I answered that question, but I said it was the 28th and she said it was 25th (she's correct and I have the airline boarding pass to prove it).

    My case is not one of those were the spouse claims fraud and seeks divorce before the I751 is approved. We both like each other and she's standing by me.

    Is it normal for an immigration officer to classify a marriage fraudulent under such circumstances?
    What is the best way to handle a case like this?

    I am planning to obtain the services of an attorney and my wife is currently talking to some friends for their recomendations for good attorneys.

    I the meantime, I'm looking to get some help from this forum. Has anyone had such an experience?

    Thanks

    dolbdolb

  2. #2
    Hi All,

    I am in dire need of some advice here. I have been a conditional permanent resident since July 2004 through marriage. Then in May 2007 I applied to get the conditions removed. After a lenghty waiting period, I received a letter saying that my case had been transfered from TX to the VT service center. Then in Sept 2008 I was asked to go for another biometrics session, even though I had already taken one back in 2007. Finally I was invited for an interview on Dec 2008. I went with my wife and we got separated for the interview. My wife was interviewed first and then me.

    Later I received a letter saying that my I751 application has been denied because of "fraudulent marriage". The reason this is bizzare to me is that my marriage was entered into with good faith. The following is a short background to my case:

    While waiting for approval of my I-485 application, I applied to 3 diffrent grad schools (2 of them were in-state and one was out of state). Sadly, it was only the out-of state school that granted me admission. I had no choice than to accept the offer from the out-of state school. As a result I "moved" out for school. I made sure to visite home as often as I could, and my wife visited me when she could too. I finished school in May 2007, but unfortuantely again, I couldn't get a job in my original state so I accepted a position in another state - a 3rd state. Since then, my wife and I have been planning to have her move to join me. That has not been possible for a number of reasons, two of which are my two step daughters and my sick mother-in-law. In the meantime though, I visit home regularly.

    During this time, my wife has had to spend a lot of time at her mom's residence and less at our own, especially when her mom's health situation worsened. As a result she, has had to receive some mails and even have her paycheck sent to her mom's address. I believe this is what the Immigration Services noted and suspected that my marriage is not genuine. I am sure that the fact that I have'nt "lived" continuously at our address for a while made things worse. The denial letter suggests so. It also refers some minor discrepancies between what my wife told the immigration officer and what I told him during the interview. For instance, my wife told him that since I couldn't be home for her birthday, I sent her some money to buy herself something in addition to the card that I mailed her. But I, on the other hand, told him that I only sent her a card for her birthday. I didn't mention the money part because quite honestly I forgot that I told my wife to use it to get herself some b'day present... Even though I sent her the money the day before her b'day, I don't recall that my intention for sending the money was solely for her birthday. Another discrepancy was about the date that I flew into town for the interview. I don't know what I was thinking when I answered that question, but I said it was the 28th and she said it was 25th (she's correct and I have the airline boarding pass to prove it).

    My case is not one of those were the spouse claims fraud and seeks divorce before the I751 is approved. We both like each other and she's standing by me.

    Is it normal for an immigration officer to classify a marriage fraudulent under such circumstances?
    What is the best way to handle a case like this?

    I am planning to obtain the services of an attorney and my wife is currently talking to some friends for their recomendations for good attorneys.

    I the meantime, I'm looking to get some help from this forum. Has anyone had such an experience?

    Thanks

    dolbdolb

  3. #3
    Hmm... and so, it's an I-751 case once again. It's almost expected who'll jump into this at once like clockwork. Interesting!

  4. #4
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Is it normal for an immigration officer to classify a marriage fraudulent under such circumstances?
    What is the best way to handle a case like this? </div></BLOCKQUOTE>


    What other evidences did you present with the joint petition filed? tax returns, house lease, etc.?


    And yes, it is routine for uscis to deny and label such marriage as fraudulent based on seperate residences, little evidences, and questionable discrepencies in answers of stokes interview.

    Howver, the burdon of proof that it is fraudulent is on uscis to prove in court.

    Best advice

    Run dont walk to seek experienced attorney in deportations and marriage fraud. Do not get an inexperienced immigration attorney in this matter.

    What is the current story right now in your relationship. It sounds like a marriage of convenience just from your writings. what are your intentions for the relationship?

  5. #5
    My instincts seldom fail!

  6. #6
    Thanks for yous response.

    I submitted the following as evidence:

    Statements from closed Joint bank account
    Life insurance
    lease documents
    some utility bill
    pictures


    The bank account i submitted was closed due to some problems.

  7. #7
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Rough Neighbor:
    Hmm... and so, it's an I-751 case once again. It's almost expected who'll jump into this at once like clockwork. Interesting! </div></BLOCKQUOTE>


    stalker now RN...? We all know that you are not qualified to jump in now dont we.
    God forbid that you will just give your outdated advice as well as your opinion without merit as I recall

  8. #8
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Rough Neighbor:
    My instincts seldom fail! </div></BLOCKQUOTE>

    RN...sweetheart Happy New Year ! Long time, been desperately waiting for you hun. Lets pick up our chat where we left off
    If Democrats Had Any Brains, They'd Be Republicans

    Democrats - Brave enough to KILL our unborn, just NOT our ENEMIES!

  9. #9
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Rough Neighbor:
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by 4now:
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Rough Neighbor:
    Hmm... and so, it's an I-751 case once again. It's almost expected who'll jump into this at once like clockwork. Interesting! </div></BLOCKQUOTE>


    stalker now RN...? We all know that you are not qualified to jump in now dont we.
    God forbid that you will just give your outdated advice as well as your opinion without merit as I recall </div></BLOCKQUOTE>

    Nah! Only when provoked. And what else do you know aside from what you've gone through in immigrating? I hate to say fraudulent as it could probably have been. </div></BLOCKQUOTE>

    I wholeheartedly agree with you RN.
    If Democrats Had Any Brains, They'd Be Republicans

    Democrats - Brave enough to KILL our unborn, just NOT our ENEMIES!

  10. #10
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by 4now:
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Rough Neighbor:
    Hmm... and so, it's an I-751 case once again. It's almost expected who'll jump into this at once like clockwork. Interesting! </div></BLOCKQUOTE>


    stalker now RN...? We all know that you are not qualified to jump in now dont we.
    God forbid that you will just give your outdated advice as well as your opinion without merit as I recall </div></BLOCKQUOTE>

    Stalker? Nah! Only when provoked. 'Advice' on a public forum, or just 'opinion' in an anonymous cyber discussion? Haha! What do you think you are? And what else do you know aside from what you've gone through in immigrating? I hate to say fraudulent as it could probably have been. That's why you hate others who're trying to do their own thing. A clear case of a thief hating a robber and vice versa.

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