I-751 pending and possible denial

[Willow]

My fiancee has a I-751 pending for over 2 years and most likely it will be denied since he doesn't have much proof for bonafide marriage.
He got married in Jan 2006 and came to this country in June 2006. His divorce was finalized in May 2007. I was previously married and also filed I-130 petition for my ex- husband but my marriage ended with an annulment in June 2010. I separated from my ex husband in Nov 2009. Would it look suspicious if we get married and might have a hard time with I-130 approval and what are the chances of him being approved through new I-130? Thanks in advance..

[Willow]

My fiancee has a I-751 pending for over 2 years and most likely it will be denied since he doesn't have much proof for bonafide marriage.
He got married in Jan 2006 and came to this country in June 2006. His divorce was finalized in May 2007. I was previously married and also filed I-130 petition for my ex- husband but my marriage ended with an annulment in June 2010. I separated from my ex husband in Nov 2009. Would it look suspicious if we get married and might have a hard time with I-130 approval and what are the chances of him being approved through new I-130? Thanks in advance..

[4now]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Willow:
My fiancee has a I-751 pending for over 2 years and most likely it will be denied since he doesn't have much proof for bonafide marriage.
He got married in Jan 2006 and came to this country in June 2006. His divorce was finalized in May 2007.


<span class="ev_code_RED">So he got married in his country and came here on K-3. Did he not come and live with his USC spouse? There has to be some proof of them living togehter and doing things since he got here. This is evidence. There must be some problem or indication of fraud from the usc in the file if it is taking 2 yrs to adjudicate. This is the problem. He should inquire about his application if it is outside of the processing time for his service center.</span>



I was previously married and also filed I-130 petition for my ex- husband but my marriage ended with an annulment in June 2010. I separated from my ex husband in Nov 2009.


<span class="ev_code_RED"> Iwill assume you are a usc. You do not mention the date you got married. Annulments are based on some type of fraud or some lack of disclosure by one party. What was the reason for your annulment? Did you withdraw/cancel all the petitions from uscis? It is important because of the I-864 that made you the financial sponser. You will need to be financial sponser for your new husband, and the old one will be counted as people that you support. You will need to make enough money to overcome the support guidelines.</span>


Would it look suspicious if we get married and might have a hard time with I-130 approval and what are the chances of him being approved through new I-130? Thanks in advance..


<span class="ev_code_RED">Why would it look suspicious if you got married? The I-130 is just a petition for relative. It will not gie him status in any way. The I-485 is the adjustment of status app. Yes there will probably be much scrutiny given to that app. It is best for him to find out about the pending I-751 in place for him. You cannot have two pendng apps for adjustment of status. He could withdraw the 751 and you could file the whole package for him. He will still have to prove the first marriage was bonafide before yours could be approved. The best way to do that is to have the 751 adjudicated.

Good luck
</span>



</div></BLOCKQUOTE>

[Willow]

4now,

Thank you for your reply.

No, he got married in India in Jan 2006 and came here in June 2006. They lived with ex-wife's parents so they didn't have anything joint. His ex-wife was in love with some other guy. His ex-wife took him to India in Sept 2006 and bought him a one way ticket without his knowledge. The ex-wife's cousin did write an affadvit for him though. The only proof he has is wedding pictures and affadvits.

Yes, I am USC. I got married in March 2008. I received annulment based on fraud since my ex-husband left as soon as he got his conditional gc. How do I withdraw I-864 support for the ex husband?

What would be the best - wait for the outcome of I-751 or get married and file for him? What if he gets denied on I-751? I thought INS has to have hard evidence for fraud conviction. What are the chances of him getting approved through me?

I did read earlier post by NY_200 who was also in a similar situation.

[4now]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Willow:
4now,

Thank you for your reply.

No, he got married in India in Jan 2006 and came here in June 2006. They lived with ex-wife's parents so they didn't have anything joint. His ex-wife was in love with some other guy. His ex-wife took him to India in Sept 2006 and bought him a one way ticket without his knowledge. The ex-wife's cousin did write an affadvit for him though. The only proof he has is wedding pictures and affadvits.



<span class="ev_code_RED">This is not much evidence. It of course may look like a sham marriage. Hopefully the parents wrote affidavits that he lived with them. He should have mail addressed to that address to be used as evidence.</span>


Yes, I am USC. I got married in March 2008. I received annulment based on fraud since my ex-husband left as soon as he got his conditional gc. How do I withdraw I-864 support for the ex husband?

<span class="ev_code_red">Really? Is this annulmnet granted from a court or from a religious org? YOu would have had to produced good evidence that it was a fraudulent marriage for greencard to be approved by a court of law. There are standards. After you received your annulment, you should have written uscis to inform them of the annu***net based on marriage fraud and gave them the details and certificate. You also should have requested that sponsership and previously approved apps be cancelled based on the fraud evidence that you submitted.</span>

What would be the best - wait for the outcome of I-751 or get married and file for him? What if he gets denied on I-751? I thought INS has to have hard evidence for fraud conviction. What are the chances of him getting approved through me?

<span class="ev_code_RED">You can get married at anytime, nothing is stopping you from that. Marriage is not relative to papers. He should inquire as to why it is taking so long for adjudication to help speed things along. tell him to use infopass. It is best to wait for outcome of 751 as he may get approved and you will not have to file papers for him. If he gets denied, then you can file the I-130 and I-485 adjustment. He is not currently out of status because he has a I-797 that is good from the I751 waiver filing.

Denial of I-751 does not automatically mean fraud. His denial can come because there was not enough evidence to prove good faith marriage, or short time married may be the issue. However be prepared for your marriage to be under scrutiny if you file for him.



</span>

I did read earlier post by NY_200 who was also in a similar situation. </div></BLOCKQUOTE>

[Willow]

4now,

Thank you again for your advice.

Yes, he doesn't have much evidence. The parents refused to write the affadavits.

I received my annulment through the court. I will write the letter to USCIS to end the sponsorship.

About filing new I-130/485 - as long as we have evidence he married me in good faith, he should be granted a new GC right. We will be opening joint accounts as soon as we get married. I will make sure to collect as much as evidence possible. What are the chances?

[4now]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Willow:
4now,

Thank you again for your advice.

Yes, he doesn't have much evidence. The parents refused to write the affadavits.

I received my annulment through the court. I will write the letter to USCIS to end the sponsorship.

About filing new I-130/485 - as long as we have evidence he married me in good faith, he should be granted a new GC right. We will be opening joint accounts as soon as we get married. I will make sure to collect as much as evidence possible. What are the chances? </div></BLOCKQUOTE>



You do understand that you cannot file a I130/I-485 adjustment for him just because you get married , right. This will only occur if he gets denied on the I-751 filing, or if he withdraws the I751 waiver filed.

If you have a bonafide relationship and a good faith marriage, you should not have a problem as it will show in the interview. 100% approval. However, it may be a rocky road to get there through stokes interviews etc. and being under scrutiny . Just stay the course and you will get an approval because it is bonafide relationship. Who knows, it may go without any hitches.


In the matter of your ex.. This should have been done right away. Your ex may have applied for I751 waiver to get his greencard. He may even have been approved (not likely but stranger things have happened) without that fraud letter accusation in the file, he can say anything. Be aware also that with the letter and annulment paper, uscis will place him into removal proceedings and revoke his greencard if they feel there is valid evidence of fraud. They will only free you of the sponsership if the fraud can be proven to a point of acceptance with them.

[NO AMNESTY!!!]

oh, what a tangled web we weave... anything hindus do is suspicious, they are well known primitive liars and cheaters. And I don't care if you call yourself Indian of Hindu, it's the same **** anyway.

[NO AMNESTY!!!]

that's c.r.a.p. like in elephant c.r.a.p.

[Terry Martin]

I agree with 4 now- if the processing time is taking that long and its outside the norm for your center, I would say your best course of action is to find out what exactly the status, is of the application. As they say knowledge is your best friend, once you know what the problem is, you'll have a better idea of how to fix it.

[siteilw]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Willow:
My fiancee has a I-751 pending for over 2 years and most likely it will be denied since he doesn't have much proof for bonafide marriage.
He got married in Jan 2006 and came to this country in June 2006. His divorce was finalized in May 2007. I was previously married and also filed I-130 petition for my ex- husband but my marriage ended with an annulment in June 2010. I separated from my ex husband in Nov 2009. Would it look suspicious if we get married and might have a hard time with I-130 approval and what are the chances of him being approved through new I-130? Thanks in advance.. </div></BLOCKQUOTE>

Hi:

There could be an investigation on his 751 since its pending for 2 years.
Did he get an interview and /or RFE? I would get in touch in writing with the heads of the service center and his local USCIS office to know about the pending case. Delay's mean that there is something not upto the satisfaction of the IO to approve the file, also not sufficient to deny.
Why not apply for N400?