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I130/1485 with 2nd marriage spouse, will I be asked questions regarding 1st marriage?

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  • #16
    Hi Desperate,

    Not 4Now, but here are the links:

    http://www.uscis.gov/files/form/I-751instr.pdf
    http://www.uscis.gov/files/form/I-751.pdf

    Good luck!

    Comment


    • #17
      By failing to show up at the scheduled I-751, your permanent residency was terminated and the application was automatically rejected and no appeal is possible. In a new marriage, you will be questioned about the first marriage and failure to remove conditions. Because of the "no show", the short duration of the marriage, and weak documentation, it would be reasonable to conclude that the first marriage was a fraud and therefore you will not be permitted to get permanent residency on any subsequent marriage. The lawyer gave terrible advice. You should have gone to the I-751 interview with the first husband and explain the situation.

      Comment


      • #18
        thtas not true at all ..they filed the motion to reopen and iam sure her status was terminated bcoz she didnt respond for the RFE or she didnt go to the interview,,and this is considered abandoment ... and it has nothing to to with fraud,,she give up her status ..no fraud, no c r a p .... she will have to show that the first marriage wasn't fraud and thats all,, weak evidence is better than no evidence

        Comment


        • #19
          Hi desperate

          Thanks Proud, but that was not the information I was going to provide. but she will need that anyway

          Desperate..You are going to have to gather that documentation anyway in order to prove your first marriage. So you may as well get them now and file the 751 and be done with it. it proves the first marriage and satisfies the Immi officer of the first marriage incase your petition is denied.

          Read the following Despersate and you can see why it is more feasable to file the 751, and just how important it is to prove the first marriage in order to adjust in a second marriage.

          These excerpts of procedures references section 216 of the immigration marriage fraud amendments of 1986 8 CFR216

          a) General . The Marriage Fraud Amendments of 1986 ("IMFA") were enacted in response to a growing concern about aliens seeking permanent residence in the U.S. on the basis of marriage to a citizen or resident when either the alien acting alone, or the alien and his or her reputed spouse acting in concert, married for the sole purpose of obtaining permanent residence. Congress was particularly moved by the testimony of numerous citizens whose alien spouses had left them shortly after obtaining residence, as well as the testimony of Service representatives concerned with "marriage for hire" schemes. Congress also acknowledged the inherent difficulties faced by the Service in determining whether the marriage is fraudulent and whether the alien intended to leave the marital union once lawful permanent residence was granted.



          In response to these concerns, Congress passed IMFA, which added section 216 to the Immigration and Nationality Act. Section 216 created a conditional residence requirement for aliens who acquire permanent residence based on recent marriages. The condition being that persons subject to the provisions of IMFA were required to petition the Service two years after obtaining residence for removal of the conditional basis of the residence. Failure to do so, or denial of the removal petition, would result in the alien losing residence status and being removed from the U.S. as a deportabl e alien. Section 216 also includes a waiver provision because it recognizes that under certain circumstances (e.g., if the marriage had dissolved through no fault of the alien), the alien's loss of residence and deportation from the U.S. would be inappropriate



          <span class="ev_code_BLUE">The following Despertae is how the service handles a case:</span>

          (1) Determination of Credibility of Evidence . [Section (g)(1) updated 06-20-2006] The director of the regional service center shall review the Form I-751 filed to determine whether to waive the interview required by the Act.

          (a) Waive Interview and Accept . If satisfied that the marriage was not for the purpose of evading the immigration laws, the director may waive the interview and approve the petition.



          (b) Waive Interview and Deny . If after examining the evidence submitted with an I-751 petition, the Service Center Director finds that the case presents substantial and undisputed evidence that the marriage was to circumvent the immigration laws, the Service Center Director shall deny the case.



          (c) Interview Necessary . In cases where an interview is deemed useful for the adjudication of I-751 petitions, the Service Center Director shall forward the petition, along with the assigned fraud level, to the district director having jurisdiction over the place of the alien's residence.



          (2) Assigning Fraud Levels . [Section (g)(2) updated 06-20-2006] If an interview is deemed necessary, the case is sent to the Service Center's Adjudications Unit and given to an adjudicator to assign a fraud level. The fraud levels of A, B, and C are assigned to the I-751 based on the documentation submitted with the application. If the adjudicator is fully satisfied that the case is approvable, then a fraud level of C is assigned. If the adjudicator is less than fully satisfied, but still feels that (based on the information available at the time) the case can be approved, then a fraud level of B is assigned. If the adjudicator has serious concerns about the approvability of the case and/or wants the applicant and the spouse to be interviewed, then the case would be assign ed a fraud level of A.

          <span class="ev_code_BLUE">These will pertain to your case:</span>
          · <span class="ev_code_RED"> Reasons for Assigning Fraud Level A. Fraud level A should be assigned when the adjudicator strongly suspects fraud. Reasons fraud level A might be assigned include: </span>

          - the petitioner fails to sign the form;
          - there is insufficient evidence;
          - a large age difference exists between the spouses;
          - the married couple is not living together;
          - a prior I-751 was denied;
          - the petition was filed untimely without a good reason for being late; or
          - any other reasons as the service center director may determine.

          SEction 216:
          http://www.uscis.gov/propub/template.htm?view=document&...e=all&hash=0-0-0-197


          So I suggest you start digging and finding and this will be over very soon.

          Comment


          • #20
            hi 4now,thanks a lot for your time looking for the stuffs for me. Although I am still confused when I look at the materials you provided. The materials you provided only states that I need to prove the bona fide nature of my first marriage IF i am doing the petition (either joint or waiver) through that marriage. It is pretty obvious that I have to do so. But my question the whole time being what if I totally abandon my paperwork from the first marriage, give up my status, and do everything all over again with my second marriage, is there anywhere that it says that I HAVE TO still prove the bona fide nature of my first marriage. I've talked to my lawyer and brought up the points you guys said, but he said what's the point of wasting my efforts to sort through the materials from my previous marriage to file for the waiver when there is a big chance I will get denied. And it would take at least 2 years to get the result from that waiver petition. AND then after that, I still have to file paperwork from the 2nd marriage anyway. Then why not go ahead and do it now. And like you guys also say, if my waiver got denied, THEN I can file through my second marriage. (if my waiver got denied, doesn't that mean they don't believe my first marriage is real, then why should I continue to file with my second marriage)?

            Comment


            • #21
              what a loser and idiot this guy is ? i just dont believe that he's actually an attorney.... i dont know what u meant by either joint or a waiver? but u cann't do joint anymore bcoz ur divorced..but this is not the subject now ..first ... that idiot said what is the point of doing paper work from the first marriage? the point is u still have the right to do so and the point also that u will get ur 10 years green card instead of waiting another 3 or 4 years to get it . and why there is a big chance to be denied? what a loser he is..dont listen to negative people like him. and second what is it that will take 2 years to get results? no it wont take 2 years ..he doesn't know what he's talking about..once u file the i-751 waiver it takes 10-14 days and u will get ur 1 year extention ..and the process in every service center at this time is been taking 6 months ... so within the next 6 months u will have ur interview ,,and if proof ur marriage then thats it,, u will get ur gren card in mail within 2 weeks ,or 3 the most... so where is the 2 years? even 6 months or a year is still better than waiting another 4 years right? and third and this is realy funny bcoz he's an idiot..what documents u will still have to show from ur current marriage? if ur wiver is approved u will get ur 10 years card ..so u wont have to show anything,,thats it ,ur done with uscis , until u file ur n-400 ... and let me tell u something,, it seems to me that ur not really sure about ur first marriage ,so what do u think the io will think about ur current marriage? so it's better if u touch that spot before they mention it to u .. i seen ppl who filed for an i-130 and everything was going ok and the io At the local office put the file on hold until they bring evidence from the first marriage? the whole thing is in ur A# ... it wont just go away..and this is not ur choice or ur attorney's choice about starting all over...u will file based on new marriage if something goes wrong,,bcoz if something goes wrong with the i-751 waiver and they denied it ,,u will be in removal proceeding anyway,,and thats when the judge have the authoroty to review ur i-751 and either approve it or just adjust ur status based on the new marriage..so like i said and this is my advice for u ... try to get ur i-751 going anf forget about the new i-1-30 and i-485 at this time... and dont listen to that stupid lawyer anymore .and ur not listning to me,,this way is shorter and less money ,,and this is the only reason he's trying to go with other way,,bcoz it's more paper work and more time and courts maybe,,and all that coast money

              Comment


              • #22
                sure ,,,,listen to mike2007...did you know that he is the Grand Poobah of Immigration Law and that the Dept of Homeland Security wants to hire him immediately? (April fool!)....he acts as though he has seen every case that has passed across the desk of the Dept of Homeland Security or USCIS and that he sees every case in front of immigration judges, every alien seeking admission to the US....well sorry mike2007, it's just not possible.
                Anyone taking your advice would be better off eating mushrooms blind folded out of the forest.

                Comment


                • #23
                  of course i know everything,,,specially i-751 and i-130s ... iam very good on that and thnx for saying all that about me someone12 ..u dont have to ..i dont go to courts anymore and i dont take anymore cases , i just give advices online now and tell ppl how to get their green cards... but thats ok if u were fired from work because ur an idiot .. it will take you another 25 years to learn what i have forgot 10 years ago... but anyway, iam not ganna waste my time talking with u ,,and by the way ,,i refused to take that job ,,i dont feel like getting back to work now , i just wanna stay at home and relax and eat popcorn and drink beer .. and watch tv .. this is exactly what u do s12 ha? but anyway..yea just get that i-751 going and i will give u the questions they will ask u at the interview,,,dont waste more time,,just get ur gren card..fraud not fraud ,,just get ur green card ok .. they can't charge u with it ..they dont have evidence,,,dont worry about the fraud,,just get ur green card now .and pm me if u want ..good luck

                  Comment


                  • #24
                    and btw someone12, thy'r looking for ugly guys to scare the kids at the mall in ur area and they pay very good money too..but dont forget to get a haircut and shave ur sideburns too.. u will be ok man , go to www.scarethekids.com and fill out the application online and they will contact u within 2 weeks , good luck

                    Comment


                    • #25
                      Mike,check your PM's.
                      "Until the color of a man's skin is of no more significance than the color of his eyes everywhere will be war"...................BOB MARLEY

                      Comment


                      • #26
                        Desperate

                        you need to seek other counsel opinion.

                        check the processing times schedule on left of the board in blue area. find where the service center is that will process your 751 filing.

                        You will find that many are taking 6 months to a year. Even then... after you file the waiver, you will receive yet another extension letter extending your status until it is adjudicated.

                        You will have to prove the first marriage to not be a fraud in order to adjust thru a second marriage. ask an experienced immigration attorney... not your current lawyer... Lose that one.

                        Comment

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