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NEED TO RENEW PASSPORT BUT NO LONGER "MARRIED"

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  • #16
    Very simply...bc it was simply for a GC - not exactly bona fide. As for applying for him, if he gets out of his situation and I get out of mine (I was in a bona fide marriage that fell apart but my "husband" was illegal as well - he is now at legal resident status), then we will and since I have been through this once before I know pretty much everything about what papers to get together, etc. etc. BUT doesn't he still have to prove that his FIRST marriage was bona fide or else they can use IMFA - immigration marriage fraud amendments - against him?

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    • #17
      The I751 petition asks for the evidences to be included with the form. Why did he and she not include them, when they filed jointly, or was it a case that what they supplied was not sufficient?
      Am I understanding this correctly, that his marriage was for immigration benefit only and not bona fide?

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      • #18
        Janet:

        Although you have tried your best to give as much as information on your boyfriend's immigration case, yet still lots of unanswered/puzzled questions out there, which are surely seemed to be missing here, like why did it take 7 years for his case to process? Since it never takes that long to process a marriage based case with USC no matter how busy INS is, unless there is a very unusual situation exists. And it is seemed that you are unaware of that unusual situation at this time on this. Based on the little information provided by you, I can only assume some of the situations about why it took so long for his case to process, like-it might be possible that your boyfriend and his wife filed the whole paper work very late after getting married, or it might be possible that they did not follow up with INS on his case before, or they were kept moving around so many times in the past, which delayed the processing of his case in the past. Nevertheless, it is not important now.

        Let me understand correctly and correct me if I am wrong. You are saying that you have a boyfriend, who is still married to another lady. That lady is a USC and your boyfriend got his conditional residency thru his wife. They jointly filed I-751 to have his condition removed from his permanent residency status, but his wife did not attend the interview with him on I-751. Now, he wanted to get the stamp on his passport again as to his status, but INS refused to stamp his passport, and he found a note in his immigration file that his case is appeared to be a fraud because of lack of proofs to prove bonafide of his marriage with his wife. Am I right in understanding your boyfriend's case?

        Let me give you my insights on your boyfriend's case. There is no doubt left in my mind that your boyfriend is hiding lots of facts about his marriage/his immigration case from you, or he is not as much clear as he should have been. As well, he should not have attended I-751 interview by himself if I-751 was filed jointly. Because there is no way in the world any INS officer will approve a jointly filed I-751 in the absence of both signing parties at the time of interview. Instead he should have postponed that interview on that jointly filed I-751, and in the meantime he should have tried to get divorce from his wife so that he could be eligible to file I-751 by himself under waiver provision. I don't know who advised him to go alone on the interview, or why he went there without the full knowledge of immigration process. Now, he should move fast to get divorce from his wife. Because if he will be appearing in front of immigration judge, then judge won't grant him any adjournment for his removal proceedings in order him to get divorce from his wife so that he could be eligible for a waiver on I-751, because judge will rule that he had enough time to get divorce from his wife if he was really interested to secure his immigration status. As you may know, he can file divorce even if his wife won't sign divorce papers, because divorce is granted by a family judge and not by the spouse. When we talk about signing the divorce paper by spouse, then it means to resolve issues between the parties without court having resolved those issues. And I don't think your boyfriend has any issue to resolve with his wife, like child custody, child alimony, spousal alimony, equitable distribution of marital property and etc unless they do have these issues to resolve.

        It is also true that he might have found a note in his immigration file about his marriage to be appeared as fraud, because each and every file contains a legal memoranda wherein adjudication officer or the clerical staffs who work under that adjudication officer, write that legal memoranda. This is about a case history in very short. When any court or other agency reads a case, they read only this memorandum in order to get the grip of the case first. I'm just wondering where your boyfriend's case is standing up now, because if INS has already made their conclusion on his case being having found something about fraud, then his status should have been terminated right away, and he is supposed to be on removal proceedings at this time, unless he is making the assumption of all these things by himself. You should know that if he doesn't have any proofs to prove the bonafide of his marriage, then it doesn't mean that marriage was indeed a fraud marriage. Lot of folk doesn't have any proofs to prove their marriage even though they have real marriage. But then he should be ready to explain in a logical sense why he has no any proofs. By the way, I am wondering why he has no any proofs to prove the bonafide of his marriage? Did they [your boyfriend and his wife] attend first interview [AOS] without any proofs?

        Just want to let you know that if you (of he) are thinking that he can just drop the case with his wife and divorce her, then you guys can get marry and can file a case for him thru you, then you are completely wrong. Because, if he is found to be involved in fraud then even marrying with another USC (you) won't bail him out. If his case is denied for something else then situation would be different and then second marriage can bail him out, but not when INS has already opened their "third eye" by making the finding of fraud. I think I don't need to tell you what is the meaning of "third eye". By the way, it is located in the middle of forehead, without being seeing. There would always be a red flag (a notation) on his file even if INS won't be able to prosecute him for marriage fraud in the absence of any evidences. So, the best bet for him is to get divorce from his wife as soon as possible, and then file I-751 based upon waiver along with whatever proofs he has. And if he has nothing, then try to get affidavits from 3-4 people who know about his marriage and he should also be submitting an affidavit from his part explaining all about his marriage. These affidavits work same as evidences. However, he cannot file I-751 if his status already has been terminated and if he is on removal proceedings.

        Nevertheless, if your boyfriend is really involved in marriage fraud with his wife, then I really don't have anything to say to you, except that people like your boyfriend has given the bad name to other marriages, and no wonder why INS are so harsh on marriage based cases. I just don't understand why do people mistakenly think that everything should be ok or they should be forgiven for the things that have done in the past if they have found now a right way to proceed on their immigration case? If you are really a true American and if you really even have little bit respect to the laws of this country, then ask yourself why your boyfriend should not be prosecuted for his involvement in marriage fraud if he is really involved in marriage fraud? And you will be considered as guiltier as him for the crime if you will ignore the facts after knowing for sure that he is involved in marriage fraud. Good Luck.

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        • #19
          SwissNut and Sammy - Sammy, can I say WOWWWWWWW that was a long one. I printed the entire transcript so I can review it with him - thank u to everyone for taking the time out to read everything and respond - it means the world to me - bc my boyfriend is about to loose his mind over all of this and is very depressed. I will have answers to all of this by Monday. THANK YOU ONCE AGAIN - to me - u are all angels!

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          • #20
            If what he claims is true that "it was simply for a GC - not exactly bona fide." what assurance do you have that this is not the case now?

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