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If alien is out of status and marries, does BCIS grant the marriage-based application

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  • #16
    Swissnut,
    I think only grounds you can withdraw an I-751 is on grounds of divorce, or if the signature was signed under duress or there were other legal reasons that visit the signing of the I-751 eg
    fraud in inducement
    fraud in execution
    forgery
    duress
    incapacity eg signed when drunk

    These are standard legal reasons that make any contract voidable, which if I were you I would ask a lawyer about because all you will be saying is that you did not sign the I-751 independently.

    But I doubt you would use adultery to withdraw the I-751, though you may use it to get a divorce.

    Please think about this.

    Comment


    • #17
      JOSTO:

      I firmly believe, given the circumstances of my situation, that my signature on the Agreements and the I751 were obained through "fraud in inducement". After all, he had claimed that he would need all of those things, agreements, funds, visa etc. to SALVAGE our marriage, not to END it.

      Comment


      • #18
        Given that my signature on the I751 was obained through "fraud in inducement", are you recommending that I contact BCIS to inform them?

        And does that mean that I specifically refer to the situation as a case of "marriage fraud" in order to do that, or am I to do something else?

        Comment


        • #19
          I would suggest you pursue 2 fronts:

          1.Write a letter to BCIS detailing everything you have told us and state that you wish you to notify them that your signature was obtained fraudulently and that you want to withdraw your I-751 signature as well as need for BCIS to look at your case more closely.

          2.Proceed with divorce and establish proof of fraud in your marriage by articulately arranging your timeline of event to show that you were defrauded right from the start and a request for the mercy of the court to have your marrige annuled at the maximum or a divorce at the least in the most expeditious manner.

          Please contact a lawyer for this and see whether there is legal approaches for these 2 alternatives at the same time, and how they can expedite the process so that they happen before the I-751 decision.

          By the way if you have the A-number of your spouse and know where they sent their I-751, you can write immediately to that center and give the A-number in your letter which they will put in his file and when the time to review that case comes, most likely they will want to interview him and get his side of the story. If you can, put copies of the evidences you have to support that case to BCIS and make sure there is a return receipt on it to be sure they receive it. You can also send him a copy of the letter to his last know address and make sure you cc the letter so that they know that you are giving your side of the story without fear of letting him know what you have stated in there.

          Please have that letter notarized and you can include some notarized statements from as many people as possible who know what you have gone through, making sure that those people only stick to the facts of the case and do not appear to take sides with you or show any form of intent to achieve revenge on your behalf. That way, it will be upto the BCIS officer to make a decision because the people will appear credible.

          Please consider these approaches.

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