officer requesting my sealed case file.

majmun

Registered Users (C)
Hi everyone,

I got married to US citizen in 2007 (previously F1).
Got my conditional GC approved in 2009.
Divorced that US citizen in 2010.
Applied for removal of conditional in 2011 (I751 filled out as divorcee - part D I entered the marriage in good faith but marriage was terminated through divorce or annulment).
After I got approved I married non resident in 2012.
I applied for citizenship at beginning of this year and became citizen this last Spring.
Soon after that I applied for my spouse documents (485,130,131,765)
We had the interview this last summer.

At the interview I did not expected that I will be asked all about my previous marriage, nothing was asked about my current one. Pretty much 10 times more questions about my previous marriage than I was asked at that first interview I had on 2009. Officer asked me how come I was approved removal of temporary GC and I was divorced at the time of the document processing. I was also asked how did I filled out 751 application. It took me a while but I recalled that I have marked box D (above) and that I am sure that I did not put that I was still married. Officer then stated that they would like to see a proof of it and I did not had a copy of that form in my files at the moment. Then the officer said that in order to approve my spouse a GC they will have to unseal my case files in order to confirm that this is really the way I applied on 751 (as divorcee). We were then told that it will take them about 3 weeks to get my case file back and that they will then approve my spouse GC application - in case everything is as I said.

Work/travel document was approved/mailed 2 days after interview.

This was 3 months ago and there is still no word from them. We tried calling them several time and they told us on the phone that we should be patient for 6 months after our application was submitted and that they are late with processing forms at this time.

Should I schedule info pass to get some more info on it? Some friend recommend me to tak to congressmen and that this is the way to "speed up the process"?

Any thoughts would be highly appreciated.
 
Hi everyone,

I got married to US citizen in 2007 (previously F1).
Got my conditional GC approved in 2009.
Divorced that US citizen in 2010.
Applied for removal of conditional in 2011 (I751 filled out as divorcee - part D I entered the marriage in good faith but marriage was terminated through divorce or annulment).
After I got approved I married non resident in 2012.
I applied for citizenship at beginning of this year and became citizen this last Spring.
Soon after that I applied for my spouse documents (485,130,131,765)
We had the interview this last summer.

At the interview I did not expected that I will be asked all about my previous marriage, nothing was asked about my current one.

Anybody who got their green card through a short-lived marriage, and then gets married again and files for a new spouse, should expect to be questioned heavily about the prior marriage.

Such situations exhibit the pattern of the classic chain-marriage fraud; person A who has a relationship with person B marries person C for a green card, gets divorced, then files for person B who was their originally intended spouse all along.
 
As a result of your situation resembling the classic chain-marriage fraud case, you can expect a long wait while they scrutinize you, and you may eventually need a lawyer and/or WoM lawsuit to get it resolved.
 
Jacko thank you very much for your quick reply. What would your suggestion be? Get a lawyer asap, try visiting congresman or wait?
 
Correction: if you file a lawsuit to expedite the case it would be 1447(b), not WoM, as you have already been interviewed. You can file 1447(b) as soon as it is 120 days after the interview.

However, even with 1447(b) you have a tough battle ahead because your case looks suspicious, and the court may also beat you up about it.
 
Majmun- the simple question is this: did you file the I-751 as a divorcee or still married? o_OThis is a critical question in this entire equation. Let's assume for a second, you filed as still married, but in the process of removing conditions, you divorced. You HAD the burden to inform USCIS of this material fact, so they can make an adjudication of your situation based on this information. If you buried your head in the Mojave Desert and didn't inform USCIS, I can foresee pain coming your way.:( From USCIS perspective, this would be concealing material fact of huge proportion. And this would put your entire citizenship at risk of being revoked as the government could argue, it was procured through fraudulent means. If I was a judge hearing this case, I would concur and grant their petition for revocation. Assuming that you didn't inform them of your divorce during the I-751 petition, it would be an easy call. The other key issue you're facing is the timeline of your marriage and divorce, very shaddy and classic bait and switch so to speak. USCIS has a long track record of uncovering and punishing people who fit your profile (e.g., Marry a USC, get a green card, divorce in a short time frame, marry a non-USC, likely from the same country as your, then file for their greencard). Please note that i am making assumptions here based on your post, I could be wrong. However, don't be concerned about when they adjudicate your new wife's case, find your filed petition for I-751 and make sure you did it correctly without hiding the ball. You chose filing as a divorcee or informed the during the petition. ;) Again, assuming you did inform USCIS of your divorce and you filed as a divorcee, then you can mail a copy of the I-751 petition and related documents to the USCIS officer (Local Office) conducting the interview with you and your wife. Just to show that you have nothing to hide. I hope this helps and good luck to you. :):)
 
Ivnp,

Thanks and i re-read his OP and saw he disclosed this fact. In my view, he should be fine. I wonder though, if USCIS will try to dig into the reason for marriage annulment.:( Who knows! Let's hope he's fine in the end. ;)
 
My Wife is a (US citizen ) we got married 2011 and i received my conditional GC 2013 , and now we are filling jointly the I-751 by the end of Dec. we are still together and we have tons of bills that have her name and my name , life insurance policies , phone , electricity , gas , car insurance , filed out tax return jointly last 3 years and tons photos but the only thing that we dont have is the joined bank account . my wife was ordered by the judge to NOT open a bank account with anybody else and maintain her accounts under her truly name only due to a financial messed up that occurred even before i came to USA , we used to have a joined account for year an half then we closed it after the judge order ! do you think this is going to be a big issue ??? do we need to attach the judge order statement with I-751 package ?
 
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