Sham Marriage

[volante]

Hello all!

Five years after filing for AOS, the USCIS / DHS sent me a letter stating my marriage was a "sham", and they are commencing removal proceedings against me. They had previously attempted to send me a letter "Notice Of Intent To Deny", however I have never received it. I have heard that in the letter of "Intent To Deny" USCIS/DHS (whoever) the reasons that my marriage was deemed a sham are outlined.

My question is, is there any way to find out why the Govt. feel my marriage is a sham, and what evidence/reasons they have to support this opinion?

Kind Regards,
V

[cherr1980]

If you give us a little of your info about your case...how was your interview? how you came to the US, etc?

You can hire a lawyer ASAP so s/he can check that out for you and see in what can help you.

[kaktus]

file a Response to The Notice of Intent to Deny

You will need to proof that your marriage is bona fide when you file a Response to the Notice of Intent to Deny. Affidavits from people that know you as a couple, jointly held property,bank accounts, a lease, pictures,travel tickets, life insurances, etc.

[Al Southner]

Volante,

The burden of proof in previous occassions would have been on the govt, but since 9/11, this govt is a monarchy and can decide to punish you for no reason at all. That's a first point to consider.

You have to provide a proof that shows that your marriage is a bona fide marriage which is going to last and stand the test of time. How? What was your intention when you came to the US? Did you come on a visitor's visa and decide to get married? If so, the govt could be suspicious, not that you cannot do that. However, in most cases the govt view anyone who comes on such visa and decide to marry with a reasonable amount of skepticism.

You and your wife, need to collect any and all evidence which shows that you love each other and are committed to each other. For example, an life insurance policy for the last 5 years would be good, if you have one. It is assume that once people get married in the US, they will often have life policies so that each spouse is covered in the event of the other spouse suddenly dies. Joint lease, joint everything, bank acc,credit cards, pictures, emails which you might be sending to each other expressing your love and appreciation for each other. I mean, love notes, cards and pictures of you guys on vacation, with family and friends. Do you guys go to church or synagogue or mosque. A clergy could write a letter of support or acknowledging that you are married, and if he sees you guys from time to time, attest to the genuiness of your relationship. Friends and neighbors could write sworn statement in front of a public notary attesting to your relationship. So, you need to kill them with a huge amount of proof that you are not in a sham marriage.

So, good luck....

[pianoplayer]

Originally Posted by Al Southner

Volante,

The burden of proof in previous occassions would have been on the govt, but since 9/11, this govt is a monarchy and can decide to punish you for no reason at all. That's a first point to consider.

You have to provide a proof that shows that your marriage is a bona fide marriage which is going to last and stand the test of time. How? What was your intention when you came to the US? Did you come on a visitor's visa and decide to get married? If so, the govt could be suspicious, not that you cannot do that. However, in most cases the govt view anyone who comes on such visa and decide to marry with a reasonable amount of skepticism.

You and your wife, need to collect any and all evidence which shows that you love each other and are committed to each other. For example, an life insurance policy for the last 5 years would be good, if you have one. It is assume that once people get married in the US, they will often have life policies so that each spouse is covered in the event of the other spouse suddenly dies. Joint lease, joint everything, bank acc,credit cards, pictures, emails which you might be sending to each other expressing your love and appreciation for each other. I mean, love notes, cards and pictures of you guys on vacation, with family and friends. Do you guys go to church or synagogue or mosque. A clergy could write a letter of support or acknowledging that you are married, and if he sees you guys from time to time, attest to the genuiness of your relationship. Friends and neighbors could write sworn statement in front of a public notary attesting to your relationship. So, you need to kill them with a huge amount of proof that you are not in a sham marriage.

So, good luck....

Good advice. Just a quick note: while USCIS may have become more strict in adjudication, the burden of proof has been on the applicant even before 9/11.

[justnew]

Hi Volante,
You have really not provided enough information: If you have applied for AOS 5 yrs ago, then you should have your conditional GC and by now must have pettition to remove the condition, and should have been issued a GC that is good for 10 yrs. Were you ever issued a CG? What is your story line like? What nationality are you from, are you still presently married to the same USC that petition for you?

[Jewel12]

Wow, that's very sad.

Volante, it's really confusing - could you please elaborate a little bit? It would be useful to know what visa you originally had, what country you're from, and if you had any interviews at all.

Why would they send a letter like that???

[princesskate]

Hmmm... you had the same question posted on your other thread. Please provide more information on your case or it's hard for people to assist you.

[volante]

Originally Posted by princesskate

Hmmm... you had the same question posted on your other thread. Please provide more information on your case or it's hard for people to assist you.

[volante]

Originally Posted by princesskate

Hmmm... you had the same question posted on your other thread. Please provide more information on your case or it's hard for people to assist you.

Sorry for the lack of information in my postings. Out of respect for people's time, I tried to keep things short. However, that plan backfired, and I seem to have provided too little!

At the following location, I have posted a detailed account of my time in the USA which outlines the complexities of my case.

http://docs.google.com/Doc?id=dgvxm8n8_4d4kcfj

Regards,
V

[Al Southner]

Volante,

Unless you need help, stop posting here cause you seem to be hiding facts from people who really want to help you. Elaborate on your situation, cause if you present a skewed picture to favor you, rather than be honest, you are going to be burned even further.

The lesson which I have learnt from this board is simple: Present all your facts, don't embellish or misled people, cause there are people who frequent this board who have dealt with every imaginable immigration situation, and will help you for free. Actually, people who are committed to helping others seems to enjoy sharing their experiences on this board, than anywhere else. So, be up front and you will be helped....

[Al Southner]

Guys, here is Volante's case. Wonder why he want to direct people to another websites. I cut and pasted it here....





NOTES:

* The names of my wife, and her kids, have been changed to ensure privacy for them.



This is merely a DRAFT and is therefore missing a LOT of pertinent detail.

Given its size it will take some time to finalize

---------------------------------------------------------------------------------



In August of 2000 I decided to take a vacation to the U.S.A. from my home of Australia. I went primarily to see a place whose culture had influenced my life, and meet people who worked in the I.T. industry, as I did.



I came, and spent much of my time on the East Coast, and met a lot of people. One such person I met was a lovely lady named Jenny* whom would later become my wife. After a brief courtship, it was clear we could not part from one another, and we decided to marry. A short discussion was had regarding the logistics of this, but it was settled that it would be less of a convenience for me to relocate to the USA from Australia, than to have Jenny and her 4 daughters relocate to Australia.



We married in November of 2000, and she filed an I-130, whilst I filed my I-485. After 2 rejections (incorrectly based on incomplete application submissions), our applications were finally accepted, and in 2001 I was able to obtain my E.A.D (Employment Authorization Document), and SSC (Social Security Card, only for employment purposes). I was finally able to support my family!



In January of 2002, we attended our immigration interview, conducted by a curt and rude man at the Providence INS office. At the end of his 'interview', I asked 'What happens from this point?', to which he replied 'If we need anything further from you, we will notify you via mail'. Satisfied with this response, My wife and I left the building and awaited notification from the INS regarding our case.



Apart from correspondence relating to my having to renew my EAD yearly, nothing was heard from the INS department after that interview for the rest of 2002, 2003, or 2004.



During the 2nd half of 2004, I became curious about our case, as the Online Immigration Case Status website showed that the INS were processing I-130 and I-485 applications in our area submitted well AFTER the time we submitted ours. Curious, I began to call the Customer Serivce Line (the 1-800 number for the INS) regarding my case. After a few months of calling, my call was elevated to an Immigration Officer (this was around October 2004), where I was informed that I needed to have my fingerprints taken as part of my application process. Confused at this, yet not concerned, I scheduled, and had my fingerprints taken in January of 2005.



Still having heard nothing further from the INS, I visited the local INS office in Providence RI in order to see 'what's up' with my case.



The plot thickens.



I was shown a letter with my correct name and address on it, and was asked if I had changed my address, to which I honestly replied 'No'. She explained that the letter (sent in October of 2004) was returned 'Undeliverable', and I subsequently explained how useless my mailman was, and requested to take the letter. She refused to give me the letter, and when I requested to see the local office manager regarding this, I was told 'You will receive a letter in the mail within a few weeks.'



Again I waited.



Finally the letter arrived, with statements to the effect of...



'We have commenced removal proceedings against you because you did not respond to our letter of 'Intent to Deny' (your request to Adjust Status). Again, we feel your marriage is a sham, and that is why we want to remove you'.



I freaked out. I had never moved, lived every single day with my wife since we married, took her kids as my own, had a child with her, and done everything a husband and father would and should do. We decided to get a lawyer. We filed an appeal of this decision with the INS, and then we filed for an EAD, as it had just run out. As we were in removal proceedings (and did not have any pending/active applications with the INS), the EAD application was denied. We then re-filed the I-130 petition, and that was approved within 6-8 weeks. However, since removal proceedings are already commenced against me, only an Immigration Judge had jurisdiction over me I-485 case. We both felt that due to the lawyer incorrectly advising us to apply for an EAD even though we did not have any pending applications, we needed a more competent lawyer. We hired a big name crowd in Boston.



The Boston lawyers put us on a payment plan (expensive, they were), and then in early 2006 we filed a FOIA request, and submitted the supporting documents for my I-485, then obtained an EAD on the same day.



Between March and October 2006 quite a lot happens in our marriage, however this is a short summary...



My wife and I agreed to relocate to PA from RI, and my wife and kids relocate to Swissvale PA (near Pittsburgh) into an apartment while looking for another more appropriate place to live. They were unsuccessful (probably due to her race), and when I visited in June, was able to commence renting a house in Jeannette, about 30 miles outside of Pittsburgh. In late August, Jenny arrived in RI as a surprise (in an attempt to catch me cheating on her!), and after a few days discussion, we both agreed to fill our vans and move some of our stuff to the house in Jeannette. In an effort to keep me in PA, she assaulted me, and then told the Police I had assaulted HER and her KIDS! I was charged with assault, and spent 2 weeks in prison before accepting a plea agreement requiring me to attend counseling in PA for 6 weeks, at the completion of which all charges will be dropped. I accepted this, and was released from prison later than day. Counseling is expected to be completed by 11.9.06, at which time I will have my final hearing, and charges will be dropped.



The story picks up here about 2 weeks after my release, during which time I felt threatened again by my wife, and left home to avoid further incidents.



On Friday 10.6.06 I traveled to Boston for my Immigration hearing. The hearing went reasonably well in that I was not ordered removed from the country. The judge had been informed by my wife of what happened in PA, and wanted to know the final disposition of the case. I also needed to have updated fingerprints taken (usual process for Immigrats), and an updated Medical Exam (also a formality). Due to these reasons, the Immigration Judge continued my case until 3.27.06. He confirmed I was able to apply for another (renewed) work permit, but informed me that they had changed they way they were being done. No more could they be done 'on the spot' in the Boston building, but that I had to apply via mail to get one, and that would take up to 90 days to process!



The saga continues...





Immigration Process Timeline

=====================



08.18.00 - Arrived to USA on a B-2 Visa



11.03.00 - Married Wife



12.28.00 - Initially filed I-130 & I-485 forms via INS



04.00.01 - I-130 & I-485 applications finally accepted



- Yearly EADs -



10.??.04 - INS mailed me a letter of 'Intent To Deny', which I never received, despite not moving.



02.??.05 - Received letter from INS stating their commencement of 'Removal Proceedings' against me.



??.??.05 - Submitted appeal of their decision to deny to BIA

- Submitted FOIA request for all information on our case (to try and find out why the denial)

- Re-submitted I-130 Petition, which was approved within 2 months!



??.01.06 - Attended Master Calendar Hearing in Boston to refute charges against me.



??.03.06 - Re-submitted I-485 application to the court

- Obtained EAD



10.06.06 - Merits Hearing with Immigration Judge in Boston

Judge noticed that most recent fingerprints had expired, and therefore could not

adjust status, and therefore continued the case until 03.27.07. Judge also recommended

that I...

- Obtain evidence of final disposition in Pennsylvania Simple Assault case.

- Get an Immigration Lawyer (a good one)

- Update Biometrics

- Update Medical Exam





More details will be added as I reclaim paperwork relating to me case.