after voluntarily departing USA . . what next

[Skipper99]

Thank you in advance for your thoughtfulness to read this and reply.

My wife entered the country years ago on a Fiancee Visa to marry another party. She did not marry that party and did actually wind up marrying me. (I am a US Citizen.) We have had a happy family life for seven years while going through the process of applying for and being granted a Permanent Resident Card, removing the conditions of residency on that card, applying for Citizenship, taking (and passing) the citizenship exam. At the successful completion of the Citizenship Exam we were told my wife would receive the invitation to the Naturalization Ceremony in the mail. Instead we got a Notice telling us her Permanent Residency was being revoked. We went to two hearings with an Attorney at ICE and voluntarily my wife left the country to apply for a new Visa to re-enter.

Can someone please tell me which form we need to file to apply for the Visa under these circumstances?

Thank you kindly for your response.

 

[PraetorianXI]

You need to get with your lawyer. She is probably subject to a 10 year ban from returning to the USA.

She could only have adjusted her status through marrying the original fiancee visa sponsor (not you), so at some point in the forms for her GC something went wrong and fraud may have been committed in your part.

 

[TheRealCanadian]

You need to get with your lawyer. She is probably subject to a 10 year ban from returning to the USA.

If you believe so, please tell us when her 365 days of illegal presence occurred.

at some point in the forms for her GC something went wrong and fraud may have been committed in your part.

Fraud needs to be a knowing act. I'd be interested to hear your explanation of when our OP committed fraud, and what misrepresentation was made.

Let's not frighten people unnecessarily. But I do agree an attorney is needed, because I'm not sure what the effects of the voluntary departure are on a future IV petition.

 

[PraetorianXI]

If you believe so, please tell us when her 365 days of illegal presence occurred.

Fraud needs to be a knowing act. I'd be interested to hear your explanation of when our OP committed fraud, and what misrepresentation was made.

Let's not frighten people unnecessarily. But I do agree an attorney is needed, because I'm not sure what the effects of the voluntary departure are on a future IV petition.

I am ASSuming that once the 90 days of on her I-94 expired? Since she did not marry the K-1 sponsor, did not file for AOS, did not receive a GC through him.

As far as "fraud" goes. I wonder how exactly did she adjust her status, when she could ONLY do so through the original K-1 sponsor?

If she did not "do anything wrong" why else would her residency be revoked?

 

[TheRealCanadian]

I am ASSuming that once the 90 days of on her I-94 expired? Since she did not marry the K-1 sponsor, did not file for AOS, did not receive a GC through him.

Don't assume. You don't know when the I-94 expired versus when the second I-485 was filed, and she's been a Permanent Resident for several years.

As far as "fraud" goes. I wonder how exactly did she adjust her status, when she could ONLY do so through the original K-1 sponsor?

Ignorance of the immigration law is NOT fraud. She adjusted her status based on marriage to a US citizen, and it wouldn't surprise me if the adjudicator didn't check that the original K-1 sponsor didn't match the I-130 petitioner. Odd, but not surprising.

If you want to throw the word fraud around, you need to know what material misstatement was made. Further facts may change this, but I don't see any fraud here.

 

[Skipper99]

well actually when we originally applied for, were interviewed for and were granted the permanent resident status we used an attorney. All the requested documentation was supplied. In no way did we imply that I was the original sponsor and in fact the Attorney was present for the entire process. I may be guilty of stupidity but I'm not thinking fraud is applicable here.

We were notified about a year ago (when the file was reviewed for Citizenship) that US CIS determined that it had granted permanent residency as an error on it's part. We never denied their assertion. We got a new lawyer (the former one is no longer in private practice) and we determined the best course of action would be to agree to a voluntary departure. We were at the hearing on the US CIS determination to revoke permanent residency. This was not a deportation hearing. The Judge said my wife could exit the USA voluntarily and re-apply for a visa to re enter. (and we may in fact be subject to the 10 year ban but no one knew whether it applied because US CIS had led us to believe that she was authorized to stay.

As all of the documentation is already on file with US CIS we just need to know which form to fill out to get the visa process going. No one seems to have ever heard of a situation like ours (including the Judge.)

Again my thanks to all of you for your thoughtful consideration.