after volunteer departure, what are the options of coming back?

J

JFK12

Registered Users (C)
so we are in apealing process right now, our I130 got deniad because we did not prove to USCIS our marriage being bona fide but on the same hand USCIS could not prove us it is a fraud -- they were provided a sort of different document, joint, leases, financial, photos over the spam of years, but the answer was "putting somebodys name on paper is an easy task" (quote from denial). this is a different-races marriage and denial was very subjective.

however, any appeals are hard to win and at this point I am wonder if my wife got apeal denied and she has to come back to her country, how much time does it have to pass before I apply for her again (or some sort of other application/petition). we want to life together in the US even if it is not immigration visa I want her to stay here legally, what are my options and what are chances that this application will be approved in her country, if they see "marriage fraud" on the paper??
 
You need to clarify exactly why the I-130 was denied.

JFK12 said:
so we are in apealing process right now, our I130 got deniad because we did not prove to USCIS our marriage being bona fide but on the same hand USCIS could not prove us it is a fraud
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JFK12 said:
however, any appeals are hard to win
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I don't know all the details of this case (nor am I a lawyer), but it sounds like if you don't think you can win an appeal how can you expect to get an IV through CP? If they think you committed marriage fraud, and if you strongly believe otherwise, the onus is on you to prove the validity of your case. Abandoning the appeal would tantamount to accepting the charge (of marriage fraud). You should talk to a competent immigration lawyer.
 
JFK12 said:
however, any appeals are hard to win ...
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Low-level USCIS officers sometimes make stupid or prejudicial denials (as seems to be the case here with the quote "putting somebodys name on paper is an easy task"), and if you have a genuine marriage and hire a half-decent lawyer such denials are not very hard to overturn. Continue with the appeal and you should be OK.
 
Triple Citizen said:
You need to clarify exactly why the I-130 was denied.
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it does not exactly say! it does not prove our marriage is fraud (our separate interview went fine with no discrepancies), there is no single thing mentioned regarding our marriage being fraud or not - the only thing is that they say that you claim to be married. "putting somebody on a paper is an easy task". they do not look in the phonelog of hundreds of hours we talk together. they dont look in photos from different places holidays in different time, they dont look on our joint trust on a financial side. there are some identity issues in my past that we were unable to explain because its was like 15 years ago, but being USC they should not really matter, but they make a big deal out of it!
 
thomas_psu said:
I don't know all the details of this case (nor am I a lawyer), but it sounds like if you don't think you can win an appeal how can you expect to get an IV through CP? If they think you committed marriage fraud, and if you strongly believe otherwise, the onus is on you to prove the validity of your case. Abandoning the appeal would tantamount to accepting the charge (of marriage fraud). You should talk to a competent immigration lawyer.
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first, I believe this one can be a winner, but 95% of appeals are loosers, so I dont want to be blind and stay "cool" everything will be fine - I have to look for other possibilities thats why I've asked this question - if this wont work, I need to know for how long my wife will be separated from me and what else I can do so she can at least stay here legally.
 
Jackolantern said:
Low-level USCIS officers sometimes make stupid or prejudicial denials (as seems to be the case here with the quote "putting somebodys name on paper is an easy task"), and if you have a genuine marriage and hire a half-decent lawyer such denials are not very hard to overturn. Continue with the appeal and you should be OK.
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agree. opinion was subjective and most cruicial evidence was ommited so DAO can make a negative decision. We have a very experienced attorney that charges us 30% our savings and has 25 years of experience. We believe its a winner but we will know like in year or 2 from now -- thats why I want to know other possibilities now to sleep better.
 
so coming back to my question -- any ideas or anyone heard of anyone being legally let go back to the country or any type of visa, etc, after being denied on "marriage fraud" basis and after volunteer departure within 30days??
 
JFK12 said:
after being denied on "marriage fraud" basis and after volunteer departure within 30days??
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If a finding of fraud for an immigration benefit was made, then that is generally grounds for permanent inadmissibility. You're far better off fighting this from inside the US.
 
TheRealCanadian said:
If a finding of fraud for an immigration benefit was made, then that is generally grounds for permanent inadmissibility. You're far better off fighting this from inside the US.
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yes I know and we are, but law said that if you leave on volunteer departure within given time the 10 year ban wont kick in -- but you saying now that it does not matter if the case was denied on a marriage fraud basis?? or you saying even if our appeal is dismissed we should stay here together and appeal it higher??
 
JFK12 said:
yes I know and we are, but law said that if you leave on volunteer departure within given time the 10 year ban wont kick in --
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It depends on the underlying reason that led to removal proceedings and voluntary departure. Some people granted voluntary departure can return almost immediately; others get banned from 3 years or 10 years or permanent. Don't assume being able to return anytime soon, unless they gave a written document stating the allowable return date.
 
Jackolantern said:
It depends on the underlying reason that led to removal proceedings and voluntary departure. Some people granted voluntary departure can return almost immediately; others get banned from 3 years or 10 years or permanent. Don't assume being able to return anytime soon, unless they gave a written document stating the allowable return date.
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ok that some info, thanks. who gives out a written document stating the allowable return date? how can I get into the details before my wife is in deportation proceedings?? anyone else I can get involved since decision was very subjective and do not proove marriage being fraud even in one place?

besides, I thought it does not matter what the reasons are it is "marriage fraud" and thats all it is, who cares how subjective the decision was??

where when and how can one find out (acordingly to our denial letter) for how long will she get banned? can our attorney obtain this information??
 
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JFK12 said:
where when and how can one find out (acordingly to our denial letter) for how long will she get banned? can our attorney obtain this information??
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No. In cases where the removal is due to overstay you can often take a good guess that it will be 3 years or 10 years, but in your case you really won't know until going through the removal proceedings.
 
Jackolantern said:
No. In cases where the removal is due to overstay you can often take a good guess that it will be 3 years or 10 years, but in your case you really won't know until going through the removal proceedings.
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kind of confused now. so what you saying is that if we appeal today and the judge decide in 2 years from now, and deny our appeal, this means that my wife will have a 2 years of considered overstay??
 
JFK12 said:
kind of confused now. so what you saying is that if we appeal today and the judge decide in 2 years from now, and deny our appeal, this means that my wife will have a 2 years of considered overstay??
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No, what I meant is that in the removal proceedings the judge will determine how long she will get banned from reentering the US, and whether voluntary departure will be granted or if it will be a forceful deportation. So your lawyer cannot predict the result, although he/she might know what range of possibilities to expect or be able persuade the judge to be lenient.
 
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