I'm currently on an H1b visa, got a new job and my new employer will sponsor a Green card for me. now the problem is, my wife has a green card from her 1st marriage which ended in divorce in less than 2 years, so her petition for "removal of conditions" was denied, the INS said there was no enough evidence to support they entered the marriage in "good faith". now she has another application that is pending, her lawyer submitted new supporting evidence and she already got a new green card stamp and everything. but there is still a good chance she'll get another denial. if this happens, what options do we have? can I file for her when I file my green card application through the employer, will we have to wait several years until I'm a US citizen and then apply for her green card, or she doesn't have other options if this gets denied again?
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Green card application
- Thread starter ledo1611
- Start date
While I'm no expert, it is my understanding that once a marriage has been determined to be entered into soley for the benefit of immigration purposes, it is deemed to be marriage fraud and the recipient of th conditional green card will then be barred for life from receiving immigration benefits based on marriage. Therefore if her 2nd pending I-751 is denied she will likely be placed in removal proceedings. If that happens, I suggest you find a very skilled and knowledgable immigration attorney to help with the case as she will need to find other potential waivers that she may be eligible for such as cancellation of removal as you will not be able to file for her based on marriage. Again, I am no expert; I'm simply sharing some info I have come across with you.
While I'm no expert, it is my understanding that once a marriage has been determined to be entered into soley for the benefit of immigration purposes, it is deemed to be marriage fraud and the recipient of th conditional green card will then be barred for life from receiving immigration benefits based on marriage. Therefore if her 2nd pending I-751 is denied she will likely be placed in removal proceedings. If that happens, I suggest you find a very skilled and knowledgable immigration attorney to help with the case as she will need to find other potential waivers that she may be eligible for such as cancellation of removal as you will not be able to file for her based on marriage. Again, I am no expert; I'm simply sharing some info I have come across with you.
That is not correct. A denied i-751 is not a finding of marriage fraud.
"my wife has a green card from her 1st marriage which ended in divorce in less than 2 years, so her petition for "removal of conditions" was denied, the INS said there was no enough evidence to support they entered the marriage in "good faith"."
If USCIS determines that the marriage was not entered in "good faith", than what else is it as determined by USCIS than marriage fraud?
Please read entire posts before responding as I never stated that that andI-751 denial automatically results in determination of marriage fraud instead, I was going off of the facts of the original poster as he stated that the USCIS had already found that there was no evidence to support a good faith marriage. I therefore, expressed my opinion of the result IF the USCIS were to determine marriage fraud.
If USCIS determines that the marriage was not entered in "good faith", than what else is it as determined by USCIS than marriage fraud?
Please read entire posts before responding as I never stated that that andI-751 denial automatically results in determination of marriage fraud instead, I was going off of the facts of the original poster as he stated that the USCIS had already found that there was no evidence to support a good faith marriage. I therefore, expressed my opinion of the result IF the USCIS were to determine marriage fraud.
"my wife has a green card from her 1st marriage which ended in divorce in less than 2 years, so her petition for "removal of conditions" was denied, the INS said there was no enough evidence to support they entered the marriage in "good faith"."
If USCIS determines that the marriage was not entered in "good faith", than what else is it as determined by USCIS than marriage fraud?
Please read entire posts before responding as I never stated that that andI-751 denial automatically results in determination of marriage fraud instead, I was going off of the facts of the original poster as he stated that the USCIS had already found that there was no evidence to support a good faith marriage. I therefore, expressed my opinion of the result IF the USCIS were to determine marriage fraud.
The BIA has ruled that for a finding of marriage fraud there has to be clear and concise evidence of the fraud. That that evidence must be substantial and probative. That this evidence must be documented in the aliens file and that the alien must be given the opportunity to rebutt the evidnce against them.
According to the OP his wifes i-751 was denied because "there was not enough evidence to support that the marriage was entered in good faith."
This finding in no way meets the standard set by the BIA.
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