I-130/I-485 Denial. What's next?

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You never loved your so called " husband" in the first place. It was all staged and you know it. What kind of sane normal logical man would be ok with his wife having a baby with another man? Who are you fooling? You don't deserve to live in this great country. Do your self and America a favor, DEPORT YOUR SELF !!!
 
LindaDC,

You have no intention to remain with your USC who is the only person who can ensure that you live in the US permanently as a LPR. However, you love another man back home, you are clearly NOT ready to be a wife, because immaturity seems to be high on your end. Marriage to a USC provides certain immigration benefits, for people who are married for love and intend to remain with each other for life and till death do them part. :)

I am certain that your husband has suffered enough already, the indignity of his wife giving it to another man, who threw in a baby who isn't his? :eek: His family suffered from having a grandchild of another raccoon, while you want to remain in the US forever?:rolleyes: You will be deported with your child, make sure he or she has his American passport, because you clearly won't be coming back to the US for a long time. :cool: The USCIS was well within its right to deny your petition, failure to provide a DNA meant that you failed to provide required evidence sought by immigration officials. Unlike Burger King, USCIS doesn't like people who want to have it their way, birth certificate and DNA test were key evidence sought. :rolleyes: I am certain that you won't be offered another immigration benefits for a forseeable future, because you have already being scrutinized by USCIS for this marriage, and any other marriage will reek of immigration fraud. :o If I were your husband, I would run to Idaho and become a potato farmer, at least they make people happy as fries....:D
 
Al Southner said:
You will be deported with your child, make sure he or she has his American passport, because you clearly won't be coming back to the US for a long time.
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While the I-130 is denied because on balance of probabilities there is no bona fide marriage, there's also been no finding of fraud, and based on the account there doesn't appear to be. If the OP departs the US, I don't see anything preventing a re-entry to the US, assuming she is petitioned for a visa.
 
LindaDC said:
To those who are smart ones like acr, Roxy2009, Southner. If you don't KNOW what to say you better keep your mouth shut and stay away from my post. This is not a website of accusations. People come to this website to ask LEGAL questions and share experience with each other. People DO make mistakes. There is no saint people unless you are God. You don't know what's gonna happen with your life in 5 days, a year or 10 years! If someone would told me 10 years ago that I'm gonna have this situation I wouldn't beleive.
O'k, for those smart ones let me tell you a little bit more. I made the BIGGEST mistake in my life by marring my husband. Before we got married my husband hide many info about himself to look attractive:his age, his addictions. When we were dating he never let me stay with his relatives or friends one on one. Because he was afraid that they might gonna open my eyes. I was young and naive. He is addicted to slot machines and spends money to buy scratch tickets. When we were in CA he spend all his money in casino because he had a dream that he hit Jack Pot 3 times. At least he worked in the beginning. Now he doesn't work and keep making overdrafts in the bank that I have to pay. He can spend $700 on scratch tickets. He can spend all night in casinos. Because he is dreaming one day to win millions. He doesn't take care of himself. He neve brush his teeth. He is the only person who makes me cry in this world. His brother always apologizing for him and he is very sorry for what I have to go through. His brother keep joking "you married the wrong brother". His brother couldn't undestand how such pretty and young girl could marry his brother. Actually everybody were surprised. They were afraid to tell me that I'm doing mistake. His family very nice and he is the only ugly duck in the family. He keep asking money from his relative and everybody trying to stay away from him. He is the youngest in the family. Maybe he was spoiled too much. He doesn't want to go work for someone. He thinks BIG. At one point I worked at 3 jobs. I remember I was sooo skinny. There was no time to eat.
On another hand is this guy that I used to work with. He has his own company. He works a lot. He is generous. If he is at the restaurant with friends he always pay for everybody. I admire people who accomplished something in life. He is funny. He is the type of guy the girls have crush on. People also call guys like him a "stud". People want to be with a guy like him. He is not a USC. Just a green card holder for about 15 years. He helps me financially to raise our son. So I don't want to be with my husband anymore. Though my husband wants to be with me. Because he knows that young, beautiful, educated american woman NEVER EVER will be with him. Unless he's gonna find someone from Ukraine or Filippin. He is keep browsing dating websites. But I really don't care and I wish him best luck to find someone. He will need it:)
So, my problem is to come out clean. I don't want to have deportation. It's not fair to me. I know many people who had fake marriages and they are already citizens. I had real marriage, I had to go through so much drama and I might gonna end up in removing procedings!
The denial letter don't say anything about fraud. They claim that we don't reside in a bona fide marriage because they assume that my husband is not a biological father. At the interview we gave them more then 1 inch paper thickness in evidence. Bank statements, leases, utility bills, statements from relatives and friends, pictures, medical papers, car insurance, etc. They couldn't call it fraud.
Should I just drop everything and leave the country? Do I have a chance to get another visa? I want to give my son better future. He doesn't deserve to pay for my mistakes (my another mistake is that I shouldn't have gotten to the interview). I do care about my son's father but I'm trying to keep my feelings locked. Because I don't how serious he is about us. We never talk about feelings to each other. I don't know his reaction when I will tell him that he might never gonna see his son. But if he will want to get marry with me do I have any chances?
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You are in a pretty bad situation if they suspect that the kid is not his and requested DNA evidence you will have to provide it in order for them to approve your application , if you can't provide that information or it turns out to be that it is not his son your application will be denied and your marriage will be considered a fraud which will ask for your deportation.Just so you know when you first obtain your GC through marriage it is only valid for 2 years and later on you will need to file a I-751 and go through the same process to obtain your 10 years GC .I don't think you will be able to obtain another K1 visa after your GC application has been denied and if you stay you will most likely get an order for removal or deportation which is worst because you will most likely be detained while your son is somewhere alone, I can't tell you what to do because I have never been in this situation but weigh your options and see what is best for you and your son and to make matters worse you said that your I-130 was denied your I-130 is reviewed and approved by the Department of state so that should tell you how bad things are try to consult with an attorney and see what can be done.Good luck
 
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I think afrank pretty much summed it up. Although I highly doubt they will consider your marriage a fraud. However, some of the events do raise suspicion. For example,

1. You knowingly provided false information to USCIS regarding the father of your son. Just because someone "accepted" someone as a child doesn't mean the child is his/hers.

2. You cheated on your husband, had a child with another person, yet your husband is ok with that. This raises a huge red flag.

3. Despite all the problems you have had with your husband, you were still married - makes it seem that this was a marriage of convenience.

So, I would say you try to come up with convincing answers for these situations in case they bring you in front of a judge on deportation charges.
 
1. You knowingly provided false information to USCIS regarding the father of your son. Just because someone "accepted" someone as a child doesn't mean the child is his/hers.
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usually, a child born in wedlock is automatically considered to be the husband's child. Heck, if you marry someone before their child turns 18, they are considered your children for immmigration purposes.
 
No she can not as OP stated her son's father is in her home country the only way would be her divorcing the current husband then marrying her son's father and the new husband needs to be a USC and even so it will still raise red flags because of the first case that she had with her current husband. below is her reply to VisaNutz.


Originally Posted by LindaDC


2. You cheated on your husband, had a child with another person, yet your husband is ok with that. This raises a huge red flag.

There was misunderstaning. Read this again. "A few months before our first interview (Almost 2 years ago) I decided I'm not gonna live with my husband and I will go back to my home country." That means we broke up for a while and we were going to divorce. We BOTH had different relationship.
 
This is a fake marriage and IO is right. This is the type of cases that screw everyone else's chances to become PR or USC. Leave the US, you are not an honest woman and we all felt it from your story.
 
^^^
Well, it looks like she entered the marriage with bona-fide intentions. However, when she realized that she wasn't going to stay with her husband, she should have just ended the marriage instead of keeping it alive to get immigration benefits.
 
Guys,

I think Linda is in a bad situation. She put her current husband in a nightmarish situation by letting the other guy insert a baby in her, while she was married to the husband who is a USC...:rolleyes: She created a terrible situation for her in-laws and shamed her husband. However, that being said, those are moral judgments which we can all make based on a limited information about her case.

The immigration piece is what is a doozy, she claims they have been married for 7 years and only recently, 2 years ago is when they filed for immigration benefits. So, maybe she was honest to this dude for all these years, but the guy was a doochebag. However, when they filed for immigration papers a question was raised by IO, is this child your husband's child? She and the husband agreed "for the purpose of immigration" that the child was his, but there were questions surrounding paternity. I am not sure about your gentlemen on this forum, I don't want to ever think that my son is NOT MINE. If there is a doubt on my wife's part about my son, someone is getting screwed...:rolleyes: USCIS asked for DNA test, which she refused to provide because she knew that this child wasn't her legal husband, so USCIS did the correct thing, denial of benefits. I am not sure what legal basis she has to remain in the US because she's clearly in a tight spot. From the immigration perspective, she's toast...:eek:
 
the whole thing has Soap Opera written all over it. She should write a book and apply a National interest waiver to get her GC.
 
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