i-130 interview (second marriage) in removal proceddings, please help!!!!

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baghouss

Registered Users (C)
I need some help in my case please:
I am in removal proceeding because I lost my F1 status (visa overstay). came to the us january 2000Went to school made some payments then dropped oof school because of financial difficulties. I moved to PA found a job and met my 1st USC wife, we got married in May 2002, filed i-130/ i-485 in June 2002. We hada stokes interview in April 2003. We were separated and IO was very agressive. No decision was made. Things were going bad with me and my wife and found out she was cheating on me. I met my current wife and dated her while i was with my wife. My then gf became pregnant and i moved in with her in october 2003 after she gave birth to my daughter in july 2003. In 2005 i received a second notice of interview i was living with my gf then. I told my then wife and she refused to go with me. I hired a lawyer and went without her, IO continued the case and said he needed to talk to my wife. Got another notice 2 months later, i had my lawyer send a medical excuse, two months later i received a third interview notice and i was advised that if my wife refuses to go with me i better not go alone, so i did not show up for the interview. 3 months later i received two denial letters i-130 and I-485. In the i-130 they talked about how they tried to give her opportunities to prove th bona fide of the marriage and also mentioned that they received a letter from my current wife's uncle overseas claiming that i married my 1st wife only fro a green card and that i live with my then gf and my daughter in an address which i did not recognize. I did not appeal the decision. In 2008 i had my second daughter with my gf. In september 2009 we got married. June 2010 i was picked by ice and put into removal proceedings. I filed for i-130 in November 2011, june 17 2011 i received an interview notice for july 2011.
I am just worried about how tough is the interview gonna be? My ex wife kept everything we had together: bills, pictures, etc. I only have left 2 pictures of me and her together
 
I would think that they would be very though. Don't go without your lawyer. Only stuff relating to your new wife will matter if the I130 is based on your current marriage. You'll need to have documents such as bills and pictures etc showing that the marriage is bona fide.
 
Do you think my first marriage won't come up in the interview??How about the letter they received from my current's wife claiming the 1st marriage was for green card? They won't question it?
 
Here is the deal. In your NTA did they mention anything about section 212(a)(6)(C) Fraud and willful misrepresentation? On
Disclaimer: This is not legal advice. I'm not a lawyer.
what grounds did they find you inadmissible in the NTA? If the section above is not mentioned, then there is not a fraud case. They can't go by what your current wife's uncle say from wherever he's at. They may try but it's not you saying that is it? You just abandoned your case and it was denied.
So you need to be prepared to answer for that if they bring it up. That's why your lawyer needs to be there.
Now that they're already suspicious of your first marriage, you need to be doubly prepared to prove the second one. Bring everything you have that ties you two together. If they seperate you two and put you in two different rooms, the answers better match or you're finished.
Hope things work out for you.
 
The NTA only states that I overstayed, that I am not a citizen of us, etc..
I have two kids with my current wife, tons of pictures from 2003 till, the bills some are on my name some are on hers, joint tax returns for the last two years. Do you think that's good evidence of bonafide marriage?
My problem is that I have nothing from my previous marriage and that's what I am afraid of.
I am under supervision by ISAP and one of the things they do is home visits every month so they know that we live together as a family.
 
You're a idiot, you should never have refused to attend any interview, guilty people do that. You could have gone in there and just told them that she was cheating on you, and gotten your GC anyway. Then you decide to cheat on her and knock someone up, you're not very bright. Since you married a USC, and have a bady you should be ok, but let me warn you. You're just as bad as the first wife.

If you are anyless that 100% honest with that USCIS officer, they will know it. If you are only being charged with a overstay, that isn't a big deal. If you get approved, the IJ case will be closed. I wouldn't worry to much about the first wife and etc., you are getting status from the second one.
 
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The reason i decided not to attend the interview is that my lawyer was trying to help during the last interview i attended by asking the IO to approve the petition. the io told him if he wants a decision now it would be denied. When i got the last notice for interview my lawyer told me if i go without my wife they will deny the petition then give me an nta and may arrest me for proceedings since i had no legal status. that's why i did not go. i got the denial in the mail about 3 months later and was picked by ice 5 years later
 
Why don't you raise your family in your country of origin. Looks like you have gotten yourself in tons of trouble in the US. Have a fresh start in your country.
 
That's also an option but the kids don't know nothing about my country of origin except the name. If it was for me I would have gone back long time ago.
Anybody with similar situation can shed some light please!??
 
We had our interview yesterday around 1:45 pm. The officer came out called my name and took us inside, sworn us in and proceeded with the regular question: DOB, address, names, etc. Then she asked me to go outside, my wife stayed there with the lawyer. I waited more than an hour then finally she came out with my wife and took me inside for my turn. she started by asking me question about my first marriage : when we met, how, where, how long did we date b4 marriage, etc. I was very nervous that i messed up with some dates but she was making sure i had the correct dates. she asked about my ob what i do where is located, etc. Then she asked about my current wife when i met her where, how did the relationship started, where i was etc. she was concerned that i had my child with my then girlfriend while i was still married to my wife. Then i told her that at that time our marriage was falling apart and she was cheating on me, then she asked me how i knew about that when did the relationship started to get bad etc. Again i was confused about the dates (it has been a while) she did not seem quiet satisfied with the answer but she jumped back to our current marriage asking when did we get married where, who was there, if I gave my wife any gifts, etc. Then she said OK, everything looks fine then she went out to get my wife. she came back and was looking at the file and said Oops, i think i called you back too soon and she sent my wife back outside. She asked me about my first wife and some dates, she seemed not satisfied with those answers. At that point i was really nervous and i got confused. She then told me that she will review the file and will mail her decision. My lawyer told me that we did good but i am concerned about what i told her about about my first wife especially the dates, i could not remember the excat dates she was asking so i am afraid it will conflict with what i said during my 2002 interview.
Any inputs guys would appreciated. Thank you
 
Typically it's not a good thing when they don't decide on the spot. If I were a betting man, I would say this case has a 65% chance of getting denied.
 
wow! Really? I was reading a lot of forums where people had the same thing, they did not get a decision on the spot but they received in the mail or via status check update email/text. I heard that's what most district offices do.
 
They should go by your current marriage. If that's the case more than likely you'll be approved. If they go mostly by the answers related to your first marriage, not so good. Sometimes they'll find the strangest reason to deny a case if the officer is inclined to do so.
 
Thank you Bahamas68
I am just gonna keep praying, this whole thing made my life like hell. I can't go by without thinking about it every second
 
Hi everyone,
I received my approval letter yesterday, i am so happy. My online status still says "initial review", i guess they don't updated frequently. My lawyer is going to file a motion with ICE to terminate proceedings. We'll see how that goes then he will file I-485 with uscis if proceedings are terminated. I heard that i will get another interview for the 485 application.
Anybody knows if that's going to be the same interview as the I-130?
what are the chances of getting that approved? I have no criminal history.
How long does it take to get the interview?
Thank you guys for your time and input.
 
congratulations. My husband and I have almost an identical case as yours, but we do not have any children together. i am the USC. We are still waiting for the I130 to be processed. Its been almost a year since we filed.
 
Thank you Tessie,
Tell your husband to be prepared to answer questions about his previous marriage. They will also ask questions about your current one. We were asked questions about how we met, etc. although we have two kids together. Good luck to you guys.
 
I did the 130 and was separate too, went without lawyer. It took about 1
hour and 45mns but got approved in spot. Didnt get any question aboutmy ex wife. Everything was me and my wife, how we met when we did get married our job and what we did past weekend. It was easy cause, my lawyer told me don't lie. Whatever they ask tell the truth and that is what we did. The officier was so happy with our answer get approved in the spot
 
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