I130 and I485 Denied

P

Patrick_@

Guest
Hello everyone

I went for my I130 and I 485 interview with USCIS recently in March2019 and the interview went bad, we were separated and my US citizen wife said I paid her to get married, I was denied and was arrested by ICE agent, but my reason for denial did not say fraud. I was put in removal proceeding because my visiting visa has expired when I applied but before the removal proceeding begins my lawyer got a bond hearing and the judge grant me a bond because I told him I will divorce my wife who said I paid her and get married to my new fiancé which he agreed

My question is even though my ex wife said I paid her, they did not accuse me of fraud and the judge asked the government lawyer before granting me bond if I was charged with fraud but she said no, the only thing is that I overstayed my visa.I am in the process of divorce now and marry my fiancé who is also a US citizen, should I file for another I130 and I 485 with the court of with USCIS
 
Well you should probably be asking your lawyer about this stuff at this point. But I-130 is filed with USCIS. I-485 can only be filed with the immigration judge in immigration court since you are in removal proceedings, and as I understand, you have to wait until USCIS approves the I-130 to file the I-485 with the immigration judge. Also, since you married while in removal proceedings, the I-130 by your spouse cannot be approved unless you establish through "clear and convincing evidence" that the marriage was entered into in good faith and the marriage was not entered into for the purpose of obtaining permanent resident status for you; and this might be difficult.
 
newacct said:
Well you should probably be asking your lawyer about this stuff at this point. But I-130 is filed with USCIS. I-485 can only be filed with the immigration judge in immigration court since you are in removal proceedings, and as I understand, you have to wait until USCIS approves the I-130 to file the I-485 with the immigration judge. Also, since you married while in removal proceedings, the I-130 by your spouse cannot be approved unless you establish through "clear and convincing evidence" that the marriage was entered into in good faith and the marriage was not entered into for the purpose of obtaining permanent resident status for you; and this might be difficult.
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Thank you for your reply, I do really appreciate it, I will be in contact with my lawyer by Monday, but another thing is that the removal proceeding has not yet begin before I was given a bond so does this count or the proceeding already stated
 
You attended your denied interview in March 2019 with your wife, and you already have a new fiancé lined up????
 
Sm1smom said:
You attended your denied interview in March 2019 with your wife, and you already have a new fiancé lined up????
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Yes during when I was locked up by ICE she was there for me helped in all situations so I can get released we live together now with her family
 
None of my business but. 1 Did you pay your wife to marry you?

2. You already have another potential wife lined up?


Its gonna be tough to convince USCIS based on what you said.

Do keep us updated.

GL
 
Patrick_@ said:
Yes during when I was locked up by ICE she was there for me helped in all situations so I can get released we live together now with her family
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All of these in less than two months? Makes me think the IO that denied your initial petition clearly figured it was a scam marriage just like your proposed new one is looking like. Be prepared for it to also get denied - USCIS will see it for what it is, a fraudulent attempt at obtaining an immigration benefit.
 
Sure does look like another attempt at a fraudulent marriage with the new "fiance". How does USCIS not see the paid marriage for what it is and charge the OP with committing fraud?
 
1AurCitizen said:
Sure does look like another attempt at a fraudulent marriage with the new "fiance". How does USCIS not see the paid marriage for what it is and charge the OP with committing fraud?
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I believe they need actual evidence for a fraud charge - he said/she said isn’t enough. May be why OP got off. Note that the wife would likely have faced charges too if she had presented evidence of accepting payment for a green card marriage.
Another denial doesn’t need a fraud charge, and certainly seems on the horizon.
 
If the wife claimed she was paid, and OP did not in fact pay, a counter suit by the OP for slander should have been in the offing.

On a side note, it takes a lifetime to find a life partner, wonder how folks find em so quick one after the other :)
 
You can rest assured that what will happen is that when the new I130 is being adjudicated by USCIS, they will reach back in time and pull up your previous marriage. Although they have not declared the first marriage fraudulent yet there is no statute of limitations on them doing so. At that point they will deny you new I130 based on the previous fraudulent marriage. Do not think for a minute you are in the clear yet. If your first marriage was genuine, you would have to prove it by Clear and convincing evidence.

Oops sorry, I just realized that my response is an almost word for word copy of a response by @newacct
 
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