Notice of Intent to Revoke Petition for Alien Relative I-130 (Spouse) Marriage Fraud Suspected
I am new here and searched the forums and couldn't find any information regarding situations such as mine.
I am a US citizen and married an alien from India in June 2002. He has a 10 year B1/B2 visa which expires 09/2009. We had an early marriage and my husband returned to India two weeks later. He was gone for three months then returned to USA for a few months, then he returned back to India again and was gone for 1 1/2 years.
He returned to the USA in April 2004 and several months later we filed his I-130, I-765 and I-485 (09/03/2004). He has only received his EAD; nothing is stamped in his passport regarding any pending case. He received an emergency parole to visit his family in India when his father died last year, which has now expired.
We have lived together all the time as noted above except for when he was out of the country.
We have a co-sponsor for support as I was unemployed for several years and did not have assets to qualify for Affidavit of Support. Our first I-130 was was denied due to no income. Reapplied for I-130 with co-sponsor but that too was denied as the co-sponsor did not provide residency proof and his wife's signature. We applied again for I-130 with another co-sponsor.
We have had three interviews and still no GC: 07/12/2005, 12/21/2006 and 12/09/2008 at the Baltimore District Office.
Eleven days ago I received a letter from USCIS: "This letter will serve as notice of this Service's intent to revoke the Petition for Alien Relative, Form I-130..."
We submitted all required information and documents requested as evidence that we have a bona fide marriage: 3 notarized affidavits from family/friends regarding our marriage; letter from employer stating particulars regarding my job, date of hire and spouse listed as emergency contact; health insurance enrollment cards and benefits info; joint tax returns; photographs; marriage certificate; joint bank statements; joint car insurance cards; and joint vehicle registration, joint vehicle title, joint vehicle purchase order. We have no other joint property except for the one vehicle. Only the electric bill has both names. I own my home outright as it was a gift from my father in 2000 and only my name is on the deed.
The NOIR states that the documents submitted are without corroborating evidence and lacks probative value.
NOIR: "You first presented two benefit enrollment forms. These are dated 03/10/2005 and 05/25/2006. These forms appear to demonstrate that the beneficiary is covered under your employment benefits policy. However, you and the beneficiary have been married since 2002. According to this documentation, you did not add him until three years after your marriage occurred. It does not appear that he has been covered throughout your marriage. You did not submit any additional regarding what benefits the beneficiary receives. Without corroborating evidence, this submission lacks probative value."
I was furloughed from my employer shortly after the 9/11 terrorist attacks as my industry was severely effected (commercial airlines). During that time, I did not have any benefits from the company except free airline travel for myself, and other family members. I was hired in 1992 and recalled back to the company in 2005, at which time I added my husband to my health benefits immediately. He and his children were added immediately upon our marriage in 2002 for travel benefits.
As stated above, I was not working for the airline since 10/2001 and was recalled 02/2005 and did not have any benefits entitlement except for free travel.
Due to language problems, my husband answered several basic questions differently from my answers. Even the IO told me that he was very frustrated during the (Stokes) interviews due to the language barrier. Thus USCIS thinks that we have no basic knowledge about one another. USCIS used ChoicePoint for address verification which shows six other names associated with our home address and that both my husband and I have totally different addresses somewhere else in Maryland. The ChoicePoint information is erroneous. Please note that ChoicePoint sold consumer info to identity thieves several years ago. (Google ChoicePoint fraud or ChoicePoint immigration.)
USCIS is not accepting any of the proof that we have provided, not even the photographs which they say are staged! They say that we are in a sham marriage, not a bona fide marriage. "Your marriage was entered for the purpose of circumventing the immigration laws, referred to as a fraudulent marriage, or "sham" marriage, is not to recognized as enabling the alien spouse to derive benefits."
Worst case scenario: I could be prosecuted for conspiracy, fraud and giving false statements under oath which is punishable with a 5 year prison sentence and a fine of $250,000. My husband can be deported.
We only have two weeks to make a rebuttal.
We are in a bona fide marriage, although the relationship has been rather difficult and strained.
This has been a nightmare!! HELP PLEASE!! Thanks.
