Second I-130 denied- Will appealing help?

nze

New Member
Hello,

I married a USC several years ago and he filed an I-130 which was denied for "sham". Many years later, i remarried and current husband filed another I-130. During the interview (for the new I-130), we were told it would be denied unless we are able to overcome previous "sham" allegations from previous marriage. Application was eventually denied and we are asked to appeal. Has anyone had any experience with this? Any advice? Please help!!!!Thanks.
 
Your chances are Slim to None and Slim is on his way out of town. You will only overcome the sham marriage denial in very few cases. Get an attorney however do not get your hopes high.

I read a couple of cases from the ninth circuit where appellants previous sham marriage was "waived" by the court because appellant had been led to believe by INS [the old USCIS] agents that they would not hold it against him if he served as an informant to bring down a sham marriage ring.

http://law.justia.com/lawsearch/?query=sham+marriage++immigration+fraud+agent&page=3

When he later got into a bonafide marriage and USCIS rejected the second marriage because the first one was a sham, he appealed to the BIA who also rejected him. After appealing to the ninth circuit, he "won" the appeal because the court agreed that he had relied on the USCIS agents verbal assurance that the first sham marriage would not count against him.

So you see it can happen, but the chances are very slim.
 
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How long did the first marriage survive after the I-130 denial, and how long overall? If the marriage lasted for years after the denial, thereby enabling you to accumulate evidence that didn't exist at the time of the I-130 denial, you can overcome the sham finding of the first marriage. A marriage that looked like a sham at 6 months old can be proven to be a bona fide marriage after years of building a life together.
 
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