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Asker
Posted about 1 year ago.

I was referring to the judge when it comes to the removal proceedings, not the initial green card. I know that judges do not decide anything about I-130, so I was not talking about that, but rather the removal proceeding.

F. J. Capriotti III
F. J. Capriotti III, Immigration Attorney - Portland, OR
Posted about 1 year ago.

Your question still doesn't make sense. What relief are you requesting that makes you think the IJ wants proof of the bona fides?

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Asker
Posted about 1 year ago.

Well, when you end up in front of the judge then it means that you did not sufficiently provide enough evidence to the uscis of the bonafide of your marriage be it with the current or ex spouse, so this is what I am trying to understand, what then, the judge would be looking for from you having appeared in front of him because of the uscis denial. The uscis will say that I did not provide enough evidence, so is the judge's request be that I prove him specifically more evidence than what I showed to the uscis? Hope my question is clear now, thanks.

F. J. Capriotti III
F. J. Capriotti III, Immigration Attorney - Portland, OR
Posted about 1 year ago.

I'm sorry but you don't seem to quite 'get' it. If CIS denied the I-130 ... you don't go in front of an immigration judge.

If the I-485 is denied, the denial won't be based on the marriage.

If you're talking about a denied I-751 ...you're getting close to discussing the bona fides of the marriage.

In all cases ... hire a lawyer.

If you can't clearly explain your question here .. you probably won't find a judge tolerant enough to let you learn how to be a lawyer in his/her court room.

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Asker
Posted about 1 year ago.

I did clearly explain my question here referring to I-751 and clearly said what the judge then would be looking for when the alien goes in front of him as in what type of evidences of bona fides, etc. My question initially was very clear where I obviously only mentioned the immigration judge and the removal proceeding, so not sure why you thought that my question is about I-130 in the first place.

F. J. Capriotti III
F. J. Capriotti III, Immigration Attorney - Portland, OR
Posted about 1 year ago.

I must respectfully correct you ... at no point, until just now, did you use the number 751. ... I just did a word search of this message string ... go ahead and do so yourself.

The reason I and other attorneys talked about the I-130 is because you did not talk about the fact that this is a renewed I-751 hearing ... the 'buzz words' bona fide normally come up on the I-130 context.

I encourage you again to hire a lawyer ... even though you know 'in your heart' it is a real marriage.

You are looking at an uphill battle, now that CIS has ruled that, in their mind, it wasn't bona fide.

Lawyers take payments, so money should not keep you from putting forth a good case.

To answer your question specifically. These are samples of the type of evidence the judge will look for:

1. Joint bank account (all monthly statements for past 2 years);
2. Lease on apartment(s);
3. Deed to real property;
4. Title to automobile(s);
5. Insurance policies;
6. Joint utility/telephone bills (all statements for past 2 years);
7. Joint credit card and charge account bills (all statements for past 2 years);
8. Photographs of the two of you together;
9. Joint tax return (past 2 years);
10. Birth certificates of children you have had together;
11. Anything else with BOTH NAMES on it.
12. Affidavits from at-least 5 friends.

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Asker
Posted about 1 year ago.

thanks...i marked you as helpful...i did not say i-751 but i did say removal proceeding and immigration judge which has nothing to do with the initial i-130 :) it's just that the judge would be looking for evidence of bonafides from what I understood. thanks again for the list!

F. J. Capriotti III
F. J. Capriotti III, Immigration Attorney - Portland, OR
Posted about 1 year ago.

Thank you for the helpful mark. Hopefully our exchange has helped you to learn that there are many types of removal proceedings and many reasons why an Immigration Judge may, or may not, be interested in examining the bona fides of a marriage. A renewal of an I-751 in proceedings is but one of those many, many types of proceedings/reasons.

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Asker
Posted about 1 year ago.

sure thing...you're welcome :) the case involves being found guilty of a marriage fraud (my spouse, not me), so I was trying to understand how the hearing would work out with the judge where the uscis has the actual proof while the ex-spouse has none of those evidences you listed for me. I was trying to understand then if in his situation the judge would request hat he provides evidences against the marriage fraud accusation by the uscis. :) thanks again and have a great week.

F. J. Capriotti III
F. J. Capriotti III, Immigration Attorney - Portland, OR
Posted about 1 year ago.

WOW ... are you going to hire an attorney?

PS Knowingly participating in marriage fraud can involve (but rarely does) carry a jail sentence.

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Asker
Posted about 1 year ago.

I don't need one, he needs one, if he gets one that is. It's his problem after our divorce, so I did not get involve in it, he did.

F. J. Capriotti III
F. J. Capriotti III, Immigration Attorney - Portland, OR
Posted about 1 year ago.

Ok.