Home > Research Legal Advice > Immigration > Can filing a I-130 based on new marriage (has been acknowleged as BF by ...
Asked about 1 year ago - Columbia, SC
FlagEx-wife made statement to ICE that marriage was fake and withdrew petition. Hubby couldn't understand anything about the case and was told to enter guilty plea so he'd be deported quicker. He entered into the marriage in good faith and has documentation to prove so (i.e. letters from ppl who knew the couple, joint taxes, joint lease, joint bank account, life insurance policies where his ex is the main beneficiary and more) None of which was in his 'case file'. Also, in the ex's sworn statement are many lies that can be proven as such based upon the above documentation (ex. "The address on the ID card is HIS address alone which he had before we were married" - but the lease says otherwise and signed by both). He was deported by an IJ in 2004 and obtained a divorce from ex in 2006.
This is a very difficult situation. First, he'd have to undue the bell that was rung when he plead guilty to the federal crime. Extremely difficult. Then, he'd need to reopen his removal case from abroad. As difficult. Then there would have to be some lawful basis for him to stay. The really bad news is that if CIS made a 204(c) finding (which is very likely), he's permanently ineligible to benefit from any type of visa petition. Extremely limited chance of success.
Don't speak legalese? We define thousands of terms in plain English.
Browse our legal dictionary
