My wife is current awaiting B.I.A decision on removal. We married after she was placed in removal proceedings but have a true ongoing relationship of four years. I am filing an I-130 and was instructed to submit a request for exemption due to bonafide marriage. I am unclear as to how to go about that. Is it a letter that I (the petitioner) has to type or is it a form that has to be filled out? We have completed the I-130, G325A and documents to show bonafide marriage and have this last question about how to request this exemption. Thank you.
This is required for cases where the beneficiary has an Immigration Court case that predates the marriage. It is a simple statement stating that the marriage was entered into for bona fide reasons and not illegimate purposes. Consult an attorney to help you craft the statement.
There is much more to your wife's case than the bona fide marriage exemption. If her appeal to the BIA is pending, you are going to want to move the Board to remand the case back to the Immigration Court so that she can apply for adjustment of status, otherwise you run the risk of the Board dismissing her appeal and ordering her removed while your I-130 is pending. I suggest you consult with an experienced immigration attorney to help you navigate what can be very treacherous waters.