Myself and my husband are genuinely married. At the interview we had inconsistant answers the io said he thought our marraige was fradulent and that the application would be denied and if he didn't withdraw his petition there was a strong possibility that he would go to jail and be fine $250,000 so terrified and intimidated he signed to withdraw the petition. What do we do now? We are together for real our marraige is in no way fradulent we had leases, bills, joint bank accounts and photographs which they never asked to see. Please help!
I would have an experienced immigration attorney prepare an affidavit on behalf of your husband explaining the circumstances ie. duress and coercion at the interview and submit it to the Field Office Director in Las Vegas, Nevada. Submitting additional evidence substantiating the bona fides of your marriage simultaneously with the affidavit would also be helpful. In the alternative, you can wait until you receive a final decision and file a Motion to Reopen.
You should not withdraw the application if your marriage is genuine. Wait for a response form the Immigration Service regarding the outcome of the interview and consult promptly with an immigration attorney. You can either appeal the decision or file a new I-130 if necessary. It depends on the facts of your case which option is preferable,
Wipe your tears and if you are STILL together after this tragedy, go to see an immigration lawyer in Vegas and see what he/she says.
And please kindly note: marriages where there are joint "leases", "bank accounts", etc. have also been found to be fraudulent. As an example, just think of this: is a bank account in both names, where there has been NO MOVEMENT at all in the last 3-4 months not fraudulent in your opinion? Or at least could not be construed as such?
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