If a married couple is denied adjustment of status through a marriage based petition will beneficiary surely be deported?

Asked over 1 year ago - Smyrna, GA

My friend is planning on marrying his girlfriend. She is the beneficiary. Their marriage is totally real but they have only been together for 6 months. He knows that this will be cause for suspicion because they have dated a short time but even more so because they dont have much evidence to show other than a lease in both their names and some pictures. SO, if they *god forbid* get denied, 1) Will USCIS assume it's fraud and deport her? 2) if she leaves voluntarily could she return to the US as a visitor at some point? or does assumption of fraud automatically bar her from the US?

Attorney answers (4)

  1. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree

    Answered . If the marriage is real, they have nothing to worry about.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Fernanda Nunes Hottle


    Contributor Level 14

    Answered . Fraud is not always assumed every time a petition is denied. Leaving voluntarily might be a problem for her depending on how long she's been in the US. I agree that it's imperative to be truthful, but documentation is also important. Because they have a delicate case, I strongly recommend working with an immigration attorney from the start. An application well prepared and supported can make a difference.

    [This answer is for general purposes only; it does not constitute advice and does not establish an attorney-client... more
  3. Rodrigo Ivan Canido

    Contributor Level 12

    Answered . I agree. Also make sure not to lie at the interview, I know of couple that had a legitimate marriage but were scared off in the interview because they lied about something small and were caught doing it. Your friend should also consider getting an immigration attorney to help prepare the evidence you will submit.


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    The response given is general in nature and does not create an attorney / client relationship. The answer given... more
  4. J Charles Ferrari

    Contributor Level 20

    Answered . Depends on the reasons for the denial and whether the beneficiary has valid non-immigrant status.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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