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Is the following "substantial and probative" evidence for immigration to deny I-751 waiver & how to assure it attaches to Afile?

Denver, CO |

Request by citizen to withdraw I-130 petition for alien relative, 2 sworn affidavits by unrelated persons unaquainted with each other that immigrant stated to them it was a marriage of convenience for immigration on his part. Couple has not lived together in 16 months and have no assets in common. Divorce pending. Emails sent from immigrant to spouse attempting payment to file I-751 together and attending interview if required alternating with threatening I-864 maintenance if spouse does not continue the process until citizenship granted, emails describing income tax evasion scheme by sending cash out of the country also reported to IRS, and additional exhibits regarding domestic violence. Submitted certified, return receipt with A # and Case #s for I-130 & I-485 to FDNS & local office.

Attorney Answers 3


Are you the citizen sponsor/petitioner? The evidence, if true, might at least get ICE to review the case closely.

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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Each case is different, and even "evidence" as this may no do what you want it to do. You can provide information to the government, but the agency will make the ultimate decision (and will not involve you in making that decision).

Just a word of caution on providing "evidence" of fraud or efforts to get a spouse deported: Any information that is presented to USCIS will likely be shared with the immigrant, and by regulation, MUST be shared if the information is used as the basis of an adverse decision. If a case proceeds to a deportation hearing, you may also be subject to subpoena and other legal action.

Thought I cannot speak to your particular situation, in my experience, cases where the US citizen spouse goes well out of their way to document "fraud" or try to get their ex deported, often are not what they seem. Many of our successful VAWA cases involve fraud findings by FDNS, affidavits from the spouse or other parties, and other "evidence" such as you describe, above.

My best advice after nearly two decades of seeing BOTH sides of this? If the relationship is truly insincere, duke it out in state court as an annulment where both parties have the opportunity to present evidence. That guards against overreaching by an abusive US citizen using the legal process against an immigrant, and a court finding of fraud after an opportunity to present and rebut evidence is better "proof" than anything you mention above.

Best of luck in the future.

This answer provides only general information and may not be relied on as legal advice. For more information about immigration law and policy, please visit or follow us on twitter (@lauralichter) or facebook, www.facebook/lichterimmigration. To find an immigration lawyer in your area, log on to Listed attorneys have been members of the American Immigration Lawyers Association, the nation's premier bar association for immigration lawyers, for at least two years, comply with annual continuing legal education (CLE) requirements and carry malpractice insurance.

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Yes that's the problem the citizen is never seen as motivated by fear just abusive even if they are the woman. Check your assumptions please. So my options are death or emigrating myself to get away from him.

Laura L Lichter

Laura L Lichter


I'm really sorry that you have such a difficult situation, and by all means, if you think you are in danger, contact your local police or a shelter and get information on how to obtain a restraining order and keep yourself safe. For what it's worth, because I don't know your particular situation, I explicitly did not make any assumptions. Instead, I wanted to point out that if you think you are at risk, trying to get the immigration agency to solve your problem is never going to be the fast, safe, or effective solution.

Carl Michael Shusterman

Carl Michael Shusterman


Excellent answer!


You didn't tell us who you are ... and how you fit-into this case.

Yes, that is a lot of evidence that could be sent to ICE.

BUT, be prepared for ICE to tell you that they have more important things to do.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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