I got a letter of intent to deny my I 130 petition for the 2nd time, even though I got a BIA decision to remand the case a year ago. They are accusing my husband of entering in a sham previous marriage. I need to know if there are any cases similar to mine and what are my chances of winning if I appeal it?
Yes if you address all the issues of concern which is hard to do without an attorney. If his marriage was indeed sham and they can prove it, you have a problem. If it was not, you should try and address why you believe it was not. The burden is on your husband once they had enough prima facie evidence to show that it was likely so.
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