Skip to main content

Is this i-130 misrepresentation ?

New York, NY |

My spouse is currently outside the country and i am getting ready to re-file i-130 for him. We were married, he had his green card, then we got divorced and remarried recently.

We were sorting out some kinks about his previous visa stays ( no overstays etc) and stumbled upon this ridiculous gem.

After a brief series of fights last year (after the divorce), he sent out a packet to USCIS claiming that our marriage was on the rocks (blah blah blah). Nothing specific, just claiming that the marriage was going through a tough time because my sister told him i reported him as a fraud (I WOULD NEVER DO SUCH A THING!)

Then he sent a letter again recently RIGHT AFTER timely retracting that previous letter.

He sent it to the California Service Center.

Do you think that counts as misrep ?

Attorney Answers 4

Posted

I recommend you get consultation and representation from an experienced immigration attorney. Because there has been an accusation of fraud, and some contradictory statements in the letters your husband submitted, you need to work with an attorney who will help you put together a petition and application that will address the fraud issue head on and assuage any concerns on the part of USCIS.

From what you describe, this issue can be dealt with successfully, but do not make the mistake of going it alone.

FREE INITIAL CONSULTATION AVAILABLE. Phone (646) 663-5902. Offices in Queens and Manhattan. Website located at ConroyImmigration.com. Our responses on this site do not create an attorney-client relationship. Our responses on this website are for educational purposes only and should not be construed as legal advice. Immigration and nationality law is a complex area of law which requires careful review of a person's particular circumstances. Do not rely on any answers provided on this site to make a decision on your case. For proper legal advice, you may contact us for a free initial consultation.

Mark as helpful

1 found this helpful

2 lawyers agree

2 comments

Asker

Posted

Appreciate your suggestion Just curious, does USCIS read every letter that is sent to them ? A few attorneys have been telling us that they do not read letters from vindictive spouses etc.

Charles Richard Conroy

Charles Richard Conroy

Posted

Assume that an officer will read everything in a file assigned to him or her, especially where a fraud accusation comes up. What weight letters from "vindictive spouses" are given depends on the particular circumstances. For example, the letter of an abusive U.S. citizen spouse will carry little weight without other evidence where the immigrant is self-petitioning for legal status through a special process for battered immigrant spouses. Your case, however, is totally different, at least from what you describe. In your case, your husband is the immigrant spouse rather than the "vindictive" U.S. citizen spouse. I would suspect that they would want to know a little bit more about the marriage based on what he wrote, and what your sister allegedly stated. In other words, hire an attorney to help you. Good luck!

Posted

I think you need to hire an immigration attorney to sort it out.

Free Consultation Anywhere in USA | 626-399-4194 |ICannHelpYouNow.com | John1Davidson@gmail.com

Mark as helpful

4 lawyers agree

1 comment

Asker

Posted

Thank you. Will do. Do you think I should file the i-130 and refer to those letters ? Any general advise would help.

Posted

It counts like a very confused mind going through difficult times and causing herself and her family even more trouble yet. You need to consult with an experienced immigration attorney. What you are asking is not really a general question. You want some case specific analysis. In oder to tell you whether it was a misrepresentation, one would need to know more than what you included in your description. I would start with the fact that your spouse is in a minority of individuals who had a green card and then did not have a green card as if it was a tourist visa. Both of you are obviously confused and THAT has already led to your husband not having a green card any longer. I think the lesson from this situation is that you need professional legal help. There is much more to I-130 than filling out the form. You can create real problems for your husband, your family, yourself.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

Mark as helpful

6 lawyers agree

1 comment

Asker

Posted

Thank you for the comment. I sent you a private message.

Posted

You would need to speak with an immigration lawyer and discuss exactly what was told to USCIS in order to determine whether a misrepresentation was made.

IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual. For persons located in New Jersey: To the extent that Mr. Murray's profile can be considered an advertisement in New Jersey, which is denied, be advised that NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. Furthermore, the selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website: http://www.superlawyers.com/about/selection_process.html.

Mark as helpful

1 lawyer agrees

Form I-130 (alien relative) topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics