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 ?
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.
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.
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