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Seems like I will end up in immigration court because of the notice to appear. I am being accused of fraud by the USCIS.

Los Angeles, CA |

My ex filed for divorce from me 2 months after the arrival of my card. Quite honestly, I just have a few affidavits from friends who say that the marriage was bonafide, but they are my own friends, and not sure if only affidavit will help me out in front of the judge. What do immigration judges look for during the hearing? I heard that the government will have its own attorney. My ex has also provided information to the USCIS of my concealed marriage and divorce back in my home country. I did not intentionally conceal it, I simply did not think that it was a big deal to let my citizen wife know about it, especially when I have no kids and the marriage back then lasted for a few months only. There are a few other things too, but I did enter the marriage in good faith.

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Attorney answers 4


You will need an attorney to help you. A finding of marriage fraud will prevent you from getting any other immigrations benefits and will also lead to your removal. You are correct that entering the marriage in good faith is the critical issue. You should not handle this matter on your own.

The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.



Thanks. In my situation would I have to provide the judge with joint that the type of proof the judge would be looking from me with or without a lawyer?

Theodore John Murphy

Theodore John Murphy


With or without a lawyer you will have to prove it was a valid marriage. You already have negative facts regarding your credibility. A very large shadow of doubt preceeds you into court. You need a lawyer.


I agree with Mr. Murphy. Too much has already gone wrong. In concealing the first marriage and divorce, you were unable to trust your second wife would still love you. If you withheld other facts, then the ICE Chief Counsel will insist that that the withholding of information to your second wife 'may' go to the bona fides of your relationship. Whether this is enough to rescind status depends on all of the facts and the judge hearing the case. You really need to find a way to afford a competent and experienced immigration attorney to represent you. Good luck.

This is general information, not legal advice, and does not create an attorney client relationship.


NTA IS an invitation to an immigraiton court. Hire an immigraiton attorney with experience in removal and deportation issues. Do not play with it.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; 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.


As you note, the government will be represented by an attorney. You should be too. From what you describe you are in way over your head already. Consult with an experienced immigration attorney immediately.

While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.

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