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What are my chances of getting this approved? My I 130 denied

Orlando, FL |

I was previously married to man that tried to use me for a green card. I never filed aanything with this man. Now my current husband and I are going through the process and they are denying my husband his green card. I am frustrated and don't understand why this is happening when i was honest and up front with everything. What are my chances that my husband will get his green card?

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Attorney answers 4

Posted

What is the reason given for denying your husband?

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

Asker

Posted

I 485 was denied because the I 130 was denied; I was denied because it states that we do not know each other. Even though all answers were answered correctly in the interview.

Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina

Posted

That is difficult. Did you have an attorney present to represent you. Normally, if all answers to questions are "honest and up front" a case such as yours would not be denied, unless there is something you are not mentioning. Dd you provide supporting evidence for this marriage How long ago was the I130 denied? You can have that decision reviewed or you can refile. Did CIS say your marriage was fraudulent (the current one)?

Asker

Posted

We did provide evidence tax documents; my pention showing he's the beneficeary; pictues,ect. The first interview there was no attorney; but the second interview we got one because the interviewer in the first interview kept asking sole questions about my ex husband. After our second interview; my attorney did say that it appeared that the interviewer did not like me because I stood up for myself and my husband. My attorney said this was the first time she has come across denial because of the petitioner not the beneficary. No our marriage is not considered fraudulent.

Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina

Posted

Well CIS must state the reasons for denial in some detail. What does your attorney think about refiling or asking for review?

Posted

I strongly recommend you consult with an immigration lawyer. If there is any reason for the immigration officer to suspect a marriage is fraudulent, then you need a lawyer to help you navigate through that and present the proper evidence to help you.

The information offered is general in nature and not meant to be relied upon as legal advice. No client-attorney relationship is created through this information. Please consult an attorney prior to making legal decisions.

Posted

You should have an attorney practicing immigration law review the decision with you and from the review a good direction for you to follow can be established.

Posted

The fact that you were previously married to someone is not grounds for the denial of the petition you filed for your husband. If USCIS feels that your marriage to your current husband is not bona fide then that would be a reason to deny the petition. Likewise, if there is something in your husband's immigration or criminal history which renders him ineligible that could be a reason for a denial as well. In short, from your facts, something doesn't add up.

I suggest you consult with an experienced immigration attorney who can review the case (including the written denial notices), advise you as to the options available, and recommend an appropriate course of action.

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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