What is the average time frame for USCIS to reply after receiving evidence to their notice of intent to deny.
My wife received NOID in Sep and we sent the response in time. Allegations were that my wife's mother denied the fact that her daughter is married and leasing staff denied to recognize my wife. Some other related to initial evidence we provided at the time of interview.
Also, her son lives with her parents and she applied medicaid for him at her mothers house. They wrote that it appear we never lived toghter and marriage is for mmigration purpose only.
We sent alot of bills listed under both names.
affidavits from neighbors and friends.
A detail affidavit from me for response of each allegation.
What are the chances based on my situation of getting petition approved.
Thanks
Attorney answers (1)
Kevin Lawrence Dixler
Reputation Level 19
Answered over 2 years ago.
Immigration Attorney in Chicago, IL.
Well, did you enter the marriage because you really loved her? Is your marriage based upon a mutual understanding based upon trust, among other concerns? It violates immigration law to marriage only for a green card. The USCIS Investigation challenges your marital relationship for immigration purposes. It is your burden to prove that your marriage is valid for immigration purposes.
Which petition? Is it a form I-130 or I-751? The USCIS investigated the marriage. It collected damaging statements that 'suggest' marriage fraud. These allegations 'may' need to be proven by USCIS. Yet, you must rely on the USCIS to approve a form I-130 petition. This can complicate matters, so you need help. Some attorneys may claim that you both need too much help at this point, but this is arguably unclear.
The USCIS obviously thinks that you married each other only for a green card. Your mother-in-law made a damaging statement. Yet, the statement is not fatal without further investigation. In addition, we need to know whether the leasing staffer lives or works in your building, among other facts. The evidence is not conclusive, but definitely creates challenges. This case can be denied or refered to Immigration Court.
The USCIS has a responsibility to be concerned based upon its investigation. The fact that your wife is on Medicaid may create additional challenges. Is she on public aid, as well? Was medicaid based upon her low income or an emergency? If you are likely to become a public charge, then the I-485 adjustment application can be denied, as well.
Any experienced immigration should know that they can spend a lot of time documenting and negotiating with the USCIS. There must be facts to negotiate with! The petitions may have to be re-filed, if appropriate. Perhaps, the petition should be withdrawn.
If an attorney has a reasonable belief, or actual knowledge, that an applicant has committed fraud (married 'only' for a green card), then the Federal ethical regulations for immigration attorneys may limit representation to a confidential appointment or limited action. An attorney has a duty to represent an applicant's marriage in good faith. If the attorney concludes that there is marriage fraud, then an attorney should look for other immigration options.
You will need to prove to both the USCIS and to the ethical immigration attorney who represents you that you married for love. Otherwise, the attorney should consider other options besides a form I-130 marriage petition. If the USCIS persists and denies either a form I-130 or I-751, then the application needs to be filed, again, or arguments renewed, before an Immigration Court.
The above is general information and does not create an attorney-client relationship.
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