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Apply to another I-130 petition after the first sham marriage by my husband.

Kalamazoo, MI |

I have been married to my husband for 13 years, In 2004 he was deported to his native country of Kenya. In 1995, before I met him,he was married to another USC and was found to have a sham marriage and also overstayed his visa. I have already applied for 2 (I-130petitions) and both were denied. I have 2 children with him and we see him every two years. He was barred from entering the US for 10 years. Because we no longer can live like this, I have decided to move to Kenya next month, plus I am leaving my job, etc. Is there a possible way to apply at the US Embassy a petition or waiver to get him back to the USA? If so, what is the first thing I should do? Or should I not apply yet and wait for the final 3 years to complete the ban?

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Attorney answers 1


The 10-year bar is one thing. But the other, separate thing is that when someone has been found guilty of participating in a sham marriage, that person is no longer eligible for any immigration benefits for the rest of his life. So unless Congress changes the law to eliminate that penalty, you will never get an I-130 approved for him. Your two previous I-130s were not denied because he has a 10-year bar. They were denied because of his previous sham marriage. And unfortuantely you will keep getting the same result for the same reason.