This is going to be a tough one. Technically unless you prove the first marriage was bona fide (not a sham), your second marriage will not be approved even bona fide. At this point, it does not matter about the intent to deny. You have big problems on your hands. You should talk to a lawyer and avoid dealing with the USCIS on your own at this point.
Shah Peerally, Attorney at Law http://peerallylaw.com Phone (510) 742 587 President of Shah Peerally Law Group PC Newark CA Important: The above is provided for educational purposes only. You should not act or refrain to act solely based on the information provided. Cases differ and success in one case might not constitute guaranty of success in your case. We recommed to talk to a licensed attorney before you proceed. For more information on call us on 510 742 5887
Did you receive the Notice of Denial yet? Or is your case still at the Notice of Intent to Deny stage?
As my colleague stated, you would need to convince USCIS that your husband's first marriage was bona fide, or else he will not be able to obtain permanent residence through your marriage to him. So, the I-130 that you filed must include a determination by USCIS about your husband's first marriage.
I strongly suggest that you consult with an experienced immigration attorney as soon as possible.
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Once a person enters into a phony marriage, they are forever barred from being petitioned by a spouse, another relative or even an employer. If your husband can immigrate without a petition (e.g., visa lottery), he will still need a fraud waiver. See an attorney.
Please click the link below for additional information.
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Know Your Rights!
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
If your husband married for a greencard, then it is time to start thinking about both immigrating to Canada. There may be other potential options, like seeking cancellation of removal. However this is complicated and most are better off economically seeking landed immigrant status in Canada. Good luck.
This is general information, not legal advice, and does not create an attorney client relationship.
A finding of fraud in a prior marriage will bar your from receiving any legal status in the United States. Your options are for him to either depart the US or be able to combat the fraud finding through the visa petition process. If this is something you can do and his first marriage was not a "sham marriage" you have options available to you which may not require him leaving the US.
I will be brutally honest with you. Your situation, as described by you, may have reached a point of no return as any registered documented finding of fraud by the USCIS will bar the beneficiary for a lifetime from acquiring any prospective immigration benefits.
Even as suggested by sagacious counsels, a contemplated Motion for Cancellation of removal will be a Sisyphean effort in that case that would amount, essentially, to an exercise in futility.
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