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Green Card through marriage denied. Case closed. File motion to reopen?

Boca Raton, FL |

I applied to get a green card through my husband. We went to the interview about a month ago and they separated us. They told me to my face that everything looked good and they only did it because of my address and the area where we live. And for two hours proceeded to antagonize us with questions about sex and other things. We got about 90% correct about our dating and stuff, but the sex questions and extreme details they wanted and kept coming back to go screwed up.
They also kept saying this was my husband's way of getting rid of me.
Yesterday I received a letter saying the case was denied because they thought it was a fake marriage, the case is closed and I have 30 days to leave the country. There's no appeal but I can file a motion to reopen the case.
What do I do? I'm desperate.

The letter about leaving the country says it's not a deportation letter but a way to leave legally, otherwise it could become a deportation situation. What are my chances of getting the green card if I keep trying? My family and life is here, I've lived here for over half of my life. I can't leave the country.

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Attorney answers 3


you need to file a motion to reopen and sue them in district court. get a good immigration attorney, which could have avoided this from the beginning, now you will need to fight because if you allow a sham marriage finding to stay on your record you will never get a green card in the future.

Please be advised this answer is for informational purposes only and no attorney-client relationship has been formed. You should also see a local attorney for legal advise before acting on any of the statements given to you online as there may be aspects of your case that are not obvious by the question asked online.


I agree. Get a good immigration attorney to file the motion to reopen and fight. If the denial specifically states that your marriage was a sham, you will not be able to get another Marriage based petition.


What you are describing is not normal and is indicative of USICS taking advantage of persons who are unrepresented by an attorney. USCIS officers asking questions regarding sexual practices during an adjustment of status interview in order to determine the bona fides of a marriage is improper.

There are a number of different options which are available when a relative (spouse) petition is denied. This includes filing a motion to reopen and/or reconsider, appealing to the Board of Immigration Appeals, filing a new case (the denial is generally without prejudice to filing a new petition) or filing suit in Federal Court. However, there are time limits associated with some of these options and which one is best for you can only be determined after a thorough review of your case.

Schedule a consultation with an experienced immigration attorney who can review your case with you and your husband, advise you as to the options available, and recommend a course of action. You should do this without delay as time is of the essence.

While written by an attorney who is a Florida Bar Certified Specialist in Immigration and Nationality Law, the statements herein should not be construed as legal advice. No attorney/client relationship has been created without a formal consultation with the attorney and the attorney has agreed to accept your case.

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