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View Full Version : Intent to Deny; Marriage based AOS...


Mrs.T
02-01-2008, 09:50 PM
I have posted on the marriage AOS board but didn’t get too many answers. To make a LONG story short, I had gotten married in 2005, and husband had filed 130, 485 for me. The marriage went REALLY bad and I filed for divorce a few months after. UCCIS also sent me a letter in Nov. 2006 stating that my 485 was withdrawn by my husband.

I re-married, and my 2nd husband filed 130, and 485 for me on December 2006. We had our interview in June 2007. 6 months later, in October 2007 my lawyer received a Notice of Intent to Deny. In that Intent to Deny, for the 1st time ever, USCIS is trying to charge me with marriage fraud with my FIRST marriage. They state in the letter that apparently my 1st husband, when he withdrew his petition AFTER I filed for divorce, told them that I cheated on him and gave the service officer “details of my confession” that I only married him for papers!

When the USCIS sent me the original letter in 2006 stating that the petition was withdrawn, there was no mention of marriage fraud. During the interview with my 2nd hubby, when we had a “stokes interview”, the issue of marriage fraud was NEVER brought up. She had asked me why I filed for divorce from my 1st husband and I told her how he was doing financial fraud, running up debt, had an current arrest warrant out for check theft etc. I told her I didn’t have those papers with me...........while leaving the interview, my lawyer and I asked her if she wanted us to provide more evidence or any other proof. She told us “no”. Then we get the Intent to Deny 6 months later.

We responded to the Intent to Deny on Nov. 18, 2007. I submitted the papers I had from our (1st hubby) checking account where he overdrew the account.......he was convicted for check theft a while back and I found proof of that.....he has several convictions for driving without a license and insurance.....he also still has that active arrest warrant out for check theft etc.

I’m trying to see if anyone here has gotten an intent to deny related to marriage AOS and how long it took the USCIS to make a decision. *sigh* Any other info., tips, or experiences would be greatly appreciated. The most ironic thing in all this is that they don’t doubt my current marriage! Heck the Intent to Deny even states that my current DH and I seem to be in love etc. etc. etc!

kitkat1
02-01-2008, 10:12 PM
Mrs. T - I strongly suggest you consult with a lawyer. The whole reason for a Stokes interview is because they didn't believe the validity of the marriage - at least one them.

Mrs.T
02-01-2008, 10:25 PM
Thanks! I've had a lawyer since the beginning. The lawyer filed all the paperwork, he was with us during the interview, and he submitted the response to the intent to deny.

I guess I'm just still freaked out. I hate playing this "waiting" game. My main thing is just trying to see how long it might take USCIS to make a decision.

I know our lawyer told us that IF the USCIS deny our response, then I'll lose my work permit......but I can appeal the decision and then we'll end up in immigration court where a judge will decide.

Is it normal for USCIS not to charge me with fraud initially......or even to bring it up in the interview BUT to mention it in the intent to deny over a year later?

krassi
02-05-2008, 01:22 AM
I have been married to my husband for over two years and a half now and we had our interview at the Milwaukee Service Center in the begining of Dec, 2007. About a month later we got the same letter - Intent to Deny Petition for Alien Relative. The lady that interviewed us didn't want to look at any of the evidence we had brought with us which was a big thick file with a lot of bills, join bank account statemtns, car insurance, etc.

One of the reasons they had listed in their letter was that I had overstayed my visa and I had worked (for my husband's company) without permit.

So, the only conclusion I can draw form all of this non-sence in that they are simply looking for any reason to deny as many cases as possible.

We send a response letter and currently we are waiting for the USCIS to reply. It is a nerve wrecking proccess.:sad:

blueblue
02-06-2008, 07:35 PM
This is becoming too common. They are definately looking for any excuse to deny anyone, no matter how flimsy or even outrageous the excuse. The result is a longer, more costly process for everyone.

The best you can do is keep fighting on your individual case and if you want to help change the atmosphere, raise your (and encourage your family to raise their voice too) political voice with groups like American Familes United.org and directly with your legislators.

Keep fighting because you deserve a positive resolution for your family.

Mrs.T
02-06-2008, 08:11 PM
Thanks for the responses.

Krassi: You had your interview in Dec. 2007 and they already sent you the Intent to Deny letter? Wow....that's fast! We had our interview in June 2007, and received the Intent to Deny in October 2007!

My lawyer says their argument is ridiculous. I guess I'm just still scared. And yea the money.......of course it cost me $ to pay my lawyer to respond to the notice.....it cost me $ to hire a PI to dig up my ex's criminal history...and it cost me to apply for the re-newal of my 765. :(

emt103c
02-07-2008, 07:11 PM
:bang::bang::bang::bang:

JennyM
02-07-2008, 07:18 PM
Marriage fraud does happen a lot. I would just listen to your lawyer. It will work itself out in the end.