I-485 Denied Twice!!

[Fee2012]

My husband and I have been married since 2010. This is my first marriage but my husband has been married before. He tried to adjust status before and they told him the marriage was a fraud.
So I petitioned for him twice(I am American citizen), but we got denied. From my understanding, the marriage was not a fraud. the fact that his ex wife kids still communicate with him and sometimes they come spend a day or two with us. The immigration officers went to the house they were living and asked the leasing officers if they knew my husband and his ex wife. Since his ex wife didn't include him in the leasing contract they said they dont know him. She was in his medical insurance, life insurance, joint tax return, bank statements and few more documents.
After a while, the marriage didn't work out and they decided to divorce. in fact when I met him he was preparing himself to leave the country. I convinced him to stay and all will be well...so I thought. In our first interview, the officer said everything was ok but he said my husband has a grey file and he needed to go through it then he will get back to us. We later got a denial notice.
After two years, we had to file again and we got denied for the second time. Now our life is becoming tougher by the day since I am the only one working. The income is not enough. My husband has no work permit. We contacted a lawyer, we explained the situation and agreed to take the case, three weeks later he calls us and said our case is complicated and he want to give our money back. Please advice, my husband is getting tired and is ready to leave since he says there is no point to be here if he cant even work. I really dont want him to leave, I feel my life is being shuttered. He is my love and my home

[TarCas]

I am sorry to hear about your experience. From what I can tell, since your husband got his green card denied due to fraud it is now almost impossible to get him approved even if you feel that your marriage is genuine. Was he denied post interview the first time?

[Fee2012]

I am sorry to hear about your experience. From what I can tell, since your husband got his green card denied due to fraud it is now almost impossible to get him approved even if you feel that your marriage is genuine. Was he denied post interview the first time?

Yes he he was denied post his first interview with his ex-wife

[daggit]

. From my understanding, the marriage was not a fraud.

Don't know about others, but the way you worded it came across as odd..

[helpmylife]

Don't know about others, but the way you worded it came across as odd..

How else was she supposed to word it? From her understanding her husbands last marriage was legitimate and not a fraud. Easily understandable.

What is USCIS reasoning for the denials each time? DO they mention the previous marriage? I would definitely keep seeking out a lawyer if you can, if you can prove that this marriage is far from being a fraud, then I dont see why they cant atleast investigate this relationship under your own specific circumstances. A good lawyer should know how to proceed.

[daggit]

How else was she supposed to word it? From her understanding her husbands last marriage was legitimate and not a fraud. Easily understandable.

If the marriage is not a sham beyond any doubt, a simple, but definitive "..my marriage is not a fraud.." would've sufficed. It's all in the nuance of the english language.
Moreover.. when an attorney refuses to accept a case and offers to refund a retainer, that casts doubts on the validity of the evidence presented.

(My comments are in reference to OP's wording, and not a judgement on the case bonafides.)

[Fee2012]

How else was she supposed to word it? From her understanding her husbands last marriage was legitimate and not a fraud. Easily understandable.

What is USCIS reasoning for the denials each time? DO they mention the previous marriage? I would definitely keep seeking out a lawyer if you can, if you can prove that this marriage is far from being a fraud, then I dont see why they cant atleast investigate this relationship under your own specific circumstances. A good lawyer should know how to proceed.

To daggit, when my husband got married from his ex-wife I was not there, however the relationship he has with his ex-wife kids is enough not to doubt the marriage and more from the way he tells me. I do believe him. His wife kids are still coming to visit him, spend a day with us. He attends their birthdays. This makes believe what he tells me.

[Fee2012]

How else was she supposed to word it? From her understanding her husbands last marriage was legitimate and not a fraud. Easily understandable.

What is USCIS reasoning for the denials each time? DO they mention the previous marriage? I would definitely keep seeking out a lawyer if you can, if you can prove that this marriage is far from being a fraud, then I dont see why they cant atleast investigate this relationship under your own specific circumstances. A good lawyer should know how to proceed.

The notifications I get from the immigration is as follows...``Your marriage to your husband is not in question, your husband had engaged in a marriage fraud previously`` and it quotes Section 204 (c). The lawyer said for him to fight the case we have to have more evidence like emails, text messages, phone calls showing my husband communication with her over that period. Its been years and we cant get those evidences. Its over 7 years and the banks do not keep that record, we tried. Phone numbers have changed we cant the phone records.

[TarCas]

Why dont you move with your husband to his home country? You can always come back for any purpose in future. His ex wife and kids could probably go and visit him there as well.

[Fee2012]

Why dont you move with your husband to his home country? You can always come back for any purpose in future. His ex wife and kids could probably go and visit him there as well.

Its seems this is the best advice you could give....I accept it too.

[helpmylife]

If the marriage is not a sham beyond any doubt, a simple, but definitive "..my marriage is not a fraud.." would've sufficed. It's all in the nuance of the english language.
Moreover.. when an attorney refuses to accept a case and offers to refund a retainer, that casts doubts on the validity of the evidence presented.

(My comments are in reference to OP's wording, and not a judgement on the case bonafides.)

Absolutely understand what your referencing, but she was speaking in regards to her husbands previous marriage in which she was not a part of, therefore she cant say with certainty the reasonable motive for the relationship, she can only speak in regards to trusting her husbands words. USCIS sees his first marriage as a fraud which is why they have been denied 2 times now. Best advice is to continue searching for a lawyer willing to put up the fight with you, otherwise just as TarCas mentioned maybe you can go back to his country and make a life there?