Notice intend to deny 1 month after AOS interview

[Dazzle123]

I EWI in 1999. I was married at a very young age - arranged marriage. My ex husband was a USC and filed for me, which was approved. However, we got divorce shortly after and we never saw or heard from each other again. I am now married to a United States citizen. We have a baby. We filed for adjustment of status through the 245i act using my prior approved petition.

At my AOS interview (Holtsville, NY), the immigration officer was very nice. He asked for our baby's original birth certificate, which we produce. Then he said, 'are you aware that your ex husband withdraw your approval?' At that moment I was speechless and quietly said "no". He ask what are the grounds now to go on with this application - I told him that I was present in the united states before Dec, 2000, and showed him my proof. He looked at it, then he asked for proof that we are living together, we gave him our tax return. Interview last for about 5-10 minutes.

Yesterday I received a notice intent to deny because my prior petition was withdrawn, they felt my 1st marriage was not real.

Anyone else had this experience? Please share

[NettieL]

...We filed for adjustment of status through the 245i act.......... using my prior approved petition.
...........He looked at it, then he asked for proof that we are living together, we gave him our tax return. ...

I see two issues.
1) Your current husband didn't petition for you.
2) It seems people in the same situation usually provide more documentation, pictures, etc etc. as proof that they are living together.

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Not legal advice

[inadmissible]

Would your ex testify that it was a real marriage?

I'm not sure how old you were when you EWI, are you eligible for DACA?

[Dazzle123]

I see two issues.
1) Your current husband didn't petition for you.
2) It seems people in the same situation usually provide more documentation, pictures, etc etc. as proof that they are living together.

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Not legal advice

We also filed i130 which was approved.

When he ask for proof of us living together, I was looking through my file to gave him proof and he said just a tax return would be fine, hence the reason we didn't give him more.

HE is questioning the first marriage which was 24 years ago. Because I entered without inspection, I needed to have a petition filed before 2001, which was why I needed to use my ex husband petition.

- - - Updated - - -

Would your ex testify that it was a real marriage?

I'm not sure how old you were when you EWI, are you eligible for DACA?

I am trying to get hold of him to ask if he would testify.

I was 22 years old when I EWI.

[inadmissible]

If the earlier alien relative petition was approvable when filed, you are grandfathered under 245(i) even if the petition was later denied, revoked, or withdrawn

When applying for adjustment of status under 245(i), the burden is on applicant to establish that he or she is eligible for the grandfathering benefit sought

You should respond to the NOID will the compelling narrative articulating the merit of the earlier petition, despite being later withdrawn. You should attach compelling evidence of this. Think about the evidence you brought to the interview of the bona fedes of your current marriage. You similarly need evidence of the bona fides of your earlier marriage

Personally, I would hire an attorney to help with this, preferably an immigration attorney well versed in 245(i) defending accusations of fraudulent marriage

The good news is that if your response to the NOID fails (and the application to adjust status is denied), you'll have the opportunity to refile your application - this time with the appropriate supporting documents. If USCIS quickly refers the case to ICE for removal, even then you will have to opportunity to file adjustment of status before an immigration judge

The worst thing you can do is nothing, that is not respond, or respond weakly, or file an appeal without adding material evidence to the record

[Dazzle123]

If the earlier alien relative petition was approvable when filed, you are grandfathered under 245(i) even if the petition was later denied, revoked, or withdrawn

When applying for adjustment of status under 245(i), the burden is on applicant to establish that he or she is eligible for the grandfathering benefit sought

You should respond to the NOID will the compelling narrative articulating the merit of the earlier petition, despite being later withdrawn. You should attach compelling evidence of this. Think about the evidence you brought to the interview of the bona fedes of your current marriage. You similarly need evidence of the bona fides of your earlier marriage

Personally, I would hire an attorney to help with this, preferably an immigration attorney well versed in 245(i) defending accusations of fraudulent marriage

The good news is that if your response to the NOID fails (and the application to adjust status is denied), you'll have the opportunity to refile your application - this time with the appropriate supporting documents. If USCIS quickly refers the case to ICE for removal, even then you will have to opportunity to file adjustment of status before an immigration judge

The worst thing you can do is nothing, that is not respond, or respond weakly, or file an appeal without adding material evidence to the record

I am meeting with an immigration attorney at 4:00 PM today. The only problem, my first marriage was 24 years ago in another country. I have nothing to prove that my marriage was real. :-(

[inadmissible]

You got married 24 years ago, then you EWI'd 18 years ago, then your then-husband filed an alien relative petition on your behalf (no later than 16 years ago). So by my math, you must have been married for at least 6 years, and perhaps as long as 8 years. (unless your then-husband filed your petition while you were abroad before you got divorced and EWI'd, but I'm not entirely clear on your timeline)

You should have some evidence. Marriage certificate, wedding photographs and invitations, bank accounts and joint leases showing that you intended to live together, divorce petition narrating your marital history, friends & family who know of your life together, photographs from weekend excursions, etc. It would be great if you can get affidavits from his parents and siblings, landlords, and the ex himself