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Marriage to US citizen - Found not bonafide

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  • Marriage to US citizen - Found not bonafide

    While applying for Adjustment of status USCIS does interview, check various documents to prove that the marriage is actually bonafide and the intention of the marriage is correct (not just for the cause of getting GC). My question is if the marriage has been found to be not bonafide what happens next
    1. Is the marriage declared NULL and VOID
    2. Does the person applying for AOS have to leave US in a certain period of time
    3. What happens to the US citizen spouse - is he/she penalized for the non bonafide marriage?
    Thanks

    P.S: This is in context where both the US Citizen Spouse and the person applying for AOS are in US

  • #2
    Originally posted by roychoudhury@houston View Post
    While applying for Adjustment of status USCIS does interview, check various documents to prove that the marriage is actually bonafide and the intention of the marriage is correct (not just for the cause of getting GC). My question is if the marriage has been found to be not bonafide what happens next
    1. Is the marriage declared NULL and VOID
    2. Does the person applying for AOS have to leave US in a certain period of time
    3. What happens to the US citizen spouse - is he/she penalized for the non bonafide marriage?
    Thanks

    P.S: This is in context where both the US Citizen Spouse and the person applying for AOS are in US
    1. No. If you were legally married, then you are married, period. The fact that USCIS may find that your marriage isn't bone fide in their eyes will not change that you are legally married.
    2. Possibly. But you may be able to appeal their decision.
    3. No, if USCIS finds that your marriage is not bona fide in their eyes, the USC spouse will not be penalized.
    2019/02/27 PD
    2019/03/09 Received Receipts
    2019/03/15 Received Biometrics Appt.
    2019/03/26 Biometrics Appt.
    2019-04-01 Case ready to to be scheduled for interview
    2019-04-22 Interview Notice received via USPS
    2019-05-20 Interview: Approved after 82 days.
    2019-05-21 Card in production
    2019-05-23 Update that USPS picked up the card
    2019-05-24 I-130 and I-485 Approval Letters received via USPS.
    2019-05-29 Green Card Received

    Comment


    • #3
      Originally posted by roychoudhury@houston View Post
      While applying for Adjustment of status USCIS does interview, check various documents to prove that the marriage is actually bonafide and the intention of the marriage is correct (not just for the cause of getting GC). My question is if the marriage has been found to be not bonafide what happens next
      1. Is the marriage declared NULL and VOID
      2. Does the person applying for AOS have to leave US in a certain period of time
      3. What happens to the US citizen spouse - is he/she penalized for the non bonafide marriage?
      Thanks

      P.S: This is in context where both the US Citizen Spouse and the person applying for AOS are in US
      Do not do it. Either marry somebody because you want to make a life with them, or don't. You are heading for a fall. They are not fools and they are being more and more careful. Consequences would be terrible for all parties.
      C9 NY

      * 10/25/18 - PD
      * 10/31/18 - Credit Card charged for both i-130 and i-485
      * 11/01/18 - 4 text messreceived
      * 11/06/18 - 4 NoAs in mailbox
      * 11/10/18 - Biometrics notification in the mail
      * 11/21/18 - Biometrics Appointment
      * 12/05/18 - "Fingerprint Review was Completed" i-485 and i-765
      * 02/27/19 - "Case is ready to be scheduled for an interview" i-485
      * 02/28/19 - Received the i-693 Courtesy Letter
      * 05/20/19 - 2 NoAs for i-765 and i-131 in mailbox
      * 05/22/19 - Combo Card in hand

      Comment


      • #4
        Originally posted by roychoudhury@houston View Post
        While applying for Adjustment of status USCIS does interview, check various documents to prove that the marriage is actually bonafide and the intention of the marriage is correct (not just for the cause of getting GC). My question is if the marriage has been found to be not bonafide what happens next
        1. Is the marriage declared NULL and VOID
        2. Does the person applying for AOS have to leave US in a certain period of time
        3. What happens to the US citizen spouse - is he/she penalized for the non bonafide marriage?
        Thanks

        P.S: This is in context where both the US Citizen Spouse and the person applying for AOS are in US
        1. No, it's still a legal marriage.
        2. Possibly - depends on the situation. You'd probably have to talk to a lawyer for this one.
        3. Possibly. In general, USC spouses are not penalized for a finding of a non bona fide marriage but if it's a clear case of immigration fraud that both parties engaged in (i.e. foreign spouse paid USC spouse), then the USC spouse may face civil/criminal penalties.
        2/20: Received at Chicago lockbox
        4/04: We reviewed your biometrics and are processing your case (I-765 & I-485)
        4/18: Ready to be scheduled for an interview (No notification, not updated on either site until Aug 27)
        4/19: Request to expedite EAD
        5/11: Received EAD
        6/26: Applied for Advance Parole
        8/09: Advance Parole approved
        8/29: Scheduled for Interview
        10/11: Interview
        10/12: RFE on I-130 (misplaced G28)
        10/16: Sent new G28
        10/19: Approved!

        Comment


        • #5
          Originally posted by nycfiler3 View Post

          Do not do it. Either marry somebody because you want to make a life with them, or don't. You are heading for a fall. They are not fools and they are being more and more careful. Consequences would be terrible for all parties.
          When you say consequences are terrible for both parties - what do you mean.

          Comment


          • #6
            Assuming you're "asking for a friend", you might want to choose a slightly more anonymous username ...
            UK citizen married to US citizen 10/19/2018

            11/1 - I-130, 131, 485, 765 sent to Chicago lockbox
            11/2 - Priority date
            11/14 - 4 x I-797C
            11/19 - Biometrics notice - scheduled for 11/27
            11/20 - Attempted biometrics walk-in - location too busy
            11/27 - Biometrics completed
            12/06 - 485 and 765 "Fingerprint review completed"
            3/18 - 485 "Ready to be scheduled for interview"
            3/27 - 765 "Card is being produced"
            3/29 - "Card was mailed"
            4/3 - Combo card in hand - day 153

            Comment


            • #7
              Lol. This thread has been entertaining
              Concurrently Filed forms I-130, I-485, I-765, I-864
              3/9/19 - Package Sent
              3/13/19- Package Delivered at Chicago Lockbox
              3/15/19- Text msg stating case has been received and I-797 to follow in mail
              3/15/19- Fingerprint fee received

              Comment


              • #8
                I really think government checks all info in the internet.
                12/6/2018 USCIS received the docs
                12/12/2018 Credit Card was charged
                12/24/2018 Received Receipt Notice
                01/05/2019 Received Courtesy Letter for I693
                01/08/2019 Received Biometrics schedule 01/18
                01/18/2019 Biometrics Done
                02/21/2019 Scheduled an Interview for i485
                02/27/2019 Received Interview Schedule 04/01/2019
                03/21/2019 EAD Card being Produced
                03/27/2019 EAD Approval Notice received
                03/28/2019 EAD Card received
                04/01/2019 I-485 New Card is being Produced

                Comment


                • #9
                  Originally posted by nycfiler3 View Post

                  Do not do it. Either marry somebody because you want to make a life with them, or don't. You are heading for a fall. They are not fools and they are being more and more careful. Consequences would be terrible for all parties.
                  I'm not sure what you are talking about. OP never said they were marrying for GC. OP stated that during the process USCIS does an interview and checks various documents to prove that the marriage is actually bonafide. That was a statement, not a question. OPs questions followed that statement, but no one answered his questions. I think you and others misunderstood, and jumped straight to thinking OP was asking whether or not USCIS would check if the marriage was bonefide. He already knew that.
                  2019/02/27 PD
                  2019/03/09 Received Receipts
                  2019/03/15 Received Biometrics Appt.
                  2019/03/26 Biometrics Appt.
                  2019-04-01 Case ready to to be scheduled for interview
                  2019-04-22 Interview Notice received via USPS
                  2019-05-20 Interview: Approved after 82 days.
                  2019-05-21 Card in production
                  2019-05-23 Update that USPS picked up the card
                  2019-05-24 I-130 and I-485 Approval Letters received via USPS.
                  2019-05-29 Green Card Received

                  Comment


                  • #10
                    Originally posted by roychoudhury@houston View Post

                    When you say consequences are terrible for both parties - what do you mean.
                    I don't think the person who told you this understood what your questions were. They thought you were asking whether or not USCIS would check to see if your marriage was bonafide, assuming you were wanting to marry someone just to get a GC. They are advising you not to do it (not to marry just for a GC). But that wasn't your question. Myself and Ember have given you answers.
                    2019/02/27 PD
                    2019/03/09 Received Receipts
                    2019/03/15 Received Biometrics Appt.
                    2019/03/26 Biometrics Appt.
                    2019-04-01 Case ready to to be scheduled for interview
                    2019-04-22 Interview Notice received via USPS
                    2019-05-20 Interview: Approved after 82 days.
                    2019-05-21 Card in production
                    2019-05-23 Update that USPS picked up the card
                    2019-05-24 I-130 and I-485 Approval Letters received via USPS.
                    2019-05-29 Green Card Received

                    Comment

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