QUESTION
Can a legally married couple be denied visa for a fraudulent marriage?
Asked on Jan 05th, 2012 on Immigration - New York
More details to this question:
My wife and I are legally married and staying together. She won the dv lottery with me as beneficiary, but we were denied the visa for entering into a fraudulent marriage which is not so.
7 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
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Feldman Feldman & Associates, PC
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Once the government has made a finding of a fraudulent marriage the burden shifts to you to overcome this. I suggest you retain an attorney to help you through the process.
Answered on Jan 18th, 2012 at 8:07 AM
Yes, if you did not prove to the satisfaction of the consular officer that your marriage is bona fide, a visa can be denied.
Answered on Jan 13th, 2012 at 7:50 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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It is unclear if CIS denied the application because of your current marriage or her previous marriage. I suggest you consult with an immigration lawyer for advise.
Answered on Jan 12th, 2012 at 10:30 AM
Leon Wildes
You should challenge that decision legally if your marriage is legit.
Answered on Jan 12th, 2012 at 9:03 AM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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This questions lacks certain facts. Normally, if the government believes the marraige is fraudulent, you are given an opportunity to respond. In addition, when you are denied because of a fraudulent marriage, it is followed with an explanation.
Answered on Jan 12th, 2012 at 8:55 AM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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Yes. You have the burden of proof to show that it is a bona fide marriage.
Answered on Jan 11th, 2012 at 7:00 PM
Criminal Defense Attorney serving New York, NY
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Law Offices of Nicklaus Misiti, PLLC
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Yes, it is possible.
Answered on Jan 11th, 2012 at 6:53 PM