Permanent Residence Approved Despite Previous Denial

• Applicant: Mr. Abara
• Nationality: Nigerian
• Case Type: I-485, Permanent Residence Through Marriage
• Processing Time: 11 months
• Challenges:
  1. Passed the 90-day deadline to get married for a K-1 visa
  2. Huge age difference, over twenty years; which is one of the potential red flags an immigration caseworker looks out for
  3. Expedited Request required due to his spouse being ill
  4. A previous denial of I-485 application
  5. Misguided by a case interviewer

BACKGROUND

Whenever United States Citizenship and Immigration Services (USCIS) begins reviewing any petition for a green card through marriage, they are on the lookout for fraud. Unfortunately, a green card through marriage has rightfully become one of the most scrutinized immigration processes due to the high rates of fraud. Common red flags include: no children, previous marriages, a significant age difference, even interracial marriages can raise suspicion for USCIS. Unfortunately for our client, Mr. Abara and his wife, their relationship presented all of these factors in addition to others.

Mr. Abara came to the United States on a K-1 visa, also known as the fiancé visa. He had met his future wife outside of the country, and had been approved for the K-1 visa. The K-1 visa requires that the couple get married within 90 days of Mr. Abara’s arrival to the U.S., and they failed to get married within this designated window. The failure to comply with this requirement led their first I-485 application to get denied and this was when the couple sought out Tsang & Associates for further guidance.

KEYS TO SUCCESS

After a comprehensive strategy session, we informed Mr. Abara and his wife about the process and the challenges that would need to overcome in order to increase the likelihood of success. It was critical that we proved that their marriage was bonafide and to compile all supporting documents to demonstrate this. This was no easy feat, as we had to address and overcome all of the potential red flags that were present in their case. Mr. Abara was in his thirties; his new wife was in her late fifties. He was black, she was white. They had no children together, and she had been previously married. We created a customized checklist and requested copious amounts of evidence of their lives together. Once we had all of Mr. Abara and his wife’s documentation, we organized it and presented it as an effective and evidence-based argument of their relationship.

In addition, we put Mr. Abara and his wife through our rigorous interview prep. We always make sure our clients know well ahead of time what is going to likely be asked of them during the interview process.

The final part of the process was somewhat unique to this case. Ms. Abara began to get seriously ill. It was clearly the effect of the stress of their precarious situation. She was stressed out that her husband might have to leave her and return to Nigeria. She was hospitalized for these complications, which meant that no one in their family was working and earning an income. Thus, we had to apply for this case to get an expedited work-permit so that Mr. Abara could lawfully work in the U.S. and financially support his wife. The request was approved, and Mr. Abara was now scheduled to attend his interview.

During their interview, the USCIS case officer reviewed their documentation and informed them that the case was on track to be approved, but the case officer believed that Mr. Abara had to leave the country after failing to marry Ms. Abara within the 90-day window. They were both extremely worried about the officer having to leave the country, and we advised them to wait for the official notice from USCIS before making any travel arrangements.

OUTCOME

Within less than one week after their interview date, the Abaras’ received Mr. Abara’s approval notice from USCIS. They were thankful to Tsang & Associates for all of their guidance from beginning to end and for the legal and emotional support they received.  Mr. Abara was able to remain in the United States with his wife and is now looking forward to becoming a U.S. Citizen in the near future.

*Name has been changed to protect client identity