Legal Question in Immigration Law in Missouri

My niece is married to a US citizen who previously married a woman in India. The woman to whom this person was married deliberately provided wrong information to the US immigration authorities when her application for immigration came up for hearing, leading to holding the said marriage null and void by the immigration authorities and turning down the request of the woman for Visa for the US and immigration to US. On the boy's request, the immigration authorities provided the reasons in writing for refusing the Visa and holding the marriage null and void. Since the US immigration did not recognize the marriage of the boy in India, the boy married my niece who was already in the US on a temporary Visa. Now the boy wants to apply for immigration of my niece in the US. Will the previous marriage that was held void by the immigration authorities affect the application? What should be the best way to proceed in the matter so that my niece can get permanent immigration to the US on basis of the marriage to a US citizen?

Asked on 11/16/13, 7:15 pm

1 Answer from Attorneys

Bill Klein Law Office of Bill Travis Klein

I have had a few cases like this. It sounds like your niece's U.S. Citizen husband was suspected of being involved in marriage fraud along with the woman.

If a 221(g) was issued by the consulate and the petition was revoked by USCIS, your niece and her husband may have a very hard time getting another petition approved and a visa issued.

Consult with an immigration attorney who can review all the paper work and help you through the process before acting on this information.

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Answered on 11/17/13, 5:48 am

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