McBean Immigration Law

Approved After I-130 Revocation and Marriage Fraud Allegation

Challenges are very often a part of an immigrant’s journey.

One such challenge came our way when a Client from Morocco met with us in November 2021.

At the initial consultation, we learned that the Client had three marriages and a USCIS 204(c) finding that his first marriage was fraudulent.  

Before coming to us, our Client’s third wife filed an I-130 petition in 2013.

He also filed his I-485 Adjustment of Status Application.

The I-130 was initially approved.

However, after his I-485 interview, USCIS issued a Notice of Intent to Revoke the approved I-130 (NOIR) and consequentially denied the I-485 application.  

We recognized the complexity of our Client’s case, which included a revoked I-130 due to USCIS’s assertion of marriage fraud in his first marriage.

We embarked on a thorough case assessment to understand the intricacies of our Client’s immigration history and previous filings.

After a careful review, we recommended that his petitioner wife file a new I-130 petition while an appeal for the revoked I-130 was still pending.

This strategic decision would enable us to build a stronger case from the ground up.

With determination and a clear strategy in mind, we began assembling an extensive collection of documents and evidence to support the new I-130 petition.

We understood the importance of leaving no room for doubt in USCIS’s evaluation of our client’s case.

To that end, we gathered joint lease and utility bills, bank statements, insurance policies, and personal affidavits.

Most importantly, we challenged USCIS’s assertion of marriage fraud with compelling evidence demonstrating that his first marriage was genuine.

Our client underwent a polygraph examination, which yielded results consistent with the truthfulness of his statements regarding the first marriage.

We also obtained an affidavit from his ex-wife, refuting USCIS’s claims of marriage fraud and affirming the legitimacy of their marriage.

Our efforts definitely paid off!

The I-130 refiling presented a strong and compelling case, backed by documentation and carefully gathered evidence.

We filed the case in September 2022.

After overcoming USCIS’s concerns and allegations, the I-130 petition was approved in August 2023!

This approval is not just a victory for us but more for our client.

After ten long years, he can now proceed with his adjustment of status application.

If you or someone you know faces immigration challenges, remember that with the right strategy and legal representation, success is achievable even if the task seems daunting.

Click here to request a meeting with an attorney about a marriage case.

We are here to help individuals navigate the delicate path of U.S. immigration laws, just as we did for this Client.

P.S. Every case is different. Past successes do not guarantee similar future outcomes. Consult a licensed immigration lawyer to discuss your unique situation.

About the Author


McBean Law, PLLC is a New York, Westchester-based immigration law firm that represents clients in the United States and across the globe.

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