I-130 and I-485 approval for the second husband of a green card holder, who obtained her own green card through marriage

In this case, the petitioning green card holder filed forms I-130 and I-485 for her second husband, whom she had been married to for less than five years since obtaining her lawful permanent resident status based on her first marriage, which was to a U.S. citizen. That marriage ended in a divorce. In such instances there is a rebuttable presumption that the prior marriage was fraudulent.  There is an exception if five years have passed from the petitioner's adjustment or if the petitioner can prove by clear and convincing evidence that the first marriage was entered into as a bona fide marriage. A notice of intent to deny (NOID) was issued following the couple’s interview with a Service Officer.  Since five years had not passed, we assisted Petitioner in responding to the NOID and proving by clear and convincing evidence that her prior marriage was not fraudulent. The detailed response included many documents regarding the bona fide nature of the first marriage, such as photographs, extensive wedding and pre and post wedding details along with many affidavits. We requested USCIS to withdraw its intention to deny and resume processing. Shortly after filing the NOID response, Beneficiary received his green card.

Status: We requested USCIS to withdraw its intention to deny and resume processing. Shortly after filing the NOID response, Beneficiary received his green card.