“The agencies’ conclusions are rationally connected to Smith’s continued, close relationship with her ex-husband despite their divorce in 2001, and her provision of false and misleading statements to immigration officials,” Judge Brennan stated.
Mexican Nationals Widow Petition : Background and Timeline
Smith and Rico were married from 1973 to 2001 in Mexico and have a son together. They divorced shortly before attempting to enter the U.S. in 2002, presenting themselves as a married couple at Hartsfield-Jackson International Airport in Atlanta. Immigration authorities denied their admission but allowed them to withdraw their application.
Two years later, they applied for nonimmigrant visas at the U.S. consulate in Mexico, again representing themselves as a married couple. They secured visas and traveled to the U.S., where they married U.S. citizens who filed spousal visa petitions on their behalf. Smith married a U.S. citizen in December 2012, and her husband filed an I-130 petition to classify her as an immediate relative. After her husband’s death in February 2014, Smith’s petition converted to an I-360 petition for widows of U.S. citizens.
Continued Relationship and USCIS Decision
USCIS found evidence of Smith’s continued relationship with Rico, including their joint residence in Milwaukee. During a 2015 interview, Smith denied traveling with Rico post-divorce, contradicting records of their 2002 travel. USCIS issued a notice of intent to deny Smith’s widow petition, citing her ongoing relationship with Rico and false statements.
