https://www.courtlistener.com/opinion/806375/amer-adi-v-united-states/ Amer Adi v. United States, 11-3251 (6th Cir. 2012) Court of Appeals for the Sixth Circuit
Filed: August 10th, 2012
Precedential Status: Non-Precedential
Citations: None known
Docket Number: 11-3251
BACKGROUND
The first spouse to file an I-130 petition on Mr. Adi’s behalf was Ms. Woods Adi, whom he
married on May 14, 1980. Mr. Adi and Ms. Woods Adi separated on August 11, 1981, only six
months after the visa petition had been granted and he became a lawful permanent resident (“LPRâ€).
Mr. Adi subsequently abandoned his LPR status by moving to Brazil with his current wife Ms.
Musleh in 1988 and remaining outside the United States until they returned in 1992. Two years after
their return, Ms. Musleh filed the first of three unsuccessful I-130 petitions on Mr. Adi’s behalf.
This appeal arises from the denial of the third I-130 petition. The problem Mr. Adi
encountered in the protracted effort to regain his LPR status was an affidavit executed by Ms. Woods
Adi in 1990 (“1990 Affidavitâ€), which stated that their marriage was a sham, entered into for the
purpose of obtaining lawful permanent residence status for Mr. Adi. In denying the third I-130
petition, the district director of the Citizenship and Immigration Services (“CISâ€) found that this
affidavit was “strongly support[ed]†by the timeline of Mr. Adi’s marriage to Ms. Woods Adi and
their subsequent separation and divorce. The district director summarized the timeline, as follows:
The record indicates that [Mr. Adi] and [Ms. Woods] Adi were married on May 14,
1980. [Mr. Adi] had his medical examination completed on August 11, 1980. The
form I-130 and form I-485 were filed on December 12, 1980. [Mr. Adi]’s
applications were approved on March 3, 1981. According to their divorce decree,
filed November 10, 1981, the couple had been separated since August 11, 1981.
The district director also determined that the timeline conflicted with a second affidavit Ms.
Woods Adi signed in 2007 (“2007 Affidavitâ€) recanting her statements in the 1990 Affidavit. The
district director explained that the 2007 Affidavit “states that they had been married a little over a
2
year before any immigration paperwork was filed . . . . [and] that [Ms. Woods Adi] lived with [Mr.
Adi] until April 1982, but again the record proves otherwise.†Specifically, the record establishes
that the two had been married only seven months before Ms. Woods Adi filed the immigration
paperwork and that the two separated on August 11, 1981.
The BIA affirmed the decision of the district director after finding that “the record contains
substantial and probative evidence that [Mr. Adi]’s marriage to Linda Woods Adi was fraudulent.â€
In this appeal, appellants claim that (1) the 2007 Affidavit was sufficient to overcome Ms. Woods
Adi’s 1990 Affidavit, and (2) before making such a determination, the district director should have
conducted an in-person interview of Ms. Woods Adi in adjudicating Ms. Musleh’s I-130 petition.