EB-3 Sustained — Health Insurance (2023): the AAO found the Director improperly invoked the

Decision Summary

The appeal was sustained because the AAO found the Director improperly invoked the marriage-fraud bar. The AAO concluded that the record did not support the finding that the Beneficiary's prior marriage was 'more than probably' fraudulent, noting the couple provided credible explanations for testimonial inconsistencies and that there was uncontroverted evidence of a bona fide pre-marital relationship.

Criteria Discussed

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