mormon and she unfortunately fell in love with and married the wrong guy she married a guy who the record makes pretty clear was that toothpaste two timing philanderer who probably just wanted to add her one more woman on his string of conquests an insult to injury then the government put her on the spot because they were investigating her husband for a criminal matter and they hoped that if they put her in a tight situation they'd be able to get her to reviewing the facts was found by the immigration judge my understanding of the novo review was that means that the factual matters all of the record will be reviewed fresh and new the government also makes considerable that testimony must be accepted as true in the absence of any adverse credibility finding and that implicitly credibility observations do not constitute a credibility problem she filled up the government forms reasons apparently relate to the fact that where she was employed there was a great deal of rumormongering going around she also i think got some point in the relationship it's pretty clear had her own intimations about his but all the testimony has to be taken as true regrettably our immigration judge elected not to take into consideration all of that testimony which must mean that it's true and the evidence was filled with we also have the testimony of her teacher and counselor within the church who expressed her concern that mr kohl guy was spending so much time with mr mckinney that they were afraid this might actually be taking her away from the church that to me is not evidence of a fraudulent marriage we have written testimony and statements by her friends and roommates about the amount of time she was spending with me on their dating their courtship relationship the fact that he would about his infidelity her primary focus was to somehow make that marriage work and this is what she candidly testified told her best friend this is math evidence of somebody who was in a project marriage i think if you wanted to sum this case as recently as possible we've got a classic frankie and johnny story he was a man and he done her wrong and he done  her but that does not mean that she should be punished for his wrongdoing or motivation when she married him as example demonstrated in the testimony before the court in this case is that she married him out of love and even when she felt the marriage might be going bad she wanted to do whatever she could to preserve it is obviously part of your position that it was entirely appropriate for your course to offer  question also which i think it was within limits but i think that the answer is simply that he was not a member of the faith in the factory and other members of her church did testify that it is certainly preferable under the church of latter day saints to have that marriage done within the church and they certainly want the spouses of their church members to become members of the church it's pretty clear he wasn't about to do that so the option that they had was to marry outside of the  church i didn't personally discuss this with her i think she probably would have preferred that he you know sort of come into the fold but for whatever reason she had gone in love with this guy and was going to marry him and make like with him  into this relationship for the purpose of each getting something out of it they were lovers before they went through the marriage ceremony and it appears what it's worth the only thing they did that is beyond question or is not questionable is they went through a marriage ceremony they probably lived on and off together for a very that's w record up the river and i need to use that expression and say why i find you incredible but she certainly didn't give her a clean bill of health and we have in addition to well what i'm going to say i that she and her husband's credibility were questionable we have this is a case of you've got to throw out all agencies investigating something that overlap you've got an admission by supporting cast but you've got it certainly not saying she's credible are i mean how what what is the benchmark we should look to because if she loved him at the beginning what you say and then they got married and she really wanted to be married but then she figure we think the wedding ceremony with private part so if we look at the time of the wedding as what was the intent at that time there are some indications that there was a bonafide a relationship of some high it's not it's not the thank you your honor with respect to the issue of the maintaining separate residences the record also reflects that her own issues testified that he and his wife because of conditions with regard to their respective places  her own bishop and his wife lived separately for a time and that was also on this very same are now the judge's speculation that he could have been living big she could have been living with him up in pearl city in your pearl harbor where you work because it doesn't take long to get back and forth from downtown honolulu judge clifton who's lived in honolulu for a number of years can confirm the fact that to travel that stretch the highways in  honolulu during the early morning or afternoon rush hour is certainly going to take you at least an hour and that's if you're driving in your own car and not going by bus as she said she would have to do with her i think we have to take a look at the conditions under which those statements were taken hers in particular the symptoms she was displaying at the time or the classic symptoms of shock when i tried to elucidate from mr lay sack some information as one hundred ten pounds i mean she was clearly intimidated by him and he's a very intimidating man i know him personally he's an intimidating man she was under the understanding that if she didn't sign and prove the statement that he wrote she wasn't leaving conduct of the parties before and after to ascertain what their intent was at the time they got married was very clear and counsel for the government as the even acknowledged that they were lovers for quite some time before they decided to get married and the testimony of their witnesses even concerning you know what happened after they got married and i think the most telling is that of more that even when she realized this guy was a two