oops, my bad. In any event the visa has to have some kind of expiration on it and it is tied to the wife. If its not tied to the wife then the fraud allegation will actually be easier. It will be patently obvious he's pulling a scam coming in some other way. Either way the wife needs to take action now. Clocks ticking. Just remember, he spent your childrens savings on some russian tramp!

quote:

Originally posted by davdah:
In any event the visa has to have some kind of expiration on it and it is tied to the wife.!

Most likely, his status in USA is "permanent resident". That does not expire.

quote:

Originally posted by davdah:If its not tied to the wife then the fraud allegation will actually be easier. It will be patently obvious he's pulling a scam coming in some other way.

Why? If he was able to get a vistor visa (regular way) (unlikely), he can come and stay wherever he wishes.
It would actualy be very good if the visa he entered on is not tied to the wife. Afidavit of support wouldn't come into effect.
However, since he was deported and had to go through the waiver process, I bet he used IR-1 visa.

Tree8675309 - would this be helpful? It is about a border procedure

Inspecting new Immigrants:

"You must verify eligibility for the visa classification indicated on the visa page. There are occasional misclassifications by the adjudicator or consular officer processing the visa. If you are unsure of requirements for the classification, refer to sections 101(a)(27), 201, or 203 of the INA for definitions and requirements.Department of State regulations at 22 CFR 42.73 detail procedures followed by consular officers issuing immigrant visas. Normally,you will need to insure that either a qualifying relationship or offer of employment continue to exist."

Admission procedures:

"Once you have determined that an immigrant is admissible, complete the following actions (either on primary or secondary, depending on local operating procedures):
....
- Prepare a Form I-89 with only the signature and fingerprint blocks completed (Insure proper photos are attached. Attach the I-89 to the visa package for shipment to the Immigration Card Facility (ICF) in accordance with the instructions in the M-226 manual, ..."

So, his papers for permanent residency card may be on the way to Immigration Card Facility.

What I meant is that if he is married why would he use a visitor visa when any normal married person would use the ir-1. The ir-1 does require the I-864. If it was something else then they would have used the I-134. There is still some attachement to the wifes mother since she signed it. I would think this early on the whole thing could be un-done if she acts now. Being he pulled a scam he may of done something different. Hopfully leaving himself open to discovery and being bounced out. All she can do is try. I think for starters see if they can verify that the visa he came in on is actually the one her mom helped with. The go from there.

I don't think they ever told us what type of visa he actually came in on. At this point we are speculating based on imperfect assumptions.

Something else I noticed after re-reading some of the posts. One of the so called informants is either an illegal or harboring one. Don't assume they are really on your side. There is something to be said for providing dis-information. I would call USCIS and send them to their front door. Even though these people are not sticking it to you they may be doing someone else. Birds of a feather flock together. They need shot down.

ok...I found out he is here on a resident visa....I will try to get as much info as possible. She is contacting a lawyer and has taken you suggestion about contacting Immigration and possibly Miami.

I would also like you to know that we were not the only ones scammed. Meaning...she had both a Senator and a Congressmen working hard to have him return so quickly. Really it is a miricle that he was approved to return as soon as he was. It was because of pleas from friends and family. Letters we all wrote telling of the great man he was. At the time of course it was heart felt and absolutly true. I find it hard to believe that he had the intelligence to plan this from the beginning. However, this may be the new wave of immigration scam. A more calculated and patient way of getting what they want. Scary.

Again...a resident visa and he came with a green card packet.

Ask your friend if she filed a I-601 with the letters of recommendation, etc. Aneri is right, he would have had to get the waiver (601) approved prior to his getting his new visa (as the wife as his sponser).
She needs to contact immigration and withdraw her sponsership, this is the only way the waiver got approved in the first place.

I think it was the wifes mother who did a lot of the sponsorship. Anyone and everyone should withdraw. Your probably right about them becoming more sofisticated in their practices. There are all kinds of scams coming out of the east bloc countries. Thats a whole different discussion but for now it looks as though this one is coming apart for them.
Hooray, one for the good guys.

Regarding the withdrawl of sponsership. My friend did contact the attorny that worked so hard to bring him back. That attorny said that there was nothing she and her mother could do about the sponsership. I am not sure if it was a conflict of interest and he was unable or unwilling to give them any useful information or if he is in fact right. In any event...she is contacting immigration today. I will keep you posted

quote:

Originally posted by Tree8675309:
That attorny said that there was nothing she and her mother could do about the sponsership. I am not sure if it was a conflict of interest and he was unable or unwilling to give them any useful information or if he is in fact right.

Sponsorship can't be withdrawn after the visa is issued and used. It continues even if the beneficiary becomes illegal, in a case of divorce etc.

He is a Legal Permanent Resident.

Unless she can PROVE Marriage Fraud, which after 10 years is unlkely to say the least, there is nothing she can do about his status.

She needs a Divorce Lawyer, not an Immigration Lawyer.

There is nothing she can do about the Sponsorshp, on the hook but the chances are good that she and her mother will not be impacted.

agreed...she is contacting a divorce lawyer today..still cant give up on an immigration lawyer though...We are also contacting ICE today. She is worried because, as her husband, he has her SS# as well as the SS#s of all the children and the mother. She feels she doesnt know who this man is anymore and is confused and fearful that he may use these numbers. She fears the "girlfriend" will pose as her and steal her identity.

http://www.lifelock.com/ might be worthwhile re SSN etc security issues.

What do you expect ICE or an Immigration Lawyer to do?

What she needs is a Divorce Lawyer, nothing on this thread suggests that there is an Immigration issue.

I would think that since he entered because of a spousal relationship and misled and abandoned that relationship...that it would be fraud on his behalf...I mean there has to be a loophole or something that protects the rights of Citizens that have been duped like this. Lets get one thing straight....I do beleive that the marraige was a real marraige. I think that the last year of that marraige was a fraud on his behalf. He had found someone else and as far as he was concerned the marraige was over. He however continued to defraud my friend and her KIDS out of money. As well as take advantage of her mothers sponsership when he in fact had NO INTENTION of continuing that relationship. How is that right...obviously MORALLY it is not. I only am interested in what ICE or an Immigration attorny may know regarding this. If you are neither...then perhaps you should not advise with such confidence. Look....I am upset and dont want to ruffle any feathers....I find it hard to believe that this is the only case like this and there should be laws put in place to protect people that have been used. The problem is not with him finding another women...the problem is with him using his wife and her family to still come back leaving them broke and without anything. And starting a new life of his own with out any debt. She borrowed so much from family on his behalf. There was money given for the children and everything went to him. She gave up 3 years of her life for him. HE IS Not EVEN AN AMERICAN. And you are telling me that you don't think that federally there is anything that can be done??Or should be done?? There is no question that the marraige was entered into with love on her behalf...i feel he entered it as a marraige of convience...just because he developed feelings for her and her children which made it easier for him to stay in the marraige should not be mistaken as not being a fraudulent marraige. In the end He was an opportunist and took advantage of her.

quote:

In the end He was an opportunist and took advantage of her.

That could be said of a lot of marriages.

But back to basics, duping one's spouse is not a criminal offence, if it was the jails would be full a hundred times over.

And she willingly handed the money over by the sound of it.

She is wasting her money with the Immigration Lawyer, hopefully the Lawyer will point that out rather than milk it.

And wasting her time with ICE, I am sure they receive many calls from disappointed spouses.

Hope things are getting a little better for them. I saw that he knows her's along with the childrens social security numbers. If he is a real idiot he'll try to use those. But there is no accounting for stupidity. It may actually be helpful if he does. If he commits a crime he can get the boot.

Theone is right. Immoral acts against ones spouse is not a criminal offense. There is probably something he is guilty of. How about taxes. Has he filed his returns for the last year he was there? If he didn't or if it is known he is a tax cheat you can get him that way. Look at fed and state. ANyhting else you can think of along those lines may help. There is a long list of crimes that will make people inadmisable.

The debts his wife incurred are probably his as well since one spouses debts are usually shared between both. You can at least sue for the money borrowed from other people. Any judge will throw the book at him when it is learned he stole the savings of children. You can probably get a fat judgement against him not just for the amount he took but you may also seek punative damages as well. That can be huge. If he defaults on the debt that may help in building a case against him for deportation. The more times you can get him in the court room the better.

She told me last night that she has kept copies of every Western Union and every paper filed on his behalf. She also has records of every trip made to Romania plane ticket stubs or whatever. She said she practically saved everything because she wanted to know, in the end, how much this nightmare cost her. The nightmare being his deportation. The plane ticket that was bought for him the first time, was purchased by her employer, out of the goodness of her heart. It was over $1000. She also told me that for the past year she had noticed a change in him. He was distant and not calling or talking on the computor as often as he had. She had asked for a divorce about 3 months ago and he refused telling her he was just depressed and working alot. He said "we are NOT getting a divorce". Im sure if there was a cartoon bubble over his head it would have read "It would ruin everything". So frustating and sad. Needless to say, I know on an earlier post someone made the comment about hoping she kept good record of all the moneies sent to him. She did and is trying to work up enough nerve to contact all family members that have sent money to check their records. She hasnt gone to church since the first time he didnt come home. She said she cant face all those people that gave money for him. Even though she did nothing wrong, she is the one stuck with the humiliation of what he has done to not only her but many generous people.

quote:

Originally posted by Theone:
He is a Legal Permanent Resident.

Unless she can PROVE Marriage Fraud, which after 10 years is unlkely to say the least, there is nothing she can do about his status.

She needs a Divorce Lawyer, not an Immigration Lawyer.

There is nothing she can do about the Sponsorshp, on the hook but the chances are good that she and her mother will not be impacted.

Hold on a second. He was banned from returning for 10 years right?? But he is back after 2 or 3? This shows that a waiver was approved at an AMERICAN Embassy in his country that granted reentry, pardoning the 10 year bar. Contact the Embassy who approved the waiver, let them know that the reasons of hardship on the uSC were false, and ask them to revoke the waiver here.

quote:

Originally posted by NeedHelpFast:

quote:

Originally posted by Theone:
He is a Legal Permanent Resident.

Unless she can PROVE Marriage Fraud, which after 10 years is unlkely to say the least, there is nothing she can do about his status.

She needs a Divorce Lawyer, not an Immigration Lawyer.

There is nothing she can do about the Sponsorshp, on the hook but the chances are good that she and her mother will not be impacted.

Hold on a second. He was banned from returning for 10 years right?? But he is back after 2 or 3? This shows that a waiver was approved at an AMERICAN Embassy in his country that granted reentry, pardoning the 10 year bar. Contact the Embassy who approved the waiver, let them know that the reasons of hardship on the uSC were false, and ask them to revoke the waiver here.

Most likely a Consulate, not an Embassy.

Nothing to suggest that she lied about her hardships, if anything she had a few she did not know about.

And suggesting she admits to perjury, which she did not do, probably will not help.

Anyway sounds like he got his visa and is now in the US so irrelevant.