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Results 1 to 8 of 8

Thread: Is the I-751 process effective at detecting fraud?

  1. #1
    The Immigration Marriage Fraud Amendments of 1986 were designed to catch aliens that marry to fraudulently obtain immigration benefits. Has the 2-year conditional green card achieved what it set out to do? What is the breakdown, for example, of fraudulent marriages that are caught when the couple apply for the conditional green card vs the permanent green card? Are there a significant number of couples that are caught because of the conditional green card that would have been missed if a permanent green card was issued initially?

    Given the length of time it takes to get the conditional green card and permanent green card, is the intent of the 1986 IMFA really being upheld? For example, should the IMFA be amended so that permanent green cards can be applied for after 2 years of marriage (as opposed to 2 years of conditional status)? If the 2 years is some magical number then why not use the date of marriage as the starting point? Is there an inherent bias against couples that marry within the United States and have to go through the whole AOS, conditional green card wait over those that marry abroad and wait out their 2 years before entering the U.S. (i.e. avoiding the conditional green card)? It seems that the original intent of congress when implementing the 2-year conditional residency is being missed by the excessive USCIS delays (i.e. most couples have been married 3-4 years by the time the permanent card is issued). Comments

  2. #2
    The Immigration Marriage Fraud Amendments of 1986 were designed to catch aliens that marry to fraudulently obtain immigration benefits. Has the 2-year conditional green card achieved what it set out to do? What is the breakdown, for example, of fraudulent marriages that are caught when the couple apply for the conditional green card vs the permanent green card? Are there a significant number of couples that are caught because of the conditional green card that would have been missed if a permanent green card was issued initially?

    Given the length of time it takes to get the conditional green card and permanent green card, is the intent of the 1986 IMFA really being upheld? For example, should the IMFA be amended so that permanent green cards can be applied for after 2 years of marriage (as opposed to 2 years of conditional status)? If the 2 years is some magical number then why not use the date of marriage as the starting point? Is there an inherent bias against couples that marry within the United States and have to go through the whole AOS, conditional green card wait over those that marry abroad and wait out their 2 years before entering the U.S. (i.e. avoiding the conditional green card)? It seems that the original intent of congress when implementing the 2-year conditional residency is being missed by the excessive USCIS delays (i.e. most couples have been married 3-4 years by the time the permanent card is issued). Comments

  3. #3
    Say you file I-751 and it's ANOTHER two years before approval/interview. What happens if couple divorces or separates (legal or non)during this waiting period after I-751 filed?
    Sweet Madame Belu

  4. #4
    hi sphyrapicus...


    you can read this link and this is endless discussion....

    http://discuss.ilw.com/eve/forums?a=...1&m=4436042554

    i just dont understand one thing and never did in previous post...if alien is fraud as per ur post...why should he/she get divorce unless he/she gets his 10 yrs GC in hand....so its kind of confusing ....and dont really know how does BCIS work in this kind of cases....so sorry cant provide you exact info on it as its hard to predict for anybody....Have a nice day...Pasha

  5. #5
    Hi Pasha,

    Thanks for the link. I'm not sure whether I got to the pertinent information contained in that thread or not? I could only take so much of the mud-slinging before I gave up. (: The message I took away was that about 1/2 of all marriages fail and that statistically most marriages fail in the first 2-3 years. So, statistically, one would expect 1/2 of all USC-non-USC marriages to fail before a 10-yr green card has been obtained. This still doesn't really address the issue of fraud and the effectiveness of the conditional green card though. Or does it? My assumption is that lawmakers somehow feel that fraudulent marriages will not last 2 years? I have a little bit of trouble following this logic. However, in my opinion, the fraudulent marriage issue is completely separate from the statistical fact that 1/2 of the I-751 applicants will have their marriages fail.

    I guess I'm more interested in how effective the whole condiitional green card procedure is in detecting fraud as opposed to understanding how a divorce will affect I-751 procedure. You get my drift?

    I appreciate you taking the time to respond. Thanks for your thoughtfulness and time

  6. #6
    This statement:
    "(i.e. most couples have been married 3-4 years by the time the permanent card is issued)" is very much true.

    I got the 10 years green card back in november
    and our 4th anniversary was in the beginning of december.

    Just my 2 cents.

  7. #7
    hi sphyrapicus

    thanks for your nice words...I am sorry...I don't know answer to your exact question and criteria about finding fraud ...I also don't agree with that logic...may be somebody working for BCIS might answer to this question... may be they find out in interview through questions or evidences ...but don't know for sure....hopefully somebody might enlighten this topic here in more details...Have a good day...! Pasha

  8. #8
    Sphyrapicus:

    You wrote..."For example, should the IMFA be amended so that permanent green cards can be applied for after 2 years of marriage (as opposed to 2 years of conditional status)?" Well, in my opinion this sounds like a good idea.

    You also asked "Is there an inherent bias against couples that marry within the United States and have to go through the whole AOS, conditional green card wait over those that marry abroad and wait out their 2 years before entering the U.S.?" and my opinion is that USCIS considers that if a couple marry and are married for two years prior to emmigrating to the USA, chances are thet they intend to be in a marriage, as is evident that their union has endured a 24 month period already prior to setting foot on US soil.


    Similar distinctions can be seen in the speed with which USCIS issues visas for alien fiances of USCs as opposed to USC-alien couples who are already married and wish to be reunited. In the case of fiance visas, USCIS issues a visa rather quickly by comparison, as perhaps they understand that a fiance, who has not made a permanent commitment to marriage, may not be able or willing to wait an estensive period of time to reunite with their love, but an alien who has already made a commitment in marriage should. I believe USCIS adopts the maxim that if they are married, the wait to receive the visa may be inconevenient, but if that marriage is for bona fide reasons, they will wait it out.

    The fiance visa, for example, which is much easier to obtain, and quicker and entitles the beneficiary to come to the USA without an extensive waiting period and then adjust status after marriage does not necessarily demonstrate that the marriage is for marriage intent only, and may indeed be a marriage with the intent to live in the USA.

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