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Thread: Bilateral vs unilateral fraud

  1. #1
    Aguila:

    I posted an excerpt from BIA, which asserts that they recognize that there are two forms of Fraudulent marriage:
    (a) bilateral: both spouses marry solely to facilitate immigration (most common).
    (b) Unilateral: feelings deceive other spouse into marriage"

    Now we all know that the first type, bilateral, is quite easy to discern by USCIS...as the couples may indeed exchange money for the marriage, in which case there may be evidence of that moentary gain for the Green Card. If there is no exchange of money which is discernable, USCIS uses the requirement of the bona fides of marriage to see if the couple ever lived together or intended to make the union permanent. In these cases, the USCIS can see that bona fides of marriage are absent.

    In the case of a unilateral fraudulent marriage, howver, the reference to unilateral suggests that one party was not aware of apprised that the fraud was being committed. Usually, since the beneficiary of the Green Card is the alien, it would be deduced that the USC may not be aware that the alien's intent was not for marriage, per se, but for the Green Card. Now, there can be cases where the fraud may have been committed by the USC, and the alien was unaware, but it appears to me that there would be little advantage to a USC to do this.

    Since USCIS deems that the bilateral form of fraud is most common, this would lend to the theory that typical bona fides of marriage are necessary to prove that there is no fraud being committed.

    But since USCIS has already noted that there exists another form of fraud, - unilateral -in which one party may be deceived by the alien...then the typical evidence of marriage and cohabitation would indeed be present and available in most of these cases, but that deson'[t mean that the fraud did not exist.

    I believe that USCIS must have some sort of means by which they determine whether a marriage is bona fide outside of or in addition to the typical utility receipts, joint accounts and joint tax returns, otherwise the existence of this second type of fraud would never have come to the USCIS's attention in the first place.

  2. #2
    Swissnut--The "deceived" partner in what you're calling unilateral fraud might find out they've been deceived if, after getting a conditional green card (or even before) their partner starts doing things like cheating.

  3. #3
    Yes, Aliba< I am aware of that...but then the question still stands...does UCSIS recognize this and consider that this revelation may not occur until well into the conditional period?

    Pasha and others have suggested that an alien who is committing unilateral fraud would not leave before recieving the permanent green card, and therefore, it would appear not to be a case of unilateral fraud if the alien exited the marriage prior to receipt of the green card. I suggest that since USCIS requirements of certain evidence for bona fide marriage is well know, is it not entirely possible, that an alien who has committed unilateral fraud, would consider that once he has obtained such necessary evidence, he has what he needs and then is not willing to stay in the marriage throughout the lengthy delays in processing?

  4. #4
    Aliba:

    Sorry I re-read your post more carefully, and realized that you were referring to an alien who has married and feels defrauded by his or her USC spouse, as in the cheating. Is that correct?

  5. #5
    Swissnut:

    What would be the punishment where unilateral fraud from a USC can be proved? Where a USC has constantly threathen an alien an his family with jeopardizing his immigration status if an alien would not be under USC control, and where USC would in a way blackmailed alien causing him emotional distress?

    Because we know already that an alien would receive the termination of his status and would be removed from the US if unilateral fraud exists but what about a USC taking advantage of an alien?

  6. #6
    Aguila:

    I see that you are dtermining that such unilateral fraud exists...great, you got my point.

    To addres your question, I believe that there may be criminal consequences of anyone who committed fraud. If the USC is immune from immigration consequences, they certainly are not immune from the civil and criminal consequences. The point here is that IF an alien could prove a case of unilateral fraud, committed on the part of the USC against him, then perhaps alien would be given unconditinoal status anyway. USC may not have any immigration issues to lose, but Alien wins.

  7. #7
    Aguila:

    The case of unilateral fraud is nothing to do with Abuse, which is more the basis of your question....the unilateral fraud concerns "Unilateral: feelings deceive other spouse into marriage"

    Now if a USC spouse uses threats of actions contrary to permanent residence for the alien once in a marriage, and abuse of power and influence and such, those are not necessarily acts of deception to induce marriage.

  8. #8
    Hi Swiss

    Addressing the issue about the USC spouse on fraud intentions. On the contrary this happens alot from USC. You have not been looking at it as though USC has something to get out of
    it..... Its called EXPLOITION, and its a powerful aphrodisiac. . And on the contrary it happens a lot. It is mostly male USC and sometimes female USC. They marry female alien and make her "domestic slave" and keep her for un-natural ***.. all the time holding greencard over aliens's head. They threaten aliens family use any emotional means to keep alien in line for fear of not being safe status. Then they discard them by divorce and end up screwing them (no pun intended) out the the greencard. This type of USC never had any intention of real married life for the alien. And dont think for one minute that that USC could get american born woman to tolerate that. Forget about it

    Same is true for some female USC who likes power and control over men. American Male Mentality is take what they want and do as they please.. If she dont like it too bad.. theres the door. Now female USC has to gain advantage when she have male alien. she can keep him in control for at least 2 yrs, and if he doenst meet up with all that she wants she can dangle green card/deportation to keep him to do anyting she wants. He cannot so easily just walk out the door b/c there are consequences. They entice aliens into relationships and marriage with them b/c they are able to exercise control over them that they would never be able to over an american male. (Ag are u taking this down) In both of these situations many times the alien feels lost b/c they are in foreign country and do not know the laws and rights, making these incidnts and behaviour unreported to Immigrtion. Then when the time comes to document these past occurances it appears that it is to protect GC status, when in fact it is not. they just didnt know that they should have reported this behavior all along b/c they were sincere in trying to work things out. So USC often times have a lot to gain, its just not always tangible.

    Now USC also has lot of money to gain sometimes. You know that many countries will pay 10K, 20k and 30k to USC for GC opportunity b/c the alien family want them to live in comfortable life while getting card. This is business arrangement b/c they have to live together. theres *** and normal living. USC often gets greedy and wants more money b/c they getting used to lifestyle and know they can hold gc as control. So Usc not always innocent or not have something to gain from alien. Trust me USC like alien.. they gain power and control that they could never exercise over other usc. Check it ... USC will go again with another marriage and it will most likely be another alien. If USC has been the one stung, they will just be more careful the next time.

    ok whos running the next poll on this

  9. #9
    4now:

    I wasn't suggesting that this situation cannot occur. In fact I did suggest tht USC's does commit unilateral fraud, altho that is not the majority of fraud marriage acses viewed by USCIS, byu their own statement.

    What I was addressing was Aguila's question, which is what does the USC have to lose?
    Of course, I failed to suggest in my answer to Aguila, that aside from much if criminal or civil charges are brought about against the USC, that they lose their alien love-toy as well.

  10. #10
    4now:

    Nobody else has addressed this as well as you have done it, as I was reading your post I was feeling completely and 100% identified.

    Have you study psychology or you have deal with lots of this cases?

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