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How does one prove marriage fraud, ater the fact?

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  • How does one prove marriage fraud, ater the fact?

    OK: Let me ask this one again.

    If after a couple has been married for two years, and are awaiting final adjudication of jointly filed I-751, and spouse learns that alien married in the first place because he needed visa/GC, how is this considered by BCIS?


    Any input, anyone?

  • #2
    OK: Let me ask this one again.

    If after a couple has been married for two years, and are awaiting final adjudication of jointly filed I-751, and spouse learns that alien married in the first place because he needed visa/GC, how is this considered by BCIS?


    Any input, anyone?

    Comment


    • #3
      Hello Swissnut
      Been following your recent posts and i feel very bad for you. I know its hard for you need to accept, but he is not coming back unless he has to (to obtain gc) and surely you deserve better than this. Be strong and divorce him and move on. If you can file the divorce for adultery. You have proof with the luggage tags and can probably get a confession out of her. This would be very damaging for him as to why the marraiage ended. It will be difficult for you to prove marriage fraud in your case. He was very smart. Did he ever tell you that he only married you for the papers? Did he leave you after filing for the temp GC? You dont have a lot to offer BCIS to prove fraud. File for a no fault divorce to get it started and amend it to adultery later if you need to. But just do it to ensure that the divorce is final before I751 is adjudicated. This way he will have to file a waiver. If He is smart , he will probably marry the girlfriend. Will it look suspicious to INS? yes it will look that way, but in the end he will probably get his papers.. So try to forgive yourself and let go so that you can move forward.

      Comment


      • #4
        4now:

        First I live in a no fault divorce state, so there can be no grounds for divorce. I am surprised that you didn't suggest annulment...in my eyes, whether diificult to prove to BCIS, any husband who is willing to take cournseling with his Mistress, but is resolute about the fact that there will be no counseling in his marriage, suggests to me that he did not want the marriage, just the benefits of it. Why then would you not suggest to ANNUL this marriage?

        He didn't tell me, but there are two people that he did tell something like that. His exact words to one guests at our wedding was " I have to marry, my visa is running out".

        Then there is a letter, which the Mistress wrote, at the time I had accused my husband of adultery, wherein she attempts to deny that he commited adultery. In her infinite wisdom to try to mitigate any depletion of assets that his adultery may have in a divorce hearing later(she'sin her eyes, adultery was not commited, and had justified that to her family, by saying that my husband had told her that he had married me as a "business arrangement".

        To ensure that the divorce or annument would be final before adjudication may be difficult, as he also defrauded me out of our assets, and I would expect that the divorce will be long and drawn out.

        If he does file a waiver, would he not have to comply with one of the waiver grounds? And I quetion which one he could fall under, as there was no abuse, he would suffer no hardship going to Europe and I think he'd have a hard time proving BONA FIDE marriage. Then if he does not qualify, doesn't that mean his visa is no longer vaild and he would have to go back?

        Comment


        • #5
          Just for some information Annulment does not apply to everyone. An annulment is usually used when one of the parties to the marriage had no legal right to marry (as in the are currently married), also, sometimes if the marriage has not been consumated (slept together) the marriage may be annuled. You say you have no assets due to your husband and, if that's true, usually it's fairly easy to get a divorce and quick as well, in fact it's not uncommon for the petitioner to files the papers themselves. I have filed my own annulment and have filed divorce papers for several of my friends. They only catch would be if the two of you had children together. I don't know what state you're in, however, many attorneys offer a free consultation initially. You might want to check out your options soon. Good luck

          Comment


          • #6
            Swissnut,
            I would consult with a lawyer and would not give up until this person gets what he deserves.It is a disgrace what he did to you.Because of these people(who marry just for the green card)the laws are getting tighter,stricter,hurting those who are in bona fide marriages w/USC.
            Don't give up!!!!! until that B**** learns his lesson!!

            Comment


            • #7
              Swissnut, I was not aware of the evidence that you had supporting marriage fraud. As long as this is good enough evidence to convince a court to grant an annulment. then go for it! You should then copy BCIS with a copy of the pending annulment action. (They wont take any action of course until the outcome) But this should indeed trigger an interview for the 751 application. And you can always just request an interview from the local office that you filed by writing a letter.. asking to withdrawl the 751 because you have information now that shows you were tricked into signing it. Again, dont look for instant results from BCIS, the processing of 751 will still go thru normal time channels and when the time comes up they will contact you for the interview. One more thing. if you file for annulment and your husband comes back to sleep with you or even stays overnite for any reason.. this is reason for him to have you abandon the petition for annulment. so be smart and careful

              Comment


              • #8
                Billiedance:

                To clarify something I wrote....
                My lack of represenatin at this time is because I am not liquid - I do not have liquid assets or funds at this time, due to my husband leaving me short of cash to pay our outstanding debts and obligations.

                I do have assets, in fact, that is why in a divorce action I would fight to protect them (house, business etc). But there is a difference between having assets, which would need to be liquidated in order to have available cash for representation Do you undertsand?

                Comment


                • #9
                  4now:
                  My concern is very definitely with regard to an interview. If you look at my FIRST post on this board, it was asking IF IT WAS AT ALL POSSIBLE to request a SECOND interview prior to the removal of conditions----BECAUSE I wanted BCIS to HAVE TO see us both at the interview to determine IF my husband SHOULD be granted a GC, with all that has been discovered since we jointly fie dthe I751.

                  The only problem is that we were asked to send our I751 to Nebraska, and our local office is Detroit. Now from what I have been reading, Nebraska WILL NOT ask for a second interview, due to the distance...and we would only be asked to have a second INTERVIEW IF OUR APPLCATION had been sent to the local office in Detroit.

                  Comment


                  • #10
                    Swiss, im not familiar with Nebraska office.. is this the equivalent to Vermont Service Center. which is the processing unit of many of the local offices on the east coast? if so. then Detroit is probably the local office where you had your first interivew for the conditional green card. is this true? If this is the case.. then you need to take your case to the Detroit office and request a interview from the originating office. they will request the file from the Nebraska service center. R u available for a interview at the Detroit office or have u moved.

                    Comment


                    • #11
                      Yes, that is correct. Nebraska is the Service Center, Detroit is the local office. We had our interview on the I130 in Detroit, and no we have not moved. Which is why I am tending to think that since BCIS asked us to submit to Nebraska, that they indeed do not think there will be need for a second interview.

                      Ok, now as to you sugestion that I take the file to Detroit. What indeed do you mean by "taking the file". I have only a copy of the I751, our file I understand would be in Nebraska. Or were you suggeting that I simply write to Detroit and ask for a second interview?

                      If so, should I disclose the reawson in my letter? Or what are you recommending?

                      Comment


                      • #12
                        Swiss ok . i believe this is just standard procedure to have I-751 submitted to the SErvice Center and not the local office. The service center is the one who decides who they will pull for an interview unless the local office requests the file to come back to them so they can request an interview.

                        Now each local office has a criminal investigations unit. Now first.. you have to decide if you are going thru with this. you cant be "wishy washy" They are very busy and have no time for nonsense. Have copies of all of your factual proof for marriage fraud. didnt u say somewhere that u had filed for divorce before and he came back to convince u to stay and thats how he got the 751 signed? if so put that in there. take the letter asking to withdraw the 751 for reasons of trickery. Request interview in the letter. Ask the local office in the letter to copy Nebraska Service Center to make sure these documents get into the file.

                        i hope the first document to dissole the marriage was not an annulment action.. because if it was , you could have difficulty going for annulment again........ read the rules of annulment for marriage fraud.

                        Comment


                        • #13
                          Don't know if this makes a difference or not, I believe it should...but my husband filed for divorce the first time...and I answered with annulment, but he then aked to withdraw the divorce petition some three months later in order to come back and get what he wanted. All during that time, even though there was adultery I was unaware of the underlying intent.

                          Alos where are the rules pertaining to annulment and marriage fraud?

                          Comment


                          • #14
                            Yes of course I understand the difference between "assets" and "liquid assets". Do you live in a community property state? Did you acquire your "assets" during the course of your marriage? Did you purchase the assets with inherited money? There are many questions you need to have answered which involves legal representation, however, the longer you remain married to this man to more "rights" to your assets he will gain. As your assets grow so does his "share".

                            Comment


                            • #15
                              Billiedance:

                              Those are very natural questions..and I appreciate your recommendations, but as you wrote:
                              "Yes of course I understand the difference between "assets" and "liquid assets". Do you live in a community property state? Did you acquire your "assets" during the course of your marriage? Did you purchase the assets with inherited money? There are many questions you need to have answered which involves legal representation, however, the longer you remain married to this man to more "rights" to your assets he will gain. As your assets grow so does his "share"."

                              We live in an equitable distribution state and a No Fault divorce state.
                              The assets I am referring to are indeed mainly acquired either by a greater contribution on my part or they were separate at the time of marriage. BUT here is the problem, when my husband returned for what he considered a marriage reconciliation and withdrew his petition for divorce, he cited to me that the main reason he had stepped out of our marriage was bcz he did not feel like an equal partner in our marriage and that he felt I was not fair with the assets we had. The house was purchased prior to our marriage, with a large downpayment by me. The mortgage had been paid principally with my salary. The autos were owned (1) outright by me, (2) one was a wedding present to us both, but the title was in my name as my sister had gifted it to me as a family member to get around us having to pay sales tax on the "gift" so the title wsa in my maiden name. One business a DBA registered in my name, but my husband and I had a separate Agreement stating his 50% ownerhsip of it. I had been the only one who had placed any operating cash in it however. The stock in my other business was in my name only and had been a "gift" to me.

                              The problem is this...in order to make our marriage reconciliation work, at my husband's request he asked that I provide him with some liquidity from ur savings accounts and also write up Agreements stating that he owned 50% of everything. He asked for 50% of our savings, 50% of a tax refund we received - which I turned over to him promptly. He asked for 50% of the equity in our home when we refinanced - which he got, leaving me to pay a very high mortgage payment for which he has no obligation.

                              He has already received 50% of our liquid assets and has taken the wedding auto, sold it and kept the proceeds himself, and he has not contributed one penny to our household maintenance. My salary for the past year being used to cover all of our expenses, he has not turned over any of his earnings.

                              He said this financail equality would be necessary for him to feel financailly secure and give our marriage a second chance. I now know otherwise, but it is those Agreements which I would have to fight in a divorce. He stands to gain 50% of the remaining property and assets, by way of false pretense, which ordinarily in our state, with a marriage of such short term, he would not be entitled to at the dissolution of our marriage.

                              Comment

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