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  • Another Fraudulant I-751 gets by

    They found another loophole for all the I-751 fraudsters out there ! The epedemic continues !

    http://www.ilw.com/lawyers/immigdail...0315-Damon.pdf

  • #2
    They found another loophole for all the I-751 fraudsters out there ! The epedemic continues !

    http://www.ilw.com/lawyers/immigdail...0315-Damon.pdf

    Comment


    • #3
      Are you saying it was fraud just because she couldn't speak English? As my brother in law used to say "but they knew the international language". ( of love )

      Comment


      • #4
        what are you talking about? the appeal was granted and her residency permitted. 99% of marraige appeals are approved in court. Every lawyer knows that.

        -= nav =-

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        • #5
          That's what Michael was saying, he was saying it was fraud and she got her residency.

          Comment


          • #6
            OF COURSE IT WAS A FRAUD!!!
            But not in the eyes of the Immigration Laws.

            Just think about it:
            Not exactly a spring chicken female with two(!) kids visits her sis in the States (probably another fraud herself) and they derive a plan for her to move to the U.S.:
            Find some moron/loser to marry her. Well, they found one. He moved in to the downstairs bedroom after two(!) months of knowing her, drank, slapped her around, quit his job! Total loser. I wonder how much they paid him to do that. They "dated" a little with no language to communicate in, no common interests... etc. (wait, may be there were some but they just couldn't tell each other?) She got married to a guy she hardly new after only 6(!) days she returned to the U.S. another time.

            And voila!
            He got a chunk of loot and she got her greencard.

            The bummer was that it only lasted for two years and put up with that loser was just unbearable. (should've shopped around for a better one) The "couple" didn't have any real prove of common household, just some "letters" and "affidavits" that were written by her sis and brother-in-law.

            But wait. Here's the best part!

            Court's opinion says:
            " They courted several weeks *(!)* before marrying; they had a wedding ceremony; they shared finances and a joint bank account; *(ah-huh! that's where the money paid to him went!)* and they lived together, sharing a residence and experiences, for over a year. *(she couldn't take it anymore! and she knew EXACTLY what evidence she needed to establish a 'bona fide' marriage to get her off the immigration hook.)*

            We emphasize, however, that we do not look exclusively at these factors in determining the difficult question of intent. *(really?! you don't? from reading the rest of this opinion I got an impression that you did!)*

            There is no set formula to be applied in determining whether a marriage was entered into in good faith. *(what?! just entered not lasted?!)*

            'The concept of establishing a life as marital partners contains no federal dictate about the kind of life that the partners may choose to lead.' Bark, 511 F.2d at 1201. *(another interpertation of the law based on some bozo-expert's opinion)* "

            HOLY CRAP!!! This is the United States Court of Appeals for The Ninth Circuit's LEGAL OPINION!!!

            Just read it again:
            " They courted several weeks before marrying; they had a wedding ceremony; they shared finances and a joint bank account; and they lived together, sharing a residence and experiences, for over a year. We emphasize, however, that we do not look exclusively at these factors in determining the difficult question of intent. There is no set formula to be applied in determining whether a marriage was entered into in good faith. 'The concept of establishing a life as marital partners contains no federal dictate about the kind of life that the partners may choose to lead.' Bark, 511 F.2d at 1201. "

            Is this a perfect loop-hole in the immigration law or what?! You only have to prove that you ENTERED into your "marriage" in "good faith"?! What happens AFTER is unimportant?! And there's no "set formula" to determine if it was a fraud?! WOW!!!

            How about using your common sense to interpret the laws that make none. Previous IJ did.

            [This message was edited by sup on March 15, 2004 at 06:23 AM.]

            Comment


            • #7
              sup:

              The law clearly states that the alien must prove that he/she entered into the marriage in good faith...it is obvious that marriages don't work often times, specially in USA, so what would you suggest? Deport all aliens who were unsucessful to have a marriage last forever? What about all the things they left home to have a life in the US with their spouse?

              Comment


              • #8
                Pardon me Aguila, but do you seriously think that a marriage entered into after only a few weeks of courting and rushed into after only 6 days on the American soil between the two people that don't even speak the same language had a chance?!

                Com'n.

                Marriage is a very serious step in anybody's life. It changes your rights, obligations and responsibilities dramatically! I'd say it takes at least a year to get to know well enough your future life-long spouse (hopefully) to even consider a marriage. If the two people were truly dating they don't move in together after just two months of knowing each other!

                I don't have any problem with marriages that were a result of a true romantic relationship that later on don't work out. It happens. But the law is flawed allowing people like that chic to acquire permanent residence through a clearly fraudulent marriage.

                Comment


                • #9
                  Aguila, if you haven't read the case it's interesting...

                  Comment


                  • #10
                    Still Learning:

                    I read the case already, and I am now much more confident about my success on the I-751 I will be submitting shortly.

                    Comment


                    • #11
                      I have been waiting since 8-05-02 for a divorce.
                      My "wife" had me to get her green card under the worst circumstances. If anyone ever committed immoral and wrong, she did. Lesbian prostitutes, a child from an affair, to lock her chances down. I told BCIS, they called me
                      to get information, and had me sign petition withdrawl.
                      But, my wife's lawyer, and my wife, out-wheedled
                      them. She stalled on the divorce, for all this time. At the last hour, her lawyer went to the judge, and claimed I had with malice and contempt, attempted to interfere with her and her 'infant' chances at being citizens. That I had delayed the divorce.
                      The judge wrote a finding-
                      "...The court further finds that both parties
                      wanted to marry for love and affection and intended from the outset for the marriage to last; and that they lived together during the marriage...; and that there was never any discussion of violating immigration laws."
                      Pretty presumptious. So, BCIS now says my wife will be allowed into the system, if she can get a divorce by April 12, 04.
                      I see clearly now. I showed BCIS the wire transfer my wife did to decieve them. I showed them the lies and schemes she engaged in,
                      with e-mails and phone records.
                      They must feel helpless, with the appeals court
                      looming overhead.
                      My wife's lawyer asked the judge to throw me in jail for being full of malice and contempt.
                      The judge is considering that, right now.
                      I will know in two weeks. She has already shown
                      her affiliations, so I can only imagine.
                      'Sup' is very perceptive, as is Mr. M.
                      You all are. My wife was very prejudiced, and said things that sent a chill up my spine.
                      I never, never heard talk like that.
                      SHE DOES NOT BELONG IN AMERICA! If for that reason alone. She comes from a culture where they mix catholicism with voodoo. Her family engages in that. If the judge wants that,
                      then that is in her community's future.
                      So- paint the citizen in a bad light, and the world is yours on a string!

                      Comment


                      • #12
                        [QUOTE]Originally posted by sup:
                        OF COURSE IT WAS A FRAUD!!!
                        Is this a perfect loop-hole in the immigration law or what?! You only have to prove that you ENTERED into your "marriage" in "good faith"?! What happens AFTER is unimportant?! And there's no "set formula" to determine if it was a fraud?! WOW!!!

                        How about using your common sense to interpret the laws that make none. Previous IJ did. QUOTE

                        Unfortunately, it is impossible to guess or interpret the state of mind or the emotional state of two people that got married, nor their marital intentions. If that was possible (to read minds in other words), nobody would ever get a GC based on marriage ever again! (and wouldn't Acelaw, Michael and the like love it!)..since that is not possible, and since people fall in and out of love all the time (whether illegal or not), the law can only determine if the couple had real intentions (even if short-lived) to build a life together and stay together. That can be done (apart from one's testimony, which cannot be self-proved) only from documentation to support such testimony. (i.e, bank accounts, life/health insurance, bills, pictures, etc)...USCIS probably knows that many marriages are fake, but they have to rely on the law (which is supposed to be based on reasonable determinations) to decide if marriages are bona-fide ...
                        what you say should happen, is like deciding that a person on trial is guilty simply because of precedent or because he looks guilty..

                        maybe what should happen is to create a law that says you can get a green card based on marriage, only if you remain married..after all, the reason you receive a green card, should still be there until you actually receive it...the problem you will have with that is that you cannot tell people to stay married, or how long that should be for..hence, proving that marriage was entered in good faith is the only way to go so far..

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