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  • #16
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by davdah:
    That may be part of the solution. If the visa expires in 6 months he won't automtically get a GC. </div></BLOCKQUOTE>

    Let me try to explain again. Visa is issued and valid for 6 months. Visa-holder should enter the USA (use visa) within that 6 months. The moment that person enters the USA, he/she gets a "status". That status may be "resident" - no time limit (most likely in this case); "conditional resident" - 2 years; visitor - 3-6 months; student - duration of study...

    Some tourist visas are valid for 10 years, it does not mean person can stay that long in the USA.


    • #17
      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">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.! </div></BLOCKQUOTE> Most likely, his status in USA is "permanent resident". That does not expire.
      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">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. </div></BLOCKQUOTE> 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.


      • #18
        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.


        • #19
          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.


          • #20
            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.


            • #21
              Again...a resident visa and he came with a green card packet.


              • #22
                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.


                • #23
                  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


                  • #24
                    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">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. </div></BLOCKQUOTE>
                    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.


                    • #25
                      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.


                      • #26
                        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.


                        • #27
                 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.


                          • #28
                            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.


                            • #29
                              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content"> In the end He was an opportunist and took advantage of her. </div></BLOCKQUOTE>

                              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.


                              • #30
                                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.


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