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VisaJourney.com > General Family Based Immigration Topics > Effects of Major Family Changes on Immigration Benefits

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maiflower
I was here a few weeks back about an abusive husband had just received his 2 yr greencard from me and completely changed over night and told me he had married me for the GC and left me and my 2 month old daughter. well well well i went to ins in nyc, and at first i told the lady that my husband left me once he got his GC and she said sorry there is nothing we can do once het gets his ten year. i told her no, it was only the 2 yr. she told me to write down why i want to withdraw and i had allready brought my letter. she made a copy, wrote in big rd letters WITHDRAW and sent it to the dept that handles this. She then gave me a copy to immediately send to the Vermont Center. she then said how this happens everyday here. she said he would not be getting his greencard and would be deported. i was relieved. i am miserable that my marriage was based on fraud. my citizenship was both a blessing and curse. i am depressed like you cant possiblt believe but atleast this jerk will be paying for it. Anyone else has similiar story? even if he nows files for a divorce and this is in his files, right INS can't grant him his 10 yr? if there any possibility this monster can still get his 10 yr?
michael s
i am so sorry for what u had to go through but like u said he will get what he deserves
maiflower
where is this moved to?
God's*GiRL
QUOTE(maiflower @ Apr 3 2008, 01:32 AM) *
where is this moved to?



YOu have made the right move.I hope you will be okay soon.
I admire you for being such a strong person.God bless you always!!

Keep contacting the INS rgarding the progess of your complaint.
Kathryn41
I am so sorry that you had this happen to you. It is never good to be and feel betrayed, but it is even worse when it is by someone you love. You have done what you can. USCIS has tagged his file and he will not be allowed to receive his 10 year card, divorced or otherwise. I know it is tough for you right now, but you have already shown that you are tougher. You will make it and come out of this stronger - eventually. In the meantime, cry and mourn because it is a loss. you have every right to feel the way you do.

(It was moved to the forum "Effects of Major Family Changes on Immigration Benefits" which is the more appropriate forum for it.)
Jomo's girl
I am so sorry. I hope you find a way to heal from this. You deserve so much better!

I really want to thank you for following up on your story and especially for providing details in a very mature manner. That's one thing I never liked on here.....When faced with problems, people need guidance and that is either glossed over or worded in such an immature way that it is not really helpful.

Hopefully, you will have helped others who may follow that same unfortunate path in the future.

I hope you find many blessings in your future.
walls1010
I know how tough it is right now for you...be strong. You did the right move reporting him in the INS and I believe he will be deported soon coz' his record at the INS had a tagged on it by reporting fraud/withdraw.
imailin
QUOTE(maiflower @ Apr 2 2008, 12:23 PM) *
I was here a few weeks back about an abusive husband had just received his 2 yr greencard from me and completely changed over night and told me he had married me for the GC and left me and my 2 month old daughter. well well well i went to ins in nyc, and at first i told the lady that my husband left me once he got his GC and she said sorry there is nothing we can do once het gets his ten year. i told her no, it was only the 2 yr. she told me to write down why i want to withdraw and i had allready brought my letter. she made a copy, wrote in big rd letters WITHDRAW and sent it to the dept that handles this. She then gave me a copy to immediately send to the Vermont Center. she then said how this happens everyday here. she said he would not be getting his greencard and would be deported. i was relieved. i am miserable that my marriage was based on fraud. my citizenship was both a blessing and curse. i am depressed like you cant possiblt believe but atleast this jerk will be paying for it. Anyone else has similiar story? even if he nows files for a divorce and this is in his files, right INS can't grant him his 10 yr? if there any possibility this monster can still get his 10 yr?



He is not only a bad person but he is also stupid.... he did not even do what he planned the right way!!!! what a pity!!! Good for you that you already took him out of your life....
Nutty
Sorry to hear about your troubles...

However, I am relieved that you are able to have his greencard withdrawn. That BA#@A$D! Can't wait for him to receive the letter that he is going to be deported!!!

Nutty
Can Iask you, just out of curiosity, what country was he from???

athena_ny
This story makes no sense...if he's already received his greencard, you need proof of fraud. They don't just pick up and deport someone because you complained...and how is an application WITHDRAWN if it's already approved?

I'm guessing the OP has left a lot out of the story?
nane1104
QUOTE(athena_ny @ Apr 2 2008, 04:50 PM) *
This story makes no sense...if he's already received his greencard, you need proof of fraud. They don't just pick up and deport someone because you complained...and how is an application WITHDRAWN if it's already approved?

I'm guessing the OP has left a lot out of the story?


If I read it right, he only got his conditional greencard and she withdrew her affidavit of support. I guess the hope is, that he can't file for lifting of conditions if there is a "marriage fraud red flag" all over the file.
How and if that will lead to deportation is not completley clear to me.
diadromous mermaid
QUOTE(maiflower @ Apr 2 2008, 12:23 PM) *
I was here a few weeks back about an abusive husband had just received his 2 yr greencard from me and completely changed over night and told me he had married me for the GC and left me and my 2 month old daughter. well well well i went to ins in nyc, and at first i told the lady that my husband left me once he got his GC and she said sorry there is nothing we can do once het gets his ten year. i told her no, it was only the 2 yr. she told me to write down why i want to withdraw and i had allready brought my letter. she made a copy, wrote in big rd letters WITHDRAW and sent it to the dept that handles this. She then gave me a copy to immediately send to the Vermont Center. she then said how this happens everyday here. she said he would not be getting his greencard and would be deported. i was relieved. i am miserable that my marriage was based on fraud. my citizenship was both a blessing and curse. i am depressed like you cant possiblt believe but atleast this jerk will be paying for it. Anyone else has similiar story? even if he nows files for a divorce and this is in his files, right INS can't grant him his 10 yr? if there any possibility this monster can still get his 10 yr?

What form were you asked to report the matter on?
pushbrk
QUOTE(maiflower @ Apr 2 2008, 10:23 AM) *
I was here a few weeks back about an abusive husband had just received his 2 yr greencard from me and completely changed over night and told me he had married me for the GC and left me and my 2 month old daughter. well well well i went to ins in nyc, and at first i told the lady that my husband left me once he got his GC and she said sorry there is nothing we can do once het gets his ten year. i told her no, it was only the 2 yr. she told me to write down why i want to withdraw and i had allready brought my letter. she made a copy, wrote in big rd letters WITHDRAW and sent it to the dept that handles this. She then gave me a copy to immediately send to the Vermont Center. she then said how this happens everyday here. she said he would not be getting his greencard and would be deported. i was relieved. i am miserable that my marriage was based on fraud. my citizenship was both a blessing and curse. i am depressed like you cant possiblt believe but atleast this jerk will be paying for it. Anyone else has similiar story? even if he nows files for a divorce and this is in his files, right INS can't grant him his 10 yr? if there any possibility this monster can still get his 10 yr?


I would believe the result predicted in the bolded section above when an actual deportation or green card cancelation occurs. You don't know how the department that handles this is going to handle it yet.
athena_ny
QUOTE(nane1104 @ Apr 2 2008, 06:07 PM) *
QUOTE(athena_ny @ Apr 2 2008, 04:50 PM) *
This story makes no sense...if he's already received his greencard, you need proof of fraud. They don't just pick up and deport someone because you complained...and how is an application WITHDRAWN if it's already approved?

I'm guessing the OP has left a lot out of the story?


If I read it right, he only got his conditional greencard and she withdrew her affidavit of support. I guess the hope is, that he can't file for lifting of conditions if there is a "marriage fraud red flag" all over the file.
How and if that will lead to deportation is not completley clear to me.


That's the thing...she can't withdraw the affidavit if he has his green card; if USCIS does a fraud investigation and deports him, that would relieve her of the duties detailed in the affidavit, but until they do that, she's still responsible.

Unless pushbrk's assessment is right. Which is may be.
nane1104
QUOTE(athena_ny @ Apr 2 2008, 09:18 PM) *
QUOTE(nane1104 @ Apr 2 2008, 06:07 PM) *
QUOTE(athena_ny @ Apr 2 2008, 04:50 PM) *
This story makes no sense...if he's already received his greencard, you need proof of fraud. They don't just pick up and deport someone because you complained...and how is an application WITHDRAWN if it's already approved?

I'm guessing the OP has left a lot out of the story?


If I read it right, he only got his conditional greencard and she withdrew her affidavit of support. I guess the hope is, that he can't file for lifting of conditions if there is a "marriage fraud red flag" all over the file.
How and if that will lead to deportation is not completley clear to me.


That's the thing...she can't withdraw the affidavit if he has his green card; if USCIS does a fraud investigation and deports him, that would relieve her of the duties detailed in the affidavit, but until they do that, she's still responsible.

Unless pushbrk's assessment is right. Which is may be.


Hm, interesting. When I was thinking about it and after reading other threads of this kind, I am thinking that even with the withdrawel of the affidavit of support, I am not sure if that would automatically result with deportation. He can for sure live here the two years while his greencard is valid and then get denied if he would try to lift conditions by himself. And then it would be up to INS (?) to deport him or not?!
That's how I understand the process, but I am by far no expert.
Interesting stuff though...

Why can't she withdraw her affidavit of support?
pushbrk
QUOTE(nane1104 @ Apr 2 2008, 07:27 PM) *
QUOTE(athena_ny @ Apr 2 2008, 09:18 PM) *
QUOTE(nane1104 @ Apr 2 2008, 06:07 PM) *
QUOTE(athena_ny @ Apr 2 2008, 04:50 PM) *
This story makes no sense...if he's already received his greencard, you need proof of fraud. They don't just pick up and deport someone because you complained...and how is an application WITHDRAWN if it's already approved?

I'm guessing the OP has left a lot out of the story?


If I read it right, he only got his conditional greencard and she withdrew her affidavit of support. I guess the hope is, that he can't file for lifting of conditions if there is a "marriage fraud red flag" all over the file.
How and if that will lead to deportation is not completley clear to me.


That's the thing...she can't withdraw the affidavit if he has his green card; if USCIS does a fraud investigation and deports him, that would relieve her of the duties detailed in the affidavit, but until they do that, she's still responsible.

Unless pushbrk's assessment is right. Which is may be.


Hm, interesting. When I was thinking about it and after reading other threads of this kind, I am thinking that even with the withdrawel of the affidavit of support, I am not sure if that would automatically result with deportation. He can for sure live here the two years while his greencard is valid and then get denied if he would try to lift conditions by himself. And then it would be up to INS (?) to deport him or not?!
That's how I understand the process, but I am by far no expert.
Interesting stuff though...

Why can't she withdraw her affidavit of support?


The affidavit of support is a contract between the sponsor and the US Government. "Withdrawal" must be done before the contract goes into effect. The effects and liabilities can be negated by deportation. In the meantime, the contract is in force.
nane1104
QUOTE(pushbrk @ Apr 2 2008, 09:32 PM) *
QUOTE(nane1104 @ Apr 2 2008, 07:27 PM) *
QUOTE(athena_ny @ Apr 2 2008, 09:18 PM) *
QUOTE(nane1104 @ Apr 2 2008, 06:07 PM) *
QUOTE(athena_ny @ Apr 2 2008, 04:50 PM) *
This story makes no sense...if he's already received his greencard, you need proof of fraud. They don't just pick up and deport someone because you complained...and how is an application WITHDRAWN if it's already approved?

I'm guessing the OP has left a lot out of the story?


If I read it right, he only got his conditional greencard and she withdrew her affidavit of support. I guess the hope is, that he can't file for lifting of conditions if there is a "marriage fraud red flag" all over the file.
How and if that will lead to deportation is not completley clear to me.


That's the thing...she can't withdraw the affidavit if he has his green card; if USCIS does a fraud investigation and deports him, that would relieve her of the duties detailed in the affidavit, but until they do that, she's still responsible.

Unless pushbrk's assessment is right. Which is may be.


Hm, interesting. When I was thinking about it and after reading other threads of this kind, I am thinking that even with the withdrawel of the affidavit of support, I am not sure if that would automatically result with deportation. He can for sure live here the two years while his greencard is valid and then get denied if he would try to lift conditions by himself. And then it would be up to INS (?) to deport him or not?!
That's how I understand the process, but I am by far no expert.
Interesting stuff though...

Why can't she withdraw her affidavit of support?


The affidavit of support is a contract between the sponsor and the US Government. "Withdrawal" must be done before the contract goes into effect. The effects and liabilities can be negated by deportation. In the meantime, the contract is in force.


Oh ok, thanks!!
maiflower
im back. after reading all you have said and trying to remember the pts brought up i will say this: he had a history of applying for various forms of GC and were denied or pending. also once he received his GC, i have proof we dont live together or share anything in common. i have a 2 mth old by him, i would see no advantage in being the one to leave him, so it can be assumed from the above staements that he did not enter in good faith. also remember the reason ppl are given 2 yr GC, precisely to avoid marriage fraud---something that i was a victim of. ins is quick to not renew any GC if the petioner makes it clear to them that the partner then abandoned her once he received his GC. Sadly this is no game for me, this nightmare is my reality and the only reason im here posting isnt to have fun but rather to show you how honest people get screwed over by ppl so desperate for a GC.
Tex'n'Brit
QUOTE(maiflower @ Apr 2 2008, 09:55 PM) *
im back. after reading all you have said and trying to remember the pts brought up i will say this: he had a history of applying for various forms of GC and were denied or pending. also once he received his GC, i have proof we dont live together or share anything in common. i have a 2 mth old by him, i would see no advantage in being the one to leave him, so it can be assumed from the above staements that he did not enter in good faith. also remember the reason ppl are given 2 yr GC, precisely to avoid marriage fraud---something that i was a victim of. ins is quick to not renew any GC if the petioner makes it clear to them that the partner then abandoned her once he received his GC. Sadly this is no game for me, this nightmare is my reality and the only reason im here posting isnt to have fun but rather to show you how honest people get screwed over by ppl so desperate for a GC.


Hi there,

Don't worry ... I may be wrong, but I don't think anyone here finds your situation funny. You've been left in a horrible situation by this scumbag and personally I hope he really does get what he deserves.

I suspect some people here are simply trying to make sure they understand exactly what has happened, what the immigration lady did and what the consequences for both you and the ... 'husband' ... are now. That's all.

I wish you and your baby a very happy future without any more heartache. rose.gif

Take care,

Brit
nane1104
Tex'n'Brit is right, I wasn't questioning what has happened to you and I feel truly sorry for the situation he brought you in. Just what you described happens now left some questions open that we were trying to figure out....and that might be interesting to you too, maybe you weren't aware of the affidavit of support issue?
zqt3344
That is great you did not let this scammer get off easy - LET THE DEPORTATION BEGIN NOW!
devil.gif
QUOTE(maiflower @ Apr 2 2008, 10:55 PM) *
im back. after reading all you have said and trying to remember the pts brought up i will say this: he had a history of applying for various forms of GC and were denied or pending. also once he received his GC, i have proof we dont live together or share anything in common. i have a 2 mth old by him, i would see no advantage in being the one to leave him, so it can be assumed from the above staements that he did not enter in good faith. also remember the reason ppl are given 2 yr GC, precisely to avoid marriage fraud---something that i was a victim of. ins is quick to not renew any GC if the petioner makes it clear to them that the partner then abandoned her once he received his GC. Sadly this is no game for me, this nightmare is my reality and the only reason im here posting isnt to have fun but rather to show you how honest people get screwed over by ppl so desperate for a GC.

Krikit
QUOTE(zqt3344 @ Apr 3 2008, 11:41 AM) *
That is great you did not let this scammer get off easy - LET THE DEPORTATION BEGIN NOW!
devil.gif

*checks watch* Yep. Right on time.
pushbrk
QUOTE(nane1104 @ Apr 3 2008, 06:12 AM) *
Tex'n'Brit is right, I wasn't questioning what has happened to you and I feel truly sorry for the situation he brought you in. Just what you described happens now left some questions open that we were trying to figure out....and that might be interesting to you too, maybe you weren't aware of the affidavit of support issue?


Right. Some of us would like to learn from your experience in order to better help others later. So, instead of trying to convince us you did the right thing, actual details and follow-up on what happens is more useful to us.

You did the right thing. We don't know if he'll get deported. We know somebody took your letter and made a request of the department that handles such things. We don't know what forms if any you submitted or what will be done with them. Please keep us posted.
athena_ny
QUOTE(maiflower @ Apr 2 2008, 10:55 PM) *
im back. after reading all you have said and trying to remember the pts brought up i will say this: he had a history of applying for various forms of GC and were denied or pending. also once he received his GC, i have proof we dont live together or share anything in common. i have a 2 mth old by him, i would see no advantage in being the one to leave him, so it can be assumed from the above staements that he did not enter in good faith. also remember the reason ppl are given 2 yr GC, precisely to avoid marriage fraud---something that i was a victim of. ins is quick to not renew any GC if the petioner makes it clear to them that the partner then abandoned her once he received his GC. Sadly this is no game for me, this nightmare is my reality and the only reason im here posting isnt to have fun but rather to show you how honest people get screwed over by ppl so desperate for a GC.



It may help you to know that the INS no longer exists.
And our questions may help, since you seemed unaware you are on the hook for the I-864 until/if he is deported. Fraud is not super-easy to prove, and last time I checked, USCIS doesn't deport ever immigrant where the spouse says they were defrauded - you need evidence, because a lot of spiteful, hurt US citizens who have just had a failed relationship want to play the fraud card. You should probably be aware that if the fraud is not well-documented, a child that is the product of the relationship can sometimes be seen as "proof" of a bonafide relationship and no longer living together after a relationship has failed is, by itself, not proof of fraud.

However, I do wish you the best and hope everything turns out well.
zqt3344
QUOTE(athena_ny @ Apr 4 2008, 08:08 AM) *
QUOTE(maiflower @ Apr 2 2008, 10:55 PM) *
im back. after reading all you have said and trying to remember the pts brought up i will say this: he had a history of applying for various forms of GC and were denied or pending. also once he received his GC, i have proof we dont live together or share anything in common. i have a 2 mth old by him, i would see no advantage in being the one to leave him, so it can be assumed from the above staements that he did not enter in good faith. also remember the reason ppl are given 2 yr GC, precisely to avoid marriage fraud---something that i was a victim of. ins is quick to not renew any GC if the petioner makes it clear to them that the partner then abandoned her once he received his GC. Sadly this is no game for me, this nightmare is my reality and the only reason im here posting isnt to have fun but rather to show you how honest people get screwed over by ppl so desperate for a GC.



It may help you to know that the INS no longer exists.
And our questions may help, since you seemed unaware you are on the hook for the I-864 until/if he is deported. Fraud is not super-easy to prove, and last time I checked, USCIS doesn't deport ever immigrant where the spouse says they were defrauded - you need evidence, because a lot of spiteful, hurt US citizens who have just had a failed relationship want to play the fraud card. You should probably be aware that if the fraud is not well-documented, a child that is the product of the relationship can sometimes be seen as "proof" of a bonafide relationship and no longer living together after a relationship has failed is, by itself, not proof of fraud.

However, I do wish you the best and hope everything turns out well.


Excuse me but the last time I checked, ICE does exist and is actively working! Why would she be on the hook if the scammer is deported? That is illogical -they are being deported and removed from USA so how would that have any effect on the USC being on the hook for I864 or anything? How do you know there was not evidence in this OP case? Spiteful USC? hummmmmmmmm the only spitefulness I see is someone trying to tongue lash an USC OP that has been scammed and needing support from us not someone trying to twist and spin this around like it is the USC fault, which is the tone you always take, and I resent the fact that you always take up a side against the USC poster and act like in some way it is all their fault for any and all wrongdoing when it is not! Maybe just maybe this OP is telling the truth and for that matter walk a mile in her shoes for once, alone with a baby and on her own! Care to trade places with her and go through what she is going through maybe you might stop looking through the rose colored immigration glasses you always do. Face the reality and facts, there are many immigrants using marriage as a tool to gain entry into the USA each and every day, month or year fraudulently with no care for the USC at all! And sadly it only hurts all of us and ruins it for all of us and makes this process that more harder on honest loving couples! We all pay the price for all this paperwork and procedures and background checks and the numerous waits with USCIS for GC, visas, you name it all because of those that try to scam or game the system.

nane1104
QUOTE(zqt3344 @ Apr 4 2008, 10:45 AM) *
QUOTE(athena_ny @ Apr 4 2008, 08:08 AM) *
QUOTE(maiflower @ Apr 2 2008, 10:55 PM) *
im back. after reading all you have said and trying to remember the pts brought up i will say this: he had a history of applying for various forms of GC and were denied or pending. also once he received his GC, i have proof we dont live together or share anything in common. i have a 2 mth old by him, i would see no advantage in being the one to leave him, so it can be assumed from the above staements that he did not enter in good faith. also remember the reason ppl are given 2 yr GC, precisely to avoid marriage fraud---something that i was a victim of. ins is quick to not renew any GC if the petioner makes it clear to them that the partner then abandoned her once he received his GC. Sadly this is no game for me, this nightmare is my reality and the only reason im here posting isnt to have fun but rather to show you how honest people get screwed over by ppl so desperate for a GC.



It may help you to know that the INS no longer exists.
And our questions may help, since you seemed unaware you are on the hook for the I-864 until/if he is deported. Fraud is not super-easy to prove, and last time I checked, USCIS doesn't deport ever immigrant where the spouse says they were defrauded - you need evidence, because a lot of spiteful, hurt US citizens who have just had a failed relationship want to play the fraud card. You should probably be aware that if the fraud is not well-documented, a child that is the product of the relationship can sometimes be seen as "proof" of a bonafide relationship and no longer living together after a relationship has failed is, by itself, not proof of fraud.

However, I do wish you the best and hope everything turns out well.


Excuse me but the last time I checked, ICE does exist and is actively working! Why would she be on the hook if the scammer is deported? That is illogical -they are being deported and removed from USA so how would that have any effect on the USC being on the hook for I864 or anything? How do you know there was not evidence in this OP case? Spiteful USC? hummmmmmmmm the only spitefulness I see is someone trying to tongue lash an USC OP that has been scammed and needing support from us not someone trying to twist and spin this around like it is the USC fault, which is the tone you always take, and I resent the fact that you always take up a side against the USC poster and act like in some way it is all their fault for any and all wrongdoing when it is not! Maybe just maybe this OP is telling the truth and for that matter walk a mile in her shoes for once, alone with a baby and on her own! Care to trade places with her and go through what she is going through maybe you might stop looking through the rose colored immigration glasses you always do. Face the reality and facts, there are many immigrants using marriage as a tool to gain entry into the USA each and every day, month or year fraudulently with no care for the USC at all! And sadly it only hurts all of us and ruins it for all of us and makes this process that more harder on honest loving couples! We all pay the price for all this paperwork and procedures and background checks and the numerous waits with USCIS for GC, visas, you name it all because of those that try to scam or game the system.



Did you actually read the above reply? Just because you write everything in bold letters dosn't mean you are right.
pushbrk
QUOTE(zqt3344 @ Apr 4 2008, 08:45 AM) *
QUOTE(athena_ny @ Apr 4 2008, 08:08 AM) *
QUOTE(maiflower @ Apr 2 2008, 10:55 PM) *
im back. after reading all you have said and trying to remember the pts brought up i will say this: he had a history of applying for various forms of GC and were denied or pending. also once he received his GC, i have proof we dont live together or share anything in common. i have a 2 mth old by him, i would see no advantage in being the one to leave him, so it can be assumed from the above staements that he did not enter in good faith. also remember the reason ppl are given 2 yr GC, precisely to avoid marriage fraud---something that i was a victim of. ins is quick to not renew any GC if the petioner makes it clear to them that the partner then abandoned her once he received his GC. Sadly this is no game for me, this nightmare is my reality and the only reason im here posting isnt to have fun but rather to show you how honest people get screwed over by ppl so desperate for a GC.



It may help you to know that the INS no longer exists.
And our questions may help, since you seemed unaware you are on the hook for the I-864 until/if he is deported. Fraud is not super-easy to prove, and last time I checked, USCIS doesn't deport ever immigrant where the spouse says they were defrauded - you need evidence, because a lot of spiteful, hurt US citizens who have just had a failed relationship want to play the fraud card. You should probably be aware that if the fraud is not well-documented, a child that is the product of the relationship can sometimes be seen as "proof" of a bonafide relationship and no longer living together after a relationship has failed is, by itself, not proof of fraud.

However, I do wish you the best and hope everything turns out well.


Excuse me but the last time I checked, ICE does exist and is actively working! Why would she be on the hook if the scammer is deported? That is illogical -they are being deported and removed from USA so how would that have any effect on the USC being on the hook for I864 or anything? How do you know there was not evidence in this OP case? Spiteful USC? hummmmmmmmm the only spitefulness I see is someone trying to tongue lash an USC OP that has been scammed and needing support from us not someone trying to twist and spin this around like it is the USC fault, which is the tone you always take, and I resent the fact that you always take up a side against the USC poster and act like in some way it is all their fault for any and all wrongdoing when it is not! Maybe just maybe this OP is telling the truth and for that matter walk a mile in her shoes for once, alone with a baby and on her own! Care to trade places with her and go through what she is going through maybe you might stop looking through the rose colored immigration glasses you always do. Face the reality and facts, there are many immigrants using marriage as a tool to gain entry into the USA each and every day, month or year fraudulently with no care for the USC at all! And sadly it only hurts all of us and ruins it for all of us and makes this process that more harder on honest loving couples! We all pay the price for all this paperwork and procedures and background checks and the numerous waits with USCIS for GC, visas, you name it all because of those that try to scam or game the system.



ICE is not INS. "Until he is deported" is different than "after he is deported". Carefull reading will help you avoid such misinterpretations.

See the bolded parts of the post to which you responded.
athena_ny
QUOTE(zqt3344 @ Apr 4 2008, 11:45 AM) *
QUOTE(athena_ny @ Apr 4 2008, 08:08 AM) *
QUOTE(maiflower @ Apr 2 2008, 10:55 PM) *
im back. after reading all you have said and trying to remember the pts brought up i will say this: he had a history of applying for various forms of GC and were denied or pending. also once he received his GC, i have proof we dont live together or share anything in common. i have a 2 mth old by him, i would see no advantage in being the one to leave him, so it can be assumed from the above staements that he did not enter in good faith. also remember the reason ppl are given 2 yr GC, precisely to avoid marriage fraud---something that i was a victim of. ins is quick to not renew any GC if the petioner makes it clear to them that the partner then abandoned her once he received his GC. Sadly this is no game for me, this nightmare is my reality and the only reason im here posting isnt to have fun but rather to show you how honest people get screwed over by ppl so desperate for a GC.



It may help you to know that the INS no longer exists.
And our questions may help, since you seemed unaware you are on the hook for the I-864 until/if he is deported. Fraud is not super-easy to prove, and last time I checked, USCIS doesn't deport ever immigrant where the spouse says they were defrauded - you need evidence, because a lot of spiteful, hurt US citizens who have just had a failed relationship want to play the fraud card. You should probably be aware that if the fraud is not well-documented, a child that is the product of the relationship can sometimes be seen as "proof" of a bonafide relationship and no longer living together after a relationship has failed is, by itself, not proof of fraud.

However, I do wish you the best and hope everything turns out well.


Excuse me but the last time I checked, ICE does exist and is actively working! Why would she be on the hook if the scammer is deported? That is illogical -they are being deported and removed from USA so how would that have any effect on the USC being on the hook for I864 or anything? How do you know there was not evidence in this OP case? Spiteful USC? hummmmmmmmm the only spitefulness I see is someone trying to tongue lash an USC OP that has been scammed and needing support from us not someone trying to twist and spin this around like it is the USC fault, which is the tone you always take, and I resent the fact that you always take up a side against the USC poster and act like in some way it is all their fault for any and all wrongdoing when it is not! Maybe just maybe this OP is telling the truth and for that matter walk a mile in her shoes for once, alone with a baby and on her own! Care to trade places with her and go through what she is going through maybe you might stop looking through the rose colored immigration glasses you always do. Face the reality and facts, there are many immigrants using marriage as a tool to gain entry into the USA each and every day, month or year fraudulently with no care for the USC at all! And sadly it only hurts all of us and ruins it for all of us and makes this process that more harder on honest loving couples! We all pay the price for all this paperwork and procedures and background checks and the numerous waits with USCIS for GC, visas, you name it all because of those that try to scam or game the system.



ICE does exist, but if you read, I said INS.

I never made out the OP to be a spiteful USC, however they do exist, and this is why ICE has to investigate and not just take someone's word on it, and that is why the USC is still on the hook until/if the immigrant is deported. I never said the USC was lying, just informing her that an investigation would take place and it's a crapshoot if there's not a ton of hard evidence of fraud, and that moving out when a relationship fails does not always mean fraud in ICE's eyes. If she has tons of documentation, then hopefully her spouse will be put into removal proceedings.

I bolded the hard parts so maybe you can understand; we know reading is not your strong point.

(PS - tone is not transmitted on internet message boards. Tone is a characteristic of speech. smile.gif)
nane1104
Why is this person still allowed to post anyway??
athena_ny
QUOTE(nane1104 @ Apr 4 2008, 01:22 PM) *
Why is this person still allowed to post anyway??


Most of us are wondering the same thing.
Anastassia
Correct me if I am wrong, but I don't actually believe that ICE literally deports people. All I hear is people get the letter saying they should leave the country unless they are detained for other crimes.

I don't believe ICE even actively looks for those who are under removal proceedings if their place of stay is unknown.
nane1104
That's the impression I have. Well, I guess if you are in a situation like the OP is, it is more than understanding that you want your (former) spouse out of the country and have at least that kind of "payback" or the feeling that you are in control of the situation.
I just remember how I felt when I found out that an exbf really just had used me and I wished a lot of bad things on him. I can only imagine how hurt you are after you go through all the immigration stuff for and with your spouse and then something like that happens.
But yes, I don't think that whoever is responsible for deporting people, is doing this out of sympathy for the USC and his/her hurt feelings, as much as we would wish for that sometimes.



zqt3344
QUOTE(athena_ny @ Apr 4 2008, 12:27 PM) *
QUOTE(nane1104 @ Apr 4 2008, 01:22 PM) *
Why is this person still allowed to post anyway??


Most of us are wondering the same thing.


As most of us are wondering the same thing about you. whistling.gif
Sylvia_n_Joseph
QUOTE(athena_ny @ Apr 2 2008, 07:18 PM) *
QUOTE(nane1104 @ Apr 2 2008, 06:07 PM) *
QUOTE(athena_ny @ Apr 2 2008, 04:50 PM) *
This story makes no sense...if he's already received his greencard, you need proof of fraud. They don't just pick up and deport someone because you complained...and how is an application WITHDRAWN if it's already approved?

I'm guessing the OP has left a lot out of the story?


If I read it right, he only got his conditional greencard and she withdrew her affidavit of support. I guess the hope is, that he can't file for lifting of conditions if there is a "marriage fraud red flag" all over the file.
How and if that will lead to deportation is not completley clear to me.


That's the thing...she can't withdraw the affidavit if he has his green card; if USCIS does a fraud investigation and deports him, that would relieve her of the duties detailed in the affidavit, but until they do that, she's still responsible.

Unless pushbrk's assessment is right. Which is may be.



The affidavit is a contract. Fraud negates contracts. If they tried to enforce it , the OP could refuse on the grounds of fraud. It would then become the governments burden to disprove the fraud. If they collected any monies after her challange the OP could sue for the return of the monies and interest.
diadromous mermaid
QUOTE(Sylvia_n_Joseph @ Apr 8 2008, 09:03 AM) *
QUOTE(athena_ny @ Apr 2 2008, 07:18 PM) *
QUOTE(nane1104 @ Apr 2 2008, 06:07 PM) *
QUOTE(athena_ny @ Apr 2 2008, 04:50 PM) *
This story makes no sense...if he's already received his greencard, you need proof of fraud. They don't just pick up and deport someone because you complained...and how is an application WITHDRAWN if it's already approved?

I'm guessing the OP has left a lot out of the story?


If I read it right, he only got his conditional greencard and she withdrew her affidavit of support. I guess the hope is, that he can't file for lifting of conditions if there is a "marriage fraud red flag" all over the file.
How and if that will lead to deportation is not completley clear to me.


That's the thing...she can't withdraw the affidavit if he has his green card; if USCIS does a fraud investigation and deports him, that would relieve her of the duties detailed in the affidavit, but until they do that, she's still responsible.

Unless pushbrk's assessment is right. Which is may be.



The affidavit is a contract. Fraud negates contracts. If they tried to enforce it , the OP could refuse on the grounds of fraud. It would then become the governments burden to disprove the fraud. If they collected any monies after her challange the OP could sue for the return of the monies and interest.


First, fraud would have to be proven to negate any contract...and the contract would have to be between the same two parties. You are muddling fraud of an USC by an alien, and a contract between a USC and the USCIS!
TracyTN
QUOTE(zqt3344 @ Apr 8 2008, 07:29 AM) *
QUOTE(athena_ny @ Apr 4 2008, 12:27 PM) *
QUOTE(nane1104 @ Apr 4 2008, 01:22 PM) *
Why is this person still allowed to post anyway??


Most of us are wondering the same thing.


As most of us are wondering the same thing about you. whistling.gif


And about you.
zqt3344
QUOTE(TracyTN @ Apr 8 2008, 10:23 AM) *
QUOTE(zqt3344 @ Apr 8 2008, 07:29 AM) *
QUOTE(athena_ny @ Apr 4 2008, 12:27 PM) *
QUOTE(nane1104 @ Apr 4 2008, 01:22 PM) *
Why is this person still allowed to post anyway??


Most of us are wondering the same thing.


As most of us are wondering the same thing about you. whistling.gif


And about you.

Ah and you too! whistling.gif

They have a good point about the fraud, would be interesting to see USCIS try to uphold that 'contract' when it was based upon a fraud to begin with. Wonder if this has ever been in court yet.
unsure.gif
QUOTE(diadromous mermaid @ Apr 8 2008, 10:10 AM) *
QUOTE(Sylvia_n_Joseph @ Apr 8 2008, 09:03 AM) *
QUOTE(athena_ny @ Apr 2 2008, 07:18 PM) *
QUOTE(nane1104 @ Apr 2 2008, 06:07 PM) *
QUOTE(athena_ny @ Apr 2 2008, 04:50 PM) *
This story makes no sense...if he's already received his greencard, you need proof of fraud. They don't just pick up and deport someone because you complained...and how is an application WITHDRAWN if it's already approved?

I'm guessing the OP has left a lot out of the story?


If I read it right, he only got his conditional greencard and she withdrew her affidavit of support. I guess the hope is, that he can't file for lifting of conditions if there is a "marriage fraud red flag" all over the file.
How and if that will lead to deportation is not completley clear to me.


That's the thing...she can't withdraw the affidavit if he has his green card; if USCIS does a fraud investigation and deports him, that would relieve her of the duties detailed in the affidavit, but until they do that, she's still responsible.

Unless pushbrk's assessment is right. Which is may be.



The affidavit is a contract. Fraud negates contracts. If they tried to enforce it , the OP could refuse on the grounds of fraud. It would then become the governments burden to disprove the fraud. If they collected any monies after her challange the OP could sue for the return of the monies and interest.


First, fraud would have to be proven to negate any contract...and the contract would have to be between the same two parties. You are muddling fraud of an USC by an alien, and a contract between a USC and the USCIS!
Taylorlove
QUOTE(zqt3344 @ Apr 8 2008, 12:45 PM) *
QUOTE(TracyTN @ Apr 8 2008, 10:23 AM) *
QUOTE(zqt3344 @ Apr 8 2008, 07:29 AM) *
QUOTE(athena_ny @ Apr 4 2008, 12:27 PM) *
QUOTE(nane1104 @ Apr 4 2008, 01:22 PM) *
Why is this person still allowed to post anyway??


Most of us are wondering the same thing.


As most of us are wondering the same thing about you. whistling.gif


And about you.

Ah and you too! whistling.gif

[size="3"][/size]oh no it isn't ...oh yes it is!.... oh no it isn't.... OH YES IT IS! Come on children..

They have a good point about the fraud, would be interesting to see USCIS try to uphold that 'contract' when it was based upon a fraud to begin with. Wonder if this has ever been in court yet.
unsure.gif
QUOTE(diadromous mermaid @ Apr 8 2008, 10:10 AM) *
QUOTE(Sylvia_n_Joseph @ Apr 8 2008, 09:03 AM) *
QUOTE(athena_ny @ Apr 2 2008, 07:18 PM) *
QUOTE(nane1104 @ Apr 2 2008, 06:07 PM) *
QUOTE(athena_ny @ Apr 2 2008, 04:50 PM) *
This story makes no sense...if he's already received his greencard, you need proof of fraud. They don't just pick up and deport someone because you complained...and how is an application WITHDRAWN if it's already approved?

I'm guessing the OP has left a lot out of the story?


If I read it right, he only got his conditional greencard and she withdrew her affidavit of support. I guess the hope is, that he can't file for lifting of conditions if there is a "marriage fraud red flag" all over the file.
How and if that will lead to deportation is not completley clear to me.


That's the thing...she can't withdraw the affidavit if he has his green card; if USCIS does a fraud investigation and deports him, that would relieve her of the duties detailed in the affidavit, but until they do that, she's still responsible.

Unless pushbrk's assessment is right. Which is may be.



The affidavit is a contract. Fraud negates contracts. If they tried to enforce it , the OP could refuse on the grounds of fraud. It would then become the governments burden to disprove the fraud. If they collected any monies after her challange the OP could sue for the return of the monies and interest.


First, fraud would have to be proven to negate any contract...and the contract would have to be between the same two parties. You are muddling fraud of an USC by an alien, and a contract between a USC and the USCIS!


StillThePrettiest
QUOTE(zqt3344 @ Apr 8 2008, 06:45 PM) *
QUOTE(TracyTN @ Apr 8 2008, 10:23 AM) *
QUOTE(zqt3344 @ Apr 8 2008, 07:29 AM) *
QUOTE(athena_ny @ Apr 4 2008, 12:27 PM) *
QUOTE(nane1104 @ Apr 4 2008, 01:22 PM) *
Why is this person still allowed to post anyway??


Most of us are wondering the same thing.


As most of us are wondering the same thing about you. whistling.gif


And about you.

Ah and you too! whistling.gif


...actually, no: just about you whistling.gif


and no returns tongue.gif
athena_ny
QUOTE(zqt3344 @ Apr 8 2008, 08:29 AM) *
QUOTE(athena_ny @ Apr 4 2008, 12:27 PM) *
QUOTE(nane1104 @ Apr 4 2008, 01:22 PM) *
Why is this person still allowed to post anyway??


Most of us are wondering the same thing.


As most of us are wondering the same thing about you. whistling.gif


Or just the people in your head.
TracyTN
laughing.gif
zqt3344
whistling.gif or maybe in your illusionary world's you each live in daily hopefully you can read so cast your naive eyes below.

Read below and get enlightened for a change.

Calif. visa scam allegedly helped prostitutes
Beverly Hills man accused of using language schools to bring in Russians

AP NEWS updated 8:47 p.m. ET, Wed., April. 9, 2008
LOS ANGELES - A Beverly Hills man was arrested Wednesday on charges that he used his English language schools as a front to get student visas for Russian prostitutes and other ineligible foreigners.

Behzad "Ben" Zaman, 50, a naturalized U.S. citizen from Iran, was arrested by federal customs agents at the Concord English Language Center on Wilshire Boulevard near downtown.

On Tuesday, a grand jury indicted Zaman on 14 counts of fraud and misuse of visas, conspiracy and money laundering, according to a statement from federal officials. The charges carry a maximum penalty of 210 years in prison.

Zaman operated Concord and another school, the International College for English Studies, authorities said.

Zaman could not be reached for comment. Calls to both schools were not answered Wednesday.

'Legitimate students' at schools
Federal agents did not close the two schools, said Virginia Kice, a spokeswoman for U.S. Immigration and Customs Enforcement.

"There are legitimate students that go to these schools and there are real classrooms," Kice said.

However, Zaman also charged thousands of dollars in "tuition" to "students" who were kept on the enrollment books even though they were not attending classes, authorities contended.

The indictment specifically cited more than $320,000 Zaman allegedly received from illegal activities, authorities said.

The schools claimed to have more than 1,000 students early this year but in fact could not physically hold them, the statement said.

In fact, some of the "students" were people from Uzbekistan and Latvia who were ineligible for student visas, according to the indictment.

"Russian and Latvian women prostitutes were posing as English-language students," alleged an affidavit for a search warrant.

'Flagrant violation'
The number of allegedly phony students was not disclosed. However, the case is believed to be one of the largest student visa fraud schemes uncovered on the West Coast, said Robert Schoch, special agent in charge of the U.S. Customs and Enforcement office of investigations in Los Angeles.

"This flagrant violation of our immigration laws shows how greed can compromise our national security," U.S. Attorney Thomas P. O'Brien said in a statement. "We welcome legitimate students who want to take advantage of educational opportunities in America. We do not welcome individuals posing as students who have no intention of studying and who simply want to gain access to this country."

The search warrant affidavit said a woman from Thailand told customs officials that she paid $2,000 a year to obtain immigration status from International College but did not attend classes.

QUOTE(athena_ny @ Apr 9 2008, 07:29 PM) *
QUOTE(zqt3344 @ Apr 8 2008, 08:29 AM) *
QUOTE(athena_ny @ Apr 4 2008, 12:27 PM) *
QUOTE(nane1104 @ Apr 4 2008, 01:22 PM) *
Why is this person still allowed to post anyway??


Most of us are wondering the same thing.


As most of us are wondering the same thing about you. whistling.gif


Or just the people in your head.

StillThePrettiest
*reads... an article of dubious origin and even more dubious veracity that has absolutely nothing to do with marriage-based immigration*

ok, we're supposed to be enlightened how, exactly? perhaps now would be a good moment for me to share my recipe for Thai fish cakes? it would be about as pertinent biggrin.gif
TracyTN
What's the price of tea in China these days, anyway?
zqt3344
Maybe if it was the BBC or the Ausworld whatever you might be able to read and understand it, but Sadly you cannot be enlightened, for you are a choosing to ignore the truth along with many others, but go ahead while the other 90% of the USA population goes against you, good luck for you are all going to need it. innocent.gif

QUOTE(StillThePrettiest @ Apr 10 2008, 01:03 PM) *
*reads... an article of dubious origin and even more dubious veracity that has absolutely nothing to do with marriage-based immigration*

ok, we're supposed to be enlightened how, exactly? perhaps now would be a good moment for me to share my recipe for Thai fish cakes? it would be about as pertinent biggrin.gif



I know what the price of tea in the USA back in 1776? or have you forgot? laughing.gif

QUOTE(TracyTN @ Apr 10 2008, 01:04 PM) *
What's the price of tea in China these days, anyway?
*Len*
QUOTE(StillThePrettiest @ Apr 10 2008, 11:03 AM) *
*reads... an article of dubious origin and even more dubious veracity that has absolutely nothing to do with marriage-based immigration*

ok, we're supposed to be enlightened how, exactly? perhaps now would be a good moment for me to share my recipe for Thai fish cakes? it would be about as pertinent biggrin.gif


Please, I beg of you, share said lavish recipe with this un-enlightened one {{{bows}}}}

Ph, and the prices of tea are going to the cr@pper since Starbucks opened in China rofl.gif
bora bora
Off-Topic2.gif

OP, good luck and take care of yourself and your baby... rose.gif
cindishah
Good bye Earl!!! those black eyed peas didnt taste funny to me....
TracyTN
QUOTE(Len_and_Bren @ Apr 10 2008, 06:27 PM) *
Ph, and the prices of tea are going to the cr@pper since Starbucks opened in China rofl.gif


laughing.gif
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