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Marriage Fraud: she disappeared with Permanent Residency (10 yrs.)

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Filed: IR-1/CR-1 Visa Country: Ecuador
Timeline

If the original intentions of the spouse, who has already been granted the "unconditional" Permanent Residence for 10 years, is immediately suspect upon arrival in the US, and within 2 1/2 weeks has gone to live somewhere else, how can she have her Visa removed: only if it is proven to have been fraudulently obtained from the beginning upon entering into a marriage, or by divorcing her, by a combination of these things, and/or by some other means? (We're talking about New Jersey here.)

She also does not state her present whereabouts or address. At this point, since she is not living with her spouse, can she lbe liable for not having reported an address change? What role does of Affidavit Support by the US-citizen husband play in all of this?

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Filed: Other Country: China
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If the original intentions of the spouse, who has already been granted the "unconditional" Permanent Residence for 10 years, is immediately suspect upon arrival in the US, and within 2 1/2 weeks has gone to live somewhere else, how can she have her Visa removed: only if it is proven to have been fraudulently obtained from the beginning upon entering into a marriage, or by divorcing her, by a combination of these things, and/or by some other means? (We're talking about New Jersey here.)

She also does not state her present whereabouts or address. At this point, since she is not living with her spouse, can she lbe liable for not having reported an address change? What role does of Affidavit Support by the US-citizen husband play in all of this?

The affidavit of support is valid until one of the conditions is met to invalidate it. Otherwise, with a 10 year green card, the couple should not expect anything else need be dealt with differently because one party is an immigrant. If the marriage is over, get a divorce. A ten year green card pretty much by definition, rules out visa fraud.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Filed: IR-1/CR-1 Visa Country: Iran
Timeline
If the original intentions of the spouse, who has already been granted the "unconditional" Permanent Residence for 10 years, is immediately suspect upon arrival in the US, and within 2 1/2 weeks has gone to live somewhere else, how can she have her Visa removed: only if it is proven to have been fraudulently obtained from the beginning upon entering into a marriage, or by divorcing her, by a combination of these things, and/or by some other means? (We're talking about New Jersey here.)

She also does not state her present whereabouts or address. At this point, since she is not living with her spouse, can she lbe liable for not having reported an address change? What role does of Affidavit Support by the US-citizen husband play in all of this?

Time to consult a lawyer.

The petitioner can remove their Affidavit of Support from what I understand. She would then be denied AOS.

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Filed: Citizen (apr) Country: Canada
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If the original intentions of the spouse, who has already been granted the "unconditional" Permanent Residence for 10 years, is immediately suspect upon arrival in the US, and within 2 1/2 weeks has gone to live somewhere else, how can she have her Visa removed: only if it is proven to have been fraudulently obtained from the beginning upon entering into a marriage, or by divorcing her, by a combination of these things, and/or by some other means? (We're talking about New Jersey here.)

She also does not state her present whereabouts or address. At this point, since she is not living with her spouse, can she lbe liable for not having reported an address change? What role does of Affidavit Support by the US-citizen husband play in all of this?

Time to consult a lawyer.

The petitioner can remove their Affidavit of Support from what I understand. She would then be denied AOS.

She has already received her Green Card when she entered the US as a CR/IR-1. She doesn't need to apply for AOS. Since the marriage was already more than 2 years old at the time she did not receive a conditional green card. She is considered a permanent resident. The OP can certainly consult a lawyer but I don't expect that there will be much - if anything - he can do.


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It is sad it worked out for you like this.

A 10 years green card can not be revoked.

Just get the divorce and move on.


December 12 2006 Filed I130

Jan 10 2007 got receipt and case number!

Jan 12 2007 sent 129F

Feb 6 notice they were moving the file to a faster service center.

Feb 26 Notice of I130 approval

Feb 28 2007 notice they were sending 129F to USCIS for further investigation (err #######?)

May 15 2007 notice of approval of 129F with processing dates of 05/15/2007 thru 09/14/2007

May 28 2007 Notice from attorney that NVC needed processed and money orders were needed.

June 4 2007 Traveled to Manila to spend 2 weeks with my wife!! (YeHaaaa!!)

Fed-xed her signed papers (For NVC) from Manila to attorney from Manila while on vacation

June 18 2007 Nvc approved support.

June 29 2007 packet arrived @ my home informing of interveiw for I130 on Aug 27 2007 and explaining Medical interveiw.

(Note wife never received packet for I130 in Philippines I fed-ex'ed mine to her for medical interveiw)

July 17 2007 packet arrived for 129F setting interveiw for Sept 5 2007

August 5 2007 Wife flew to Manila for medical interveiw on August 6.

August 26 wife flew to Manila for I130 interveiw on August 27 2007.

August 27 2007 12:31 pm I130 Approved

wife arriving Nov 18th

WIFE ARRIVED Nov 18th!!!!

Website I made my wife!

http://rickrox.tripod.com/roxan1.html

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Filed: Timeline
If conditions have been lifted there is nothing you can do my friend.

Not at all true!

If the original intentions of the spouse, who has already been granted the "unconditional" Permanent Residence for 10 years, is immediately suspect upon arrival in the US, and within 2 1/2 weeks has gone to live somewhere else, how can she have her Visa removed: only if it is proven to have been fraudulently obtained from the beginning upon entering into a marriage, or by divorcing her, by a combination of these things, and/or by some other means? (We're talking about New Jersey here.)

She also does not state her present whereabouts or address. At this point, since she is not living with her spouse, can she lbe liable for not having reported an address change? What role does of Affidavit Support by the US-citizen husband play in all of this?

A ten year green card pretty much by definition, rules out visa fraud.

Not at all true!

A 10 years green card can not be revoked.

Just get the divorce and move on.

ANY Green Card can be revoked, 10 year or 2 year makes no difference. It all depends upon what evidence the Service has to demonstrate acquisition by fraudulent means.


"diaddie mermaid"

You can 'catch' me on here and on FBI.

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Filed: Other Country: China
Timeline
If conditions have been lifted there is nothing you can do my friend.

Not at all true!

If the original intentions of the spouse, who has already been granted the "unconditional" Permanent Residence for 10 years, is immediately suspect upon arrival in the US, and within 2 1/2 weeks has gone to live somewhere else, how can she have her Visa removed: only if it is proven to have been fraudulently obtained from the beginning upon entering into a marriage, or by divorcing her, by a combination of these things, and/or by some other means? (We're talking about New Jersey here.)

She also does not state her present whereabouts or address. At this point, since she is not living with her spouse, can she lbe liable for not having reported an address change? What role does of Affidavit Support by the US-citizen husband play in all of this?

A ten year green card pretty much by definition, rules out visa fraud.

Not at all true!

A 10 years green card can not be revoked.

Just get the divorce and move on.

ANY Green Card can be revoked, 10 year or 2 year makes no difference. It all depends upon what evidence the Service has to demonstrate acquisition by fraudulent means.

Sooooo, what are you suggesting the OP do. He stayed married for at least two years to this woman. Just what kind of evidence do you suppose he might have, since all he mentioned was a suspicion from early in the marriage.

Just what do you have to add to the discussion? I'd like to hear it.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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If I read the original post correctly, the LPR spouse got a 10-year card upon her entry into the US on her IR1 visa.

If the OP can submit strong proof to the USCIS that the marriage was entered into fraudulently, then USCIS can revoke the 10-year green card.


08/17/08: Mailed N400 to TSC

08/19/08: USPS attempted delivery

08/20/08: TSC received N400

08/21/08: TSC cashed check

09/02/08: Received NOA...........Priority date: 08/20/08

..............................................Notice date : 08/22/08

09/02/08: Received Biometrics Notification

09/18/08: Biometrics completed - Charlotte DO

10/24/08: Received Interview Letter

12/08/08: Interview @ 1:00pm. APPROVED!

01/05/09: Oath Ceremony 10:00AM. Now officially a USC!!!

-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-

01/17/09: Applied for US Passport and passport card

01/28/09: Received US Passport

01/29/09: Received US passport card

01/29/09: Received naturalization certificate back from passport office

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Filed: Country: Canada
Timeline
If I read the original post correctly, the LPR spouse got a 10-year card upon her entry into the US on her IR1 visa.

If the OP can submit strong proof to the USCIS that the marriage was entered into fraudulently, then USCIS can revoke the 10-year green card.

I think the question is what consistutese strong proof.


* 129F filed in Nebraska in Aug 2004

* NOA1 August 3, 2004

* APPROVED NOA2 November 30, 2004 OMG :D :D :D (119 days)

* NSC forwards package to Vancouver Consulate on Dec 16, 2004

* Packet received by Vancouver Consulate on Dec 27, 2004

* Package 3 received by Smiwi on Dec 30, 2004

* Checklist returned to Vancouver Consulate on Jan 3, 2005 with requested interview date of Jan 25, 2005

* Package 4 received by Smiwi on January 11, 2005

* Interview scheduled for January 25, 2005 @ 10 am

* Visa Granted!!!! January 25, 2005

* Cross into the United States @ Niagra Falls January 26, 2005

* 2/18 MARRIED :D

* AOS finally filed April 25, 2005

* NOA1 June 1

* Biometrics July 7

* AOS interview for October 25, 2005 8:30 am!!!!!!!!!!!!! woot!

* Green card effective 10/25/2005

*I-751 filed July 27, 2007

Evidence

2 letters of attestation, our driver's licenses, bank statement, 2006 & 2005 joint tax returns, 403B and life ins beneficiary statements, car insurance, mortgage documents, credit cards (oye), health ins, airline tickets from a trip together, a variety of pictures

*I-751 Received by NSC July 30, 2007

*10 yr Green card issued without interview effective 11/28/2007

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Filed: Timeline
Sooooo, what are you suggesting the OP do. He stayed married for at least two years to this woman. Just what kind of evidence do you suppose he might have, since all he mentioned was a suspicion from early in the marriage.

Just what do you have to add to the discussion? I'd like to hear it.

Just what do I have to add to the discussion? Why? Do you think you have iot covered, pushbrk? Well, your condescension aside, I suggest the OP make his reservations/concerns known to USCIS.

A ten year green card pretty much by definition, rules out visa fraud.
And by the way, what do you know about visa (sic) marriage-fraud, and how or what could or could not rule it out?

"diaddie mermaid"

You can 'catch' me on here and on FBI.

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Filed: Other Country: China
Timeline
Sooooo, what are you suggesting the OP do. He stayed married for at least two years to this woman. Just what kind of evidence do you suppose he might have, since all he mentioned was a suspicion from early in the marriage.

Just what do you have to add to the discussion? I'd like to hear it.

Just what do I have to add to the discussion? Why? Do you think you have iot covered, pushbrk? Well, your condescension aside, I suggest the OP make his reservations/concerns known to USCIS.

A ten year green card pretty much by definition, rules out visa fraud.
And by the way, what do you know about visa (sic) marriage-fraud, and how or what could or could not rule it out?

Please keep it civil. It's just a question. You don't get a ten year green card without convincing an officer in authority that the marriage is valid. This rules out fraud. I expect certain information coming to light later could be grounds for revoking the green card and deportation but it would take a heck of a lot more than the USC having some suspicions upon entry. Simply leaving a couple weeks later wouldn't be enough. I'm not sure what evidence would in the avenue of visa or marriage "fraud", hence the question. Any examples come to mind that might work? Again, it's just a question. They passed an interview for an IR1 visa. What in the way of fraud, do you have in mind that would reverse that?


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Filed: Timeline
Sooooo, what are you suggesting the OP do. He stayed married for at least two years to this woman. Just what kind of evidence do you suppose he might have, since all he mentioned was a suspicion from early in the marriage.

Just what do you have to add to the discussion? I'd like to hear it.

Just what do I have to add to the discussion? Why? Do you think you have iot covered, pushbrk? Well, your condescension aside, I suggest the OP make his reservations/concerns known to USCIS.

A ten year green card pretty much by definition, rules out visa fraud.
And by the way, what do you know about visa (sic) marriage-fraud, and how or what could or could not rule it out?

Please keep it civil. It's just a question. You don't get a ten year green card without convincing an officer in authority that the marriage is valid. This rules out fraud. I expect certain information coming to light later could be grounds for revoking the green card and deportation but it would take a heck of a lot more than the USC having some suspicions upon entry. Simply leaving a couple weeks later wouldn't be enough. I'm not sure what evidence would in the avenue of visa or marriage "fraud", hence the question. Any examples come to mind that might work? Again, it's just a question. They passed an interview for an IR1 visa. What in the way of fraud, do you have in mind that would reverse that?

I am being civil, but your comment came off as condescending. That aside, when an alien applies for immigrant visa, after having been married for more than 2 years, he or she acquires PR without conditions and a 10-year green card is awarded. Convincing an officer in authority that the marriage is valid does not preclude the marriage having been entered into by an alien for immigrant benefit alone.

Yes, written evidence that the alien coerced the USC into marriage, or had an agenda would be very compelling evidence. Testimony from other parties that an alien admitted that the marriage was not bona fide would also be compelling. There are other forms of evidence that could indicate that the aliens intentions were not legitimate too!

It is quite possible that the couple could pass the scrutiny of an interview, especially if the USC is not wise to the alien's plan.


"diaddie mermaid"

You can 'catch' me on here and on FBI.

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If conditions have been lifted there is nothing you can do my friend.

Not at all true!

If the original intentions of the spouse, who has already been granted the "unconditional" Permanent Residence for 10 years, is immediately suspect upon arrival in the US, and within 2 1/2 weeks has gone to live somewhere else, how can she have her Visa removed: only if it is proven to have been fraudulently obtained from the beginning upon entering into a marriage, or by divorcing her, by a combination of these things, and/or by some other means? (We're talking about New Jersey here.)

She also does not state her present whereabouts or address. At this point, since she is not living with her spouse, can she lbe liable for not having reported an address change? What role does of Affidavit Support by the US-citizen husband play in all of this?

A ten year green card pretty much by definition, rules out visa fraud.

Not at all true!

A 10 years green card can not be revoked.

Just get the divorce and move on.

ANY Green Card can be revoked, 10 year or 2 year makes no difference. It all depends upon what evidence the Service has to demonstrate acquisition by fraudulent means.

Sooooo, what are you suggesting the OP do. He stayed married for at least two years to this woman. Just what kind of evidence do you suppose he might have, since all he mentioned was a suspicion from early in the marriage.

Just what do you have to add to the discussion? I'd like to hear it.

pushbrk - I read this almost as if DM did not have time at the moment to expound on her posts, but wanted to put a bug in the ear of the OP that giving up isn't the only thing he can do. The fact that DM always provides very concise and researched responses should have allowed her such time to give a detailed response without members asking her condescendingly if she has a point.

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Filed: Other Country: China
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If conditions have been lifted there is nothing you can do my friend.

Not at all true!

If the original intentions of the spouse, who has already been granted the "unconditional" Permanent Residence for 10 years, is immediately suspect upon arrival in the US, and within 2 1/2 weeks has gone to live somewhere else, how can she have her Visa removed: only if it is proven to have been fraudulently obtained from the beginning upon entering into a marriage, or by divorcing her, by a combination of these things, and/or by some other means? (We're talking about New Jersey here.)

She also does not state her present whereabouts or address. At this point, since she is not living with her spouse, can she lbe liable for not having reported an address change? What role does of Affidavit Support by the US-citizen husband play in all of this?

A ten year green card pretty much by definition, rules out visa fraud.

Not at all true!

A 10 years green card can not be revoked.

Just get the divorce and move on.

ANY Green Card can be revoked, 10 year or 2 year makes no difference. It all depends upon what evidence the Service has to demonstrate acquisition by fraudulent means.

Sooooo, what are you suggesting the OP do. He stayed married for at least two years to this woman. Just what kind of evidence do you suppose he might have, since all he mentioned was a suspicion from early in the marriage.

Just what do you have to add to the discussion? I'd like to hear it.

pushbrk - I read this almost as if DM did not have time at the moment to expound on her posts, but wanted to put a bug in the ear of the OP that giving up isn't the only thing he can do. The fact that DM always provides very concise and researched responses should have allowed her such time to give a detailed response without members asking her condescendingly if she has a point.

I asked a question. She need not feel rushed to answer. It's a legitimate question. Often condescension is in the mind of the beholder.

If I'm the OP who hears "There might be something you can do...." regardless of the subject I'm going to be on the edge of my seat waiting for the rest of the story. Maybe that's just me but I don't think so.

We're discussing the potential of revoking a green card for fraud, specifically, not the myriad of other possible reasons for revocation.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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