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Morgan

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

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Filed: IR-1/CR-1 Visa Country: Mexico
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Fact of the matter is that they are no longer together. As she has already got the 10 yr card there is nothing that can or will be done. I noticed in a previous post something about her needing to adjust. she doesn't have to. the card is unconditional. Chances are she has already notified the goverment of her where abouts and that information is not available to the spouse or his attorney. the big question is why she left? Before we all assume it is fraud let me tell you about my brother in law. He had a nice young lady from the philipines that he was married to when he was in the service. They were apart for 3yrs when the paperwork finally came through. (seeing each other several times a year). She came to the U S 2yrs ago and within 3 wks they were seperated and divorce was filed by her. he went to the local uscis office and reported marriage fraud. Was told in no uncertain terms that the minute the I-130 was approved the marriage was deemed valid. he submitted additional info and was told again the same thing. Seems that there is precidence in a court case and the service was not about to get involved. turns out later that my brother in law was a jerk and expected her to be a servant/slave to him. it cost him $4700.00 trying to get her card taken away.All to no avail. best thing to do is cut your losses and move on.

05/27/06 / Marriage

07/17/07 / I-130 sent

07/19/07 / NOA1

12/11/07 / NOA2

12/27/07 / NVC

01/14/08 / DS-3032 and AOS bill generated

01/15/08 / E-mailed DS-3032

01/16/08 / DS-3032 accepted and entered

01/18/08 / AOS payment sent

02/02/08 / I-864 received

02/04/08 / I-864 sent

02/07/08 / IV Bill received

02/07/08 / IV bill sent

03/02/08 / DS-230 sent

03/14/08 / CASE COMPLETE

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There are always two sides to every story. A lot of people are so quick to throw the term "fraud" around. It is a serious allegation, in any context.

Lifting Conditions

01/19/2010 - Mailed I-751 Packet

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Filed: IR-1/CR-1 Visa Country: Ecuador
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RESOLUTION OF MY THREAD TOPIC ABOUT MARRIAGE FRAUD:

Recently in an interview at Immigration, the matter was explained -all put in writing. They say her present employer will be informed by Immigration within 30 days (when he makes her Social Security payment from wherever he is) that her Residency has been retracted and a warrant for her deportation has been served! The matter will be completely taken care of within 90 days. It was all rather cut and dry, since she disappeared almost immediately upon arrival. What they do upon arrival in the US is taken into consideration and not the two years beforehand. The Affidavit of Support is also void.

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

RESOLUTION OF MY THREAD TOPIC ABOUT MARRIAGE FRAUD:

Recently in an interview at Immigration, the matter was explained -all put in writing. They say her present employer will be informed by Immigration within 30 days (when he makes her Social Security payment from wherever he is) that her Residency has been retracted and a warrant for her deportation has been served! The matter will be completely taken care of within 90 days. It was all rather cut and dry, since she disappeared almost immediately upon arrival. What they do upon arrival in the US is taken into consideration and not the two years beforehand. The Affidavit of Support is also void.

If you would like to know what cirumstancial evidence was submitted, just ask.

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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?

RESOLUTION OF MY THREAD TOPIC ABOUT MARRIAGE FRAUD:

Recently in an interview at Immigration, the matter was explained -all put in writing. They say her present employer will be informed by Immigration within 30 days (when he makes her Social Security payment from wherever he is) that her Residency has been retracted and a warrant for her deportation has been served! The matter will be completely taken care of within 90 days. It was all rather cut and dry, since she disappeared almost immediately upon arrival. What they do upon arrival in the US is taken into consideration and not the two years beforehand. The Affidavit of Support is also void.

If you would like to know what cirumstancial evidence was submitted, just ask.

Yes, please, if you don't mind. It would be helpful to know.

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
RESOLUTION OF MY THREAD TOPIC ABOUT MARRIAGE FRAUD:

Recently in an interview at Immigration, the matter was explained -all put in writing. They say her present employer will be informed by Immigration within 30 days (when he makes her Social Security payment from wherever he is) that her Residency has been retracted and a warrant for her deportation has been served! The matter will be completely taken care of within 90 days. It was all rather cut and dry, since she disappeared almost immediately upon arrival. What they do upon arrival in the US is taken into consideration and not the two years beforehand. The Affidavit of Support is also void.

Morgan,

Well, first, I'm glad you gained some resolution and can begin the healing process knowing that her immigration fate is now in USCIS' hands.

Secondly, I'm glad your experience will place all other speculation as to any purported futility of USC\s' requests for USCIS to consider their concerns, at rest. Frankly, it's disconcerting to witness people that haven't any experience in these matters refuting the information of those who have and that is offered as guidance.

Edited by diadromous mermaid

"diaddie mermaid"

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

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Filed: Country: Philippines
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RESOLUTION OF MY THREAD TOPIC ABOUT MARRIAGE FRAUD:

Recently in an interview at Immigration, the matter was explained -all put in writing. They say her present employer will be informed by Immigration within 30 days (when he makes her Social Security payment from wherever he is) that her Residency has been retracted and a warrant for her deportation has been served! The matter will be completely taken care of within 90 days. It was all rather cut and dry, since she disappeared almost immediately upon arrival. What they do upon arrival in the US is taken into consideration and not the two years beforehand. The Affidavit of Support is also void.

To whom was the deportation warrant served? Has your wife already been issued a social security card? Your timeline doesn't show any dates of arrival.

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Filed: IR-1/CR-1 Visa Country: Ecuador
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THIS IS WHAT WAS HANDED IN TO THE IMMIGRATION OFFICER IN THE INTERVIEW (FOR WHAT IT IS WORTH). EVERY CIRCUMSTANCE AND EVERY PLACE IS DIFFERENT, AND SOME PEOPLE ON THIS FORUM CAN NOW ANALYZE THE MERITS AND WEAKNESSES OF THIS ALL THEY WANT TO, BUT, IN THIS CASE AND AT THIS TIME, IT SEEMS TO HAVE GOTTEN THE DESIRED RESULTS. NONETHELESS, I THANK PEOPLE FOR HAVING RESPONDED WITH THEIR PARTICULAR VIEWPOINTS CONCERNING THIS TYPE OF SITUATION, -ESPECIALLY IF THEY DID SO WITH THE INTENTION OF TRYING TO BE OF SOME HELP.

Re: (USC's name)

(Foreign spouse's name) SS No. :_ _ _ -_ _ - _ _ _ _

•In (date), X and I met while I was living in ____.

•In (date), I came to the US to ___ in ______ (place).

•In (date), I returned to (country).

•In (date), X and I connected with each other again and started a relationship.

•On (date), we were married in a civil ceremony.

•On (date), we were married in a religious ceremony.

oImmediately following the religious ceremony she started acting indifferently towards me. I assumed that this was because we had financial difficulties. She insisted that I come to the US to get her Residency papers as soon as possible, even though I wanted us to spend more time together as a married couple and had no intentions of leaving (country) for a while. I was enrolled to go to the university in (country), but she insisted on my going to the US since I am a US citizen so that we could have a better life together.

•In (date) after only a few months spent together, I came to live in the US to work in order to be able to do the Affidavit of Support that we would need for her to get her Residency.

o For the two years, I remained in the United States working, while X was in (country) During these two years I was not able to visit her because my job did not allow me to have vacation time and I could not afford to lose the job, in order to comply with the Affidavit of support requirements.

o We communicated by telephone and e-mail as I awaited her arrival. I started to notice her questionable behavior, but dismissed it as her missing me and wanting to be with her friends. There were many instances when I called late at night and she was not at home where she lived with my mother in (city, country). She would come home very late from unknown places. Often, her own parents did not know where she was either. She always said that she was out with friends.

o I later found out that she was doing accounting work in a house of ill repute. We discussed the situation extensively and she finally left the job after much protest.

• On (date), X arrived, after two years of my anxiously awaiting her arrival, often going into bouts of depression, because of the love I feel for her. It took me two years of hard work to get her Residency papers, but, when she arrived, instead of showing me that she loved me, her attitude toward me was impersonal, off-standish and progressively more aggressive as I tried to get closer to her. Below are some of the incidents that demonstrate her behavioral pattern.

o As soon as she arrived (within the first week) in the US with her Resident Visa, she started mentally harassing me by saying to me (and to other people) that I should be "detached from her", and that I "had to be prepared to be separated from her", as she planted doubts that our marriage was going to work.

o She also belittled my intelligence, and insulted me as a person, accusing me of being crazy and a child. She also didn't seem to appreciate all that I had to sacrifice for her, per her biding!

o She avoided having sexual contact with me as her husband, giving all kinds of excuses about feminine problems. When I offered to take her to the doctor, she also made excuses.

o She also slept in the twin size guest bed, because she did not feel comfortable in our full size bed.

o My family invited us to spend Thanksgiving with them. X did not want to go, instead choosing to work extra hours that day, even though she had been given the day off. She was always talking about making money, because she felt that she needed to have her own money to better her life. I came home to find out that she had gone to a friend’s house to live.

o Her friends would call our home late at night (1:00am - 4:00am). When I told her not to receive calls from these people that late. Instead of being understanding about the fact that I had to be at work at 6:00am, she would get upset and angry with me, and talked long hours anyway. Her excuse was that they were drunk and always wanted to talk with her, both her friend and a man. She would be friendly to them, but was always uncaring with me.

o I confronted her about the phone calls mostly being from a man and asked her to tell me the truth. She told me that, since people were teasing her about being in love with a young man named Y from (place). She then said that she and Y should have sexual relations just to get it over with! Even then I still devoted myself to her, because I love her.

• In late (date) she said that she was going to spend the weekend with a friend. Instead, she abandoned our home within just two and a half weeks of her arrival in the US, returning for all of her things a few days later.

o She didn't tell me where she was going, and I still don't know her address or whereabouts to this date, more than 5 weeks later! She hasn't reported any change of address.

o When she came for her bag, I told her that if she left again I would get a divorce. Her response was, “If that is what you want, -but what will happen to my Resident papers?”

o She called me a few days later saying that she only wanted to be friends. She asked if we could live together as roommates, instead of as a married couple. I didn't accept just being friends, because my intention was to marry her because I wanted to live with her in Holy Matrimony.

o After I refused her attempts to live with me as a roommate, people from (country) somehow got my number (probably from her) and started making harassing telephone calls to me.

o A friend of hers, who found out that we had separated, even called to tell me about the affair she was having, and that she had taken the money I sent her to buy fraudulent paperwork for her lover to go to Italy. Her goal was to get her Residency, work for a little, and then get a visa from here to go to (country) to be with him, until she could bring him to the US. The friend who called me said that she did not tell me this before because she did not want me to think that she was jealous of my relationship or that she wanted to hurt me, but since the relationship was over, she felt I deserved to know.

o X also made over 80 calls to me, harassing me, even going as far as to threaten me with calling the police to say that I was emotionally abusing her.

• On (date) I found her in our apartment after a month of being away, and I got scared, because I had changed the locks, and didn't know what she was going to do, (maybe accuse me of abusing her, or showing affection to get a photo of us together), so I left the apartment right away, but she followed me to my car, insisting.

o As I drove away, she shouted at me and threatened to call the police on me if I left, saying that she would tell them I was abusing her.

o I drove to So-and-so's house to get her help with this situation. I had previously told her what was happening and she had advised me to avoid being in her presence without witnesses because of the threats she had made against me.

o X called me to say that she was locked out and could not get back in the apartment. I told her to get back in the way she did the first time. She said that the landlord had let her in, which was a lie. (My landlord saw that the fire escape was down to the ground from my third-floor apartment window. He called all of the tenants to see if one of the tenants had pulled it down. When we all said we hadn’t, he went into my apartment to see if someone had broken in. He saw X was in the apartment and asked where I was, since he knew we were having problems. She told him that I would be home from work soon. He thought that we had reconciled and did not think anything was awry.) He is willing to make a statement to confirm the fact that he didn’t let her in.

o So-and-so accompanied me to my apartment in her car and stayed with me for the duration of the time X was there. X , seeing that So-and-so was there, only said that she was very upset with the way I had left and stormed out. She then told So-and-so that she hated me and it was her bad luck that she had married a child and never wanted to see me again. (So-and-so will attest to this.)

o So-and-so drove her to the bus stop.

o Upon So-and-so returning to our apartment to take me to her house to get my car, the police came. Someone with a (language) accent had called the police about abuse. After questioning me, the police said I had done well, had acted with calm, and that I should try to avoid her, as I was already doing.

o So-and-so then told me to spend the night with her family, because she did not believe that X had really gotten on the bus, and was afraid of what she would do, if she came back. I packed a bag and on the way to So-and-so’s house. X called me to say that she was in front of my house and needed to get the rest of her things, confirming So-and-so’s’s suspicion that she had not really left on the bus!

• X even went so far as to call my parents to complain about me, but when she realized that they no longer believed her, she wrote my mother a nasty email. She stated that she didn't want to have anything to do with Americans, that she was the victim in this case and she was simply going to disappear from sight! (see attached email). I then came to find out that my parents had sent her money to pay all her bills in (country) at a house they are renting out, but rather than using all the money earmarked for this, we have discovered that she did not paid it off: $_ _ _ remaining.

After all of this, I realized that she seemed to have only been concerned about using me to get her US Residency, because she never acted as a wife in marriage in the short time I was actually with her. Everything became apparent as soon as she got her Social Security card and focused on working to get her own money and did not want to spend time with my family or me. I tried to ignore the signs, but her behavior continued and it came to climax when she left after only a month. I really hate to say this, because I love her, but I think this is a clear case of her marrying me fraudulently to get her Resident Card. Because when I offered to go back to (country) to make our marriage work, she refused saying that she did not want to go back there, and she was just fine here in the US. Unfortunately, I don't feel that I can trust her and that she is causing me mental torment because of what she has done to me. I have already started divorce proceedings

I attest that all of the information provided above is true and I am bringing this to the attention of the Immigration Services, because X is under my Affidavit of Support and I would like her removed. I can no longer be responsible for someone who has acted fraudulently.

_____________

(signed)

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Filed: IR-1/CR-1 Visa Country: Ecuador
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To whom was the deportation warrant served? Has your wife already been issued a social security card? Your timeline doesn't show any dates of arrival.

Answer:

The warrant will probably be served to her through her employer. Yes, she was issued both SS Card and Permanent Residency ("Green Card" for 10 years without 2-yr. condition, since the marriage took place over 2 yrs. ago). She arrived recently.

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Filed: K-1 Visa Country: Wales
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Wouldn't an IJ have to be involved?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: IR-1/CR-1 Visa Country: Mexico
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Sorry to hear this happened to you . seems as though you have reason to be angry. be aware though that it is not cut and dried and is not definately over. as she was issued the 10yr card she has the same rights as you do in regards to due process. It does not matter if she was here 1 day or a thousand . the fact remains that she has the card now. uscis will definataly not take her card away until she has a chance to tell her side of it . (courts are backed up 3 yrs or more in my district ) being that fraud has been charged it is taken from a simple uscis decision to a criminal matter . the privacy act of 1971 assures that her employer can not be made aware of any circumstances regarding her immigration status until it goes to court. who ever told you this is wrong. check case law and you will find hundreds of cases just like yours. it is unfortunate you had to go through this . it might have been better to just let it go because now they will investigate both sides and sometimes things come out that were not intended. make sure you have a lot more documentation than just a letter from you (phone records/copies of e-mails/any correspondence from your parents and her about the intent of money sent and copies of unpaid bills the money was sent for. affidavits from friends she talked to ect. the burden of proof is on you . the agent in charge should have told you all this at the time you talked to him but sometimes people don't know the right things to say . hope you can get closure and move on . don't let this consume you as it has so many others.

05/27/06 / Marriage

07/17/07 / I-130 sent

07/19/07 / NOA1

12/11/07 / NOA2

12/27/07 / NVC

01/14/08 / DS-3032 and AOS bill generated

01/15/08 / E-mailed DS-3032

01/16/08 / DS-3032 accepted and entered

01/18/08 / AOS payment sent

02/02/08 / I-864 received

02/04/08 / I-864 sent

02/07/08 / IV Bill received

02/07/08 / IV bill sent

03/02/08 / DS-230 sent

03/14/08 / CASE COMPLETE

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Filed: Timeline
Wouldn't an IJ have to be involved?

Not yet. Why? The Service is simply honouring Morgan's withdrawal of endorsement/Affidavit of Support. She'll receive notification that she has no sponsor, and then she'll be issued an NTA.

"diaddie mermaid"

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

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Filed: Timeline
Sorry to hear this happened to you . seems as though you have reason to be angry. be aware though that it is not cut and dried and is not definately over. as she was issued the 10yr card she has the same rights as you do in regards to due process. It does not matter if she was here 1 day or a thousand . the fact remains that she has the card now. uscis will definataly not take her card away until she has a chance to tell her side of it . (courts are backed up 3 yrs or more in my district ) being that fraud has been charged it is taken from a simple uscis decision to a criminal matter . the privacy act of 1971 assures that her employer can not be made aware of any circumstances regarding her immigration status until it goes to court. who ever told you this is wrong. check case law and you will find hundreds of cases just like yours. it is unfortunate you had to go through this . it might have been better to just let it go because now they will investigate both sides and sometimes things come out that were not intended. make sure you have a lot more documentation than just a letter from you (phone records/copies of e-mails/any correspondence from your parents and her about the intent of money sent and copies of unpaid bills the money was sent for. affidavits from friends she talked to ect. the burden of proof is on you . the agent in charge should have told you all this at the time you talked to him but sometimes people don't know the right things to say . hope you can get closure and move on . don't let this consume you as it has so many others.

What could come out? Not true about the rights. The alien will have an opportunity to appeal and decision made by the Service in front of the IJ. Those are the alien's rights. In this case the Service believes the USC has been used. I agree.

"diaddie mermaid"

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

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Filed: Other Country: China
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Sorry to hear this happened to you . seems as though you have reason to be angry. be aware though that it is not cut and dried and is not definately over. as she was issued the 10yr card she has the same rights as you do in regards to due process. It does not matter if she was here 1 day or a thousand . the fact remains that she has the card now. uscis will definataly not take her card away until she has a chance to tell her side of it . (courts are backed up 3 yrs or more in my district ) being that fraud has been charged it is taken from a simple uscis decision to a criminal matter . the privacy act of 1971 assures that her employer can not be made aware of any circumstances regarding her immigration status until it goes to court. who ever told you this is wrong. check case law and you will find hundreds of cases just like yours. it is unfortunate you had to go through this . it might have been better to just let it go because now they will investigate both sides and sometimes things come out that were not intended. make sure you have a lot more documentation than just a letter from you (phone records/copies of e-mails/any correspondence from your parents and her about the intent of money sent and copies of unpaid bills the money was sent for. affidavits from friends she talked to ect. the burden of proof is on you . the agent in charge should have told you all this at the time you talked to him but sometimes people don't know the right things to say . hope you can get closure and move on . don't let this consume you as it has so many others.

Yes, it sounds to me like you have compelling enough evidence for the service to begin deportation action but a judge will eventually decide the outcome. Thank you for providing the details. It looks to me like far more than a simple suspicion. It might even be enough for a judge to agree.

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: K-1 Visa Country: Wales
Timeline
Wouldn't an IJ have to be involved?

Not yet. Why? The Service is simply honouring Morgan's withdrawal of endorsement/Affidavit of Support. She'll receive notification that she has no sponsor, and then she'll be issued an NTA.

that her Residency has been retracted and a warrant for her deportation has been served!

Which can only be done by an IJ.

And should an IJ so decide, and all he appeals pocess's have gone through, then the Affadavit would be nulified.

As described, the OP's description does not sound right.

Early days, very early days by the sound of it.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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