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

[pushbrk 12,104]

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that her Residency has been retracted and a warrant for her deportation has been served!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

My take is that the OP is either selectively hearing or making what a some might call "forward looking" statements but I also think he's been used.

[mtracksport 0]

[ hate to get in discussions like this but until a immigration judge/ not the service determines there has been fraud , nothing will be done. the service can only recommend a course of action. as far as rights you need to read the law . she has the rights to due process and no one can take that away.. she probably did have an agenda to use him to get the card but he helped her get it . it takes two people not one to convince the service that the marriage is valid. (playing the devils advocate for a minute ) we have had 3 cases in the last 10 yrs of couples getting together to get g.c for one or the other with no intention of staying married. when the process began they were complete strangers, together just for the card for one of them (money had changed hands but could not be proven ). as time went on the husband fell in love with the woman and wanted to continue as husband and wife. when the wife said no the husband then threatened to take her card away .all 3 charged fraud in all 3 cases the I J ruled that the marriage was valid at the time of entry because they had already been married over 2 yrs . all three parties prevailed and retained their cards. he sited case law and basically told them that peoples feelings can change once they live together and that is one of the dangers of marrying someone from another country.. the 2 yr card is supposed to try to eliminate this happening. but it doesn't always work that way. in another case ,after the husband had left his wife of only 2 months he began bragging about how he got his card. she claimed fraud and went the whole process with another attorney (8200.00 worth including G.C. process ) all to no avail. in the end she was basically told that she should do a better job next time choosing a husband. to go with her head and not her heart. ( hard to do most of the time ) the husband was finally deported later for not being truthful on the I-130. seems he had entered illegally several times before and had 2 children with 2 different women. one of them became aware of the court results and filed for child support. thus ending his trip.

[diadromous mermaid 36]

[ hate to get in discussions like this but until a immigration judge/ not the service determines there has been fraud , nothing will be done. the service can only recommend a course of action. as far as rights you need to read the law . she has the rights to due process and no one can take that away.. she probably did have an agenda to use him to get the card but he helped her get it . it takes two people not one to convince the service that the marriage is valid. (playing the devils advocate for a minute ) we have had 3 cases in the last 10 yrs of couples getting together to get g.c for one or the other with no intention of staying married. when the process began they were complete strangers, together just for the card for one of them (money had changed hands but could not be proven ). as time went on the husband fell in love with the woman and wanted to continue as husband and wife. when the wife said no the husband then threatened to take her card away .all 3 charged fraud in all 3 cases the I J ruled that the marriage was valid at the time of entry because they had already been married over 2 yrs . all three parties prevailed and retained their cards. he sited case law and basically told them that peoples feelings can change once they live together and that is one of the dangers of marrying someone from another country.. the 2 yr card is supposed to try to eliminate this happening. but it doesn't always work that way. in another case ,after the husband had left his wife of only 2 months he began bragging about how he got his card. she claimed fraud and went the whole process with another attorney (8200.00 worth including G.C. process ) all to no avail. in the end she was basically told that she should do a better job next time choosing a husband. to go with her head and not her heart. ( hard to do most of the time ) the husband was finally deported later for not being truthful on the I-130. seems he had entered illegally several times before and had 2 children with 2 different women. one of them became aware of the court results and filed for child support. thus ending his trip.

I'm very familiar with the law, thank you and with how fraud investigations are handled and also the the difference between fraud that is conspired, and unilateral fraud. Anyway, without a sponsor, (the retraction of the I-130 and accompaniements which the USC can make if fraud is alleged) the alien has no basis for status.

[Boiler 43,425]

In this case it appears the I 130 has been adjudicated, and the affadavit is in force.

It will be interesting to see what happens, just going by what has been posted, probably nothing.

I believe an IJ will need a lot more.

[pushbrk 12,104]

In this case it appears the I 130 has been adjudicated, and the affadavit is in force.

It will be interesting to see what happens, just going by what has been posted, probably nothing.

I believe an IJ will need a lot more.

I'd like to see any reference to how one can successfully withdraw an I-864 after the unconditional LPR status is already in effect, outside of it being rendered moot by a judge's ruling.

I suspect there's a big "IF" that either USCIS left out of their explanation or the OP doesn't recall, as in IF an immigration judge upholds our recommendation.

Edited January 7, 2008 by pushbrk

[Boiler 43,425]

If it was that easy it would be a sticky.

[diadromous mermaid 36]

In this case it appears the I 130 has been adjudicated, and the affadavit is in force.

It will be interesting to see what happens, just going by what has been posted, probably nothing.

I believe an IJ will need a lot more.

I'd like to see any reference to how one can successfully withdraw an I-864 after the unconditional LPR status is already in effect, outside of it being rendered moot by a judge's ruling.

I suspect there's a big "IF" that either USCIS left out of their explanation or the OP doesn't recall, as in IF an immigration judge upholds our recommendation.

A couple of small details.... Only an IJ has the power to remove an alien, but the Service, aka USCIS, can institute removal proceedings. Why is it important to note? Because for the average alien that has engaged in fraudulent activities to deceive an innocent USC into marriage for all the wrong reasons (per the INA) those removal proceedings might be enough to cause the alien to leave or certainly to lose the security that having a USC spouse was planned to derive. Of course, if the alien believes he or she has sufficient bonafides to demonstrate that his or her intent upon entering the marriage was genuine, then chances are the alien will appeal the Service's decision to institute removal proceedings, before the IJ to try to change the outcome.

[Boiler 43,425]

I do not believe instigating removal proceedings, if that is what has happened, gets you out of the Affadvit.

If she leaves and abandons her residency, then that would of course solve the OP's position, if we go by what has ben posted, not sure how likely that is.

Still a hard case to prove, assuming she has compotent representation.

[diadromous mermaid 36]

I do not believe instigating removal proceedings, if that is what has happened, gets you out of the Affadvit.

If she leaves and abandons her residency, then that would of course solve the OP's position, if we go by what has ben posted, not sure how likely that is.

Still a hard case to prove, assuming she has compotent representation.

No. Successful withdrawal of the I-130 gets the USC out of the Affidavit of Support. And that is done by alleging (and accompanying that allegation with sufficient evidence to support the allegation) that the alien had ulterior motives when entering the marriage.

[mtracksport 0]

Goes back to what was said before. uscis will not institute proceedings for removal on the basis of a letter such as we have seen above without overwhelming evidence. the burden of proof is on the USC. just because his version is seen one way , her version might be seen another way. there are always 2 sides to every dispute. the reason it is so hard to get anything changed is keep control of situations where a person might try to use the threat of removal to keep spouse under control in some situations. anyway it is up to the courts to decide. we can go on forever but it is still a case of He Said / She Said

[rebeccajo 14]

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http://w3.uchastings.edu/boswell_01/PDF/8usc1227.pdf

[Alt name 1]

Good god.

I did and do suggest to the OP to cut losses and prepare to defend for possible future demands.

I watch illegal immigration every day. Do you actually think after this CIS has the energy or will to take an action against this person? I suspect they do not.

Suggesting otherwise is nearing drivel.

[Morgan 0]

Yes, I understand that the Judge is the one to make the final decision. I believe the evidence is high against her. She has the right to appeal, but that does not mean she will do so, nor that she'd win the case. (She may not even show up in court.) One of the most important things here is the removal of the Affidavit of Support.

[diadromous mermaid 36]

Do you actually think after this CIS has the energy or will to take an action against this person? I suspect they do not.

Suggesting otherwise is nearing drivel.

I take great exception to this comment, D&N. Drivel? How can you say such a thing? You suspect CIS doesn't have the energy or will to take action. I know otherwise! Please do NOT speculate!!!!!!!!!!!!

[pushbrk 12,104]

Do you actually think after this CIS has the energy or will to take an action against this person? I suspect they do not.

Suggesting otherwise is nearing drivel.

I take great exception to this comment, D&N. Drivel? How can you say such a thing? You suspect CIS doesn't have the energy or will to take action. I know otherwise! Please do NOT speculate!!!!!!!!!!!!

There are a couple dynamics going on here that tend to make discussion futile. With the rare notable exception, people are giving their opinion without example or much explanation. I would submit that it adds nothing of value to the discussion to assert that one person is speculating and the other "knows". Until the instant case has actual action or result, nobody "knows" and EVERYBODY is "speculating". What varies is the amount of knowledge upon which they base their speculation. I doubt any of us is completely familiar with the knowledge base of the other posters involved, so to assume what they do or don't know, is IMO, foolish.

Essencially, this discussion has boiled down to some people saying "maybe" and others saying "probably not". It's wise to realize both can be concurrently true. A side point has been about whether any actions that may be initiated by USCIS will result in actual loss of LPR status and deportation. Several examples supporting the probably not, on that both points have been given but I don't recall seeing any examples supporting the "maybe" or "probably" side yet. It makes me think the "probably" side is aware of either no examples or only one case about which they don't care to share details. So be it but "I know and you don't." won't get us anywhere as an unsupported statement.

Edited January 8, 2008 by pushbrk