Immigrant wife entered marriage in bad faith-2

timetotakeaction · August 29, 2012

Well, since I am not able to add updates to my original post-----

I added this new topic

I have made an appointment using INFOPass, and will go in a couple of days.

timetotakeaction, on 27 August 2012 - 09:18 PM, said:I see a very likely scenario where once I meet with ICE/USCIS, provide the evidence, show her the piles of fraud evidence submitted, and make it clear that I am not going to support her petition to remove conditions, she will not take on trying to file alone. She fears confrontation regarding any wrongdoing on her part, and she is not a persistent and optimistic person. She always believes the worst case scenario is what she will be faced with, and lacks confidence in herself. I know things could go much different than I am hoping, however I think an offer to pay for her flight home, and an offer to provide temporary support, on condition he returns, will be a feasible outcome.
But I am not naive----I will protect myself from possible VAWA claims as much as possible, and assume she will pursue ROC regardless.

I am just looking for ideas that will limit her options, and ideas to convince her that returning home is her best option.

Seems like you've got it all figured out. What do you need our opinions for?

Just commenting on the scenario I am hoping for.. I am in need of opinions to get ideas, reinforce my beliefs that have validity (and learn what beliefs have no validity), and to hear the experiences of others, some of which may have been successful. I have very little figured out, but want to hedge my position, and make the best choices going forward.

I cannot imagine after learning that the chat logs, facebook printouts, and other evidence of fraudulent intent, have been turned in and placed in her file, that she could possibly think filing for ROC is still an option. Any stories, accusations, or excuses cannot really refute actual proof and documentation.

But only time will tell.

I opened this new registration to keep my true identity hidden, but I am not new to VJ. It is almost time for my LPR wife to apply for ROC. I have decided I would like to do what I can to prevent her ROC approved, as I discovered that she married me for fraudulent reasons, and have quite substantial proof of this. We met online in 2010, and things went very well, and I visited her after a few months in her native Philippines. It seemed like everything was great, and upon returning to the USA and spending more time chatting, I decided to file a 129f petition., and everything went through without a hitch. She arrived in the USA in Sept 2010, and we married in Oct 2010. After a few months, I discovered a secret Facebook profile she had opened. I discovered photos she posted of a boyfriend from her native country. The first photo, with them sitting next to each other, cheek to cheek, has the phrase "My one true love forever and ever," This photo was posted by her the same day of our marriage. There are other numerous photos such as this, posted from our wedding day to a couple of months later, when I discovered them. Her alias profile uses a fake first name for her, and the boyfriends last name. There are also numerous comments by both of them stating how much they love and miss each other, written in mostly their native language. At one point they joke about her having a husband as they share words of love. This discovery made me look deeper, and I was able to recover yahoo chat logs as well, and had them translated. Those begin the day she arrived here in the USA, and continue to our wedding date, and beyond. These also include love expressions----jokes about me as the husband, and even a cybersex episode between them. She also states, in a chat the day after we were married, that she cannot wait to get back in his arms again. Additional chat sessions with her family are also incriminating against her, as she expresses just wanting to leave, and her family reassuring her to wait 2 or 3 years to get permanent status, so she can no longer have to remain with me. I have all this printed out, stored away safely where she cannot access it. Now, I wanted to see if things would work out, and I now see they did not, and will not. She has no idea of my intent to try to stop her ROC from going forward, and I intent to keep that hidden as long as possible. We are still married, and will be when the ROC is to be filed. In fact, for now I have no plans to initiate separation or divorce. Rather, my thought is to submit my proof of the marriage not being entered in good faith (fraudulent) to the proper entities before the 90 day window opens, and refuse to file a joint petition for removal of conditions after she is allowed to file. My understanding is that if I am not co-filing, she must submit a divorce decree by the end of the Temporary Green Card Expiration. She will not have such a decree, as no divorce will be filed. The other way to apply would be to claim a VAWA case, and I would hope my ample evidence of her fraudulent intent in marrying me would prevent such a claim from being successful, and with her file being tagged with the evidence, an abuse claim would be read as a desperate attempt on her part. We have had no abusive situations, and I am not one that could be provoked to that level. I do love my wife, but see that she does not have any love for me. I do not want to be on the hook for potential 864 support, sharing of assets that were never earned by her, and knowing she has obtained permanent status through me. The question is, is the evidence I have of marital fraud the kind that ICE and USCIS will also recognize as such? And am I likely to prevail in forcing her departure from the USA for Visa fraud. My understanding is the threshold applied is, at the actual time of the marriage, was it entered in good faith. Clearly I think I can show it was not. The input of the VJ members is appreciated.

Darnell · August 29, 2012

I stand by my original post, way back in post #2 from your prior topic.

Heed That, to the letter? You'll know what to do. I was brief and concise, without opinion.

X Factor · August 29, 2012

Seems like this thread will have a short shelf life and will be close soon :devil:

Boiler · August 29, 2012

Let us know what happens.

timetotakeaction · August 29, 2012

Seems like this thread will have a short shelf life and will be close soon

If it needs to be closed, fine----I just wanted to update and respond to a comment. I guess for future updates I can start a new topic with a different title. Did not intend to cause a violation or problem---.I will keep updating as developments happen.

I stand by my original post, way back in post #2 from your prior topic. Heed That, to the letter? You'll know what to do. I was brief and concise, without opinion.

Your advice was taken and appreciated. I thank you for stating what I need to do, rather than trying to debate reasons for marrying as so many others do.

TBoneTX · August 29, 2012

Did not intend to cause a violation or problem

Your first thread was entirely hijacked, and it strongly appears that it was closed for that reason. When the Moderators read this one, I hope that they'll take that into consideration and leave this one open -- for you. A lot of us are eager to hear what happens, anyway. Edited August 29, 2012 by TBoneTX

Ban Hammer · August 29, 2012

Your first thread was entirely hijacked, and it strongly appears that it was closed for that reason. When the Moderators read this one, I hope that they'll take that into consideration and leave this one open -- for you. A lot of us are eager to hear what happens, anyway.

first was closed for hijacking, and the phrase "do not restart" was left out of the closing post just in case the op had further questions.

this one will stay open, but replies need to pertain to the op.

TBoneTX · August 29, 2012

Good deal, Charles -- thanks, si man.

LSnBigBear · August 29, 2012

Well I really do not like seeing anyone go through what you are endurring. But as many mentioned as I did from my experience dealing with similar first hand,,, move on without your wife in your plans if you can pull away. Matters of the heart are easily typed in for advice when not being lived first hand. I know the gut wrenching you are going through. Do with her status and informing ICE, USICS as you feel you need too. All any of us can do is give advice from the 50,000 foot level.. We are not on the ground with you here. Good luck again...

Sandra G. · August 29, 2012

Gather lots of proof and send to ICE and USCIS and move on. USCIS CANNOT inform you if they approved or not her I-751, because of that don't get stuck in the past. I think the best revenge is being happy.

She can file for divorce and submit the form I-751 and then USCIS will send her an RFE asking the divorce decree. If her case will be adjudicated in Vermont she will have at least 7/9 months to receive an RFE and probably until there she will have the divorce decree. If she can't provide the divorce decree after receiving the RFE then USCIS will deny her I-751 and start with removal proceedings, but in Court she can ask the Judge to have her I-751 adjudicate in Court and the Immigration Judge will put a hold in her deportation until her divorce is finalized and the IJ(immigration Judge) will adjudicate her case.

Edited August 29, 2012 by sandranj

amberlynnloves · August 30, 2012

Please keep us updated on your ICE infoPASS appointment. But do one thing for yourself at this appointment. Keep everything strictly fact based. Don't let emotions gets involved in what you are telling them (I know how hard that can be). But just give them the proof/evidence you have. Inform them of your official desire to no longer persue this ROC/AOS thing, and let them handle it from there.

Side Note: My heart down go out to you in this situation. I don't intend to sound like I understand exactly what you are going through, because I don't. But my heart hurts for you because this cannot be easy. But hang in there. Take it as a learning experience, grow from it and move on. Best of luck to you in the future! And please keep us updated. (F)

timetotakeaction · September 8, 2012

Ok, so had my Infopass appointment about a week ago. Now, if I was an uninformed, vindictive, jaded USC spouse, I might be angry at how the appointment went. However, knowing the legalities involved, I think it went pretty well.

I had to clear the 10 private security guards controlling access to the Homeland Security Building via screening through a metal detector.

(Off topic----folks, literally 10 guys working for a private contractor, standing around doing nothing but joke with each other, and facilitate access to those authorized. Now, competent civil servants could run this access control operation with 4 or 5 guys, and for less money. A civil servant would earn about $45,000 per year doing this work. The guys doing the job make about $25000 per year. But, DHS is paying a contractor, lets say ABC Security, $35-40 per man hour for this work, or about $80,000 per man. The difference is the profit. Now why, you might ask, would they pay more if they can do it for less? Well, you hear how overpaid government employees are, how juicy the benefits are, how they can get away with anything they want. Well, the contracting companies want you to believe that, so they can charge $38 per hour to the taxpayer for provide a person who they in turn pay $12.50 per hour to. But, because all this money, usually triple the cost of having a fed doing the work, is not budgeted as payroll, but rather as contracting services, they can deceptively show less being paid as payroll. So, when you hear your wonderful Congressman and Senator talk about how we need to have 'smaller' government-----cut the federal workforce, to 'save' the taxpayers, remember, what they are really suggesting is letting their business owner friends lucrative contracts that cost more from the outset. But boy, they sure make it seem so smart to let private sector 'efficiency' cut the number of dedicated public servants working.---------sorry to go astray, but this is one of the most obvious abuses of contracting services I have seen, and the latest group of politicians, the ones that associate with tea rather than working to truly help solve our major issues---love to look you in the eye, and discuss how smaller government is better government---end rant)

so, I get in, and show my appointment letter, and am told to go to a certain 'window' and they will get someone to talk to me. Well, 2 min befire my scheduled time, I get called to the window to talk. The Immigration Services Assistant asks how he can help me. I ask, 'is there a more private office to talk?'. He asks me to tell the short version, and id needed , at that point, we can find a better area. Well, I just told him, 'I am married to a Filipina, and she used deception to enter the marriage to me in bad faith.' He saw my thick envelope of documentation, and said he did not want any details, so he would not be biased in any way in advising me

He asked if my paperwork has a contents page, and a cover page. I admitted no, not yet. He then asked if my packet had her demographics in there, which I did have that ready. He told me to add a cover letter, that gets to the point quickly, explains what I am asking for, and as much proof as I had. He told me that after the AOS was approved, and before the COfidentaal.R filing, what would happen to the the info I provide. He said when I bring back the complete, detailed account, he would confidentially enter her A number in a computer, and see if any applications have been filed, but he could not do that in fromt of me, because of the potential provacy violation, and the need to protect her righjts as well.

He also informed me anything I submjt will be sent onward to the location of her A file, to be rreviiewed if any application is filed in the future, my submitted papers will also to be reviewed, and any adjudication of an application will be based on the 'totality of the case', My evidence could have no effect on an application, or it could be the basis of denial.

So pretty generic advice, but he was to the point and did not waste my time reviewing my info, as adjudication is not his part in the process, and his opinion will have not have any bearing.

I will update in future as warranted.

Edited September 8, 2012 by timetotakeaction

Harpa Timsah · September 8, 2012

That seems like a very good appointment with very good information. No BS, and he told you the facts, and how to make your evidence the best organized. Good job to you. Now, you can follow through, and know that you tried your best to stop a scammer, and your information will be in her file.

NiNi123 · September 20, 2012

Could you please let mf know what is an update nn your case have the Uscis done something? I am going there next week. I have same problem

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Immigrant wife entered marriage in bad faith-2

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