I'm terrified--USCIS is giving a blatant scammer a GC and I don't seem to be able to stop them

[aussie_jason 195]

A purchased H1-B? How could that even work? Maybe they could falsify the I-797's etc but how would they ever get it past a US consulate in order to get the Visa stamp (which is much more than just a stamp but rather a full ID printed on a passport page) in order to get back into the US. I could see how one could purchase a position that an employer would petition on your behalf but that would require an otherwise legitimate position that would pass scrutiny and nursing isn't an acceptable skill for a H1-B.

There are big holes in this story...

Her sister is married to elderly Norwegian retired ship captain. I wonder how many of those you'd find in landlocked Arizona.

I've got some ocean front property in Arizona...

[yailukmuu 26]

A purchased H1-B? How could that even work? Maybe they could falsify the I-797's etc but how would they ever get it past a US consulate in order to get the Visa stamp (which is much more than just a stamp but rather a full ID printed on a passport page) in order to get back into the US. I could see how one could purchase a position that an employer would petition on your behalf but that would require an otherwise legitimate position that would pass scrutiny and nursing isn't an acceptable skill for a H1-B.

There are big holes in this story...

I've got some ocean front property in Arizona...

It's always wise to be a doubter, but the retired ship captain is no fakery. The fellow is searchable in Linkedin, I'd give the link but I've commented on the fellows health to link the two seems very improper. He is, in fact a retired Norwegian Ship captain. After tracking Ate's phone I found two house sale/purchase (public) leading me to both true names and a true address. With the name on Linkedin I found that is what he is/was. Note: I do not make any implication that he has done anything wrong, nor do I imply that Ate's relationship to him is in any way fraudulent, I cannot judge the quality of their relationship.

As far as illegal/purhased/improper H1-B's, from what I've read they are common, and ICE has been doing a great job cracking down on them, for instance, recently:

"October 30, 2013

Indian corporation pays record $34 million fine to settle allegations of systemic visa fraud and abuse of immigration processes

PLANO, Texas – Infosys Limited, an Indian company involved in consulting, technology and outsourcing, has agreed to a record $34 million civil settlement based on allegations of systemic visa fraud and abuse of immigration processes, and also agreed to enhanced corporate compliance measures. The $34 million payment made by Infosys as a result of these allegations represents the largest payment ever levied in an immigration case"

From: http://m.ice.gov/news/releases/1310/131030plano.htm?f=m

That's $34 million for one single company that got caught! Now most of these were improper B-1 Visas but it shows just how lucrative playing the system is.

Here's a bit more to the point:

"The report found 21 percent of 246 H-1B applications reviewed by USCIS staffers contained either outright fraud or technical violations of federal laws and regulations. In addition investigators discovered on visits to work sites that some employers were not paying prevailing wages, companies did not pay visa holders when work was not available for them, or had them doing different jobs than the ones that were listed on their H-1B applications."

See: http://www.examiner.com/article/feds-aiming-at-h-1b-visa-abuse-u-s-jobs

Smaller companies for instance can apply for an H1-B invite for an IT specialist but the IT specialist has no IT skills, or since H1-B's are available for highly skilled nurses (I'm an RN so this area is important to me) an unskilled worker might be listed as "Supervisory Health Alimentary Elimination Engineer," (that means bedpan emptier and butt wiper).

Note: You say nursing is not acceptable well, in a way you are correct. Things have changed. "Ordinary nurses" are not acceptable. But specialized nurses or nurses in certain areas of expertise are. See the below "nurse memo" right from USCIS:

ww.uscis.gov/sites/default/files/files/pressrelease/NurseMemo_112702.pdf

You tell me. My spouse says: "My sister is and has been here for many years as an illegal." Yet this person travels every year to Cebu and back. What other option is there? Yes, my hypothesis may be incorrect, perhaps there is another way she could be doing this--any ideas? I'd love to know for sure.

[Boiler 43,764]

Through her spouse, or is he here illegally?

[cdneh 3,112]

Lots of ex Marines in Colorado.

There are no ex Marines. Only former Marines. I am married to one. They are everywhere. Elderly Norwegian ship captains are slightly more thin on the ground here.

[Removed030114 48]

Call attorney Marc Ellis' office and make an appointment for a telephone consultation. I suggested that you do this last week and hopefully you can see now that it's time to discuss this issue with someone with credible legal expertise. The I-864 is a binding document, so it's best to learn all of your legal options. The consultation is free and it can save your ####### later.

http://marcellislaw.com/schedule.html

[yailukmuu 26]

Through her spouse, or is he here illegally?

My spouse told me that both were undocumented. Whether this is true or not, I have no way of knowing.

[aussie_jason 195]

Why would a retired ship captain have a LinkedIn profile? How would someone on a caregiver's salary purchase several properties and visit their home country multiple times? How would someone here illegally be able to come and go as they please? How long has the sister been here? A H1-B is only good for up to 6 years so even if she was managing to defraud the system it sounds like she would have exceeded that time period by now.

Something smells really fishy about all this...

[Cathi 5,624]

Excellent tips, thank you.

In my case, though I only visited twice, I did spend almost two months visiting. I met all of her family (except one) and in a word, they were delightful--all 25+ of them. She never called anyone nor texted, nor emailed--she, as I, tended to leave our email accounts accessible on each of our computers. I especially do like the "I think I'll just move to the Philippines and live there with you" idea. She never once asked for money, not one peso, and for the first year I sent none, nor gifts, though I did send flowers once, and found a small shop in Cebu who for a very reasonable price took a dozen roses and sent them to her house by taxi. The total price was less than what I'd pay to send a dozen roses to someone in the US.

To analyze the red flags of my relationship as related to MochaMichu's tips:

1) She had built a house, a very nice house, probably worth 2 million peso. She told me that she earned the money from a store that sold games in a mall. She said that business had become unprofitable because taxes had gotten too high. Well, if a person can save, 400,000 peso a year--the business never would have closed.

2)She was in a hurry to get to the US

3) She had excellent history, excellent friends, and an excellent family--all except one and that was, I believe, my downfall. She had an elder sister, Ate--who lived in Arizona and had lived there for 5 years, according to her: "illegally." The sister returned each year to Cebu and each year bought a house (2 mil+) or land. I was around other sisters and many brothers, all who treated me like I was part of the family, but the one in Arizona remained distant, and now looking back was kept "hidden." Further when she was in the US and Ate called she wouldn't talk to me and all I got for sis's location was "someplace in Phoenix. Well, that's like saying "someplace in Manila." It turned out that Ate had funded the building of the house, so there was a lie from the beginning.

My tip:

1) Beware of ties already in the USA--especially if the ties are there illegally. And especially if Ate is there (elder sister) because Ate carries so much "power," in the family. Clearly in this case Ate is doing an excellent job of creating an Empire. Imagine--over 5 years, buying 3 houses and at least one parcel of land (land is expensive in Asia) and I believe that all purchases were cash, probably from under-the-table earnings.

That's my only tip. There were so many green flags--Never asking for money; warm and open reception by the entire family; a person who appeared to "not need" money.

In my case the relationship certainly seemed loving, and stable and stayed that way until USCIS notice of Acceptance of Adjustment of Status and then it was nothing--just a polite "thank you" at the airport. I believe it was orchestrated from the beginning and all done under the "orders" of the elder sister.

Elder sister according to my wife earns $20/hour as a healthcare worker, most likely under-the-counter performing care for cash in homes of people who would rather pay $20-24 instead of hiring a licensed LNA/CNA from an agency for ~$35/hour. I estimate at 40 hours per week Ate's take home is $42,000. Ate sent my wife to Caretaker school, I was surprised to come across the certificate. Even if my spouse stays as an illegal and works with her sister, the two can clear $84,000 (little living expenses since Ate is married to an elderly Norwegian retired ship captain). So each year each one works, they earn what a, let's say Canon Camera (who has a factory in Cebu) worker earns in 23 years. If my spouse manages to simply stay here, legally or illegally for just two years, she will earn more than she could if she worked from age 20 to age 66 in the Philippines.

Frankly I don't think it'll bother my spouse if the GC never comes.

The big "oops" here is that though USCIS/ICE won't do a thing normally in this sort of case, here they might because Ate who is unskilled comes and goes freely therefore she must have an H1-B that was purchased. I read a few years ago that the going rate was about $2500. One thing that ICE may be interested in is who is selling illegal H1-B's.

My idea that H1-B's are involved is built upon the promise that was made to one of the brothers. Ate was sending him to automotive mechanic school in Cebu and she promised him a Visa to America. Automotive Mechanic is not an acceptable skill for an H1-B, therefore the only option is a purchased one.

my question is: if her sister living in Arizona was living here illegally how did she travel back and forth to the US and Cebu without being caught, do you have any idea? Illegals are not free to come and go as they please.

[Cathi 5,624]

I tried to edit my previous post but couldn't. I scrolled back and read how she claims to be here, a bought HB1. Well...

The HB1 doesn't add up because they are only valid for 6 years as the previous poster said. If she and her husband are both here illegally it would be impossible, illegals are not free to come and go as they please. Why would a 78 year old retired Norwegian sea captain have a linkedin profile? Seems to me they faked the linkedin profile just like they faked everything else as just another way to convince you their story was legit. There are so many holes in her story, and seeing that she lied to you since day one I wouldn't believe a single word she says, not one. As Alice in Wonderland would say this whole thing gets "curiouser and curiouser".

[christeen 966]

The entire officers on Norwegian cruise lines are... Obviously Norwegian... As well as many container ships and ship technical and safety officers hold captain licences and are Norwegian... And most of the cruise lines have programs for senior officers to obtain green cards as it makes it easier for them when they need to come to the office for meetings and travel in/out of the USA... I highly doubt that he is illegial (regardless of what the scamming wife says)... So if he were to be granted a green card, his wife could have gotten one as well... This however has no bearing on how the OP should proceed with his wife who obviously had alterior motives for coming...

[yailukmuu 26]

Why would a retired ship captain have a LinkedIn profile? How would someone on a caregiver's salary purchase several properties and visit their home country multiple times? How would someone here illegally be able to come and go as they please? How long has the sister been here? A H1-B is only good for up to 6 years so even if she was managing to defraud the system it sounds like she would have exceeded that time period by now.

Something smells really fishy about all this...

Why: Still active in consulting.

There seems to be some incredulousness over a ship captain.

If his linkedin profile is fake then he's made several other mighty fine profiles so he can recommend himself, here's one

"I have known Captain xxxxx xxxxx for over 20 years. He is the consumate Unlimited Master Mariner with a broad range of experience. I greatly respect and highly recommend Harald. He is above all else, a professional." That's not the only one, there are other professional recommendations, that's how Linkedin works. There are plenty of ship captains about, my uncle was captain of the SS Eisenhower during the 60's and early 70's. Heck does it matter, he could be a Norwegian physicist, or an Australian podiatrist, I don't think that this guy is made up. It is curious that his linkedin has no contact details. Mine does, but that in itself means nothing.

About the sister, I agree... on one hand since she comes and goes--she must have documents. On the other my spouse has told me she has been there illegally. I really don know... the H1-B was a guess, maybe I'm wrong. And I'll probably never find out.

Indeed, the whole thing was fishy. And how can she buy houses? That's simple. "If" she works as a healthcare worker for $20/hour, under the table, and clearly the couple own a nice house, so living expenses are little. That's $42,000/year. In Cebu, Philippines there are plenty of what I'd call "nice" houses in that range. If any one thing is certain that is that Ate (elder sis) is plenty smart, and setting herself up quite handily, maybe legally, maybe illegally.

[yailukmuu 26]

The entire officers on Norwegian cruise lines are... Obviously Norwegian... As well as many container ships and ship technical and safety officers hold captain licences and are Norwegian... And most of the cruise lines have programs for senior officers to obtain green cards as it makes it easier for them when they need to come to the office for meetings and travel in/out of the USA... I highly doubt that he is illegial (regardless of what the scamming wife says)... So if he were to be granted a green card, his wife could have gotten one as well... This however has no bearing on how the OP should proceed with his wife who obviously had alterior motives for coming...

Thank you cristteen, that's informative. Maybe in this case he had a legit GC, and his wife also got one... and upon retiring he just stuck around. Would it expire, or would there be a path to continuance as a retired naval officer.

We can't take this hypothetical stuff too seriously, yet it does pique my curiosity. For instance brother believes that, upon his graduation from auto mechanic school, he is expected to obtain a visa to America--the source of the visa is Ate.

Why would someone promise a relative a visa when, unless she somehow finds a fiancee for me, for there is no legal route for a Filipino auto mechanic to come to America.

*lol* the whole thing is giving me a headache.

[Ryan H 3,796]

***Four off topic posts removed, either post constructively or do not post. Thread bans (at the very least) will follow next time.***

Edited February 23, 2014 by Ryan H

[Boiler 43,764]

Why would someone promise a relative a visa when, unless she somehow finds a fiancee for me, for there is no legal route for a Filipino auto mechanic to come to America.

There could be actually, EB3, a long wait etc but theoretically possible.

Keeping my fingers crossed that this passes the humour challenged.

[yailukmuu 26]

There could be actually, EB3, a long wait etc but theoretically possible.

Keeping my fingers crossed that this passes the humour challenged.

Good answer Boiler!

Perhaps there is a legal route. I never heard of an EB3