Overcoming a Marriage Fraud label, is it possible?

[ohmandd 0]

Hello all,

I am new here and I have done a search for 'Marriage Fraud', but it seems to only return how people get over it or how to report it; so, here is my question about correcting (removing it).

I put in a K-1 petition in March of 2014, the process took very long and I kept trying to get an answer from USCIS about it. It seemed as though they were dragging their feet, but I now know why. When I submitted my petition, my fiancé had told me that a boy had tried to get her to the states unsuccessfully (10 years ago); after a short discussion, it didn't seem to mean much. To my surprise, I was wrong.

Around January of 2015 (this year) I got a Letter of Intent To Deny from USCIS. In this letter, it had the questions my fiancé had been asked by the embassy, in 2005. The back story is this: Judy (my fiancé) met an American boy who had proposed to help her go to America so she could go to college, get a good job, and support her family; Judy wasn't aware that it was a Fiancé Visa (or that she would be required to marry Joseph). The letter (of Intent To Deny) had the list of questions asked to Judy, and they started out with "How long have you been intimate with Joseph?"; her answer given was "None". The second question ask was what her relationship was with Joseph, which the answer was exactly what she had told me (that he was going to bring her to America, so she could go to college, get a good job, and be able to support her family). The questions continued along these lines, never asking if she had known that she would have had to marry Joseph, or if she had known that the Visa in question was for couples who intended to marry.

After receiving this letter, I called two lawyers, my congress lady's office, and USCIS, and all responded that nothing can be done, because it's marriage fraud; though, she had no intent to commit marriage fraud. So I was left to write a letter in response. I tried to compel USCIS to see that she was not aware of her wrongdoing and spoke honestly at her interview; and, it shows that she had no intent to marry Joseph (and was unaware that she would have to.) She didn't know it was a Fiancé Visa.

In April (2015) I went to the Philippines and married Judy, and decided to wait for the results of my case. I just received an email stating that my petition was denied.

I have been with Judy 4 times: first visit (two months) to meet her and get to know her, second visit (one month) to meet her family and son, third visit (ten days) to get married, and the last time (two months) because I was laid off from work.

Questions:

1. Would it be futile to submit a Spouse Visa petition?

2. Is there any way (such as a Spouse Visa or a Pardon) to remove the Marriage Fraud label?

3. Is there anything else that I should think of?

Thank you,

Dustin

Edited September 20, 2015 by ohmandd

[SalSterling 10]

Hello all,

I am new here and I have done a search for 'Marriage Fraud', but it seems to only return how people get over it or how to report it; so, here is my question about correcting (removing it).

I put in a K-1 petition in March of 2014, the process took very long and I kept trying to get an answer from USCIS about it. It seemed as though they were dragging their feet, but I now know why. When I submitted my petition, my fiancé had told me that a boy had tried to get her to the states unsuccessfully (10 years ago); after a short discussion, it didn't seem to mean much. To my surprise, I was wrong.

Around January of 2015 (this year) I got a Letter of Intent To Deny from USCIS. In this letter, it had the questions my fiancé had been asked by the embassy, in 2005. The back story is this: Judy (my fiancé) met an American boy who had proposed to help her go to America so she could go to college, get a good job, and support her family; Judy wasn't aware that it was a Fiancé Visa (or that she would be required to marry Joseph). The letter (of Intent To Deny) had the list of questions asked to Judy, and they started out with "How long have you been intimate with Joseph?"; her answer given was "None". The second question ask was what her relationship was with Joseph, which the answer was exactly what she had told me (that he was going to bring her to America, so she could go to college, get a good job, and be able to support her family). The questions continued along these lines, never asking if she had known that she would have had to marry Joseph, or if she had known that the Visa in question was for couples who intended to marry.

After receiving this letter, I called two lawyers, my congress lady's office, and USCIS, and all responded that nothing can be done, because it's marriage fraud; though, she had no intent to commit marriage fraud. So I was left to write a letter in response. I tried to compel USCIS to see that she was not aware of her wrongdoing and spoke honestly at her interview; and, it shows that she had no intent to marry Joseph (and was unaware that she would have to.) She didn't know it was a Fiancé Visa.

In April (2015) I went to the Philippines and married Judy, and decided to wait for the results of my case. I just received an email stating that my petition was denied.

I have been with Judy 4 times: first visit (two months) to meet her and get to know her, second visit (one month) to meet her family and son, third visit (ten days) to get married, and the last time (two months) because I was laid off from work.

Questions:

1. Would it be futile to submit a Spouse Visa petition?

2. Is there any way (such as a Spouse Visa or a Pardon) to remove the Marriage Fraud label?

3. Is there anything else that I should think of?

Thank you,

Dustin

You need to start from USCIS Fraud Detection and National Security Directorate http://www.uscis.gov/about-us/directorates-and-program-offices/fraud-detection-and-national-security/fraud-detection-and-national-security-directorateand you can do it on your own no need for a lawyer to handle a case unless you are busy etc.

[Adil & Jeanne 296]

First: she would have had to do the letter of intent to marry so she must have known

i know that doesn't help you but she is the one who will have to prove she did not know this was illegal.

You really can't prove it for her unless you are able to get in touch with the other man and get a deposition from him explaining he did not divulge the correct information to her

Good luck

Edited September 20, 2015 by Adil & Jeanne

[Dave&Roza 748]

Since you are now married, the K-1 visa process is meaningless. You now submit a spousal visa and be upfront about her previous dealings with the USCIS and your previous K-1 visa application. The CR-1 will be adjudicated within the US at the NVC. You might have better luck instead of dealing with the PI Embassy. She will have to prove that the previous attempt to come to the US was not visa fraud. You may have to file a waiver for the spousal visa to be successful.

This may be a case that is better handled by an good and competent immigration lawyer rather than DIY.

Dave

[Ash.1101 1,756]

No matter how you spin it, some of the requirements straight up say "Yes, I want to marry this guy!" such as the letter of intent, which she had to do in the initial 129F and then again at the embassy stage, and I'm sure somewhere on the packets she received on how to further schedule medical and interview, it said fiance at least once.

If you're already contacted your congressman, two lawyers, and USCIS and they ALL said nothing can be done then it's possible that nothing can be done.

Fraud is zero tolerance and the facts are against her in this case, she can say she wasn't aware all she wants, but no one is going to believe that she didn't know what she was signing when she signed a paper that says something like "I, <name>, am legally able and willing to marry <name> within 90 days of entering the united states", or when she got papers saying K1 visa Fiance at the top, or multiple times within. On the financial forms, you put "fiance" in the "relationship to beneficary", he would have put that for her.

The current phillipines packet 3 actually states what a K1 visa is and how the purpose of it is to enter the states and marry. While your wifes case was in 2005, I doubt they just added in clarification of what the visas are for.


And as someone else said, YOU cant' prove she's innocent, -she- can try, but again, very hard. The governments just going to assume she's lying to you and that you believe it, they dont' care about details, once you burn them even if you didn't realize it, there is rarely any going back. The most she could say is that he put a white paper over everything and just had her sign a line and she just... didn't ask what she was signing, but still, no one's going to believe that.


FIRST, I would contact another lawyer and explain you are married now and it would be a spousal visa. Do multiple lawyer consultations if you have to (try to get free ones lol). If they all say no then:

You can try to do a spousal, but don't hold your breath to much.

Chances are you may just have to move to where she is, or live apart, I wish ya'll the best of luck because your options are very slim at this point.

Edited September 20, 2015 by Ash.1101

[Pinkrlion 2,725]

I would check to see if she currently has a lifetime ban. It has always been a recommendation on VJ not to get married from a K-1 denial, until you are sure the reason for the denial can be resolved. Now u r married and still have the same problem.

Only a lawyer can assist u now. Good Luck

Edited September 20, 2015 by Pinkrlion

[dwheels76 5,484]

After reading I realized something. Did your fiance now wife ever meet this guy face to face? The guy she was talking with would've had to submit falsified documents and pictures to meet the 2 year meet for a fiance visa.

So did they meet? Seems like the burden of proof is great. Sure he could have signed her name made a letter of intent but the P3 package from embassy goes to her. She had a medical. I don't know. Get a lawyer this won't be cheap or a short process either way.

[ram19 7]

I was reading ur post and I felt bad this happened to I guys, and yes the only option u have now is to hire a good lawyer, I've seen that ur wife is from the Philippines, there's one good immigration lawyer that helped thousands of Filipinos, try to search for atty. garffinkel (not sure with the spelling though) ask ur wife if she heard about him. He's a good one. Good luck on ur journey.

[Jawaree 719]

Knew of a lady in Tx who married for biz. well the USC took the money but told them at

interview she pai him, she was deporte with marriage fraud, she was then very pregnant

when the decision to deport came, the baby was a USC had to depart with her, the kid

father flew to her country & marry her after her divorce , well I almost went into cardiac 3

yrs later when that woman returned legally.

I understand $$$$$$$ an time was the husband best friend...OP call Carl Shusterman

[ohmandd 0]

You need to start from USCIS Fraud Detection and National Security Directorate http://www.uscis.gov...ity-directorateandyou can do it on your own no need for a lawyer to handle a case unless you are busy etc.

SalSterling

Thank you SalSterling, I will look into that.

First: she would have had to do the letter of intent to marry so she must have known...she is the one who will have to prove she did not know this was illegal.

You really can't prove it for her unless you are able to get in touch with the other man and get a deposition from him explaining he did not divulge the correct information to her

Adil & Jeanne

Thank you Adil & Jeanne, she said that she can contact him, but I didn't think he could aid in anyway. I will talk to her about this and see if we can contact him and see if he would be willing to give us a letter or something.

You now submit a spousal visa and be upfront about her previous dealings with the USCIS and your previous K-1 visa application. The CR-1 will be adjudicated within the US at the NVC. You might have better luck instead of dealing with the PI Embassy. She will have to prove that the previous attempt to come to the US was not visa fraud. You may have to file a waiver for the spousal visa to be successful.

This may be a case that is better handled by an good and competent immigration lawyer rather than DIY.

Dave&Roza

Thank you Dave&Roza, I was planning to submit the spousal visa (and being upfront). I want to make sure that I do this one the best way I can, that's why I asked. I am thinking that I may need to get an immigration lawyer too. Thank you very much.

The governments just going to assume she's lying to you and that you believe it.

FIRST, I would contact another lawyer and explain you are married now and it would be a spousal visa. Do multiple lawyer consultations if you have to (try to get free ones lol). If they all say no then:

You can try to do a spousal, but don't hold your breath to much.

Chances are you may just have to move to where she is, or live apart, I wish ya'll the best of luck because your options are very slim at this point.

Ash.1101

Thank you Ash.1101. I agree, I believe that the government does think that she is lying and lying to me. We agreed from the begining that if she doesn't come here, we may need to meet somewhere else, or I'll move there. I am retired military, so we may be able to meet at a U.S. military base, I could get a job there, and we may be able to live there together; but, I'm going to keep trying for option 1 first. I am also thinking to check with the local base JAG office; I'm not sure they will be able to assist.

I would check to see if she currently has a lifetime ban. Only a lawyer can assist u now.

Pinkrlion

Thank you Pinkrlion. How do I check on the lifetime ban? I am strongly thinking that I will be getting a lawyer now. Should it be a U.S. lawyer or Philippine lawyer (or both)?

Did your fiance now wife ever meet this guy face to face?

dwheels76

Thank you dwheels76. She did meet him, but only once during the initial introduction.

Try to search for atty. garffinkel (not sure with the spelling though) ask ur wife if she heard about him. He's a good one.

ram19

Thank you ram19. I told her to look for that atty.

I understand $$$$$$$ an time was the husband best friend. OP call Carl Shusterman

Jawaree

Thank you Jawaree. Yes, I'm thinking that it may take much $ and time. We do plan on having children (not for the intent to get her here). Also, I'm not sure I under stand "OP call Carl Shusterman".

Thank you all for the assistance. I appreciate your honesty and willingless to assist.

Dustin

[S_R 148]

SalSterling

Thank you SalSterling, I will look into that.

Adil & Jeanne

Thank you Adil & Jeanne, she said that she can contact him, but I didn't think he could aid in anyway. I will talk to her about this and see if we can contact him and see if he would be willing to give us a letter or something.

Dave&Roza

Thank you Dave&Roza, I was planning to submit the spousal visa (and being upfront). I want to make sure that I do this one the best way I can, that's why I asked. I am thinking that I may need to get an immigration lawyer too. Thank you very much.

Ash.1101

Thank you Ash.1101. I agree, I believe that the government does think that she is lying and lying to me. We agreed from the begining that if she doesn't come here, we may need to meet somewhere else, or I'll move there. I am retired military, so we may be able to meet at a U.S. military base, I could get a job there, and we may be able to live there together; but, I'm going to keep trying for option 1 first. I am also thinking to check with the local base JAG office; I'm not sure they will be able to assist.

Pinkrlion

Thank you Pinkrlion. How do I check on the lifetime ban? I am strongly thinking that I will be getting a lawyer now. Should it be a U.S. lawyer or Philippine lawyer (or both)?

dwheels76

Thank you dwheels76. She did meet him, but only once during the initial introduction.

ram19

Thank you ram19. I told her to look for that atty.

Jawaree

Thank you Jawaree. Yes, I'm thinking that it may take much $ and time. We do plan on having children (not for the intent to get her here). Also, I'm not sure I under stand "OP call Carl Shusterman".

Thank you all for the assistance. I appreciate your honesty and willingless to assist.

Dustin

It means google the name and call Carl Shusterman". He maybe your best chance at resolving the issue

[Boiler 46,923]

The story you were told makes no sense so first you need to find out what actually happened.

[TBoneTX 46,982]

*** Thread moved from the K-1 Process forum to the CR-1 Process forum -- OP is married. ***

[ohmandd 0]

It means google the name and call Carl Shusterman". He maybe your best chance at resolving the issue

Ok great! Thank you.

[Anh map 2,098]

The story you were told makes no sense so first you need to find out what actually happened.

Agreed. She likely has more story to tell you. Unless she is extremely naive.