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lioneta21

tourist visa and misinterpretation of fraud

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Filed: Timeline

Hi everyone, I'm looking to get any type of feedback or advice on my mother-in-law's case.

My mother-in-law got married in Colombia to a US citizen who happens to be from Ecuador. They got married in Colombia(which is where she lives). He petitioned for her and her two youngest sons whom were 13 and 15 at the time. When they went to the embassy for the interview, the consulate told them that it is a fraudulent marriage and he is just doing this to help her, so the petition was denied. This was back in 2007 I believe. They didn't appeal the case and just left things alone. They are still legally married in Colombia but separated obviously because of denial so they don't have a relationship anymore. My husband wants to send his mom to the embassy for a tourist visa but we don't know what the chances are that she will be denied or if something will happen to her for the history of this case. She can't remember if there was any paperwork she signed accepting the decision of the denial for suspected fraud or if it was just a verbal denial and entered into the system. And it is in the system because it was mentioned to her younger son when he went to ask for a tourist visa. So we don't know if it would be better to have her take a shot and go interview for a tourist visa hoping nothing bad will happen to her or just have my husband petition for her since he is a permanent resident??

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If they separated because of the denial then it does seem it was a fraudulent marriage. It is in their system so she is unlikely to be approved for a tourist visa. She might be permanently barred from the US for fraud.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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If the embassy made a finding of fraud and this was not contested then it's likely gone down as a permanent notation on the file. Once established, it's extremely difficult to remove.

They should consult an immigration lawyer experienced in waivers and misrepresentation/fraud.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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She'll have a hard time getting any visa on her own. A fraud label is very hard to overcome.


USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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Filed: Citizen (apr) Country: Cameroon
Timeline

Hi everyone, I'm looking to get any type of feedback or advice on my mother-in-law's case.

My mother-in-law got married in Colombia to a US citizen who happens to be from Ecuador. They got married in Colombia(which is where she lives). He petitioned for her and her two youngest sons whom were 13 and 15 at the time. When they went to the embassy for the interview, the consulate told them that it is a fraudulent marriage and he is just doing this to help her, so the petition was denied. This was back in 2007 I believe. They didn't appeal the case and just left things alone. They are still legally married in Colombia but separated obviously because of denial so they don't have a relationship anymore. My husband wants to send his mom to the embassy for a tourist visa but we don't know what the chances are that she will be denied or if something will happen to her for the history of this case. She can't remember if there was any paperwork she signed accepting the decision of the denial for suspected fraud or if it was just a verbal denial and entered into the system. And it is in the system because it was mentioned to her younger son when he went to ask for a tourist visa. So we don't know if it would be better to have her take a shot and go interview for a tourist visa hoping nothing bad will happen to her or just have my husband petition for her since he is a permanent resident??

Your mom will have to get an immigration lawyer who specializes in fraud/misrepresentation cases to have that "fraud" issue overturned. Marriage fraud on ones record is one of the greatest immigration ills with no visa of any kind whatsoever and permanent bar to the U.S. Have an attorney fight this.


Adjustment of Status From F-1 Visa.

8/14/2014: Mailed AOS package: I-130, I-485, I-765.

8/18/2014: Accepted in Chicago. Transferred to Nebraska Service Center.

8/21/2014: Received NOA 1. I-130, I-485, I-765 in mail.

8/25/2014: Received biometrics in mail. Scheduled for 9/8/2014

9/24/2014: EAD approved. 36 Days!

10/01/2014: EAD mailed.

10/03/2014: Received EAD card.

10/14/2014: I-485 moved to testing and interview.

1/28/2015: Interview scheduled for 3/4/2015.

1/31/2015: Received interview notice.

3/4/2015: Interview completed and APPROVED!

3/5/2015: Welcome notice mailed and I-130 Approved.

3/10/2015: Welcome notice and I-130 approval notice received.

3/12/2015: Green card mailed.

3/14/2015: Green card delivered.

Removal of Conditions: 

12/14/2016: Mailed I-751.

12/19/2016: NOA issued.

01/26/2017: Biometrics.

05/03/2018: I-751 transfered to NBC.

02/27/2019: Joint I-751/N-400 Interview.

05/14/2019: I-751 APPROVED.

Naturalization:

12/02/2017: Mailed N 400 to Phoenix, AZ Lockbox. (I-751 still pending)

12/05/2017: Package delivered in Phoenix, AZ. Transferred to Harrisonburg Processing Center.

12/07/2017: Notice of action issued. (IOE)

12/26/2017: Biometrics.

01/23/2019: Interview Scheduled for 2/27/2019.

02/27/2019: Joint I-751/N-400 interview. N-400 recommended for approval.

05/16/2019: N-400 APPROVED! Placed in line for oath ceremony.

05/17/2019: Oath ceremony notice mailed.

06/12/2019: Swearing in Ceremony! Finally a U.S. citizen!

 

 

 

 

 

 

 

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is there anyway to overturn the decision such as proving the marriage was real? would a waiver work? my husband is worried about petition her through him and it being a waste of time and money

No you cant prove that a now dissolved marriage after a Cr1 spousal visa denial was ever real. In fact the divorce just proves the counter point even more so. On top of that, the previously applied for visa shows intent to stay in the USA so her chances are pretty slim. Her best bet is to wait for the US to finally complete a Colombia visa waiver program... They started it in 2-14 but takes years. Her son can also petitioner her but could be waste of $$ if she is banned for fraud.

Edited by bigjailerman

 

 

K1 Journey Begins

 

NOA1 on March 3, 2016

NOA2 on May 26, 2016

NVC Rcvd Case June 13, 2016

NVC Case and Rcpt # June 16, 2016

Case to Embassy June 16, 2016

Case Ready at Embassy June 20, 2016

Lab July 8 for minor and July 11, 2016 for Fiance

Medical July 11, 2016

Biometrics ACS July 12, 2016

Interview Approved July 14, 2016

Visa Issued via DHL July 16

Visa Arrived July 1

POE September 23, 2016 JFK

Marriage !!!!!!!!!!!! September 30, 2016

 

Next Step AOS..........

  • November 12, 2016 - Express mail to Chicago Lockbox
  • December 5, 2016 - Electronic Notifiaction for AOS, rcvd 11/15
  • December 11, 2016 - NOA1 for EAD, 765 and 485, also accepted fingerprint fee.
  • December 28, 2016 - Biometrics
  • February 14 - EAD  & Advanced Parole Approved and being mailed. 
  • May 4 2017. Approved without interview, Card being Produced
  • May 7, 2017 recvd approval for i485
  • May 10 2017 rcvd Green Cards in mail.!!
  • Next step in 20 months to remove conditions.

 

Removal of Conditions Begins by end of first week of February

 

  • February 5, 2019   - Printing package;
  • February 11, 2019 - ROC package mailed;
  • February 13, 2019 - Package delivered to Dallas Tx;
  • February 15, 2019 - Credit Card Charged;
  • February 19, 2019 - Electronic Notification Rec'd, Case Location LIN - Nebraska;
  • February 21, 2019 - Received NOA with 18 month extension for wife ONLY, not 14yo dependent who is on application;
  • March 12, 2019      - Notified USCIS that we never rcvd i797 for 14 yo minor, they provided a case # and submitted a Svc Request
  • May 2.2019             -  No forward motion, we called again and despite there was an officer assigned to this service request nothing happened/ no extension. We filed an InfoPass and have an appointment for Monday 6th for passport stamp.
  • May 6, 2019 - Attended InfoPass appointment in Philadelphia local USCIS local office for 930. This was for a never rcvd 797 for our 14yo dependent. Arrived 9:15, not crowded at all. No extra photos or fingerprint taken. We were in the car (lots of parking available) at 945. Pleasant female officer, she updated and checked for no changes. Stamped passport, explained is valid for 1 year. The took the green card which expired 5/4/19. No issues or problems.. I asked about the non receipt and she said it's pretty common.. 
  • August 23 - Biometrics NOA, scheduled for 9/3 @1pm
  • September 3 - Biometrics
  • September 4 -Fingerprint Review was completed
  • January 8 - ROC, Card Being Processed, Citizenship is next!
  • January 15 - Card Delivered
     

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Chances are slim. It'll cost her $160 to find out. Depending on how badly she wants to go, she should pay for a lawyer specialised in this.

My husband was denied a UK visa and has a permanent ban from the UK (not because our marriage as believed to be fraudulent but because of a criminal conviction from the early 90s). We didn't divorce. We became more determined than ever to be together and moved to plan B - I move to the USA. Wasn't what we planned or how we pictured our married life but we have to play with the cards that life has dealt us.


 

 

 

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Filed: Timeline

No you cant prove that a now dissolved marriage after a Cr1 spousal visa denial was ever real. In fact the divorce just proves the counter point even more so. On top of that, the previously applied for visa shows intent to stay in the USA so her chances are pretty slim. Her best bet is to wait for the US to finally complete a Colombia visa waiver program... They started it in 2-14 but takes years. Her son can also petitioner her but could be waste of $$ if she is banned for fraud.

A ban for fraud and/or misrepresentation would apply to anyone in a visa waiver country also, so waiting for Colombia to be added to the VWP is a waste of time (and likely something that is far off in the future). OP said her husband was a permanent resident, so he cannot petition his mother until/unless he is a US citizen.

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