Case moved to fraud department

[Baz20 42]

I also made an error on the travel history date on N400 application. It was an error of 3 years. 😉

I did not even realize it until after 10 months of filling the application and my background check took almost 12 months. 

 

I applied under 5-years rule and this was not even brought up during the interview. I think your friend's problem could be more than just a typo on the date. 

[CJlove 147]

Has anyone witnessed a similar case like this before? If you have, can you attach the link? I couldn’t find one... 

[Boiler 43,381]

3 minutes ago, CJlove said:

Has anyone witnessed a similar case like this before? If you have, can you attach the link? I couldn’t find one... 

We do not know what the case is so that would be difficult. 

[Ben&Zian 4,397]

Much more ellaborate information is needed as to the specific answers given, and exact history since immigration, because without that and everything word for word, no one can give an answer, and even then, it's probably just a strong assumption... only USCIS can decide one way or the other. Only good advice really is answer any RFE to the fullest extent as asked for, and always be honest. Friend or not, if USCIS finds something in the past, a lie or whatever, then your "friend" is due all deserved justice by revoking of their petitions. Sorry, honesty usually hurts the worst, but that''s reality. 

[CJlove 147]

Thanks everyone! I think there’s enough good advice on here to relay the message. I did attach the link to my friend. I will keep you posted for those of you who are interested, if she wants to share her letter content with me. Thanks! 🤗

[USS_Voyager 1,971]

I know a very good and dedicated lawyer. I only did a paid consultation with her once but could immediately tell that she is an excellent lawyer. Reply if you want her information 

[Going through 5,668]

4 hours ago, CJlove said:

No, just her one ex-husband, and no one else has petitioned for her. The IO didn't believe her words, largely because she knew that her husband was cheating on her, and didn't file for divorce 2 years later? Also, because my friend was panicking, she lost words. To many questions, she replied that she didn't remember. For example, "When and where did you file for divorce?", she told me she said, "I don't remember," 

So when the marriage began to break down, did she (or he) move out of the marital home soon after her arrival to the US?  When her GC was approved, had the marriage already broken down by then? 

[CJlove 147]

7 minutes ago, Going through said:

So when the marriage began to break down, did she (or he) move out of the marital home soon after her arrival to the US?  When her GC was approved, had the marriage already broken down by then? 

No, she moved out from NY, and moved to Hawaii. Two years later (after 2 years In Hawaii), she filed for divorce. So, naturally, the officer questioned her motives, “Why did you not file divorced then? Why was 10 year GC priority over divorce?” 

Edited February 19, 2019 by CJlove

[Going through 5,668]

2 minutes ago, CJlove said:

No, she moved out from NY, and moved to Hawaii. Two years later (after 2 years In Hawaii), she filed for divorce. So, naturally, the officer questioned her motives, “Why did you not file divorced then? Why was 10 year GC priority over divorce?” 

What did she say in response to those two questions?  I can kind of understand the IO's thinking....if the reason for the divorce was his cheating/baby, then why didn't she divorce when it happened instead of waiting until after the GC was received to divorce him for the same reasons...

Edited February 19, 2019 by Going through

[CJlove 147]

4 minutes ago, Going through said:

What did she say in response to those two questions?

To be honest (and I would too if I was in her shoes), she wanted to live here. Therefore, she wanted the GC. She was married over 2 years, his then mistress was pregnant, overall, an unfair situation. However, again, she was panicking and said, “I don’t know....”

 

Well, I wish she would chime in.. I gave her the link. I don’t know in details, since she was upset explaining all these. 

Edited February 19, 2019 by CJlove

[Going through 5,668]

11 minutes ago, CJlove said:

To be honest (and I would too if I was in her shoes), she wanted to live here. Therefore, she wanted the GC. She was married over 2 years, his then mistress was pregnant, overall, an unfair situation. However, again, she was panicking and said, “I don’t know....”

So then it may have been fair for the IO to presume she remained in the marriage for immigration benefits only, and the case rightfully moved to the fraud department.  

 

The interview questions on the move to Hawaii may have been the IO trying to determine if she also was in a relationship with someone else during her marriage.

 

I do agree, as others have mentioned, that she still may not be telling you the full story of things (either the timeline of relevant events/full interview experience)...unfortunate since you are trying to help her however you can at this point.  The fact that lawyers have refused taking her case speaks volumes, imo.  And if she is "clamming up" on you (as you mentioned before), it may be a result of embarrassment to share further details.  

 

In the end, harder for VJ members to give more solid advice/outlook/suggest steps going forward without the full story.

 

 

Edited February 19, 2019 by Going through

[CJlove 147]

1 minute ago, Going through said:

So then it may have been fair for the IO to presume she remained in the marriage for immigration benefits only, and the case rightfully moved to the fraud department.  

 

The interview questions on the move to Hawaii may have been the IO trying to determine if she also was in a relationship with someone else during her marriage.

 

I do agree, as others have mentioned, that she still may not be telling you the full story of things (either the timeline of relevant events/full interview experience)...unfortunate since you are trying to help her however you can at this point.  The fact that lawyers have refused taking her case speaks volumes, imo.  And if she is "clamming up" on you (as you mentioned before), it may be a result of embarrassment to share further details.

 

 

Wow! You said it with sound and reason. Thanks! 😯

[Boiler 43,381]

You make it sound like she possibly removed conditions based on being in a marital union when she was not.

[CJlove 147]

19 minutes ago, Boiler said:

You make it sound like she possibly removed conditions based on being in a marital union when she was not.

I don’t understand. 

[Going through 5,668]

Basically that she was pretending everything was hunky-dory in the marriage during the ROC process...the fact that she filed for divorce almost immediately after the 10-year GC was received (when before she seemed "fine" with remaining married for another 2 years during the affair) wouldn't have looked good.  Questionable if the husband knew she was planning on divorcing him after the ROC, or if he was thinking she'd forgiven him for the affair since she'd "lived with it" for 2 years now.

 

I hate to say it, but the more the surface of her situation is described in this thread, the more it begins to sound like a case of immigration fraud/remaining married just to get the 10-year GC.

Edited February 19, 2019 by Going through