Brian1967##

Hello again I thought I would start this topic, there is so much information out there about the I864. Some of it true and a lot of false information. The next I am not a lawyer, nor am I trying to practice law without a permit. There are many things I have been told about the I864..it is a contract between you and the government and your immigrant spouse cannot sue you. So here are some facts I have found out and I am trying to dispel some of the "bunk" floating around out there.
1) can my immigrant spouse sue me if we divorce...the answer is yes she can...she can sue you and get a lot of money (Stump v Stump). There is a legel reason that she needs to work in the case from the 6th Circuit Court of Apples in Corpus Christi, Texas (Liu V Liu) nowhere does it say in the I864 that you immigrant spouse has to even look for a job. You being the sponsor are responsible for maintain the sponsored immigrant at 125% of the poverty line. There are several states out there now that use the I864 as a bar or means to determine spousal support if you live in the following states expect to see this form in your states divorce court because it has been upheld New York, New Jersey, Michigan, Ohio, California, Florida it is becoming more and more common in the state courts as the federal courts are and should be growing tired of deciding family law witch belongings in the state courts. Your immigrant spouse will have to sue you in federal court, in Texas the I864 has been upheld in the 6th (Liu V Liu) and in the 7th Circuit court (Kamali V Kamali). It should be strongly noted that both of these cases to the best of my research as of this posting Liu V Liu...Mr. Liu was found guilty of Domestic Violence. Dr. Kamali was found at fault in his divorce of repeated adultery.
2) the other big misnomer...my wife can sue me if she has a conditional green card...false...An important condition has been recognized under the latest iteration of the I864 (revised 09/19/2011) Under the new form it would appear that a beneficiary must achieve lawful permanent resident status (LPR) in order to sue in federal court please note the new language of the current I864 reads "the intending immigrant's becoming a permanent resident is the consideration of the contract" The important difference occurs where the new form clarifies the differences that the sponsors obligation's commence, "if and attending immigrant becomes a permanent resident in the United States based on the I864 form you signed" in a Virginia case (Chavez V Chavez) the Virginia court concluded that becoming a resident is a condition precedent. This result is consistent with the understanding of the Department Of homeland Security, which has expressly considered and endorsed the view that a sponsor's support duties only arise after the intending immigrant acquires status.
3) Defense of the USC to not pay support under the I864 are standard defenses Lack Of Consideration (please note the new language of the form has not been challenged in court and could be attacked using this defense ),unconscionability, fraud, Impossibility, Adhesion..
4) damages how to determine the level of support there is precedent that states you only have to make up the defiance to make the immigrant get upto the 125% of the poverty line, and courts have defined in several cases on what is income to the immigrant spouse. Student grants are income affordable housing vouchers are income. Note student loans are debt and not income; gifts are not income child support is not income for the spouse it is for the child and will never be taken into consideration
5) Failure to mitigate (Liu V Mund or Liu V Liu) out of 7th Circuit) this was a huge case for the I864. the 7th Circuit held that there is no duty of the immigrant spouse to mitigate damages by seeking a job. Though not actually a "duty" as such, a party "cannot recover damages for a loss that he/she could have avoided by reasonable efforts" Ms. Liu lost this case on the basis at summary judgment on the finding she had no sought active work during the period for which the support was sought. I.E. if your immigrant spouse leaves you she/he must find a job and work to offset your losses is what this read to me
Departing from other states in Florida the case of Winters V Winters federal court recently stated that it lacked subject matter jurisdiction over an I864 contract action against a sponsor. The court stated a move to clarify that the suit the immigrant spouse brought sounded only on contract law and was predicated on the underlying immigrant statue, the case was a suit on the contract, and did "not involve the validity, construction or effect of federal law, but the construction of the contract" U.S.C. 1183 a (e)(1) speaks only of the jurisdiction in an "appropriate court" without specifying what is the right court to enforce the document. WOW this is a huge change in impact for this form should it be kicked back to the states or will immigrant spouse clog up the federal court systems with a bunch of what is vied as traditional state court area.
THE HUGE TIME BOMB... ROOKER FELDMAN DOCTRINE...if your immigrate spouse brings this form up in state court it is possible for her to resue you in federal court if she/he does not like the outcome in a state court. However a federal court is not likely to entertain the thought of rechewing the apple that your spouse is eating in federal court. Do state courts have jurisdiction of claims under the I864..you bet, this should not be a surprise the form clearly states in can be enforced in nearly any court of jurisdiction.
Next Item are the obligations of the I864 dischargeable in bankruptcy court...no they are not
How the spousal alamoniy is used or applied please see the following cases in Pennsylvania Love v Love and in Michigan and on the flip side in Michigan see the case of Greenleaf v Greenleaf
can you prenup around the I864? in the case of Blain v Harrell a couple in Hawaii signed a pre nup and the spouse waived her rights to sue under the I864 and it was upheld and that the prenup was enforceable But note the immigrant spouse still filed a pro se action in federal court under the Rooker Feldman Doctrine. The immigrant lost in federal court on the basis that he/she waived her right to sue in court
Can you settle the federal issue in state court..yes you can if the spouse is a adult and of sound mind can surrender his or her right to sue in federal court. But this could still be tested in a court under rooker Feldman. If your divorce attorney is saying they can get you out of the federal lawsuit you should be very cautious of this promise because this is really a contact between you and the federal government your immigrant spouse is the third party beneficiary and I do not think the federal government is going to redo the I864 so you do not have to pay alimony...sorry folks
Folks this form is not state law not really federal law the court go aginst each other and there is no real set staute on any state of federal level it just is up to the judge you are in front of. So this is what should be call a "hybrid type" of law. So it might mean that in a divorce from a immigrant spouse you might need a state divorce attorney, a immigration attorney and then a federal attorney...this amout of lawyers could work out anyone's wallet.
Please note the information was gathered from many sources but to read the whole article please see http://ssrn.com/abstract=2192275
Hope this helps and did not put anyone to sleep. Ruth

Hello again I thought I would start this topic, there is so much information out there about the I864. Some of it true and a lot of false information. The next I am not a lawyer, nor am I trying to practice law without a permit. There are many things I have been told about the I864..it is a contract between you and the government and your immigrant spouse cannot sue you. So here are some facts I have found out and I am trying to dispel some of the "bunk" floating around out there.
1) can my immigrant spouse sue me if we divorce...the answer is yes she can...she can sue you and get a lot of money (Stump v Stump). There is a legel reason that she needs to work in the case from the 6th Circuit Court of Apples in Corpus Christi, Texas (Liu V Liu) nowhere does it say in the I864 that you immigrant spouse has to even look for a job. You being the sponsor are responsible for maintain the sponsored immigrant at 125% of the poverty line. There are several states out there now that use the I864 as a bar or means to determine spousal support if you live in the following states expect to see this form in your states divorce court because it has been upheld New York, New Jersey, Michigan, Ohio, California, Florida it is becoming more and more common in the state courts as the federal courts are and should be growing tired of deciding family law witch belongings in the state courts. Your immigrant spouse will have to sue you in federal court, in Texas the I864 has been upheld in the 6th (Liu V Liu) and in the 7th Circuit court (Kamali V Kamali). It should be strongly noted that both of these cases to the best of my research as of this posting Liu V Liu...Mr. Liu was found guilty of Domestic Violence. Dr. Kamali was found at fault in his divorce of repeated adultery.
2) the other big misnomer...my wife can sue me if she has a conditional green card...false...An important condition has been recognized under the latest iteration of the I864 (revised 09/19/2011) Under the new form it would appear that a beneficiary must achieve lawful permanent resident status (LPR) in order to sue in federal court please note the new language of the current I864 reads "the intending immigrant's becoming a permanent resident is the consideration of the contract" The important difference occurs where the new form clarifies the differences that the sponsors obligation's commence, "if and attending immigrant becomes a permanent resident in the United States based on the I864 form you signed" in a Virginia case (Chavez V Chavez) the Virginia court concluded that becoming a resident is a condition precedent. This result is consistent with the understanding of the Department Of homeland Security, which has expressly considered and endorsed the view that a sponsor's support duties only arise after the intending immigrant acquires status.
3) Defense of the USC to not pay support under the I864 are standard defenses Lack Of Consideration (please note the new language of the form has not been challenged in court and could be attacked using this defense ),unconscionability, fraud, Impossibility, Adhesion..
4) damages how to determine the level of support there is precedent that states you only have to make up the defiance to make the immigrant get upto the 125% of the poverty line, and courts have defined in several cases on what is income to the immigrant spouse. Student grants are income affordable housing vouchers are income. Note student loans are debt and not income; gifts are not income child support is not income for the spouse it is for the child and will never be taken into consideration
5) Failure to mitigate (Liu V Mund or Liu V Liu) out of 7th Circuit) this was a huge case for the I864. the 7th Circuit held that there is no duty of the immigrant spouse to mitigate damages by seeking a job. Though not actually a "duty" as such, a party "cannot recover damages for a loss that he/she could have avoided by reasonable efforts" Ms. Liu lost this case on the basis at summary judgment on the finding she had no sought active work during the period for which the support was sought. I.E. if your immigrant spouse leaves you she/he must find a job and work to offset your losses is what this read to me
Departing from other states in Florida the case of Winters V Winters federal court recently stated that it lacked subject matter jurisdiction over an I864 contract action against a sponsor. The court stated a move to clarify that the suit the immigrant spouse brought sounded only on contract law and was predicated on the underlying immigrant statue, the case was a suit on the contract, and did "not involve the validity, construction or effect of federal law, but the construction of the contract" U.S.C. 1183 a (e)(1) speaks only of the jurisdiction in an "appropriate court" without specifying what is the right court to enforce the document. WOW this is a huge change in impact for this form should it be kicked back to the states or will immigrant spouse clog up the federal court systems with a bunch of what is vied as traditional state court area.
THE HUGE TIME BOMB... ROOKER FELDMAN DOCTRINE...if your immigrate spouse brings this form up in state court it is possible for her to resue you in federal court if she/he does not like the outcome in a state court. However a federal court is not likely to entertain the thought of rechewing the apple that your spouse is eating in federal court. Do state courts have jurisdiction of claims under the I864..you bet, this should not be a surprise the form clearly states in can be enforced in nearly any court of jurisdiction.
Next Item are the obligations of the I864 dischargeable in bankruptcy court...no they are not
How the spousal alamoniy is used or applied please see the following cases in Pennsylvania Love v Love and in Michigan and on the flip side in Michigan see the case of Greenleaf v Greenleaf
can you prenup around the I864? in the case of Blain v Harrell a couple in Hawaii signed a pre nup and the spouse waived her rights to sue under the I864 and it was upheld and that the prenup was enforceable But note the immigrant spouse still filed a pro se action in federal court under the Rooker Feldman Doctrine. The immigrant lost in federal court on the basis that he/she waived her right to sue in court
Can you settle the federal issue in state court..yes you can if the spouse is a adult and of sound mind can surrender his or her right to sue in federal court. But this could still be tested in a court under rooker Feldman. If your divorce attorney is saying they can get you out of the federal lawsuit you should be very cautious of this promise because this is really a contact between you and the federal government your immigrant spouse is the third party beneficiary and I do not think the federal government is going to redo the I864 so you do not have to pay alimony...sorry folks
Folks this form is not state law not really federal law the court go aginst each other and there is no real set staute on any state of federal level it just is up to the judge you are in front of. So this is what should be call a "hybrid type" of law. So it might mean that in a divorce from a immigrant spouse you might need a state divorce attorney, a immigration attorney and then a federal attorney...this amout of lawyers could work out anyone's wallet.
Please note the information was gathered from many sources but to read the whole article please see http://ssrn.com/abstract=2192275
Hope this helps and did not put anyone to sleep. Ruth

Well I thought I would start this topic it is something new and I want to tell folks there is are several different way to report fraud to USCIS. In my long road over the past several months I have some information I wanted to pass on.
If the USC spouse thinks they are a victim of marriage fraud or their immigrant spouse entered into a shame marriage for the sole purpose of gaining immigration benefits. Please make a info pass appointment, when you arrive ask to speak to the on duty FDNS officer.
FDNS.......Fraud Detection & National Security Directorate. This is the Department within USCIS that will investigate individual marriage fraud/ visa fraud cases/ false VAWA claims.
This department is within USCIS, that several years ago was "upgraded" to the directorate level in order to combat small scale fraud within the system, the FDNS does not conduct interviews for green cards, that is for the IO's in each office, what FDNS will do is work with the IO's and ICE and any DHS officers and local law enforcement. To give you a hint how overwhelmed the system is the are three officers assigned to the South Texas Area ( this line is from Del Rio all the way to Houston almost) these officers function with a crushing workload . They will come down and listen to what you have to say and take notes.
Please note do not waste people's time with a bitterness and just go in there and vent...take PROOF, from a outside source or from the police or a court official, something someone can pick up the phone and confirm.
After you see this officer, they either will or will not have a investigation, you will never know, if proof is provided they will look into it. Also, to some folks it is like I told them why will they not come and get my ex spouse and send her home? There is not a immigrant bus that runs around and knocks on doors and the USCIS driver says "Okay, time to go home" It can take up to a year to deport/remove your immigrant ex-spouse (with appeals).
Also do not call back and ask for a update according to the Privacy Act of 1974 they are not allowed to discuss your ex spouses case with you, her green card is not between you, her and the government it is between her and the government, it is the immigrant's green card.
A bad or rough marriage that is terminated does not mean you are a victim of fraud, it means there was a bad marriage, USC's please ALWAYS think, your spouse is under a horrible amount of strain, make new friends, no family, maybe lost expectations, twisted thinking, and to top it all off you are fighting with the person you depend on for support, PLEASE I ask all USC's if your marriage is in trouble or a divorce is filed please, get to a marriage consular ASAP. (if they will go) (even if your spouse is cheating the marriage can still be saved in my thoughts).
Reporting a false VAWA claim or blocking a false VAWA claim is very hard but can be done. Once again you must have proof. If there is a police report written that shows you the USC as the aggressive party more than likely there is a claim. Always remember there is many different kinds of abuse out there some immigrant spouse's here have been victims of physical abuse, and there is just cause for the claim, some it is mental abuse or emotional abuse. Please, note to any USC that files with USCIS to block these claims they are not criminal complaints against you, it is a administrative process, if it was criminal you could face the accuser in a court of law (this is a constitutional right), which is why USCIS makes this administrative in nature. I am sure there are many spouses that will back up the claim a VAWA process is not easy and it takes a LONG time to do and the immigrant is in "limbo", is the system abused...yes but claims take so long to adjudicate that VAWA IO's look for ANY proof of fraud or a false claim, I think most of the lady's on VAWA part 4 will say almost all of them get some kind of RFE. IMHO some of the women are abused simply because their USC spouse does not want to get them a green card to keep control (USC please, even of the marriage is rough, get the green card, your immigrant spouse should be allowed a stable safe environment to live and not having a green card could be very scary).
I urge and USC's that are filing this type of claim to be very careful and do not act out of emotion and look long and hard over the course of your marriage and think to decide weather you have been "duped". Do some immigrants come here and abuse the system...yes are they caught? sometimes yes and sometimes no.
An example I use to work in a bar where a lot of IO's used to come in and relax, there was a story I overheard them talking about, A lady from Russia moved here 18 years ago and recently was just sent back to Russia, why? Fraud at the inception of marriage for the purpose to gain immigration benefits, she was put in jail and put on the next full plane back to Russia. 18 years well it took awhile and it is not like I heard the story you could hear the whispers around the table. The system works
Also I ask if you know of any human smuggling or any time of activity that involves human trafficking to notify ICE ASAP, call you local office or 1 866 DHS 2 ICE. Help stop this from happening.
One last thing USC's the chances of being taken to federal court under the I864 are very small, this form is used in a few states as a bar for spousal support. But always remember it takes a special degree or permit to practice law on the federal level, one case out of Florida Federal Court (Winters v Winters) rejected the federal case stating that these type of cases belong on the state court level.
I hope this is helpful to people:)

I wish more people. Would cone forward to tell their stories. Thanks

Well I thought I would start this topic it is something new and I want to tell folks there is are several different way to report fraud to USCIS. In my long road over the past several months I have some information I wanted to pass on.
If the USC spouse thinks they are a victim of marriage fraud or their immigrant spouse entered into a shame marriage for the sole purpose of gaining immigration benefits. Please make a info pass appointment, when you arrive ask to speak to the on duty FDNS officer.
FDNS.......Fraud Detection & National Security Directorate. This is the Department within USCIS that will investigate individual marriage fraud/ visa fraud cases/ false VAWA claims.
This department is within USCIS, that several years ago was "upgraded" to the directorate level in order to combat small scale fraud within the system, the FDNS does not conduct interviews for green cards, that is for the IO's in each office, what FDNS will do is work with the IO's and ICE and any DHS officers and local law enforcement. To give you a hint how overwhelmed the system is the are three officers assigned to the South Texas Area ( this line is from Del Rio all the way to Houston almost) these officers function with a crushing workload . They will come down and listen to what you have to say and take notes.
Please note do not waste people's time with a bitterness and just go in there and vent...take PROOF, from a outside source or from the police or a court official, something someone can pick up the phone and confirm.
After you see this officer, they either will or will not have a investigation, you will never know, if proof is provided they will look into it. Also, to some folks it is like I told them why will they not come and get my ex spouse and send her home? There is not a immigrant bus that runs around and knocks on doors and the USCIS driver says "Okay, time to go home" It can take up to a year to deport/remove your immigrant ex-spouse (with appeals).
Also do not call back and ask for a update according to the Privacy Act of 1974 they are not allowed to discuss your ex spouses case with you, her green card is not between you, her and the government it is between her and the government, it is the immigrant's green card.
A bad or rough marriage that is terminated does not mean you are a victim of fraud, it means there was a bad marriage, USC's please ALWAYS think, your spouse is under a horrible amount of strain, make new friends, no family, maybe lost expectations, twisted thinking, and to top it all off you are fighting with the person you depend on for support, PLEASE I ask all USC's if your marriage is in trouble or a divorce is filed please, get to a marriage consular ASAP. (if they will go) (even if your spouse is cheating the marriage can still be saved in my thoughts).
Reporting a false VAWA claim or blocking a false VAWA claim is very hard but can be done. Once again you must have proof. If there is a police report written that shows you the USC as the aggressive party more than likely there is a claim. Always remember there is many different kinds of abuse out there some immigrant spouse's here have been victims of physical abuse, and there is just cause for the claim, some it is mental abuse or emotional abuse. Please, note to any USC that files with USCIS to block these claims they are not criminal complaints against you, it is a administrative process, if it was criminal you could face the accuser in a court of law (this is a constitutional right), which is why USCIS makes this administrative in nature. I am sure there are many spouses that will back up the claim a VAWA process is not easy and it takes a LONG time to do and the immigrant is in "limbo", is the system abused...yes but claims take so long to adjudicate that VAWA IO's look for ANY proof of fraud or a false claim, I think most of the lady's on VAWA part 4 will say almost all of them get some kind of RFE. IMHO some of the women are abused simply because their USC spouse does not want to get them a green card to keep control (USC please, even of the marriage is rough, get the green card, your immigrant spouse should be allowed a stable safe environment to live and not having a green card could be very scary).
I urge and USC's that are filing this type of claim to be very careful and do not act out of emotion and look long and hard over the course of your marriage and think to decide weather you have been "duped". Do some immigrants come here and abuse the system...yes are they caught? sometimes yes and sometimes no.
An example I use to work in a bar where a lot of IO's used to come in and relax, there was a story I overheard them talking about, A lady from Russia moved here 18 years ago and recently was just sent back to Russia, why? Fraud at the inception of marriage for the purpose to gain immigration benefits, she was put in jail and put on the next full plane back to Russia. 18 years well it took awhile and it is not like I heard the story you could hear the whispers around the table. The system works
Also I ask if you know of any human smuggling or any time of activity that involves human trafficking to notify ICE ASAP, call you local office or 1 866 DHS 2 ICE. Help stop this from happening.
One last thing USC's the chances of being taken to federal court under the I864 are very small, this form is used in a few states as a bar for spousal support. But always remember it takes a special degree or permit to practice law on the federal level, one case out of Florida Federal Court (Winters v Winters) rejected the federal case stating that these type of cases belong on the state court level.
I hope this is helpful to people:)

Well I thought I would start this topic it is something new and I want to tell folks there is are several different way to report fraud to USCIS. In my long road over the past several months I have some information I wanted to pass on.
If the USC spouse thinks they are a victim of marriage fraud or their immigrant spouse entered into a shame marriage for the sole purpose of gaining immigration benefits. Please make a info pass appointment, when you arrive ask to speak to the on duty FDNS officer.
FDNS.......Fraud Detection & National Security Directorate. This is the Department within USCIS that will investigate individual marriage fraud/ visa fraud cases/ false VAWA claims.
This department is within USCIS, that several years ago was "upgraded" to the directorate level in order to combat small scale fraud within the system, the FDNS does not conduct interviews for green cards, that is for the IO's in each office, what FDNS will do is work with the IO's and ICE and any DHS officers and local law enforcement. To give you a hint how overwhelmed the system is the are three officers assigned to the South Texas Area ( this line is from Del Rio all the way to Houston almost) these officers function with a crushing workload . They will come down and listen to what you have to say and take notes.
Please note do not waste people's time with a bitterness and just go in there and vent...take PROOF, from a outside source or from the police or a court official, something someone can pick up the phone and confirm.
After you see this officer, they either will or will not have a investigation, you will never know, if proof is provided they will look into it. Also, to some folks it is like I told them why will they not come and get my ex spouse and send her home? There is not a immigrant bus that runs around and knocks on doors and the USCIS driver says "Okay, time to go home" It can take up to a year to deport/remove your immigrant ex-spouse (with appeals).
Also do not call back and ask for a update according to the Privacy Act of 1974 they are not allowed to discuss your ex spouses case with you, her green card is not between you, her and the government it is between her and the government, it is the immigrant's green card.
A bad or rough marriage that is terminated does not mean you are a victim of fraud, it means there was a bad marriage, USC's please ALWAYS think, your spouse is under a horrible amount of strain, make new friends, no family, maybe lost expectations, twisted thinking, and to top it all off you are fighting with the person you depend on for support, PLEASE I ask all USC's if your marriage is in trouble or a divorce is filed please, get to a marriage consular ASAP. (if they will go) (even if your spouse is cheating the marriage can still be saved in my thoughts).
Reporting a false VAWA claim or blocking a false VAWA claim is very hard but can be done. Once again you must have proof. If there is a police report written that shows you the USC as the aggressive party more than likely there is a claim. Always remember there is many different kinds of abuse out there some immigrant spouse's here have been victims of physical abuse, and there is just cause for the claim, some it is mental abuse or emotional abuse. Please, note to any USC that files with USCIS to block these claims they are not criminal complaints against you, it is a administrative process, if it was criminal you could face the accuser in a court of law (this is a constitutional right), which is why USCIS makes this administrative in nature. I am sure there are many spouses that will back up the claim a VAWA process is not easy and it takes a LONG time to do and the immigrant is in "limbo", is the system abused...yes but claims take so long to adjudicate that VAWA IO's look for ANY proof of fraud or a false claim, I think most of the lady's on VAWA part 4 will say almost all of them get some kind of RFE. IMHO some of the women are abused simply because their USC spouse does not want to get them a green card to keep control (USC please, even of the marriage is rough, get the green card, your immigrant spouse should be allowed a stable safe environment to live and not having a green card could be very scary).
I urge and USC's that are filing this type of claim to be very careful and do not act out of emotion and look long and hard over the course of your marriage and think to decide weather you have been "duped". Do some immigrants come here and abuse the system...yes are they caught? sometimes yes and sometimes no.
An example I use to work in a bar where a lot of IO's used to come in and relax, there was a story I overheard them talking about, A lady from Russia moved here 18 years ago and recently was just sent back to Russia, why? Fraud at the inception of marriage for the purpose to gain immigration benefits, she was put in jail and put on the next full plane back to Russia. 18 years well it took awhile and it is not like I heard the story you could hear the whispers around the table. The system works
Also I ask if you know of any human smuggling or any time of activity that involves human trafficking to notify ICE ASAP, call you local office or 1 866 DHS 2 ICE. Help stop this from happening.
One last thing USC's the chances of being taken to federal court under the I864 are very small, this form is used in a few states as a bar for spousal support. But always remember it takes a special degree or permit to practice law on the federal level, one case out of Florida Federal Court (Winters v Winters) rejected the federal case stating that these type of cases belong on the state court level.
I hope this is helpful to people:)

Well I thought I would start this topic it is something new and I want to tell folks there is are several different way to report fraud to USCIS. In my long road over the past several months I have some information I wanted to pass on.
If the USC spouse thinks they are a victim of marriage fraud or their immigrant spouse entered into a shame marriage for the sole purpose of gaining immigration benefits. Please make a info pass appointment, when you arrive ask to speak to the on duty FDNS officer.
FDNS.......Fraud Detection & National Security Directorate. This is the Department within USCIS that will investigate individual marriage fraud/ visa fraud cases/ false VAWA claims.
This department is within USCIS, that several years ago was "upgraded" to the directorate level in order to combat small scale fraud within the system, the FDNS does not conduct interviews for green cards, that is for the IO's in each office, what FDNS will do is work with the IO's and ICE and any DHS officers and local law enforcement. To give you a hint how overwhelmed the system is the are three officers assigned to the South Texas Area ( this line is from Del Rio all the way to Houston almost) these officers function with a crushing workload . They will come down and listen to what you have to say and take notes.
Please note do not waste people's time with a bitterness and just go in there and vent...take PROOF, from a outside source or from the police or a court official, something someone can pick up the phone and confirm.
After you see this officer, they either will or will not have a investigation, you will never know, if proof is provided they will look into it. Also, to some folks it is like I told them why will they not come and get my ex spouse and send her home? There is not a immigrant bus that runs around and knocks on doors and the USCIS driver says "Okay, time to go home" It can take up to a year to deport/remove your immigrant ex-spouse (with appeals).
Also do not call back and ask for a update according to the Privacy Act of 1974 they are not allowed to discuss your ex spouses case with you, her green card is not between you, her and the government it is between her and the government, it is the immigrant's green card.
A bad or rough marriage that is terminated does not mean you are a victim of fraud, it means there was a bad marriage, USC's please ALWAYS think, your spouse is under a horrible amount of strain, make new friends, no family, maybe lost expectations, twisted thinking, and to top it all off you are fighting with the person you depend on for support, PLEASE I ask all USC's if your marriage is in trouble or a divorce is filed please, get to a marriage consular ASAP. (if they will go) (even if your spouse is cheating the marriage can still be saved in my thoughts).
Reporting a false VAWA claim or blocking a false VAWA claim is very hard but can be done. Once again you must have proof. If there is a police report written that shows you the USC as the aggressive party more than likely there is a claim. Always remember there is many different kinds of abuse out there some immigrant spouse's here have been victims of physical abuse, and there is just cause for the claim, some it is mental abuse or emotional abuse. Please, note to any USC that files with USCIS to block these claims they are not criminal complaints against you, it is a administrative process, if it was criminal you could face the accuser in a court of law (this is a constitutional right), which is why USCIS makes this administrative in nature. I am sure there are many spouses that will back up the claim a VAWA process is not easy and it takes a LONG time to do and the immigrant is in "limbo", is the system abused...yes but claims take so long to adjudicate that VAWA IO's look for ANY proof of fraud or a false claim, I think most of the lady's on VAWA part 4 will say almost all of them get some kind of RFE. IMHO some of the women are abused simply because their USC spouse does not want to get them a green card to keep control (USC please, even of the marriage is rough, get the green card, your immigrant spouse should be allowed a stable safe environment to live and not having a green card could be very scary).
I urge and USC's that are filing this type of claim to be very careful and do not act out of emotion and look long and hard over the course of your marriage and think to decide weather you have been "duped". Do some immigrants come here and abuse the system...yes are they caught? sometimes yes and sometimes no.
An example I use to work in a bar where a lot of IO's used to come in and relax, there was a story I overheard them talking about, A lady from Russia moved here 18 years ago and recently was just sent back to Russia, why? Fraud at the inception of marriage for the purpose to gain immigration benefits, she was put in jail and put on the next full plane back to Russia. 18 years well it took awhile and it is not like I heard the story you could hear the whispers around the table. The system works
Also I ask if you know of any human smuggling or any time of activity that involves human trafficking to notify ICE ASAP, call you local office or 1 866 DHS 2 ICE. Help stop this from happening.
One last thing USC's the chances of being taken to federal court under the I864 are very small, this form is used in a few states as a bar for spousal support. But always remember it takes a special degree or permit to practice law on the federal level, one case out of Florida Federal Court (Winters v Winters) rejected the federal case stating that these type of cases belong on the state court level.
I hope this is helpful to people:)

Well I thought I would start this topic it is something new and I want to tell folks there is are several different way to report fraud to USCIS. In my long road over the past several months I have some information I wanted to pass on.
If the USC spouse thinks they are a victim of marriage fraud or their immigrant spouse entered into a shame marriage for the sole purpose of gaining immigration benefits. Please make a info pass appointment, when you arrive ask to speak to the on duty FDNS officer.
FDNS.......Fraud Detection & National Security Directorate. This is the Department within USCIS that will investigate individual marriage fraud/ visa fraud cases/ false VAWA claims.
This department is within USCIS, that several years ago was "upgraded" to the directorate level in order to combat small scale fraud within the system, the FDNS does not conduct interviews for green cards, that is for the IO's in each office, what FDNS will do is work with the IO's and ICE and any DHS officers and local law enforcement. To give you a hint how overwhelmed the system is the are three officers assigned to the South Texas Area ( this line is from Del Rio all the way to Houston almost) these officers function with a crushing workload . They will come down and listen to what you have to say and take notes.
Please note do not waste people's time with a bitterness and just go in there and vent...take PROOF, from a outside source or from the police or a court official, something someone can pick up the phone and confirm.
After you see this officer, they either will or will not have a investigation, you will never know, if proof is provided they will look into it. Also, to some folks it is like I told them why will they not come and get my ex spouse and send her home? There is not a immigrant bus that runs around and knocks on doors and the USCIS driver says "Okay, time to go home" It can take up to a year to deport/remove your immigrant ex-spouse (with appeals).
Also do not call back and ask for a update according to the Privacy Act of 1974 they are not allowed to discuss your ex spouses case with you, her green card is not between you, her and the government it is between her and the government, it is the immigrant's green card.
A bad or rough marriage that is terminated does not mean you are a victim of fraud, it means there was a bad marriage, USC's please ALWAYS think, your spouse is under a horrible amount of strain, make new friends, no family, maybe lost expectations, twisted thinking, and to top it all off you are fighting with the person you depend on for support, PLEASE I ask all USC's if your marriage is in trouble or a divorce is filed please, get to a marriage consular ASAP. (if they will go) (even if your spouse is cheating the marriage can still be saved in my thoughts).
Reporting a false VAWA claim or blocking a false VAWA claim is very hard but can be done. Once again you must have proof. If there is a police report written that shows you the USC as the aggressive party more than likely there is a claim. Always remember there is many different kinds of abuse out there some immigrant spouse's here have been victims of physical abuse, and there is just cause for the claim, some it is mental abuse or emotional abuse. Please, note to any USC that files with USCIS to block these claims they are not criminal complaints against you, it is a administrative process, if it was criminal you could face the accuser in a court of law (this is a constitutional right), which is why USCIS makes this administrative in nature. I am sure there are many spouses that will back up the claim a VAWA process is not easy and it takes a LONG time to do and the immigrant is in "limbo", is the system abused...yes but claims take so long to adjudicate that VAWA IO's look for ANY proof of fraud or a false claim, I think most of the lady's on VAWA part 4 will say almost all of them get some kind of RFE. IMHO some of the women are abused simply because their USC spouse does not want to get them a green card to keep control (USC please, even of the marriage is rough, get the green card, your immigrant spouse should be allowed a stable safe environment to live and not having a green card could be very scary).
I urge and USC's that are filing this type of claim to be very careful and do not act out of emotion and look long and hard over the course of your marriage and think to decide weather you have been "duped". Do some immigrants come here and abuse the system...yes are they caught? sometimes yes and sometimes no.
An example I use to work in a bar where a lot of IO's used to come in and relax, there was a story I overheard them talking about, A lady from Russia moved here 18 years ago and recently was just sent back to Russia, why? Fraud at the inception of marriage for the purpose to gain immigration benefits, she was put in jail and put on the next full plane back to Russia. 18 years well it took awhile and it is not like I heard the story you could hear the whispers around the table. The system works
Also I ask if you know of any human smuggling or any time of activity that involves human trafficking to notify ICE ASAP, call you local office or 1 866 DHS 2 ICE. Help stop this from happening.
One last thing USC's the chances of being taken to federal court under the I864 are very small, this form is used in a few states as a bar for spousal support. But always remember it takes a special degree or permit to practice law on the federal level, one case out of Florida Federal Court (Winters v Winters) rejected the federal case stating that these type of cases belong on the state court level.
I hope this is helpful to people:)

Well I thought I would start this topic it is something new and I want to tell folks there is are several different way to report fraud to USCIS. In my long road over the past several months I have some information I wanted to pass on.
If the USC spouse thinks they are a victim of marriage fraud or their immigrant spouse entered into a shame marriage for the sole purpose of gaining immigration benefits. Please make a info pass appointment, when you arrive ask to speak to the on duty FDNS officer.
FDNS.......Fraud Detection & National Security Directorate. This is the Department within USCIS that will investigate individual marriage fraud/ visa fraud cases/ false VAWA claims.
This department is within USCIS, that several years ago was "upgraded" to the directorate level in order to combat small scale fraud within the system, the FDNS does not conduct interviews for green cards, that is for the IO's in each office, what FDNS will do is work with the IO's and ICE and any DHS officers and local law enforcement. To give you a hint how overwhelmed the system is the are three officers assigned to the South Texas Area ( this line is from Del Rio all the way to Houston almost) these officers function with a crushing workload . They will come down and listen to what you have to say and take notes.
Please note do not waste people's time with a bitterness and just go in there and vent...take PROOF, from a outside source or from the police or a court official, something someone can pick up the phone and confirm.
After you see this officer, they either will or will not have a investigation, you will never know, if proof is provided they will look into it. Also, to some folks it is like I told them why will they not come and get my ex spouse and send her home? There is not a immigrant bus that runs around and knocks on doors and the USCIS driver says "Okay, time to go home" It can take up to a year to deport/remove your immigrant ex-spouse (with appeals).
Also do not call back and ask for a update according to the Privacy Act of 1974 they are not allowed to discuss your ex spouses case with you, her green card is not between you, her and the government it is between her and the government, it is the immigrant's green card.
A bad or rough marriage that is terminated does not mean you are a victim of fraud, it means there was a bad marriage, USC's please ALWAYS think, your spouse is under a horrible amount of strain, make new friends, no family, maybe lost expectations, twisted thinking, and to top it all off you are fighting with the person you depend on for support, PLEASE I ask all USC's if your marriage is in trouble or a divorce is filed please, get to a marriage consular ASAP. (if they will go) (even if your spouse is cheating the marriage can still be saved in my thoughts).
Reporting a false VAWA claim or blocking a false VAWA claim is very hard but can be done. Once again you must have proof. If there is a police report written that shows you the USC as the aggressive party more than likely there is a claim. Always remember there is many different kinds of abuse out there some immigrant spouse's here have been victims of physical abuse, and there is just cause for the claim, some it is mental abuse or emotional abuse. Please, note to any USC that files with USCIS to block these claims they are not criminal complaints against you, it is a administrative process, if it was criminal you could face the accuser in a court of law (this is a constitutional right), which is why USCIS makes this administrative in nature. I am sure there are many spouses that will back up the claim a VAWA process is not easy and it takes a LONG time to do and the immigrant is in "limbo", is the system abused...yes but claims take so long to adjudicate that VAWA IO's look for ANY proof of fraud or a false claim, I think most of the lady's on VAWA part 4 will say almost all of them get some kind of RFE. IMHO some of the women are abused simply because their USC spouse does not want to get them a green card to keep control (USC please, even of the marriage is rough, get the green card, your immigrant spouse should be allowed a stable safe environment to live and not having a green card could be very scary).
I urge and USC's that are filing this type of claim to be very careful and do not act out of emotion and look long and hard over the course of your marriage and think to decide weather you have been "duped". Do some immigrants come here and abuse the system...yes are they caught? sometimes yes and sometimes no.
An example I use to work in a bar where a lot of IO's used to come in and relax, there was a story I overheard them talking about, A lady from Russia moved here 18 years ago and recently was just sent back to Russia, why? Fraud at the inception of marriage for the purpose to gain immigration benefits, she was put in jail and put on the next full plane back to Russia. 18 years well it took awhile and it is not like I heard the story you could hear the whispers around the table. The system works
Also I ask if you know of any human smuggling or any time of activity that involves human trafficking to notify ICE ASAP, call you local office or 1 866 DHS 2 ICE. Help stop this from happening.
One last thing USC's the chances of being taken to federal court under the I864 are very small, this form is used in a few states as a bar for spousal support. But always remember it takes a special degree or permit to practice law on the federal level, one case out of Florida Federal Court (Winters v Winters) rejected the federal case stating that these type of cases belong on the state court level.
I hope this is helpful to people:)

Well I thought I would start this topic it is something new and I want to tell folks there is are several different way to report fraud to USCIS. In my long road over the past several months I have some information I wanted to pass on.
If the USC spouse thinks they are a victim of marriage fraud or their immigrant spouse entered into a shame marriage for the sole purpose of gaining immigration benefits. Please make a info pass appointment, when you arrive ask to speak to the on duty FDNS officer.
FDNS.......Fraud Detection & National Security Directorate. This is the Department within USCIS that will investigate individual marriage fraud/ visa fraud cases/ false VAWA claims.
This department is within USCIS, that several years ago was "upgraded" to the directorate level in order to combat small scale fraud within the system, the FDNS does not conduct interviews for green cards, that is for the IO's in each office, what FDNS will do is work with the IO's and ICE and any DHS officers and local law enforcement. To give you a hint how overwhelmed the system is the are three officers assigned to the South Texas Area ( this line is from Del Rio all the way to Houston almost) these officers function with a crushing workload . They will come down and listen to what you have to say and take notes.
Please note do not waste people's time with a bitterness and just go in there and vent...take PROOF, from a outside source or from the police or a court official, something someone can pick up the phone and confirm.
After you see this officer, they either will or will not have a investigation, you will never know, if proof is provided they will look into it. Also, to some folks it is like I told them why will they not come and get my ex spouse and send her home? There is not a immigrant bus that runs around and knocks on doors and the USCIS driver says "Okay, time to go home" It can take up to a year to deport/remove your immigrant ex-spouse (with appeals).
Also do not call back and ask for a update according to the Privacy Act of 1974 they are not allowed to discuss your ex spouses case with you, her green card is not between you, her and the government it is between her and the government, it is the immigrant's green card.
A bad or rough marriage that is terminated does not mean you are a victim of fraud, it means there was a bad marriage, USC's please ALWAYS think, your spouse is under a horrible amount of strain, make new friends, no family, maybe lost expectations, twisted thinking, and to top it all off you are fighting with the person you depend on for support, PLEASE I ask all USC's if your marriage is in trouble or a divorce is filed please, get to a marriage consular ASAP. (if they will go) (even if your spouse is cheating the marriage can still be saved in my thoughts).
Reporting a false VAWA claim or blocking a false VAWA claim is very hard but can be done. Once again you must have proof. If there is a police report written that shows you the USC as the aggressive party more than likely there is a claim. Always remember there is many different kinds of abuse out there some immigrant spouse's here have been victims of physical abuse, and there is just cause for the claim, some it is mental abuse or emotional abuse. Please, note to any USC that files with USCIS to block these claims they are not criminal complaints against you, it is a administrative process, if it was criminal you could face the accuser in a court of law (this is a constitutional right), which is why USCIS makes this administrative in nature. I am sure there are many spouses that will back up the claim a VAWA process is not easy and it takes a LONG time to do and the immigrant is in "limbo", is the system abused...yes but claims take so long to adjudicate that VAWA IO's look for ANY proof of fraud or a false claim, I think most of the lady's on VAWA part 4 will say almost all of them get some kind of RFE. IMHO some of the women are abused simply because their USC spouse does not want to get them a green card to keep control (USC please, even of the marriage is rough, get the green card, your immigrant spouse should be allowed a stable safe environment to live and not having a green card could be very scary).
I urge and USC's that are filing this type of claim to be very careful and do not act out of emotion and look long and hard over the course of your marriage and think to decide weather you have been "duped". Do some immigrants come here and abuse the system...yes are they caught? sometimes yes and sometimes no.
An example I use to work in a bar where a lot of IO's used to come in and relax, there was a story I overheard them talking about, A lady from Russia moved here 18 years ago and recently was just sent back to Russia, why? Fraud at the inception of marriage for the purpose to gain immigration benefits, she was put in jail and put on the next full plane back to Russia. 18 years well it took awhile and it is not like I heard the story you could hear the whispers around the table. The system works
Also I ask if you know of any human smuggling or any time of activity that involves human trafficking to notify ICE ASAP, call you local office or 1 866 DHS 2 ICE. Help stop this from happening.
One last thing USC's the chances of being taken to federal court under the I864 are very small, this form is used in a few states as a bar for spousal support. But always remember it takes a special degree or permit to practice law on the federal level, one case out of Florida Federal Court (Winters v Winters) rejected the federal case stating that these type of cases belong on the state court level.
I hope this is helpful to people:)

Contact FDNS at your local office and bring real proof, something that can be used in court

i am still around and follow topics...just have not left any comments:) But I am back:)

i am still around and follow topics...just have not left any comments:) But I am back:)

i am still around and follow topics...just have not left any comments:) But I am back:)

Well I thought I would start this topic it is something new and I want to tell folks there is are several different way to report fraud to USCIS. In my long road over the past several months I have some information I wanted to pass on.
If the USC spouse thinks they are a victim of marriage fraud or their immigrant spouse entered into a shame marriage for the sole purpose of gaining immigration benefits. Please make a info pass appointment, when you arrive ask to speak to the on duty FDNS officer.
FDNS.......Fraud Detection & National Security Directorate. This is the Department within USCIS that will investigate individual marriage fraud/ visa fraud cases/ false VAWA claims.
This department is within USCIS, that several years ago was "upgraded" to the directorate level in order to combat small scale fraud within the system, the FDNS does not conduct interviews for green cards, that is for the IO's in each office, what FDNS will do is work with the IO's and ICE and any DHS officers and local law enforcement. To give you a hint how overwhelmed the system is the are three officers assigned to the South Texas Area ( this line is from Del Rio all the way to Houston almost) these officers function with a crushing workload . They will come down and listen to what you have to say and take notes.
Please note do not waste people's time with a bitterness and just go in there and vent...take PROOF, from a outside source or from the police or a court official, something someone can pick up the phone and confirm.
After you see this officer, they either will or will not have a investigation, you will never know, if proof is provided they will look into it. Also, to some folks it is like I told them why will they not come and get my ex spouse and send her home? There is not a immigrant bus that runs around and knocks on doors and the USCIS driver says "Okay, time to go home" It can take up to a year to deport/remove your immigrant ex-spouse (with appeals).
Also do not call back and ask for a update according to the Privacy Act of 1974 they are not allowed to discuss your ex spouses case with you, her green card is not between you, her and the government it is between her and the government, it is the immigrant's green card.
A bad or rough marriage that is terminated does not mean you are a victim of fraud, it means there was a bad marriage, USC's please ALWAYS think, your spouse is under a horrible amount of strain, make new friends, no family, maybe lost expectations, twisted thinking, and to top it all off you are fighting with the person you depend on for support, PLEASE I ask all USC's if your marriage is in trouble or a divorce is filed please, get to a marriage consular ASAP. (if they will go) (even if your spouse is cheating the marriage can still be saved in my thoughts).
Reporting a false VAWA claim or blocking a false VAWA claim is very hard but can be done. Once again you must have proof. If there is a police report written that shows you the USC as the aggressive party more than likely there is a claim. Always remember there is many different kinds of abuse out there some immigrant spouse's here have been victims of physical abuse, and there is just cause for the claim, some it is mental abuse or emotional abuse. Please, note to any USC that files with USCIS to block these claims they are not criminal complaints against you, it is a administrative process, if it was criminal you could face the accuser in a court of law (this is a constitutional right), which is why USCIS makes this administrative in nature. I am sure there are many spouses that will back up the claim a VAWA process is not easy and it takes a LONG time to do and the immigrant is in "limbo", is the system abused...yes but claims take so long to adjudicate that VAWA IO's look for ANY proof of fraud or a false claim, I think most of the lady's on VAWA part 4 will say almost all of them get some kind of RFE. IMHO some of the women are abused simply because their USC spouse does not want to get them a green card to keep control (USC please, even of the marriage is rough, get the green card, your immigrant spouse should be allowed a stable safe environment to live and not having a green card could be very scary).
I urge and USC's that are filing this type of claim to be very careful and do not act out of emotion and look long and hard over the course of your marriage and think to decide weather you have been "duped". Do some immigrants come here and abuse the system...yes are they caught? sometimes yes and sometimes no.
An example I use to work in a bar where a lot of IO's used to come in and relax, there was a story I overheard them talking about, A lady from Russia moved here 18 years ago and recently was just sent back to Russia, why? Fraud at the inception of marriage for the purpose to gain immigration benefits, she was put in jail and put on the next full plane back to Russia. 18 years well it took awhile and it is not like I heard the story you could hear the whispers around the table. The system works
Also I ask if you know of any human smuggling or any time of activity that involves human trafficking to notify ICE ASAP, call you local office or 1 866 DHS 2 ICE. Help stop this from happening.
One last thing USC's the chances of being taken to federal court under the I864 are very small, this form is used in a few states as a bar for spousal support. But always remember it takes a special degree or permit to practice law on the federal level, one case out of Florida Federal Court (Winters v Winters) rejected the federal case stating that these type of cases belong on the state court level.
I hope this is helpful to people:)

OP,,,If your husband ever touches you or does anything to mentally abuse you call the police make a report, if there is more than one report go to the local DA and ask for a Order of Protection, Please note this is different than a restraining order, A Order Of Protection, if violated, your husband can be thrown in jail and prosecuted, a Restraining Order is civil in nature. Meaing the cops cannot do much if it is violated.
If divorce takes 6 months no problem send in for your ROC and send copy of divorce petition seeking a extension, if you file for divorce this will be granted and you will not be put in removal proceedings. Get all your proofs together for bona fide marriage and file the paperwork, DO not file under extreme cruelty, it adds to the paperwork, you have two year green card there are ways around what you need please contact sandraj or capri on this website or send me a PM, I also know how to do this but I am a male and you may feel more comfortable discussing the situation with a female.
You will be okay and the paperwork will fall into place:) It just takes time:(
Also contact your local BAR association and see if there are pro bono attorneys that might help, also did some research in California and every courthouse there has classes on how to file for divorce on you own, they will have a class you can sign up for and show you what to do line by line, they will even help you file to keep you husband away during the divorce. California is also a alimony state which means your husband will have to help support you. Which means if you were married for 2 years he will have to pay alimony for one year which will help you get on your feet and settle into a new life. Hope this helps any questions please send me a message will be glad to help with all I can.
Please note I understand and I am sorry for what you are going through. Brian1967##

OP,,,If your husband ever touches you or does anything to mentally abuse you call the police make a report, if there is more than one report go to the local DA and ask for a Order of Protection, Please note this is different than a restraining order, A Order Of Protection, if violated, your husband can be thrown in jail and prosecuted, a Restraining Order is civil in nature. Meaing the cops cannot do much if it is violated.
If divorce takes 6 months no problem send in for your ROC and send copy of divorce petition seeking a extension, if you file for divorce this will be granted and you will not be put in removal proceedings. Get all your proofs together for bona fide marriage and file the paperwork, DO not file under extreme cruelty, it adds to the paperwork, you have two year green card there are ways around what you need please contact sandraj or capri on this website or send me a PM, I also know how to do this but I am a male and you may feel more comfortable discussing the situation with a female.
You will be okay and the paperwork will fall into place:) It just takes time:(
Also contact your local BAR association and see if there are pro bono attorneys that might help, also did some research in California and every courthouse there has classes on how to file for divorce on you own, they will have a class you can sign up for and show you what to do line by line, they will even help you file to keep you husband away during the divorce. California is also a alimony state which means your husband will have to help support you. Which means if you were married for 2 years he will have to pay alimony for one year which will help you get on your feet and settle into a new life. Hope this helps any questions please send me a message will be glad to help with all I can.
Please note I understand and I am sorry for what you are going through. Brian1967##

Single dad your...in Russian what they call a dorat...some immigrants come here with the intension to defraud people..or other people come here and be a bumb do not. Do not work and spend time and effort to steal from the taxpayers and spend days going to "fairness" hearings...and they are not citzens. Dude your and idiot and should stop posting your moran rants about how an honest person can be defrauded. What were you in your other life some scientist that spent his life in a lab from some former soviet country. I hope the moderaters will at least leave this up so you have time to read it. Stop finding ways to get welfare and get a job, but it is just me stop whinning and work and stop talking about USC you sir do the USA a favor and go build YOUR community and there is no such thing as a anchor baby anymore and there are "non" bona fide marriages, they are called sham marriages.

Single dad your...in Russian what they call a dorat...some immigrants come here with the intension to defraud people..or other people come here and be a bumb do not. Do not work and spend time and effort to steal from the taxpayers and spend days going to "fairness" hearings...and they are not citzens. Dude your and idiot and should stop posting your moran rants about how an honest person can be defrauded. What were you in your other life some scientist that spent his life in a lab from some former soviet country. I hope the moderaters will at least leave this up so you have time to read it. Stop finding ways to get welfare and get a job, but it is just me stop whinning and work and stop talking about USC you sir do the USA a favor and go build YOUR community and there is no such thing as a anchor baby anymore and there are "non" bona fide marriages, they are called sham marriages.

Well I thought I would start this topic it is something new and I want to tell folks there is are several different way to report fraud to USCIS. In my long road over the past several months I have some information I wanted to pass on.
If the USC spouse thinks they are a victim of marriage fraud or their immigrant spouse entered into a shame marriage for the sole purpose of gaining immigration benefits. Please make a info pass appointment, when you arrive ask to speak to the on duty FDNS officer.
FDNS.......Fraud Detection & National Security Directorate. This is the Department within USCIS that will investigate individual marriage fraud/ visa fraud cases/ false VAWA claims.
This department is within USCIS, that several years ago was "upgraded" to the directorate level in order to combat small scale fraud within the system, the FDNS does not conduct interviews for green cards, that is for the IO's in each office, what FDNS will do is work with the IO's and ICE and any DHS officers and local law enforcement. To give you a hint how overwhelmed the system is the are three officers assigned to the South Texas Area ( this line is from Del Rio all the way to Houston almost) these officers function with a crushing workload . They will come down and listen to what you have to say and take notes.
Please note do not waste people's time with a bitterness and just go in there and vent...take PROOF, from a outside source or from the police or a court official, something someone can pick up the phone and confirm.
After you see this officer, they either will or will not have a investigation, you will never know, if proof is provided they will look into it. Also, to some folks it is like I told them why will they not come and get my ex spouse and send her home? There is not a immigrant bus that runs around and knocks on doors and the USCIS driver says "Okay, time to go home" It can take up to a year to deport/remove your immigrant ex-spouse (with appeals).
Also do not call back and ask for a update according to the Privacy Act of 1974 they are not allowed to discuss your ex spouses case with you, her green card is not between you, her and the government it is between her and the government, it is the immigrant's green card.
A bad or rough marriage that is terminated does not mean you are a victim of fraud, it means there was a bad marriage, USC's please ALWAYS think, your spouse is under a horrible amount of strain, make new friends, no family, maybe lost expectations, twisted thinking, and to top it all off you are fighting with the person you depend on for support, PLEASE I ask all USC's if your marriage is in trouble or a divorce is filed please, get to a marriage consular ASAP. (if they will go) (even if your spouse is cheating the marriage can still be saved in my thoughts).
Reporting a false VAWA claim or blocking a false VAWA claim is very hard but can be done. Once again you must have proof. If there is a police report written that shows you the USC as the aggressive party more than likely there is a claim. Always remember there is many different kinds of abuse out there some immigrant spouse's here have been victims of physical abuse, and there is just cause for the claim, some it is mental abuse or emotional abuse. Please, note to any USC that files with USCIS to block these claims they are not criminal complaints against you, it is a administrative process, if it was criminal you could face the accuser in a court of law (this is a constitutional right), which is why USCIS makes this administrative in nature. I am sure there are many spouses that will back up the claim a VAWA process is not easy and it takes a LONG time to do and the immigrant is in "limbo", is the system abused...yes but claims take so long to adjudicate that VAWA IO's look for ANY proof of fraud or a false claim, I think most of the lady's on VAWA part 4 will say almost all of them get some kind of RFE. IMHO some of the women are abused simply because their USC spouse does not want to get them a green card to keep control (USC please, even of the marriage is rough, get the green card, your immigrant spouse should be allowed a stable safe environment to live and not having a green card could be very scary).
I urge and USC's that are filing this type of claim to be very careful and do not act out of emotion and look long and hard over the course of your marriage and think to decide weather you have been "duped". Do some immigrants come here and abuse the system...yes are they caught? sometimes yes and sometimes no.
An example I use to work in a bar where a lot of IO's used to come in and relax, there was a story I overheard them talking about, A lady from Russia moved here 18 years ago and recently was just sent back to Russia, why? Fraud at the inception of marriage for the purpose to gain immigration benefits, she was put in jail and put on the next full plane back to Russia. 18 years well it took awhile and it is not like I heard the story you could hear the whispers around the table. The system works
Also I ask if you know of any human smuggling or any time of activity that involves human trafficking to notify ICE ASAP, call you local office or 1 866 DHS 2 ICE. Help stop this from happening.
One last thing USC's the chances of being taken to federal court under the I864 are very small, this form is used in a few states as a bar for spousal support. But always remember it takes a special degree or permit to practice law on the federal level, one case out of Florida Federal Court (Winters v Winters) rejected the federal case stating that these type of cases belong on the state court level.
I hope this is helpful to people:)

Well it would be harsh if you actually were making any kind of a smart statement, basically what I am saying is you sound harsh judgmental and you have no idea of what the facts are. Idiot the divorce rate runs around 80% for immigrant marriages (I will not disclose source) hey dude I know a doctor that was scammed, a lawyer and several poilice men and more than one woman. ####### if we were so poor the visa process is not cheap, and what is success to you may not be success to them. You have no concept of what you are saying you are a ego maniac and just not very smart making totally unintelligent statement like you just made. The 20 year age difference in my thoughts is a major red flag. But, most of those men have money and there lives are okay. where you live , I am a restaurant manager I am 47 and I make $48,000 a year I guess we should consider your great slary the bar for getting married huh? I hope you are kicked off this website for making such stupid uneducated posts. Dorat, Murdouch,

Well it would be harsh if you actually were making any kind of a smart statement, basically what I am saying is you sound harsh judgmental and you have no idea of what the facts are. Idiot the divorce rate runs around 80% for immigrant marriages (I will not disclose source) hey dude I know a doctor that was scammed, a lawyer and several poilice men and more than one woman. ####### if we were so poor the visa process is not cheap, and what is success to you may not be success to them. You have no concept of what you are saying you are a ego maniac and just not very smart making totally unintelligent statement like you just made. The 20 year age difference in my thoughts is a major red flag. But, most of those men have money and there lives are okay. where you live , I am a restaurant manager I am 47 and I make $48,000 a year I guess we should consider your great slary the bar for getting married huh? I hope you are kicked off this website for making such stupid uneducated posts. Dorat, Murdouch,

Well it would be harsh if you actually were making any kind of a smart statement, basically what I am saying is you sound harsh judgmental and you have no idea of what the facts are. Idiot the divorce rate runs around 80% for immigrant marriages (I will not disclose source) hey dude I know a doctor that was scammed, a lawyer and several poilice men and more than one woman. ####### if we were so poor the visa process is not cheap, and what is success to you may not be success to them. You have no concept of what you are saying you are a ego maniac and just not very smart making totally unintelligent statement like you just made. The 20 year age difference in my thoughts is a major red flag. But, most of those men have money and there lives are okay. where you live , I am a restaurant manager I am 47 and I make $48,000 a year I guess we should consider your great slary the bar for getting married huh? I hope you are kicked off this website for making such stupid uneducated posts. Dorat, Murdouch,

Well it would be harsh if you actually were making any kind of a smart statement, basically what I am saying is you sound harsh judgmental and you have no idea of what the facts are. Idiot the divorce rate runs around 80% for immigrant marriages (I will not disclose source) hey dude I know a doctor that was scammed, a lawyer and several poilice men and more than one woman. ####### if we were so poor the visa process is not cheap, and what is success to you may not be success to them. You have no concept of what you are saying you are a ego maniac and just not very smart making totally unintelligent statement like you just made. The 20 year age difference in my thoughts is a major red flag. But, most of those men have money and there lives are okay. where you live , I am a restaurant manager I am 47 and I make $48,000 a year I guess we should consider your great slary the bar for getting married huh? I hope you are kicked off this website for making such stupid uneducated posts. Dorat, Murdouch,

Well it would be harsh if you actually were making any kind of a smart statement, basically what I am saying is you sound harsh judgmental and you have no idea of what the facts are. Idiot the divorce rate runs around 80% for immigrant marriages (I will not disclose source) hey dude I know a doctor that was scammed, a lawyer and several poilice men and more than one woman. ####### if we were so poor the visa process is not cheap, and what is success to you may not be success to them. You have no concept of what you are saying you are a ego maniac and just not very smart making totally unintelligent statement like you just made. The 20 year age difference in my thoughts is a major red flag. But, most of those men have money and there lives are okay. where you live , I am a restaurant manager I am 47 and I make $48,000 a year I guess we should consider your great slary the bar for getting married huh? I hope you are kicked off this website for making such stupid uneducated posts. Dorat, Murdouch,