ohmandd

When I read this post. The first thing I thought was fraud. I show it to my wife who is Filipina, I thought she would think the same but to my surprise she told me she thought the girl was telling the truth. I ask My wife why she told me most Filipina excluding the scammers and bargirls are honest so when the girl was ask the questions at the interview she answer the questions honestly .I ask my wife how is that possible that the girl did not know somehow doing the process, My wife told me if the girl is from the province then her English might not be that good and she just put her name on documents or the guy could of just sent her a blank page that she sign. I mention the medical and that they ask what type of visa. My wife told me they do not mention the visa only immigration or non immigration. my wife told me that most Filippinas from the province do not know the different type of visas or the difference between them. Also the girl technology (using computer) might not be that good. My wife also told me if the girl was really trying to just get to America she would of came up with any kind of answer besides none

So I can see how immigration looks at it as I too at first thought fraud but after talking with my wife I now can see how that could be possible

good luck . You will most definitely need a good lawyer. I think not only will your wife have to prove there was no fraud, You and her will probably have to prove more of your relationship then others

Yes, what you have said is true. She is from Davao; actually, she is from Mawab (in the province). We will be getting a good lawyer, but not sure if it should be one in the Philippines or in the U.S. I'm leaning to the U.S.

Thank you J&ana,

Dustin

Hey, first of all, I'm really sorry you had to undergo through all of it but in this case the best you can do is to work out a good strategy.

I advise to hire a lawyer only in the case if it's a good lawyer inasmuch as most of them have no clue about an immigration maze. Hence, it's better to hire someone from a firm, which is concentrated only on immigration cases. I tend t belive that attoneys there might be slightly better prepared for the processed that is waiting for you.

So

1) hire a lawyer

2) file the i-601 form, which is Application for Waiver of Grounds of Inadmissibility

After this form was reviewed, the case more likely will be sent to immigration judge and here you will badly need your attorney.

Hope you will find this useful

Thank you all for helping me and for your concern. I do have a backup plan, that my wife is perfectly fine with, and that is to move with her (in the Philippines). If it comes to that, I want to be able to say that we did our best, even if it wasn't good enough. I agree with the marriage fraud laws and support them; so if she is found to have willingly committed marriage fraud, we will accept it.

As for her intentions, truthfulness, and niavite, she is very carring to all, honest as anyone, and we will be fine where ever we end up.

Thank you kattaklizm, for this info. I will be contacting a lawyer and mentioning this waiver to them.

Dustin

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

Ok great! Thank you.

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

SalSterling

Thank you SalSterling, I will look into that.

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

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

Adil & Jeanne

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

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

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

Dave&Roza

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

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

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

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

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

Ash.1101

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

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

Pinkrlion

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

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

dwheels76

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

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

ram19

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

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

Jawaree

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

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

Dustin

Hello all,

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

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

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

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

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

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

Questions:

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

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

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

Thank you,

Dustin