Tong Yan

Just an update : he married the woman and again he did apply for adjustment using the marriage route again. The woman he married was the same woman we reported to USCIS. We hope that USCIS will look into the evidence that we submitted on his planned immigration marriage fraud on his first application.

Hope they will seriously look into it when the fraudster reapply for their green card.

Hope USCIS will investigate our case reported to them and take action against the fraudster..!

name="VickyP" post="6671046" timestamp="1385512402"]

I seriously don't understand that concept. It might just look to me that way since I am not in that situation but why in the hell are scammers always so damn lucky to get what they want and the real people have to go through hell?

Miley sweetheart...keep your head up and don't show this dude any weakness...you deserve better than that and never forget....Karma will find him sooner or later!!!!

I don.t understand either, scammers have the concept in their mind that once married to a USC, they have every right to get a green card..! Just look at my friend's case. Her going to be ex is trying every effort with his immigration lawyer to get a green card. At first he wanted to go for the VAwa route but so unfortunately for him, he convicted domestic violence. We are guessing that he is going to the U route because he has been using my friend's health insurance where he went for psychiatric to build a case. We have reported him to fraud dept and ICE for fraud marriage and conviction of domestic violence. So never submit an AOS until you are very sure the relationship is genuine. Too many fraud out there.

Hope USCIS will look into fraud cases reported to them!

We don't know. We knew he was seeking lawyer when he found out the withdrawal.

Yes... He don't deserve it now or in the future..!!!

We make mistake and when we correct it .. It is the right thing to do. He may get his green card because they are many lawyer out there to help. We already knew he is a con man but USCIS might not know. As s USC, we want to do our duty.

Thanks.. will do whatever we can to stop a fraudster. He don't deserve it... !!!!

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Very good question.. could someone answer. Thanks name=SingleDad2usc" post="6496038" timestamp="1378594128]

What case can he possibly have, given his criminal record?

Yes, this is what we wanted to do. But not sure report to the regular dept or the fraud dept?

I'm probably missing something from the "other topic" of yours: what did he plead guilty to, exactly? If indeed convicted, what was he sentenced to? What exactly are the terms (and time) of his wife's protective order?

1. yes

2. Send the information to ICE and the local USCIS office.

Is this in regards to your friend from your last post? If so I am very sorry they are going through this. Best to notify, with copies of the police report and any court documents as they become available.

Before he committed the crime of domestic violence he already has plan on filing VAWA. Unfortunately for him that he committed the crime of domestic violence and pleaded guilty in court. The whole marriage is a scam and his sole purpose is to obtain a green card. He is having affair with a married USC woman which unable to file for him. So he deceive my friend into marrying him and used my friend to file for him.

Question:

1) can he file a VAWA petition by himself? If yes, how could we submit the evidence to USCIS to prove that he was the assault and not the victim of abuse?

2) how to get him deported? He got arrested for domestic violence and got released by the court even he is in illegal status (the petition for him to adjust status have been successfully withdrawn).

Also would like to hear from all of you what else we can do to black list his name with USCIS for his future applications to obtain green card.

Thank you.

OP, this is a long road you will go down, trust me I know. (see some of my posts) She MUST be convicted in a court of law,end of story, there is no way around this. Unless the following happens, can you verify she lied to obtain a benefit from the courts or a government agency? If so was she under oath? Is this information verified by the courts or a disinterested third party? You can try what is called BMC (bad moral character) OP, unless your ex has left a path of destruction behind her, with lots of evidence, that is or can be verified by the courts or a law enforcement official, your out of luck. If you do not have this information, I will tell you now, put her stuff on the curb and walk away. If you have proof she has submitted a false claim to USCIS, I know how to proceed with that, but otherwise you are sort of..how do we say it here, #### out.

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:)

Thank you very much for sharing this valuable information.

Thanks so much ..... !

Let me make it clear. The wife is a US citizen petition for her husband (illegal alien) and she found out that it is a marriage scam wherby the husband is using her to get the green card. The petition has been sucessfully withdrawn. However, the husband wants to appeal hopefully to over turn her decision so that he can get the green card.

Sorry ... Do not understand your last text. We did not seek any info else where but we do know that we need to involve lawyer if it is uncontested divorce. Meantime, we will do whatever to get him deny for his appeal. Info pass appt set.

My friend has a police report against him on domestic violence. He stopped her from filing the divorce instead he said he will file it. Answer to your question.. He is jobless but has a woman whom he had adultery with her supporting him. So my question is does my friend need to file the divorce as soon as possible before he file?

So have to make another appointment with USCIS.. Thanks for this information. The info sent to ICE is not good enough to stop him for appealing?

It came to know that the husband is seeking lawyer to appeal. My friend is proceeding with the divorce as the plaintiff and moving out. However, the husband refused to be the defendant and he wants to be the plaintiff and his reason for doing it is it will help him in the future for USCIS appeal or any other USCIS process to get green card. Anyone out there any feed back on these?

She hasn't move out yet and it seems the spouse don't know that it was withdrawn. Hopefully she find a place soon to move out. Can ask for a police restrain after moving out when there were no harm to her yet？

The card sent to the original address and the petitioner got it. Will be sending it back to the USCIS.

Yeah.... Intercepted the card.

Yeah.... Intercepted the card!!

Thanks...

Thanks...