Case transferred to Fraud Department. Help, please.

[asya 0]

Hi.

We had interview for K1 on Tuesday 01/13/09. The first thing CO asked me (petitioner) was "How come your ex-wife lives in your house in california?"

I was shocked! My ex-wife has never been to US at all!

Now let me describe how that happened from the very beginning.

I was born in Belarus. I got greencard in 2001. I didn't move to US right away but stayed in Belarus to continue my education (I was on 2nd year in college). After I got my diploma I moved to US. That was in 2004. In 2005 I married my ex-wife. She is from Belarus. She stayed in Belarus while I lived in US. We were waiting for my citizenship so that I could apply for her to come over. Half a year later (winter 2005-2006) my ex-wife got worker visa to Canada through Au Pair program.

I got my citizenship in summer of 2007. Sent I130 for my ex-wife. Our relationship was going worse and worse until eventually, in november 2007, my ex-wife told me that she wants a divorce.

She still was in Toronto Canada and decided to live there. A month later my mother was in Belarus and told me that a friend of her has another friend who has a daughter. Daughter's name is Ann.

We started talking with Ann over email and very soon realized that we like each other. I was still officially married even though we both (me and my ex-wife) decided to divorce. Anna knew that.

I started figuring out what my options are regarding Anna. While I was discussing with a lawyer how to bring Anna to live with me my ex-wife's I130 got approved. I told the lawyer to abandon that petition and to notify whoever needs to be notified about that. Lawyer said "OK" (I still have that email).

In march I came to Belarus and that was the first time me and Anna first met.

A week later my ex-wife arrived to Belarus as well and we (me and my ex-wife) applied for a divorce.

All that time in Belarus I spend with Anna and one more week later I flew back to US.

Court decision regarding the divorce was made on march 31st. In the beginning of May I sent I129F petition for my fiancee Anna. I knew how hard it is to wait for all this bureaucracy stuff to work through and didn't want to live without Anna anymore. So I found a Co-Sponsor, left my job, took one-way ticket to Belarus and came to Belarus to live with Anna.

Since then I live in Belarus with Anna. Our I129F petition got approved in September. Interview was scheduled for January 13.

You know the rest. CO was very mean. She didn't care about photos of me and Anna. She didn't care about the fact that we live together since may. All she wanted to hear is "how come that your ex-wife lives in your house in california". She said " we have information that your ex-wife lives there".

CO said that our case will be transfered to Fraud Department. She asked me to get my 2007 tax return, phone bills, emails, letters with Anna. (of course there are pretty much no emails and phone records with Anna since may)

My 2007 tax return states that I filed as a single (because my ex-wife has never been to US and doesn't have SSN).

I already contacted my ex-wife in Toronto and she confirmed that she has never been to US. I asked her to send me scan of her passport and I already received the scan. There are no US stamps at all! Why would CO think that she lives in my house in California? (actually it's my parents house as I don't own a house yet and, of course, they would've told me if my ex-wife would've ever showed up there).

CO said that Anna may receive lifetime ban from US.

Our case is in Warsaw Embassy and I129F approval expires on January 18th.

One more problem is that I have no phone records (we were communicating over the skype). And I have no letters (c'mon, it's 21st century now! it takes 1 month for regular letter to reach recipient! we use email). But we do have tons of emails.

So far I found only 1 notion if my ex-wife that could somehow show up in my profile in the embassy: 1 of my credit cards account had an additional user (my ex-wife) assigned to the account. (of course I just forgot that and never thought about that - especially taking into account the fact that my ex-wife never used it)

Me and Anna decided to abandon my US citizenship and live in Belarus together if she will get a ban.

Please, help us. How do we fight this?

[FCH 1]

talk to a lawyer. i dont think vj can help you with this.

good luck.

[pushbrk 12,824]

Hi.

We had interview for K1 on Tuesday 01/13/09. The first thing CO asked me (petitioner) was "How come your ex-wife lives in your house in california?"

I was shocked! My ex-wife has never been to US at all!

Now let me describe how that happened from the very beginning.

I was born in Belarus. I got greencard in 2001. I didn't move to US right away but stayed in Belarus to continue my education (I was on 2nd year in college). After I got my diploma I moved to US. That was in 2004. In 2005 I married my ex-wife. She is from Belarus. She stayed in Belarus while I lived in US. We were waiting for my citizenship so that I could apply for her to come over. Half a year later (winter 2005-2006) my ex-wife got worker visa to Canada through Au Pair program.

I got my citizenship in summer of 2007. Sent I130 for my ex-wife. Our relationship was going worse and worse until eventually, in november 2007, my ex-wife told me that she wants a divorce.

She still was in Toronto Canada and decided to live there. A month later my mother was in Belarus and told me that a friend of her has another friend who has a daughter. Daughter's name is Ann.

We started talking with Ann over email and very soon realized that we like each other. I was still officially married even though we both (me and my ex-wife) decided to divorce. Anna knew that.

I started figuring out what my options are regarding Anna. While I was discussing with a lawyer how to bring Anna to live with me my ex-wife's I130 got approved. I told the lawyer to abandon that petition and to notify whoever needs to be notified about that. Lawyer said "OK" (I still have that email).

In march I came to Belarus and that was the first time me and Anna first met.

A week later my ex-wife arrived to Belarus as well and we (me and my ex-wife) applied for a divorce.

All that time in Belarus I spend with Anna and one more week later I flew back to US.

Court decision regarding the divorce was made on march 31st. In the beginning of May I sent I129F petition for my fiancee Anna. I knew how hard it is to wait for all this bureaucracy stuff to work through and didn't want to live without Anna anymore. So I found a Co-Sponsor, left my job, took one-way ticket to Belarus and came to Belarus to live with Anna.

Since then I live in Belarus with Anna. Our I129F petition got approved in September. Interview was scheduled for January 13.

You know the rest. CO was very mean. She didn't care about photos of me and Anna. She didn't care about the fact that we live together since may. All she wanted to hear is "how come that your ex-wife lives in your house in california". She said " we have information that your ex-wife lives there".

CO said that our case will be transfered to Fraud Department. She asked me to get my 2007 tax return, phone bills, emails, letters with Anna. (of course there are pretty much no emails and phone records with Anna since may)

My 2007 tax return states that I filed as a single (because my ex-wife has never been to US and doesn't have SSN).

I already contacted my ex-wife in Toronto and she confirmed that she has never been to US. I asked her to send me scan of her passport and I already received the scan. There are no US stamps at all! Why would CO think that she lives in my house in California? (actually it's my parents house as I don't own a house yet and, of course, they would've told me if my ex-wife would've ever showed up there).

CO said that Anna may receive lifetime ban from US.

Our case is in Warsaw Embassy and I129F approval expires on January 18th.

One more problem is that I have no phone records (we were communicating over the skype). And I have no letters (c'mon, it's 21st century now! it takes 1 month for regular letter to reach recipient! we use email). But we do have tons of emails.

So far I found only 1 notion if my ex-wife that could somehow show up in my profile in the embassy: 1 of my credit cards account had an additional user (my ex-wife) assigned to the account. (of course I just forgot that and never thought about that - especially taking into account the fact that my ex-wife never used it)

Me and Anna decided to abandon my US citizenship and live in Belarus together if she will get a ban.

Please, help us. How do we fight this?

You fight it by providing exactly the information asked for on the paper they gave you. The former wife's passport scan is a a good thing to have. Now is the time for calm, honest and accurate response.

[kcoyclay1 98]

I'm no lawyer but it seems as if you have documented proof that:

a. Your ex-wife has never been to the US

b. You do not own the home they are referring to

c. You have tons of emails to your girlfriend

If they are refusing you based on these assumptions then take all the proof you have. Get a letter from your parents showing ownership of the home and stating that your ex-wife has never lived in their home. I would "out-proof" them. Failing that there is a website in which you can get immediate answers from Immigration lawyers called JustAnswer. Go to justanswer.com, sign up and it will cost you $15 but you will get an answer. If you do not approve the answer that you get then you can request a new answer and you do not have to pay for the answer that you did not choose. Cut and paste your question below to justanswer.com and in about 3 to 5 minutes you will get a legal answer.

All the best, hope this helped. Let me know the outcome...praying for you.

Edited January 15, 2009 by kcoyclay1

[asya 0]

Just an update.

We still didn't get a call from the embassy.

We keep collecting requested documents and sending them via email to the embassy as we get them.

Any idea how long can it take for the embassy to do their check and contact us?

[Bert&Jie Lin 0]

One more problem is that I have no phone records (we were communicating over the skype). And I have no letters (c'mon, it's 21st century now! it takes 1 month for regular letter to reach recipient! we use email). But we do have tons of emails.

Skype, at least the version I have, records the history of conversions, including the date, time, and duration of the call. Just select the contact and then "Show Messages from:" "From Beginning". I cut and pasted and put into an Excel Spreadsheet.

[Yoink 7]

it is obvious why fraud selected your case as there are a handful of "flags"

however be honest and show your evidence and the truth shall set you free

[Elghazi2008 4]

Since your ex-wife is cooperative, you could also ask her to sign a letter stating that she has never lived at your home with you. If she has never even been to the US, that would be great for her to state. Signatures of parents and friends may also be somewhat helpful on a letter stating that your ex-wife does not now and has never lived with you in the US. Have those letters ready along with the other information they asked you to gather. If your wife could supply you with PROOF of her residence in Canada as well...You know what I'm saying? Focus on proving that your ex-wife doesn't live with you if that's the problem, along with gathering proof of your relationship with Anna. A lawyer would probably be VERY helpful in your case...

[KimandRuss 0]

Agree with pushbrk.. just do what they ask on the letter. They want proof ...give it to them with all things you mentioned here. A copy of your ex wife's passport. A timeline of your relationship...perhaps letters from family members/neighbors. Any mortgage/rental agreements, cc receipts, bills..etc.. that you're both on if you're living together. Do everything you can to prove you have a bona-fide relationship...and do it quick. I would not play on the fact that you were introduced by family members too much as that in itself can throw up many red flags at high fraud posts.

You may want to also be sure they've extended the validity period of your approved petition. Something they normally would routinely handle but you'll probably want to be sure.

Might do you some good to find a lawyer familiar with the Embassy there. It's important you do everything you can to keep your case there and not let them return it to USCIS.

good luck.

moving from K-1 to Embassy

[asya 0]

Thanks to everybody for your help and prayers!

We've got approved!!!!

Consular officer (another one) was very friendly this time. We brought 3 inches thick stack of paper with proofs of our relations.

The officer said that the problem was caused by the pace of our relations. Me and Anna met online in November 2007, physically met in March 2008 and I applied for her in May 2008.

[jb_vj 5]

Glad to hear, congratulations

Thanks to everybody for your help and prayers!

We've got approved!!!!

Consular officer (another one) was very friendly this time. We brought 3 inches thick stack of paper with proofs of our relations.

The officer said that the problem was caused by the pace of our relations. Me and Anna met online in November 2007, physically met in March 2008 and I applied for her in May 2008.

[Penguin_ie 5,993]

Congrats!

[kcoyclay1 98]

Thanks to everybody for your help and prayers!

We've got approved!!!!

Consular officer (another one) was very friendly this time. We brought 3 inches thick stack of paper with proofs of our relations.

The officer said that the problem was caused by the pace of our relations. Me and Anna met online in November 2007, physically met in March 2008 and I applied for her in May 2008.

Happy to hear. congrats

[sara..... 371]

congratulations :dance: :dance:

[Zee Bee 61]

Congratulations