Marriage Fraud: she disappeared with Permanent Residency (10 yrs.)

[diadromous mermaid 36]

If the original intentions of the spouse, who has already been granted the "unconditional" Permanent Residence for 10 years, is immediately suspect upon arrival in the US, and within 2 1/2 weeks has gone to live somewhere else, how can she have her Visa removed: only if it is proven to have been fraudulently obtained from the beginning upon entering into a marriage, or by divorcing her, by a combination of these things, and/or by some other means? (We're talking about New Jersey here.)

She also does not state her present whereabouts or address. At this point, since she is not living with her spouse, can she lbe liable for not having reported an address change? What role does of Affidavit Support by the US-citizen husband play in all of this?

Failing to report a change of address to USCIS is a violation of the INA and an alien can be subject to severe penalties. That said, USCIS does not often pursue this. That doesn't mean that it can't be a critical event to demonstrate a lack of respect for immigration law, and the alien's motivation.

Penalties for Failure to ComplyA willful failure to give written notice to the USCIS of a change of address within 10 days of the change is a misdemeanor crime. If convicted, the alien (or parent or legal guardian of an alien under age 14 who is required to give notice) can be fined up to $200 or imprisoned up to 30 days, or both. The alien may also be subject to removal from the United States. (INA § 266(B)). Compliance with the requirement to notify the USCIS of any address changes is also a condition of an alien’s stay in the United States. Failure to comply could also jeopardize the alien’s ability to obtain a future visa or other immigration benefit.

Source: http://www.uscis.gov/addresschange

[pushbrk 13,021]

If the original intentions of the spouse, who has already been granted the "unconditional" Permanent Residence for 10 years, is immediately suspect upon arrival in the US, and within 2 1/2 weeks has gone to live somewhere else, how can she have her Visa removed: only if it is proven to have been fraudulently obtained from the beginning upon entering into a marriage, or by divorcing her, by a combination of these things, and/or by some other means? (We're talking about New Jersey here.)

She also does not state her present whereabouts or address. At this point, since she is not living with her spouse, can she lbe liable for not having reported an address change? What role does of Affidavit Support by the US-citizen husband play in all of this?

Failing to report a change of address to USCIS is a violation of the INA and an alien can be subject to severe penalties. That said, USCIS does not often pursue this. That doesn't mean that it can't be a critical event to demonstrate a lack of respect for immigration law, and the alien's motivation.

Penalties for Failure to ComplyA willful failure to give written notice to the USCIS of a change of address within 10 days of the change is a misdemeanor crime. If convicted, the alien (or parent or legal guardian of an alien under age 14 who is required to give notice) can be fined up to $200 or imprisoned up to 30 days, or both. The alien may also be subject to removal from the United States. (INA § 266(B)). Compliance with the requirement to notify the USCIS of any address changes is also a condition of an alien’s stay in the United States. Failure to comply could also jeopardize the alien’s ability to obtain a future visa or other immigration benefit.

Source: http://www.uscis.gov/addresschange

I would add the note that the immigrant is required to report a change of address to the USCIS, not to anybody else, including their spouse, if they so choose. Further the USC spouse has no inherent right to know whether USCIS has received any change of address. USCIS doesn't often pursue this unless there is some other compelling reason to find the immigrant, like suspected serious criminal activity.

[diadromous mermaid 36]

If the original intentions of the spouse, who has already been granted the "unconditional" Permanent Residence for 10 years, is immediately suspect upon arrival in the US, and within 2 1/2 weeks has gone to live somewhere else, how can she have her Visa removed: only if it is proven to have been fraudulently obtained from the beginning upon entering into a marriage, or by divorcing her, by a combination of these things, and/or by some other means? (We're talking about New Jersey here.)

She also does not state her present whereabouts or address. At this point, since she is not living with her spouse, can she lbe liable for not having reported an address change? What role does of Affidavit Support by the US-citizen husband play in all of this?

Failing to report a change of address to USCIS is a violation of the INA and an alien can be subject to severe penalties. That said, USCIS does not often pursue this. That doesn't mean that it can't be a critical event to demonstrate a lack of respect for immigration law, and the alien's motivation.

Penalties for Failure to ComplyA willful failure to give written notice to the USCIS of a change of address within 10 days of the change is a misdemeanor crime. If convicted, the alien (or parent or legal guardian of an alien under age 14 who is required to give notice) can be fined up to $200 or imprisoned up to 30 days, or both. The alien may also be subject to removal from the United States. (INA § 266(B)). Compliance with the requirement to notify the USCIS of any address changes is also a condition of an alien’s stay in the United States. Failure to comply could also jeopardize the alien’s ability to obtain a future visa or other immigration benefit.

Source: http://www.uscis.gov/addresschange

I would add the note that the immigrant is required to report a change of address to the USCIS, not to anybody else, including their spouse, if they so choose. Further the USC spouse has no inherent right to know whether USCIS has received any change of address. USCIS doesn't often pursue this unless there is some other compelling reason to find the immigrant, like suspected serious criminal activity.

While I agree that the Change of Address obligation is between the alien and USCIS, and that an alien has no legal obligation to inform a spouse of an address change, if he or she choose not to, in this particular case, failing to disclose her whereabouts once in the USA, and most especially within 2 and a half weeks of having used a visa to move to the US to be reunited with her US citizen spouse COULD VERY WELL BE indicative of the foreign-born's true motivation. I'll admit, that there is a chance that the alien has informed USCIS and not her spouse, but if she hasn't, there can only be one other circumstance (other than that of entering a marriage with fraudulent intent) under which that could be excused, and that would be if she had been victimised. Absent abuse or an altercation with the US citizen husband in the first two weeks of being on US soil, what was her reason for entering?

[pushbrk 13,021]

If the original intentions of the spouse, who has already been granted the "unconditional" Permanent Residence for 10 years, is immediately suspect upon arrival in the US, and within 2 1/2 weeks has gone to live somewhere else, how can she have her Visa removed: only if it is proven to have been fraudulently obtained from the beginning upon entering into a marriage, or by divorcing her, by a combination of these things, and/or by some other means? (We're talking about New Jersey here.)

She also does not state her present whereabouts or address. At this point, since she is not living with her spouse, can she lbe liable for not having reported an address change? What role does of Affidavit Support by the US-citizen husband play in all of this?

Failing to report a change of address to USCIS is a violation of the INA and an alien can be subject to severe penalties. That said, USCIS does not often pursue this. That doesn't mean that it can't be a critical event to demonstrate a lack of respect for immigration law, and the alien's motivation.

Penalties for Failure to ComplyA willful failure to give written notice to the USCIS of a change of address within 10 days of the change is a misdemeanor crime. If convicted, the alien (or parent or legal guardian of an alien under age 14 who is required to give notice) can be fined up to $200 or imprisoned up to 30 days, or both. The alien may also be subject to removal from the United States. (INA § 266(B)). Compliance with the requirement to notify the USCIS of any address changes is also a condition of an alien’s stay in the United States. Failure to comply could also jeopardize the alien’s ability to obtain a future visa or other immigration benefit.

Source: http://www.uscis.gov/addresschange

I would add the note that the immigrant is required to report a change of address to the USCIS, not to anybody else, including their spouse, if they so choose. Further the USC spouse has no inherent right to know whether USCIS has received any change of address. USCIS doesn't often pursue this unless there is some other compelling reason to find the immigrant, like suspected serious criminal activity.

While I agree that the Change of Address obligation is between the alien and USCIS, and that an alien has no legal obligation to inform a spouse of an address change, if he or she choose not to, in this particular case, failing to disclose her whereabouts once in the USA, and most especially within 2 and a half weeks of having used a visa to move to the US to be reunited with her US citizen spouse COULD VERY WELL BE indicative of the foreign-born's true motivation. I'll admit, that there is a chance that the alien has informed USCIS and not her spouse, but if she hasn't, there can only be one other circumstance (other than that of entering a marriage with fraudulent intent) under which that could be excused, and that would be if she had been victimised. Absent abuse or an altercation with the US citizen husband in the first two weeks of being on US soil, what was her reason for entering?

I can think of more that the two scenarios. This is a two-year plus marriage. We (in the general public) see many marriages that run their couse in two years and end for any number of reasons. That doesn't mean they were entered into with other than honorable intent. There's a lot we don't know. I'm not willing to assume some activating event like abuse occured during the two and a half weeks but all kinds of things might have occured between the marriage more than two years ago and the departure soon after arrival or even between visa issue and soon after arrival. Either way, once a Consular Officer has deemed the marriage valid and issued a visa, it's going to take some pretty compelling evidence to get USCIS to even look at the issue of marriage validity at this point.

Even if one were to stipulate that it is highly likely the petitioner was mislead in some way or at some point, unless there's compelling specific evidence of a fraudulent relationship AND/OR (more likely OR) some actual reason for deportation, like criminal activity, the chances of sending her packing are slim and none. With the criminal activity, the validity of the marriage become a moot point. Actually, I think any reason that could ever be found significant enough to deport this woman would render the questions of marriage validity moot. Your thoughts?

[diadromous mermaid 36]

If the original intentions of the spouse, who has already been granted the "unconditional" Permanent Residence for 10 years, is immediately suspect upon arrival in the US, and within 2 1/2 weeks has gone to live somewhere else, how can she have her Visa removed: only if it is proven to have been fraudulently obtained from the beginning upon entering into a marriage, or by divorcing her, by a combination of these things, and/or by some other means? (We're talking about New Jersey here.)

She also does not state her present whereabouts or address. At this point, since she is not living with her spouse, can she lbe liable for not having reported an address change? What role does of Affidavit Support by the US-citizen husband play in all of this?

Failing to report a change of address to USCIS is a violation of the INA and an alien can be subject to severe penalties. That said, USCIS does not often pursue this. That doesn't mean that it can't be a critical event to demonstrate a lack of respect for immigration law, and the alien's motivation.

Penalties for Failure to ComplyA willful failure to give written notice to the USCIS of a change of address within 10 days of the change is a misdemeanor crime. If convicted, the alien (or parent or legal guardian of an alien under age 14 who is required to give notice) can be fined up to $200 or imprisoned up to 30 days, or both. The alien may also be subject to removal from the United States. (INA § 266(B)). Compliance with the requirement to notify the USCIS of any address changes is also a condition of an alien’s stay in the United States. Failure to comply could also jeopardize the alien’s ability to obtain a future visa or other immigration benefit.

Source: http://www.uscis.gov/addresschange

I would add the note that the immigrant is required to report a change of address to the USCIS, not to anybody else, including their spouse, if they so choose. Further the USC spouse has no inherent right to know whether USCIS has received any change of address. USCIS doesn't often pursue this unless there is some other compelling reason to find the immigrant, like suspected serious criminal activity.

While I agree that the Change of Address obligation is between the alien and USCIS, and that an alien has no legal obligation to inform a spouse of an address change, if he or she choose not to, in this particular case, failing to disclose her whereabouts once in the USA, and most especially within 2 and a half weeks of having used a visa to move to the US to be reunited with her US citizen spouse COULD VERY WELL BE indicative of the foreign-born's true motivation. I'll admit, that there is a chance that the alien has informed USCIS and not her spouse, but if she hasn't, there can only be one other circumstance (other than that of entering a marriage with fraudulent intent) under which that could be excused, and that would be if she had been victimised. Absent abuse or an altercation with the US citizen husband in the first two weeks of being on US soil, what was her reason for entering?

I can think of more that the two scenarios. This is a two-year plus marriage. We (in the general public) see many marriages that run their couse in two years and end for any number of reasons. That doesn't mean they were entered into with other than honorable intent. There's a lot we don't know. I'm not willing to assume some activating event like abuse occured during the two and a half weeks but all kinds of things might have occured between the marriage more than two years ago and the departure soon after arrival or even between visa issue and soon after arrival. Either way, once a Consular Officer has deemed the marriage valid and issued a visa, it's going to take some pretty compelling evidence to get USCIS to even look at the issue of marriage validity at this point.

Even if one were to stipulate that it is highly likely the petitioner was mislead in some way or at some point, unless there's compelling specific evidence of a fraudulent relationship AND/OR (more likely OR) some actual reason for deportation, like criminal activity, the chances of sending her packing are slim and none. With the criminal activity, the validity of the marriage become a moot point. Actually, I think any reason that could ever be found significant enough to deport this woman would render the questions of marriage validity moot. Your thoughts?

I simply don't agree with you that the consular evalutation that the marriage appeared bonafide outweighs any and all circumstances that arise so shortly after entry. After all, the immigrant visa is offered to the foreign-born spouse directly as a result of a petition made by and to benefit the US citizen spouse. If the marriage ceases to exist within moments after arrival, barring the presence of abuse, for what purpose should the foreign-born spouse be given the right to reside in the country? Naturally, this is a general statement, and there are always exceptions, such as the possibility that the alien could claim hardshipif the green card were to be rescinded.

[Alt name 1]

DM, I agree with you. Using a relationship with UCS for immigration benefits should be a cut-and-dried and easily corrected case, but it simply isn't. What is the point of a protracted he-said/she-said battle, when this woman is now under the jurisdiction of immigration court with a 2-year waiting period. Sadly, my earlier post was only to suggest that the OP cut the losses, and if any I864 issues kick in fight that rather than try to fight her immigration status after her 10-yr GC is approved.

Living where I live I've seen it all, and CIS (u know, the former agency who approved a hijackers visa after he crashed his plane) doesnt have either the will or energy or resources to go after obvious, identified, and convicted illegal INMATES here, much less the girl in this case.

I also agree that CIS should be notified, but wouldnt suggest much hope that anything would be done about what has happened here. Instead I convey sympathy to the OP and continue to support a much tighter and more rigorous system than the one we have in place today.

Polite regards,

David and Nitadyah

[pushbrk 13,021]

If the original intentions of the spouse, who has already been granted the "unconditional" Permanent Residence for 10 years, is immediately suspect upon arrival in the US, and within 2 1/2 weeks has gone to live somewhere else, how can she have her Visa removed: only if it is proven to have been fraudulently obtained from the beginning upon entering into a marriage, or by divorcing her, by a combination of these things, and/or by some other means? (We're talking about New Jersey here.)

She also does not state her present whereabouts or address. At this point, since she is not living with her spouse, can she lbe liable for not having reported an address change? What role does of Affidavit Support by the US-citizen husband play in all of this?

Failing to report a change of address to USCIS is a violation of the INA and an alien can be subject to severe penalties. That said, USCIS does not often pursue this. That doesn't mean that it can't be a critical event to demonstrate a lack of respect for immigration law, and the alien's motivation.

Penalties for Failure to ComplyA willful failure to give written notice to the USCIS of a change of address within 10 days of the change is a misdemeanor crime. If convicted, the alien (or parent or legal guardian of an alien under age 14 who is required to give notice) can be fined up to $200 or imprisoned up to 30 days, or both. The alien may also be subject to removal from the United States. (INA § 266(B)). Compliance with the requirement to notify the USCIS of any address changes is also a condition of an alien’s stay in the United States. Failure to comply could also jeopardize the alien’s ability to obtain a future visa or other immigration benefit.

Source: http://www.uscis.gov/addresschange

I would add the note that the immigrant is required to report a change of address to the USCIS, not to anybody else, including their spouse, if they so choose. Further the USC spouse has no inherent right to know whether USCIS has received any change of address. USCIS doesn't often pursue this unless there is some other compelling reason to find the immigrant, like suspected serious criminal activity.

While I agree that the Change of Address obligation is between the alien and USCIS, and that an alien has no legal obligation to inform a spouse of an address change, if he or she choose not to, in this particular case, failing to disclose her whereabouts once in the USA, and most especially within 2 and a half weeks of having used a visa to move to the US to be reunited with her US citizen spouse COULD VERY WELL BE indicative of the foreign-born's true motivation. I'll admit, that there is a chance that the alien has informed USCIS and not her spouse, but if she hasn't, there can only be one other circumstance (other than that of entering a marriage with fraudulent intent) under which that could be excused, and that would be if she had been victimised. Absent abuse or an altercation with the US citizen husband in the first two weeks of being on US soil, what was her reason for entering?

I can think of more that the two scenarios. This is a two-year plus marriage. We (in the general public) see many marriages that run their couse in two years and end for any number of reasons. That doesn't mean they were entered into with other than honorable intent. There's a lot we don't know. I'm not willing to assume some activating event like abuse occured during the two and a half weeks but all kinds of things might have occured between the marriage more than two years ago and the departure soon after arrival or even between visa issue and soon after arrival. Either way, once a Consular Officer has deemed the marriage valid and issued a visa, it's going to take some pretty compelling evidence to get USCIS to even look at the issue of marriage validity at this point.

Even if one were to stipulate that it is highly likely the petitioner was mislead in some way or at some point, unless there's compelling specific evidence of a fraudulent relationship AND/OR (more likely OR) some actual reason for deportation, like criminal activity, the chances of sending her packing are slim and none. With the criminal activity, the validity of the marriage become a moot point. Actually, I think any reason that could ever be found significant enough to deport this woman would render the questions of marriage validity moot. Your thoughts?

I simply don't agree with you that the consular evalutation that the marriage appeared bonafide outweighs any and all circumstances that arise so shortly after entry. After all, the immigrant visa is offered to the foreign-born spouse directly as a result of a petition made by and to benefit the US citizen spouse. Naturally, this is a general statement, and there are always exceptions, such as the possibility that the alien could claim hardshipif the green card were to be rescinded.

I wouldn't want to make a statement like "outweighs any and all" either so we don't disagree on that. I'm asking you to describe a set of circumstances related to the validity of the marriage that you think WOULD outweigh the consular evaluation and why. You see, I can't think of any. That doesn't mean there isn't any. I'm asking if something has come to your mind. After repeated asking of the same question, with no answer given, I'm led to believe one hasn't come to you or anybody else's mind yet.

You ask, "If the marriage ceases to exist within moments after arrival, barring the presence of abuse, for what purpose should the foreign-born spouse be given the right to reside in the country?", to which I would respond, the foreign-born spouse has already been given that right without conditions and that in the absence of compelling evidence to the contrary, more compelling than simply leaving after a couple weeks, there is no reason to spend the tax and fee payer's money to re-evaluate the consular decision. Let the two adults involved get on with their lives as best they can. I'm pretty sure this is also the way USCIS sees such cases but I'm open to being further educated on the matter.

Even though things don't always work out the way we hope, the petitioner bears a substancial responsibility to evaluate the relationship before executing an affidavit of support, and to do so with eyes wide open to their liability.

[Alt name 1]

pushbrk methinks u waste your time my friend

[pushbrk 13,021]

pushbrk methinks u waste your time my friend

I guess that depends on just what you think I'm trying to accomplish, doesn't it? No worries. It's my time.

[Rebecca Jo 1,962]

http://www.loc.gov/law/find/hearings/pdf/00139298779.pdf

Here's some fun reading for you all to chew on while you pass the time with your discussion.

It's old paper, but I think students of the process will find it interesting.

Edited December 29, 2007 by JohnnyQuest

[desert_fox 32]

she is a permanent resident. She doesnt want to be around you for her own reasons....nor is she required to...forget about it.

Thin line between love and hate.

[archie07 0]

Maybe she found a new love after the marraige and continued on with the visa since it was already in progress. The OP may have been scammed.

[Ahmed & Sue 0]

My opinion...........

From reading the statements here, I know you are hurting, and I can sympathize with your situation. There must have been some good things about the relationship to remember. Focus on those.

As for her, if she stayed when she really didn't want to, neither of you would be happy. I'm sorry you were used like this. The past is the past. We learn from our experiences. You can not change the past, but you can change the future. Please don't dwell on this. It will only fester and make your life miserable. Like I said, choose to remember the good things, and learn from the experience and move on.

Life is too short to be miserable.

Take care,

Sue

[diadromous mermaid 36]

If the original intentions of the spouse, who has already been granted the "unconditional" Permanent Residence for 10 years, is immediately suspect upon arrival in the US, and within 2 1/2 weeks has gone to live somewhere else, how can she have her Visa removed: only if it is proven to have been fraudulently obtained from the beginning upon entering into a marriage, or by divorcing her, by a combination of these things, and/or by some other means? (We're talking about New Jersey here.)

She also does not state her present whereabouts or address. At this point, since she is not living with her spouse, can she lbe liable for not having reported an address change? What role does of Affidavit Support by the US-citizen husband play in all of this?

Failing to report a change of address to USCIS is a violation of the INA and an alien can be subject to severe penalties. That said, USCIS does not often pursue this. That doesn't mean that it can't be a critical event to demonstrate a lack of respect for immigration law, and the alien's motivation.

Penalties for Failure to ComplyA willful failure to give written notice to the USCIS of a change of address within 10 days of the change is a misdemeanor crime. If convicted, the alien (or parent or legal guardian of an alien under age 14 who is required to give notice) can be fined up to $200 or imprisoned up to 30 days, or both. The alien may also be subject to removal from the United States. (INA § 266(B)). Compliance with the requirement to notify the USCIS of any address changes is also a condition of an alien’s stay in the United States. Failure to comply could also jeopardize the alien’s ability to obtain a future visa or other immigration benefit.

Source: http://www.uscis.gov/addresschange

I would add the note that the immigrant is required to report a change of address to the USCIS, not to anybody else, including their spouse, if they so choose. Further the USC spouse has no inherent right to know whether USCIS has received any change of address. USCIS doesn't often pursue this unless there is some other compelling reason to find the immigrant, like suspected serious criminal activity.

While I agree that the Change of Address obligation is between the alien and USCIS, and that an alien has no legal obligation to inform a spouse of an address change, if he or she choose not to, in this particular case, failing to disclose her whereabouts once in the USA, and most especially within 2 and a half weeks of having used a visa to move to the US to be reunited with her US citizen spouse COULD VERY WELL BE indicative of the foreign-born's true motivation. I'll admit, that there is a chance that the alien has informed USCIS and not her spouse, but if she hasn't, there can only be one other circumstance (other than that of entering a marriage with fraudulent intent) under which that could be excused, and that would be if she had been victimised. Absent abuse or an altercation with the US citizen husband in the first two weeks of being on US soil, what was her reason for entering?

I can think of more that the two scenarios. This is a two-year plus marriage. We (in the general public) see many marriages that run their couse in two years and end for any number of reasons. That doesn't mean they were entered into with other than honorable intent. There's a lot we don't know. I'm not willing to assume some activating event like abuse occured during the two and a half weeks but all kinds of things might have occured between the marriage more than two years ago and the departure soon after arrival or even between visa issue and soon after arrival. Either way, once a Consular Officer has deemed the marriage valid and issued a visa, it's going to take some pretty compelling evidence to get USCIS to even look at the issue of marriage validity at this point.

Even if one were to stipulate that it is highly likely the petitioner was mislead in some way or at some point, unless there's compelling specific evidence of a fraudulent relationship AND/OR (more likely OR) some actual reason for deportation, like criminal activity, the chances of sending her packing are slim and none. With the criminal activity, the validity of the marriage become a moot point. Actually, I think any reason that could ever be found significant enough to deport this woman would render the questions of marriage validity moot. Your thoughts?

I simply don't agree with you that the consular evalutation that the marriage appeared bonafide outweighs any and all circumstances that arise so shortly after entry. After all, the immigrant visa is offered to the foreign-born spouse directly as a result of a petition made by and to benefit the US citizen spouse. Naturally, this is a general statement, and there are always exceptions, such as the possibility that the alien could claim hardshipif the green card were to be rescinded.

I wouldn't want to make a statement like "outweighs any and all" either so we don't disagree on that. I'm asking you to describe a set of circumstances related to the validity of the marriage that you think WOULD outweigh the consular evaluation and why. You see, I can't think of any. That doesn't mean there isn't any. I'm asking if something has come to your mind. After repeated asking of the same question, with no answer given, I'm led to believe one hasn't come to you or anybody else's mind yet.

You ask, "If the marriage ceases to exist within moments after arrival, barring the presence of abuse, for what purpose should the foreign-born spouse be given the right to reside in the country?", to which I would respond, the foreign-born spouse has already been given that right without conditions and that in the absence of compelling evidence to the contrary, more compelling than simply leaving after a couple weeks, there is no reason to spend the tax and fee payer's money to re-evaluate the consular decision. Let the two adults involved get on with their lives as best they can. I'm pretty sure this is also the way USCIS sees such cases but I'm open to being further educated on the matter.

Even though things don't always work out the way we hope, the petitioner bears a substancial responsibility to evaluate the relationship before executing an affidavit of support, and to do so with eyes wide open to their liability.

Without mincing words, that right you are suggesting that the alien has without conditions was given, by USCIS, as a benefit to the USC so that he or she may live in marital bliss in the USA with a person who unfortunately is not native born and was offered to the alien, by USCIS, based upon certain assurances made by the parties that the intent upon entering the marriage was bonafide and that the marriage is not simply a means to evade immigration law. That right has contingencies....the status might not have conditions for the average alien...BUT ALL GREEN CARDS HAVE CONTINGENCIES that can come to haunt the occasional alien. You ask, what contingency? That the assurances offered by the alien, the US citizen, and/or both was the truth! Otherwise, the decision to award the alien a green card can be rescinded.

Evidence comes in all shapes and sizes. If written it is near impossible to refute. But even if there is no written evidence, there are always circumstances that demonstrate enough of a suspicion, and overcoming that suspicion is a burden the alien must bear.

Letters, emails, chat transcripts between the OP and his spouse illustrating a normal, healthy, loving relationship, created a matter of days prior to her disappearance coupled with evidence of her plans to disappear shortly upon entry would outweight a determination made by any consular officer. Bear in mind that the consular officer is only able tyo make a determination based upon the parties before him and a limited amount of commingled documentation. And comportment and composure at a consular interview can be well rehearsed by any would-be conartist. BUT the actions of an alien once he or she has determined that she has managed to fly under the radar speaks to intent as well.

[pushbrk 13,021]

Without mincing words, that right you are suggesting that the alien has without conditions was given, by USCIS, as a benefit to the USC so that he or she may live in marital bliss in the USA with a person who unfortunately is not native born and was offered to the alien, by USCIS, based upon certain assurances made by the parties that the intent upon entering the marriage was bonafide and that the marriage is not simply a means to evade immigration law. That right has contingencies....the status might not have conditions for the average alien...BUT ALL GREEN CARDS HAVE CONTINGENCIES that can come to haunt the occasional alien. You ask, what contingency? That the assurances offered by the alien, the US citizen, and/or both was the truth! Otherwise, the decision to award the alien a green card can be rescinded.

Evidence comes in all shapes and sizes. If written it is near impossible to refute. But even if there is no written evidence, there are always circumstances that demonstrate enough of a suspicion, and overcoming that suspicion is a burden the alien must bear.

Letters, emails, chat transcripts between the OP and his spouse illustrating a normal, healthy, loving relationship, created a matter of days prior to her disappearance coupled with evidence of her plans to disappear shortly upon entry would outweight a determination made by any consular officer. Bear in mind that the consular officer is only able tyo make a determination based upon the parties before him and a limited amount of commingled documentation. And comportment and composure at a consular interview can be well rehearsed by any would-be conartist. BUT the actions of an alien once he or she has determined that she has managed to fly under the radar speaks to intent as well.

Yes, if somehow written evidence of the foreign spouse's intention to abandon the marriage came to light, it would be pretty compelling. However, suspicion is only sufficient for a Notice of Intent to Deny and possibly eventual visa denial. It is not enough for deportation after permanent resident status is achieved. The burden of proving a valid relationship doesn't carry any substancial time requirement. The service would be hard pressed to deport an alien based on abandonment alone, if they even cohobitated one day after entry. Whether that day or a couple weeks constitutes a valid marriage relationship that later "broke" isn't going to end in deportation if it boils down to nothing more than he said, she said.

This OP says only that the motives were suspect. That's not going to be good enough on its own to even get USCIS to investigate further beyond a note to the file, if that.