Getting sis, nieces and nephews to US!

[Dakine 26]

How's this.

Saw where a guy divorced his filipino wife. They are still living together.

She removed conditions and got 10 year GC.

He is now marrying her sister who is a widow with 2 kids in the Philippines and doing CR-1/CR-2 visas for sis and the kids.

"Is this a "good" fast way to get nieces and nephews plus siblings to the US??

I guess you wouldn't have to wait very long to remove conditions if they divorced.

Like a CR only a month after arrival.

"May" end up being ONE BIG happy family!!!

Good example how Filipinos take care of their familes.

What's they "bad" side?

Edited August 5, 2008 by Haole

[ManilaIdaho 2]

How's this.

Saw where a guy divorced his filipino wife. They are still living together.

She removed conditions and got 10 year GC.

He is now marrying her sister who is a widow with 2 kids in the Philippines and doing CR-1/CR-2 visas for sis and the kids.

"Is this a "good" fast way to get nieces and nephews plus siblings to the US??

I guess you wouldn't have to wait very long to remove conditions if they divorced.

Like a CR only a month after arrival.

"May" end up being ONE BIG happy family!!!

Good example how Filipinos take care of their familes.

What's they "bad" side?

I'm just curious,are you telling us about your plans to your wife and her family?

[Dakine 26]

How's this.

Saw where a guy divorced his filipino wife. They are still living together.

She removed conditions and got 10 year GC.

He is now marrying her sister who is a widow with 2 kids in the Philippines and doing CR-1/CR-2 visas for sis and the kids.

"Is this a "good" fast way to get nieces and nephews plus siblings to the US??

I guess you wouldn't have to wait very long to remove conditions if they divorced.

Like a CR only a month after arrival.

"May" end up being ONE BIG happy family!!!

Good example how Filipinos take care of their familes.

What's the "bad" side?

I'm just curious,are you telling us about your plans to your wife and her family?

Hhahahhaha! Close but no cigar!

[Carlawarla 1]

How's this.

Saw where a guy divorced his filipino wife. They are still living together.

She removed conditions and got 10 year GC.

He is now marrying her sister who is a widow with 2 kids in the Philippines and doing CR-1/CR-2 visas for sis and the kids.

"Is this a "good" fast way to get nieces and nephews plus siblings to the US??

I guess you wouldn't have to wait very long to remove conditions if they divorced.

Like a CR only a month after arrival.

"May" end up being ONE BIG happy family!!!

Good example how Filipinos take care of their familes.

What's they "bad" side?

Good example of fraud? I'd be highly suspicious of this arrangement. If guy is divorced, why would he and his ex-wife be living together? It might look like it's a fast way to get the rest of the family to the US and bypassing the regular wait times, but it's not legal...well, I guess maybe it is legal given he's divorced and doing another visa for someone else, but the someone else is HER SISTER??? Give me a break. If this visa would never get beyond the Consulate stage would it? Surely hope it doesn't...this reeks!

[Mononoke28 135]

Well, what he is doing is illegal for one and if the CO and the USCIS are smart enough to catch this, he would be in big trouble.

But, to each his own.

Diana

Edited August 5, 2008 by Mononoke28

[john_and_marlene 162]

It might be the fastest way for the sister to get a permanent ban from ever coming to the U.S. for comitting fraud. The husband (pseudo-ex husband) could also be charged with the fraud and fined and/or serve prison time.

If they think the consulate will not realize that they are sisters and the petitioner has married the sister to unite the family, I think they have a surprise coming.

[Mononoke28 135]

I agree. Huuuuuuuuuuuuge gamble with a lot to lose.

Diana

[Penguin_ie 5,993]

I agree with the others- the risk of a ban is too big, and it is definitely fraud. Unless you wait several years, there will be HUGE red flags about marrying the sister of the ex wife so quickly, and even if you wait, there will be lots of questioning. Plus if they see you still living together with the (supposed) ex, that'll be it for any visas, and they probably end up deporting the ex for fraud too.

[Boiler 45,488]

It may be fraud or not, if it was soley for the purpose of Immigration benefit it would be.

I seem to remeber historically it was not unknown for usually widows/ers to marry other siblings.

[Mononoke28 135]

It may be fraud or not, if it was soley for the purpose of Immigration benefit it would be.

I seem to remeber historically it was not unknown for usually widows/ers to marry other siblings.

But he's not a widower. His wife is still alive and living with him. So in this case, it is fraud.

Diana

[Boiler 45,488]

It may be fraud or not, if it was soley for the purpose of Immigration benefit it would be.

I seem to remeber historically it was not unknown for usually widows/ers to marry other siblings.

But he's not a widower. His wife is still alive and living with him. So in this case, it is fraud.

Diana

I am sure there have been cases where a guy has dumped one sister for another with no immigration involvement.

I would be suspicious, but just marrying another sister does not conclusively prove fraud.

[Captain Oates 911]

It may be fraud or not, if it was soley for the purpose of Immigration benefit it would be.

I seem to remeber historically it was not unknown for usually widows/ers to marry other siblings.

But he's not a widower. His wife is still alive and living with him. So in this case, it is fraud.

Diana

I am sure there have been cases where a guy has dumped one sister for another with no immigration involvement.

I would be suspicious, but just marrying another sister does not conclusively prove fraud.

My ex's sister was knock out - I got the wrong one first time round and I would have gone for her if I could ....don't tell my final wife though...

Seriously it's all about intent - trouble is that the USCIS don't need to prove intent to refuse the visa - so they would say no. BUT:

Getting a conviction for fraud would be very hard as they would need to prove that - suspicion isn't enough - fishy isn't enough and :

Many divorced people remain living together because of housing costs.

Many divorced people marry their ex in-laws because they know them so well

But the USCIS would spike the whole thing anyway even before it happened so it would never get to that

But forget deporting the ex-spouse - she could claim it was nothing to do with her, and all her actions were innocent - even if the ex hubby could be pinned down - no such thing as collective guilt and because the thing 'stinks' doesn't make it illegal without some evidence. It can be unacceptable to the USCIS without any evidence being needed and that's where 'stinks' is relevant

Just coz the USCIS would be hard pressed to get a conviction doesn't mean they wouldn't frighten the pants off em anyway - they would threaten em with all sorts of nasties.

So you indignant folk can be assured it won't happen, but your wish to give them hard labor in a federal prison won't happen either unless he is a simpleton and admits a guilty intent

[blueblue 0]

You're right in that the determination of fraud goes to intent, misrepresentation is the "intentional" withholding or lying about "material" information. The way the OP phrased his question, implies some intent to commit fraud, e.g. he did not say he has now decided he married the wrong sister and is planning to marry his true love, the other sister. If it is not fraud, then he should change the way he speaks about it.

You are not correct though that mere suspicion is not enough to have their petition thown out by DOS. It may not be enough according to the law, if they have an approved petition it is supposed to be prima facia evidence of a valid relationship eligible for immigration benefits. However, because the DOS CO has discretion and you have no right to appeal their denial of a visa based merely on suspicion, you are still SOL if they make that decision based on their assumptions or speculation. Disgracefully, they do this all the time, even to obviously bonafide couples. While a conviction/fine/jail is unlikely in this scenario, a denied visa and charge of misrep is very likely.

Edited August 17, 2008 by blueblue

[Captain Oates 911]

You're right in that the determination of fraud goes to intent, misrepresentation is the "intentional" withholding or lying about "material" information. The way the OP phrased his question, implies some intent to commit fraud, e.g. he did not say he has now decided he married the wrong sister and is planning to marry his true love, the other sister. If it is not fraud, then he should change the way he speaks about it.

You are not correct though that mere suspicion is not enough to have their petition thown out by DOS. It may not be enough according to the law, if they have an approved petition it is supposed to be prima facia evidence of a valid relationship eligible for immigration benefits. However, because the DOS CO has discretion and you have no right to appeal their denial of a visa based merely on suspicion, you are still SOL if they make that decision based on their assumptions or speculation. Disgracefully, they do this all the time, even to obviously bonafide couples. While a conviction/fine/jail is unlikely in this scenario, a denied visa and charge of misrep is very likely.

I am sorry but you need to read my post again and very CAREFULLY , because I made the point over and over again that the DOS do NOT need evidence, only suspicion, and they WOULD throw the petition out.

My point was that they would struggle to get a criminal conviction because in a criminal court, the first wife could very easily claim she was unaware of a plot and even the man could get away with it if he stuck to his guns that it was a love thing

I then said that readers should relax because this arrangement would not work - and a visa would NOT be issued

I don't know how you could have read my post and have then gone away with exactly the OPPOSITE meaning - as I repeated it over and over again

Nul points for reading comprehension and extra tuition after school for you !

Edited August 18, 2008 by saywhat

[*JG* 2]

How's this.

Saw where a guy divorced his filipino wife. They are still living together.

She removed conditions and got 10 year GC.

He is now marrying her sister who is a widow with 2 kids in the Philippines and doing CR-1/CR-2 visas for sis and the kids.

"Is this a "good" fast way to get nieces and nephews plus siblings to the US??

I guess you wouldn't have to wait very long to remove conditions if they divorced.

Like a CR only a month after arrival.

"May" end up being ONE BIG happy family!!!

Good example how Filipinos take care of their familes.

What's they "bad" side?

All I can do is shake my head at this one.

Does his ex-wife have any more sisters????????????