K1 Fraudulent Marriage.

[diadromous mermaid 36]

I really am on your side which is why I took the time to write that post above. If it happened to me, that is exactly what I would do.

I understand that it's hard to keep track of someone while they are in another country. My initial comments were directed at this statement:

"Within several weeks of our marriage, she had her first affair in the US."

The key words there for me were "first affair". There's no doubt in my mind that this woman married you for a green card, but you have to accept your own culpability in the matter. My initial comments may seem harsh, but there is actually some wisdom there for the future. Live and learn.

One other point. You said: "Additionally, I have the 3 year support issue to contend with."

I'm assuming you are referring to I-864, so I hate to be the bearer of more bad news, but it's more than 3 years. It specifically says:

I understand that my obligation will continue until my death or the sponsored immigrant(s) have become U.S. citizens, can be credited with 40 quarters of work, depart the United States permanently, or die.

I don't believe someone entering on a K-1 is able to apply for citizenship until after 3 years from the date of receiving the Permanent Residence Card. Then from that point, it may be another couple years before she gets it after she jumps through all of the INS hoops. It's much more than 3 years you have to contend with.

As I said, at least you are out of the marriage mess now. I commend you for having the initiative to go through with the uncontested divorce.

I'd like to pose a general question for the above statement. If one were intent on perpetrating fraud, for the purposes of gaining permanent residency, wouldn't you imagine that the alien would try to keep up the facade as long as possible, certainly until the AOS has been approved and a conditional green card awarded? I would think that way. After that it would not require that the charade continue, as long as the USC is none the wiser. That said, it is entirely posssible that there are fraudulent marriages, when the alien is able to carry on an affair or perpetuate the myth that the marriage is genuine for some time. Remember, good con-men/women are skilled masters. The fact that many fraudulent marriages are detected prior to AOS is probably indicative of the fact that the enticement to live in the US is great enough to encourage even an unskilled confidence trickster to try his or her hand.

In all fairness to Burned, it is highly possible that

1.)the first affair that Burned referred to was discovered after the fact.

2.) he was, as we all might be, nonplussed at the discovery and it took time to process. In cases of "unilateral" immigration fraud through marriage, one party is totally unaware and legitimately in love with the alien. It takes time to sink in and take the steps to do something about it, I would suspect.

In case you can't relate, bear in mind a parent's agitation and torment with a child that is misbehaving, prior to actually picking up the phone and calling a sheriff. I think we need to be a little more compassionate towards Burned.

[magnus0201 0]

Point taken, but I don't know why it takes 6 months to sink in that your wife is in another man's bed every weekend, before you file for divorce. That's not denial or taking time to come to grips with something..... that's doormat.

I don't know all the details in this man's life, and I probably shouldn't have posted anything in the first place, but he asked for advice on what he could do to stop her from getting permanent residence, so I offered up substantive measures to take, rather than simply telling him to "call INS."

Burned ... don't take anything I said personal. This site is anonymous, so you have suffered no embarrassment, therefore I don't feel the need to baby you and tell you that it wasn't your fault, etc. etc,. It probably wasn't your fault, but that doesn't negate the fact that you have some cupability in the matter. Being a victim of fraud could happen to anyone, but it is a lot easier to become a victim when you allow it yourself.

Live and learn.

Edited May 25, 2006 by mjpyro

[dmartmar 1]

Mjpyro,

Point taken, but I don't know why it takes 6 months to sink in that your wife is in another man's bed every weekend, before you file for divorce. That's not denial or taking time to come to grips with something..... that's a doormat.

Burned,

After about six months of marriage she would not come home on weekends, shacking up with her new boyfriend.

Her spending weekends with another man started about 6 mos. AFTER marriage.

I don't know all the details in this man's life, and I probably shouldn't have posted anything in the first place, but he asked for advice on what he could do to stop her from getting permanent residence, so I offered substantial measures he could take, rather than simply telling him to "call the INS."

"Call the INS" is the first and foremost thing he should do!

mjpyro,

Burned ... don't take anything I said personal. This site is anonymous, so you have suffered no embarrassment, therefore I don't feel the need to baby you and tell you it wasn't your fault, etc. It probably wasn't your fault, but that doesn't negate the fact that you have some culpability in the matter. Being a victim of fraud could happen to anyone, but it is a lot easier to become a victim when you allow it to happen yourself.

Live and learn.

burned

But when your fiancee/wife is from another country which you don't speak the language and you can only communicate with her family thru her, it is very easy. And when your country will not issue her a visitor visa. You can only see her a few weeks every six months. It is very easy to conceal another relationship. I dated her for 2.5 years. The fiancee visa only gives you 3 months to decide and marry.

I think he clearly admits having some culpability in the matter and accepts full responsibility of his mistakes.

[portsaid 0]

Dear Burned,

I'm sorry to hear about this. My case is similiar. I can't tell from reading your post if she obtained conditional residency status. Did you file AOS and if so, was it approved? You mention a three-year committment, which is the affidavit of support for the K-1, the affidavit of support attached to the AOS isn't just for three-years. The discussion is about removing conditions and I'm not sure the conditions are in place to remove. If the AOS wasn't approved then she has NO STATUS and cannot adjust status through anyone other than you, the original petitioner. If the AOS hasn't been approved, tell USCIS that you want to withdraw the affidavit of support. If the application hasn't been approved and you withdraw your support, then the case will be denied.

Like everyone else said, YES, by all means notify USCIS. You can do this by letter or in person. I did both.

If you send a letter, make sure you send it via certified mail with delivery confirmation. If you decide to go in person, go to the USCIS webpage and make an InfoPass appointment. Prepare notes with a timeline and when you arrive be brief and to the point. They don't care about your broken heart. I'm not trying to be mean, just realistic.

I sincerely hope she will not be able to stay. I don't think marrying a US citizen should equal a green card.

I know many marriages fail, but from what you said this woman most likely used you to come to America and if she can't respect you enough to even try to be a wife then she should go back to wherever she came from.

You might also consider calling ICE, Immigration and Custom Enforcement to report her. I can't say that anything you do will ensure her deportation, but at least you will know you notified the proper authorities.

Good luck,

[pilot's girl 0]

Sorry if my question is ignorant, but can she even lift the condition from her 2-year GC if she's divorced? Isn't this what conditional GC is all about? Preventing ppl from getting sham marriages for residency? I thought if you get divorced in that 2-year period, you're sent back to your home country.. Please correct me if I'm wrong.

Burned, I'm very sorry you have been used like this.

[tmma 467]

Mjpyro,

Point taken, but I don't know why it takes 6 months to sink in that your wife is in another man's bed every weekend, before you file for divorce. That's not denial or taking time to come to grips with something..... that's a doormat.

Burned,

After about six months of marriage she would not come home on weekends, shacking up with her new boyfriend.

Her spending weekends with another man started about 6 mos. AFTER marriage.

I don't know all the details in this man's life, and I probably shouldn't have posted anything in the first place, but he asked for advice on what he could do to stop her from getting permanent residence, so I offered substantial measures he could take, rather than simply telling him to "call the INS."

"Call the INS" is the first and foremost thing he should do!

mjpyro,

Burned ... don't take anything I said personal. This site is anonymous, so you have suffered no embarrassment, therefore I don't feel the need to baby you and tell you it wasn't your fault, etc. It probably wasn't your fault, but that doesn't negate the fact that you have some culpability in the matter. Being a victim of fraud could happen to anyone, but it is a lot easier to become a victim when you allow it to happen yourself.

Live and learn.

burned

But when your fiancee/wife is from another country which you don't speak the language and you can only communicate with her family thru her, it is very easy. And when your country will not issue her a visitor visa. You can only see her a few weeks every six months. It is very easy to conceal another relationship. I dated her for 2.5 years. The fiancee visa only gives you 3 months to decide and marry.

I think he clearly admits having some culpability in the matter and accepts full responsibility of his mistakes.

Agreed 100% with dmartmar on this one! Please-call the INS asap!

edit-burned, so sorry this happened-sort it out-learn from it- move on to enjoy the rest of your life!

Edited May 26, 2006 by tmma

[Jenn! 918]

Sorry if my question is ignorant, but can she even lift the condition from her 2-year GC if she's divorced? Isn't this what conditional GC is all about? Preventing ppl from getting sham marriages for residency? I thought if you get divorced in that 2-year period, you're sent back to your home country.. Please correct me if I'm wrong.

Burned, I'm very sorry you have been used like this.

As far as I'm aware, they will still remove conditions on the green card as long as it is shown that the marriage was entered into in good faith, even if the marriage ended in divorce prior to removal of conditions.

[pilot's girl 0]

Thanks for your clarification jenn! So his wife did not enter the marriage in good faith since she kept a boyfriend in her home country and had a history of marriage fraud before, right?

[Jenn! 918]

Thanks for your clarification jenn! So his wife did not enter the marriage in good faith since she kept a boyfriend in her home country and had a history of marriage fraud before, right?

I would say that it wasn't entered in good faith, but I'm not sure what the process is for proving that, or whose burden it is to do so.

[Burned 0]

I have not taken anything personnel and no need to apologize. I appreciate everybody taking the time to respond. Yes, I have fault. I ignored some things that did not make sense, but in love you are suppose to trust.

I did not discover the first affair until I started the investigation after about 8 months of marriage.

So I can withdraw my affidavit of support? Will do and notify CSI.

Thanks Portsaid, sorry about your marriage.

Emotionally I'm doing fine.

[JanaknJanet 0]

Burned Best of luck with what you end up doing.

Making a step to claify to authorities takes balls..

that I am afraid to say is something many men dont have..

Keep your chin up.. document.. document document.

Just remember.. you need to get it stated before she states that you did something such as abuse. ..

doesnt matter if you are male or female.. .. people of either gender have been known to do anything possible to get here.. just be glad you found out now before any babies were born. or.. worse.. she did something that would incriminate you in some bad thing. or something... ..

:-) hugs and best of luck

[diadromous mermaid 36]

I have not taken anything personnel and no need to apologize. I appreciate everybody taking the time to respond. Yes, I have fault. I ignored some things that did not make sense, but in love you are suppose to trust.

I did not discover the first affair until I started the investigation after about 8 months of marriage.

So I can withdraw my affidavit of support? Will do and notify CSI.

Thanks Portsaid, sorry about your marriage.

Emotionally I'm doing fine.

Burned,

Technically, the Affidavit of Support is irrevocable. Once signed and submitted it can't be withdrawn, *technically*. However, any petition that is pending for which you are a co-petitioner can be withdrawn. In the case of a pending AOS submission: Granted the application is the alien's, but the marriage upon which the alien has the privilege of applying is one to the USC. Therefore, is the USC informs USCIS that the marriage is ending, due to alien's fraudulent inducement, as long as sufficient evidence is provided to support that contention, then the basis for adjustment is not longer valid. The alien must be in a sustaining marriage to adjust. USCIS would probably call the alien for aninterview, finding that the marriage is not sustaining, the application would be denied and the Affidavit would fall with the denial.

Edited May 29, 2006 by diadromous mermaid

[Burned 0]

diadromous mermaid

Thanks! I am in the process now. Will include names and phone numbers of everybody that can corroborate facts. I obtained first hand information illegally can that be used? Or can describe this information?

Thanks again to all! This is a great forum!

I have not taken anything personnel and no need to apologize. I appreciate everybody taking the time to respond. Yes, I have fault. I ignored some things that did not make sense, but in love you are suppose to trust.

I did not discover the first affair until I started the investigation after about 8 months of marriage.

So I can withdraw my affidavit of support? Will do and notify CSI.

Thanks Portsaid, sorry about your marriage.

Emotionally I'm doing fine.

Burned,

Technically, the Affidavit of Support is irrevocable. Once signed and submitted it can't be withdrawn, *technically*. However, any petition that is pending for which you are a co-petitioner can be withdrawn. In the case of a pending AOS submission: Granted the application is the alien's, but the marriage upon which the alien has the privilege of applying is one to the USC. Therefore, is the USC informs USCIS that the marriage is ending, due to alien's fraudulent inducement, as long as sufficient evidence is provided to support that contention, then the basis for adjustment is not longer valid. The alien must be in a sustaining marriage to adjust. USCIS would probably call the alien for aninterview, finding that the marriage is not sustaining, the application would be denied and the Affidavit would fall with the denial.

[diadromous mermaid 36]

diadromous mermaid

Thanks! I am in the process now. Will include names and phone numbers of everybody that can corroborate facts. I obtained first hand information illegally can that be used? Or can describe this information?

Burned,

It might be even better to get signed and notarised Affidavits from those who have first-hand knowledge. In those affidavits, the individuals could mention that they are willing to speak directly with USCIS and offer their contact information, should USCIS wish to follow up with them

Now for the important part. You say the information was obtained illegally. In that case it would be unwise to offer or mention those facts. Are you certain?

Edited June 4, 2006 by diadromous mermaid

[Kazakhsha 0]

Dear Burned,

I am very sorry to hear your situation. Sometimes these things work out -- sometimes they do not. IT IS NOT YOUR FAULT. I know a couple of guys who married Russian girls and they had boyfriends back in Russia or met a richer American guy. Good riddance and at least you found out now rather than 30 years from now! If you have her papers, you'll need to write immigration and include copies of some of lyour INS/CIS notices. SInce CIS is pretty bureacratic, you can contact your senator or congressman's office, ask for the name of the staff person who handles immigration matters, talk to them and they will then ask you to put it in writing and forward it to them. (Key items will include CIS case numbers that begin with MSC, EAC, etc). Usually the staff are not familiar with immigration procedures (ironic), but they have to and will contact CIS which has a special COngressional liaison line and will get you the facts you need.

Good luck,

Kazakhsa