How to prevent potential VAWA fraud

[supercomp 0]

Posting for a friend (from India):

Girl's family registered marriage and obtained official marriage certficate after engagement (aka without actual marriage ceremony taking place). They have been blackmailing my friend to file I-130 and what not, but he is not budging. He broke of engagement but issue of marriage registration sticks (can't be reversed without long court battle IN india). My friend NEVER lived with girl and has spent less than week (in front of family) with the girl. No physical relations. Girl has never been to USA.

Can girl come to USA on Visitor/Student Visa and claim "abuse" by U.S. Citizen to obtain VAWA greencard without actually LIVING with the guy (with just the marriage certificate)? What can my friend do to stop this immigration fraud?

[diadromous mermaid 36]

If no I-130 has been filed, and he doesn't intend to file one, she would have a very uphill battle ahead of her to prove any prima facie case. If she enters the USA on a tourist visa, with the intent to adjust status once in the USA (through VAWA or otherwise, she is misusing the tourist visa, and he would have every right to inform USCIS if that is the case.) At this point she has not left her homeland to join her spouse in the USA, and therefore there is no real reason for her to petition the USCIS for any grant of relief. Me thinks they are trying to scare him into submission. Sounds like a groupd of people he should steer clear of. He should attempt to terminate the marriage and move forward.

Posting for a friend (from India):

Girl's family registered marriage and obtained official marriage certficate after engagement (aka without actual marriage ceremony taking place). They have been blackmailing my friend to file I-130 and what not, but he is not budging. He broke of engagement but issue of marriage registration sticks (can't be reversed without long court battle IN india). My friend NEVER lived with girl and has spent less than week (in front of family) with the girl. No physical relations. Girl has never been to USA.

Can girl come to USA on Visitor/Student Visa and claim "abuse" by U.S. Citizen to obtain VAWA greencard without actually LIVING with the guy (with just the marriage certificate)? What can my friend do to stop this immigration fraud?

[supercomp 0]

He is clearly not going to marry this girl anymore. No sane person would after getting threatened to file I-130 right engagement. Tricky part is how to get divorce, when infact you never got married but it exists only paper. Not doing anything is risky because she could claim valid marriage at future date and come after his properties when he is wealthy (currenltly he is bankrupt).

Anyways, what kind of evidence are required for I-360? Obviously they have not lived together, so she cannot claim any abuse unless she is making #### up out of thin air.

Since you mentioned it, why would filing I-130 matter?

[MihaelaNYS 10]

Anyways, what kind of evidence are required for I-360? Obviously they have not lived together, so she cannot claim any abuse unless she is making #### up out of thin air.

Since you mentioned it, why would filing I-130 matter?

If he didnt file anything for her to come here (I-130) then there is no concern that she would get any immigration benefits from just having a marriage certificate from India.

If she cannot prove they lived together I dont see how she can further get any immigration benefits (I-360).

The only thing that could be legally challenging is the claim on his assets later on. It all depends on the matrimonial laws of the State where he lives.

The most logical strategy would be to get an annulment in India if it is possible.

[supercomp 0]

Divorce or Annulment is not possible in India unless FEMALE counterpart agrees. If guy files for divorce, it is almost never granted unless it is by mutual consent. Obviously, there can't be any mutual consent if her family is demanding immigration benefits in return for "divorce".

So basically, nothing is possible in India.

[MihaelaNYS 10]

her family is demanding immigration benefits in return for "divorce".

....

He should not help her get here in any way.

He`ll be blackmailed further down the road ... it is not worth it (+ it would be fraud on his part too and he could get a big fine and jail time).

He should get a legal advice from a divorce lawyer in the State where he resides.

I dont know the laws in India but another way to calm them down would be to gather evidence that her family is doing this and see a criminal lawyer, get legal help and figure out how he can charge them for doing this to him.

Even a Police report or claim or anything that would somehow describe the situation. With that statement, if later on, she'll come after him, he can prove that there was no real marriage or relationship. Her family will agree to a divorce later on because there is the only way they will ,,sell,, her to somebody else......

[akdiver 3]

He does not live in India.

He lives in whatever state he lives in.

He should file for divorce in that state.

It sounds as if he has been abandoned by his "wife" and should so indicate in his petition for divorce. If I were here, I would go ahead and mention the attempted blackmail as well - as sort of a preemptive defense against whatever bullshit may come along.

Once his state grants his dirvoce, he is divorced as far as the U.S. is concerned. What India thinks really doesn't matter, unless he wants to get married in India again.

[morocco4ever 63]

If he has physical proof of blackmail I would submit this to the USCIS/DOS. I doubt that they could get anything from him, so if the blackmail doesn't work they will move on to another victim. The USCIS/DOS should be aware of this person.

[supercomp 0]

If he has physical proof of blackmail I would submit this to the USCIS/DOS. I doubt that they could get anything from him, so if the blackmail doesn't work they will move on to another victim. The USCIS/DOS should be aware of this person.

He has tape recording (from phone) of them asking for greencard for "divorce". However, he has been told that he cannot use it as it is illegal to record telephone conversation without permission.

Where would one report this fraud to? There are so many USCIS center and what not. Is there fraud department for USCIS somewhere?

Oh, btw, there is no way he is going to file anything for them. I guess I will let him know that he can get annulment/divorce from US and he doesn't have to worry about stuff in India.

Thanks guys.

[russian_armenian 4]

He can get divorce here but usually after about 2 years of separation in such cases. But it will mean that marriage was legit. I would tell girl's relatives that husband would report to immigration fraud unit and will turn tape to them (it is not a court-they would take it). And the girl would never even have a chance to come here even on student visa. There will be a big flag agains her name at border's and CIS. And give relatives some time to get official divorce paper in India. If not agree tell that if husband would hear even 10 years down the road that she is in US, he will report and make her life miserable. Might work if relatives are so eger to get her here.

Posting for a friend (from India):

Girl's family registered marriage and obtained official marriage certficate after engagement (aka without actual marriage ceremony taking place). They have been blackmailing my friend to file I-130 and what not, but he is not budging. He broke of engagement but issue of marriage registration sticks (can't be reversed without long court battle IN india). My friend NEVER lived with girl and has spent less than week (in front of family) with the girl. No physical relations. Girl has never been to USA.

Can girl come to USA on Visitor/Student Visa and claim "abuse" by U.S. Citizen to obtain VAWA greencard without actually LIVING with the guy (with just the marriage certificate)? What can my friend do to stop this immigration fraud?

[diadromous mermaid 36]

If one wished to report a potential attempt to defraud the government by way of an immigrant visa, you would be best to do so in writing to the Service Center over your jurisdiction. However, if this was an arranged marriage, doesn't that involve two families determining that the parties are right for each other? If so, I would consider what implication reporting this incident to USCIS might have on your family. Divorce is an emotional issue. Just be steadfast in your decision not to continue the relationship; inform the family that you are aware that they are attempting to circumvent US immigration law and that if they pressure you, you will be forced to let them know, and part company quickly and without further ado.

If he has physical proof of blackmail I would submit this to the USCIS/DOS. I doubt that they could get anything from him, so if the blackmail doesn't work they will move on to another victim. The USCIS/DOS should be aware of this person.

He has tape recording (from phone) of them asking for greencard for "divorce". However, he has been told that he cannot use it as it is illegal to record telephone conversation without permission.

Where would one report this fraud to? There are so many USCIS center and what not. Is there fraud department for USCIS somewhere?

Oh, btw, there is no way he is going to file anything for them. I guess I will let him know that he can get annulment/divorce from US and he doesn't have to worry about stuff in India.

Thanks guys.

[maliciant 7]

Tape recordings without permission are not necessarily a problem, it depends on the state. She is NOT a USC so doesn't necessarily have the same right to privacy... and as has been said, ICE doesn't care what's admissable in court, they have the power to say no for any reason (or none at all).