Interesting article on marriage fraud

[Jasman0717 9]

Good read, something like this should be pinned but I forgot how to vote for it

[Sinergy 3]

moved from K1 forum to OT as it was not a K1 related and was more OT discussion

[Cacerez 19]

Eliminate Fiancé (K-1) visas. There is simply too much fraud associated with this visa category. Americans who intend to marry foreign nationals are free to do so, but making the effort to get married abroad testifies to the legitimacy and seriousness of the relationship. Couples can always have a second ceremony or reception in the United States once the foreign spouse receives his or her immigrant visa.

Ummmm...no they can't. I believe that vows are made before God and should not be repeated, because that would mean that my first vows were meaningless. This article was interesting...but some of his suggestions ridiculous. He also mentions those with criminal backgrounds or previous divorces not able to take advantage of this type of Visa. Now what about those who, like some I have read here, committed a crime 10+ years ago, never repeated, did the time/community service/paid the fines, etc., and are repentant? Or those who, like me, were victims of infidelity and because of that received a divorce? I'm just glad these are only his suggestions and not proposed changes.

[Sinergy 3]

Very interesting article,

This recommendation I do not agree with:

Recommendations

Eliminate Fiancé (K-1) visas. There is simply too much fraud associated with this visa category. Americans who intend to marry foreign nationals are free to do so, but making the effort to get married abroad testifies to the legitimacy and seriousness of the relationship. Couples can always have a second ceremony or reception in the United States once the foreign spouse receives his or her immigrant visa.

Yes there is alot of fraud with the K-1 visas....also the reason I have to go through more of the red tape ####### because of others who have abused the system!! It makes me SOOOO MAD!!

Excuse me...but who the heck is he to tell me that because I don't want to get married abroad (in my home country) I am not testifying to the legitmacy and seriousness! I lived with my fiance for almost 2 years, been together for 4 years!!! I could have married and adjusted status from F-1 visa but we were not ready! Now I have double the hoops to go through, ( K-1 and AOS vs. just AOS) but I was not going to abuse the system!!!

Couples can always have a second ceremony? Again who the heck is he or USCIS supposed to tell us how a US citizen can get married legally to their spouse and celebrate the marriage!!

Ok vent done!!!

Not true at all. It doesnt matter where you get married...thats not what is going to show legitimacy and seriousness of the relationship at all. The marriage itsself will prove that...not where you did it.

[Heracles 417]

There is one obvious reason why this is such a problem for the US. The system here is based on being PC rather than using a realistic approach to detect fraud. Quite simply, the process does not thoroughly analyze an applicants country. The chance of someone committing marriage fraud from Sweden is nowhere near that of someone from Ghana. Yet the immigration process treats and scrutinizes both of these applicants the same. So on one hand the Swedish spouse has to wait in line for no logical reason apart from the process being PC. While on the other hand only basic PC checks are carried out on the Ghana spouse, even though they are more likely to be committing marriage fraud.

How would they know that? Common sense really. The Swedish applicant has less of a reason / motive to commit marriage fraud, to get a visa. Whereas the same cannot be said about the other applicant who is clearly coming from a economically disadvantage country. Why would someone who already owns a $50K BMW want to steal a Chevy Aveo. Whereas, a Chevy Aveo is worth the effort for someone who owns a rusted bike.

Edited February 6, 2009 by Aficionado

[Jenn! 918]

There is one obvious reason why this is such a problem for the US. The system here is based on being PC rather than using a realistic approach to detect fraud. Quite simply, the process does not thoroughly analyze an applicants country. The chance of someone committing marriage fraud from Sweden is nowhere near that of someone from Ghana. Yet the immigration process treats and scrutinizes both of these applicants the same. So on one hand the Swedish spouse has to sit in line for no reason while on the other hand only basic similar checks are carried out on the Ghana spouse, even though they are more likely to be committing marriage fraud.

There is definitely more scrutiny given to beneficiaries from countries with high-fraud rates. People wait months and even years while their application is placed under Administrative Review, which involves additional FBI checks and often investigation into the validity of the relationship.

That's not to say they can weed out all the frauds, the system is not perfect, but I disagree that they're not discriminating in their approach to detect fraud.

[Heracles 417]

I was going to add that the only additional checks come in the form of FBI name checks but that is pretty much it. If someone does not have a common name and their name clears, they are basically approved.

I know in AUS anyone from a nation know for a high number of fraudulent cases goes through further processing, involving multiple interviews. As an example, they will usually call applicants on the phone and ask them random questions. Most applicants with the previous immigration violations such as those described in the article are pretty much automatically denied.

No system is impenetrable but with the use of common sense a number of people's applications could be fast-tracked while those with 'other intentions' could be caught out.

Edited February 6, 2009 by Aficionado

[caybee 21]

It's not just name checks. Several couples in the MENA forum have experienced home visits, for example -- DOS employees show up, sometimes unannounced, at the beneficiary's home and question family members and neighbors about the validity of the relationship. Don't know how often that happens in Sweden.

[almaty 19]

I was going to add that the only additional checks come in the form of FBI name checks but that is pretty much it. If someone does not have a common name and their name clears, they are basically approved.

I know in AUS anyone from a nation know for a high number of fraudulent cases goes through further processing, involving multiple interviews. As an example, they will usually call applicants on the phone and ask them random questions. Most applicants with the previous immigration violations such as those described in the article are pretty much automatically denied.

No system is impenetrable but with the use of common sense a number of people's applications could be fast-tracked while those with 'other intentions' could be caught out.

how about ghey couples?

[NickD 203]

Ha, as a USC, would want a lot more than 5,000 bucks to commit fraud, may get by with it once, but far more difficult the second time, least a million bucks would be more like it. But even a million bucks isn't worth it for the USC, also have state divorce laws to contend with, and that alien is in a perfect position to blackmail you and clean you out in a divorce court. Then the consequences of five years in jail while the worse that can happen to her, she gets deported, with your money.

Don't agree with this author on the light headedness of the USCIS, I know exactly how wheat feels when it hits the grinding stone. Did read that 8% of the K1/k2 applications are fraud, but the USCIS publishes so many different numbers, difficult to know which one is correct or not. Read that in the last several years, only 140,000 I-751's were processed, was curious about that number due to long delays with ours, Emilio was giving the impression there were millions. But he is history now.

Our AOS interview was very long and thorough, but was a bit difficult to present tax returns and bank statements, did bring a letter from several banks where they wouldn't let me add my wife due to their interpretation of the APA, sure didn't have any tax returns. Wife, her daughter, and I were present, IO could see we were a family. And no, I wasn't a 90 year old guy that married a 14 year old from Russia.

I was very disappointed with that IO at my wife's N-400 interview, wouldn't even look at me in the waiting room nor shake my extended hand, had to pinch myself to make sure I was there.

I personally wrote all the cover letters for my wife's applications and invited the USCIS to come out to our home, heck, we could have a neighborhood party plus invite many friends and relatives. And if our senator didn't personally know my wife and me, we would still be waiting for that ten year card.

If people are committing fraud, first off, they are complete idiots, and second, making life miserable for the rest of us. Can really feel for the USC guys that get screwed and not in the way they hoped to, they really get taken to the cleaners.

[Heracles 417]

I was going to add that the only additional checks come in the form of FBI name checks but that is pretty much it. If someone does not have a common name and their name clears, they are basically approved.

I know in AUS anyone from a nation know for a high number of fraudulent cases goes through further processing, involving multiple interviews. As an example, they will usually call applicants on the phone and ask them random questions. Most applicants with the previous immigration violations such as those described in the article are pretty much automatically denied.

No system is impenetrable but with the use of common sense a number of people's applications could be fast-tracked while those with 'other intentions' could be caught out.

how about ghey couples?

You and your spouse had no problem with a visa right?

[almaty 19]

I was going to add that the only additional checks come in the form of FBI name checks but that is pretty much it. If someone does not have a common name and their name clears, they are basically approved.

I know in AUS anyone from a nation know for a high number of fraudulent cases goes through further processing, involving multiple interviews. As an example, they will usually call applicants on the phone and ask them random questions. Most applicants with the previous immigration violations such as those described in the article are pretty much automatically denied.

No system is impenetrable but with the use of common sense a number of people's applications could be fast-tracked while those with 'other intentions' could be caught out.

how about ghey couples?

You and your spouse had no problem with a visa right?

whoa, a low blow..speaking of low blows....

i am in america..not aus. and i heard they allowd gay groups to immigrate....so, i wonder since it is not the 'norm' there is a higher level of checks on these couples..it was an honest question, but sadly, the answer showed lack of taste and a severe immature personality issues with a low ego strength pattern..

[Teacher Mark 53]

I'm surprised he didn't suggest lie detectors or brain mapping.

[almaty 19]

good point..he missed that point..but, he was reactioanry and maybe, cause of what he has seen or maybe cause he became a paranoid chopf#3k..you beleived all k1s were fraud based..

i have seen it in therapy..where therapist, who worked with a specific popualtion..do not believe a word that is said..and state/''if their mouth is moving..they are lying'..

[Heracles 417]

Can really feel for the USC guys that get screwed and not in the way they hoped to, they really get taken to the cleaners.

A bit of common sense goes a long way. A lot of people are a bit naive of other cultures and their motives. Corruption and bribery is a way of life for many living in other countries. So pulling off a marriage scam is a walk in the park for them. For someone living in squalor putting on an act at any cost to get out of there is the object of their game. I would think the immigration would take factors such as a persons career, income etc into consideration. Much like credit ratings determine insurance, this is definitely something that should be considered.

There are so many cases I have seen on VJ alone where a person is asking how to file for AOS after a divorce. So basically within 1.7 years of being married they are divorced and trying to get the 10 year green card. I know in AUS these people would be told don't let the door hit you on your way out. Immigration especially by means of marriage is a privilege and not a right so these cases should receive triple processing. Triple processing does not mean having the file sit on a desk for a year but actually having people go out there and determine whether the marriage is legitimate or not. Have multiple people go over the case.

There are quite a few people here alone who receive PR without even going to one interview.

whoa, a low blow..speaking of low blows....

i am in america..not aus. and i heard they allowd gay groups to immigrate....so, i wonder since it is not the 'norm' there is a higher level of checks on these couples..it was an honest question, but sadly, the answer showed lack of taste and a severe immature personality issues with a low ego strength pattern..

No you where trying to be a smart #### so I responded accordingly. If I want to respond with a low blow I would have targeted your spouse and the current stage of the immigration process you guys are at.

Edited February 6, 2009 by Aficionado