Working Iraq, wife may be deported

[DonCarlin 0]

Hello all, sorry this is a bit lengthy.

Quck background. Married Chinese woman. Approved for immigration, and obtained green card. She went to the USA, then her daughter had her interview scheduled, so she returned back to China to be with her, and to accompany her to the USA.

I was chatting with my wife this morning, and she relayed some disturbing info this morning. Apparently, someone from immigration was snooping around and asking my wife's friend some questions, such as "why is her husband in Iraq?" and "why isn't she living with her father-in-law".

Obviously, USCIS is doubting our marriage. Which is funny, because USCIS and NVC both approved my petition when they knew I was working in Iraq. In addition, USCIS approved my stepdaughter's application and just recently the US embassy approved the visa, while they knew I am working in Iraq. I have been in Iraq the past 16 months, and the USCIS, NVC, and being I have a security clearance, the US Government has known this all along.

There's really not much I can do to fight USCIS while I am in Iraq. This is no dream job, threat of harm is real, the harsh desert makes life difficult. On top of this, I am separated from the people I most care about. But, after 9 months of unemployment, this was the first job I could find. If I did not have a family to support, I wouldn't have taken this job. At the same time, this job has been a blessing. I am now debt free, my wife is debt free, and we are laying a solid financial foundation, enough so I can quit next April.

OK, now, my question is, what should I make of USCIS's actions? Should I hire a lawyer?

We have records of regular visits, photos together, and well over 1500 pages of chat transcripts. There are chats of us being loving, arguing, fighting, and making up, and more recently, her relentless pressure for me to leave Iraq now.

Thanks guys

[Harsh_77 718]

I dont see anything that should make u so much worried. Are you employed by US govt.? If yes then you certainly have nothing to worry about as you are working where country needs you.

If you are not working for US govt. then as well your perm house is still in US and while you are away on work in different country your family can certainly be living in US.

Thats my stand point, there are more knowlwdgeable ppl on this forum like Jim and Loto, they can share their insight.

[Darnell 8,478]

IMO, someone that 'hates her' has reported her to ICE. They are now doing some investigation.

Maybe.

Maybe not.

It could 'just as easily' be an attempt to defraud her , not official USCIS employee.

Can you give us some timeline dates? ie - dates

--first greencard issued

IIRC, is possible to learn IF an investigation has been started, with any local USCIS office / Fraud Prevention unit, but you cannot get the details of the investigation.

Edited August 27, 2010 by Darnell

[belinda63 3,039]

Anyone with half a brain would understand why she is not in Iraq with you. I think if you can show that you do have a legitimate marriage, say joint lease, some bills together, etc. there would be no issue of fraud. Personally I don't see an issue as it is but obviously someone else does.

[Darnell 8,478]

Obviously, USCIS is doubting our marriage.

It's not so obvious to me, at this point. Yer wife's not received any notification of an interview at the local USCIS office.

Until 'that' happens, then it will be obvious.

For now, suggest instead (since you hold a clearance) -

that it's really not USCIS, it's the FBI, doing a ROUTINE follow up for your clearance.

[DonCarlin 0]

@ Harsh_77. I'm working as a contractor, for the US military, providing them support. Certainly a legitmate assignment and I have no intentions of making this place my permanent home. Indeed, I plan on returning in April.

@Darnell, lol, I'd hate to think she's already made enemies. I've heard of scams though. But my wife said her friend said the questioner presented valid-looking ID. And you're the 2nd person who hinted at this.

Anyway, as follows:

We married in July 2007.

I applied September 2007, but the application was in error, so I had to reapply in December 2007.

Got approval from USCIS in January.

Did the I-864 in March-ish, I also lost my job during this time. The process was slowed down, but did move forward.

Got this job in January 2009, and the process moved along again, her interview was in April 2009, was approved on the spot.

She entered the USA on August 2009, and got her GC in November, after it was mistakenly forwarded to me in Iraq, then mailed back.

During this time, I had to file a separate petition for her daughter, and her interview was in April 2010, so my wife returned to China in March, to be with her. We thought the approval - or at least answer - would also be immediate, but it took over four months, in fact I was notified two days ago by the embassy that her packet was sent out and she needs to return to the embassy for processing. We hope it can be done by Sept 6, when my wife must return to the USA.

She lived initially with my dad, however her english is poor, my dad and stepmom have very busy schedules. She decided, and I agreed, she would stay with a Chinese friend (the one questioned), who would help her adjust to life in the US while I finish up her.

@Belinda63, yeah, you would think that was common sense, as well as why we are working in Iraq (lots of contractors are here, so they can take care of their families while weathering this recession). We didn't have a chance to get anything joint yet. But my other evidence should help, and I will now make that a priority when I return.

Thanks everyone for your responses.

[DonCarlin 0]

It's not so obvious to me, at this point. Yer wife's not received any notification of an interview at the local USCIS office.

Until 'that' happens, then it will be obvious.

For now, suggest instead (since you hold a clearance) -

that it's really not USCIS, it's the FBI, doing a ROUTINE follow up for your clearance.

Well, she has been the last 5 months, almost 6, in China waiting for her daughter's visa, so she may not have gotten the notification.

Also, the FBI (actually its the OPM overseeing our clearances) should know this. But, to reassure my wife, I could suggest this.

[Darnell 8,478]

I wonder if was routine 'domicile check' at yer parents house, then when they couldn't find her there, went to the friend's house with raised eyebrows?

Although this particular situation (her living elsewhere) is not common, it certainly is not 'enough' to warrant further action. However, as with any ICE investigation - it's EITHER 'the totality of the casefile' or 'one blatant issue' that can trip her up.

I'm still not convinced is a problem. YET.

embassy that her packet was sent out and she needs to return to the embassy for processing. - smells like a call in letter, and not a complete visa packet. Call-in-letters are cool, just expect more time 'after she shows up'.

If it was a 'complete visa packet' - whew ! she's done, no 'further processing' at the GUZ IV unit.

[DonCarlin 0]

I wonder if was routine 'domicile check' at yer parents house, then when they couldn't find her there, went to the friend's house with raised eyebrows?

Although this particular situation (her living elsewhere) is not common, it certainly is not 'enough' to warrant further action. However, as with any ICE investigation - it's EITHER 'the totality of the casefile' or 'one blatant issue' that can trip her up.

I'm still not convinced is a problem. YET.

embassy that her packet was sent out and she needs to return to the embassy for processing. - smells like a call in letter, and not a complete visa packet. Call-in-letters are cool, just expect more time 'after she shows up'.

If it was a 'complete visa packet' - whew ! she's done, no 'further processing' at the GUZ IV unit.

Rats, I was hoping her visa would be done. Still a better sign than nothing happening at all like it was the past four months lol. My wife has been very anxious to return to the USA.

You know, your theory makes sense. I did give my dad's address as her place of residence on the forms, when I found out I would be leaving the country. If they did not find her there, that could raise a red flag.

I like being vigilant and proactive, but that might backfire in this case. So should I wait this out, but prepare the evidence at the same time?

[Darnell 8,478]

stick with this plan--> So should I wait this out, but prepare the evidence at the same time?

USCIS won't get in her business, officially, until some 'letter' is sent out. Once there's a letter, then it's time to lob the contents of yer sh|tstorm into USCIS.

[DonCarlin 0]

stick with this plan--> So should I wait this out, but prepare the evidence at the same time?

USCIS won't get in her business, officially, until some 'letter' is sent out. Once there's a letter, then it's time to lob the contents of yer sh|tstorm into USCIS.

OK. Then that is what we will do. Thanks again.

[Darnell 8,478]

hey - any news?

I hope yer wife was able to get back into USA prior to 6 month time tick, then, if needed, get back to GUZ IV for the final bits for the daughter.