Is this kind of harassment common?

[MrAdvantage 0]

I didn't realize they assumed we are scammers and have to prove otherwise. I spent 7k on our wedding trip/ honeymoon to Hawaii. How many scammers do that? It seems like shoot first ask questions later.

[kennym 275]

I didn't realize they assumed we are scammers and have to prove otherwise. I spent 7k on our wedding trip/ honeymoon to Hawaii. How many scammers do that? It seems like shoot first ask questions later.

I don't know, I'm not a scammer... I would say one item showing an expensive wedding and no other evidence of a bonafide relationship raises many concerns.. Valid Relationships have much more going on then a just a wedding..

My suggestion is get all your evidence to counter all the red-flags...

Co-Mingling of Finances such as Bank Accounts, Home Rent/Mortgage

Health Insurance

Auto Insurance

I wouldn't suggest you open accounts and co-mingle your business now, if you haven't already done it, this may raise more red flags.. They only know what you show them.. The burden is on you to prove your Relationship is Bonafide...

Kenny

[silvana.toma 15]

your point isn't clear... Why wouldn't you?

You have to think like the a USCIS Agent... Not like a normal USC... Look at not just one thing, but everything combined.. Someone applying for a GC through Marriage to a USC while out of status, making excuses why they have no joint bank accounts, proof of co-habitation, co-mingling of finances, no insurance, no money in the bank, an unusual profession, friends with other suspicious characters.and... Pissed of the Immigration Officer in the ineterview...

To me, the trip to hawaii shows more red flags... No Money in bank, but can afford a wedding in Hawaii...

not any single one alone is enough suspicion but when you consider all the items together.. HUGE Issues..

The key to success is thinking like the Immigration Officer...

Kenny

Don't get me wrong i understand what you are saying, and I agree to a certain degree to both sides of discussion on this topic. I also agree with respecting everyone's profession including the IO's especially that in his hands will or will NOT be your bright future. On the same note though, you have to always give the benefit of the doubt to people. Just because their situation is different than most of us, or is not as "organized" doesn't mean that it is 100% fraud.

Also, why would it raise a red flag to you to get married in hawaii? you can get married anywhere in us, that's not the problem ...the issue is when you try to adjust status. So.. let's just say as an example that their marriage is fraudulent ...why would you spend the extra money to fly to hawaii? when you can just get married at the court house right around the corner? maybe i am missing something...?

[Henykat 16]

Don't get me wrong i understand what you are saying, and I agree to a certain degree to both sides of discussion on this topic. I also agree with respecting everyone's profession including the IO's especially that in his hands will or will NOT be your bright future. On the same note though, you have to always give the benefit of the doubt to people. Just because their situation is different than most of us, or is not as "organized" doesn't mean that it is 100% fraud.

Also, why would it raise a red flag to you to get married in hawaii? you can get married anywhere in us, that's not the problem ...the issue is when you try to adjust status. So.. let's just say as an example that their marriage is fraudulent ...why would you spend the extra money to fly to hawaii? when you can just get married at the court house right around the corner? maybe i am missing something...?

By law, USCIS is NOT supposed to give the benefit of the doubt.

[kennym 275]

Don't get me wrong i understand what you are saying, and I agree to a certain degree to both sides of discussion on this topic. I also agree with respecting everyone's profession including the IO's especially that in his hands will or will NOT be your bright future. On the same note though, you have to always give the benefit of the doubt to people. Just because their situation is different than most of us, or is not as "organized" doesn't mean that it is 100% fraud.

Also, why would it raise a red flag to you to get married in hawaii? you can get married anywhere in us, that's not the problem ...the issue is when you try to adjust status. So.. let's just say as an example that their marriage is fraudulent ...why would you spend the extra money to fly to hawaii? when you can just get married at the court house right around the corner? maybe i am missing something...?

you have to always give the benefit of the doubt to people.

I'm sure we'd all love that to be true, but completely wishful thinking and there is no place I'm aware that says USCIS has to give us the benefit of the doubt...

Edited November 24, 2010 by kennym

[kennym 275]

Also, why would it raise a red flag to you to get married in hawaii? you can get married anywhere in us, that's not the problem ...the issue is when you try to adjust status. So.. let's just say as an example that their marriage is fraudulent ...why would you spend the extra money to fly to hawaii? when you can just get married at the court house right around the corner? maybe i am missing something...?

I'm not saying it's a red flag, alone... However, it's not going to overcome the other factors that are missing.. Such as Tax Returns, and other co-mingling of finances...

Do you understand it yet?

Edited November 24, 2010 by kennym

[VanessaTony 3,567]

I didn't realize they assumed we are scammers and have to prove otherwise. I spent 7k on our wedding trip/ honeymoon to Hawaii. How many scammers do that? It seems like shoot first ask questions later.

Again you're not thinking like an IO.

You didn't "pay for a wedding/honeymoon", you paid for a holiday with your girlfriend who you only recently met, who's visa was expired, in CASH. YOU know it's a wedding/honeymoon and you know that was the purpose of the trip.. your job is to prove to the IO that that was the purpose of the trip, and that your relationship is valid.

YOU might not be a scammer, but your wife could be and that's certainly what the IO seems to be implying by asking about her friends and because at least one of her friends was recently denied a GC.

Also, you show no proof of your money, who's to say YOU paid for the trip? and that your wife didn't pay you to marry her? In fact the expensive wedding/honeymoon so soon after meeting someone (again that someone being out of status and having friends also applying for GC's) looks more like you were paid to marry her. You have a bank account with $107.. that doesn't show trust in the relationship (her having access to all your money), doesn't show that you're truly co-mingling your lives.

I'm sorry but it doesn't appear that you really knew what you were up for when you applied. Hopefully if your relationship is real you can fix this, if it's not real, you should pull out now because you CAN get into trouble if it's proved that you are committing immigration fraud.

[VanessaTony 3,567]

Also since when is 5 months too short to get married??? not everyone wants to be forever engaged, then get married....right?

The OP met their wife 5 months before they got married. The OP's wife's visa was expired when they got married. The OP's friends were also applying for GC's and one at least was already denied.

When it comes to immigration, knowing someone for 5 months and then getting married... alone it isn't bad. All the stuff mentioned above together, are indicators of fraud.

It's not the norm to meet someone and marry 5 months later but it DOES happen and USCIS doesn't deny people because of it. By the time the interview came around it's around 8 months of knowing her, of co-mingling their lives. The evidence would need to be there to prove that he didn't marry her JUST because her visa was over and JUST so she could stay in the country.

Unfortunately the OP has so far failed to prove that their relationship is real.

[JimVaPhuong 4,863]

I didn't realize they assumed we are scammers and have to prove otherwise. I spent 7k on our wedding trip/ honeymoon to Hawaii. How many scammers do that? It seems like shoot first ask questions later.

Yes, understood. It's because you didn't understand this that your interview was difficult. If you had known and understood this in advance then I'm sure you would have taken steps to have the sort of evidence they expect in a more typical marital relationship. I realize that you're somewhat of a non-conformist, and it probably rubs you the wrong way to have to do things you don't feel comfortable with, like getting medical insurance and joint bank accounts and such. Unfortunately, being a maverick will blow up in your face when dealing with any government benefit request where your situation is going to be compared with other people who are more typical. When you stand out from the crowd, you make an easy target.

By the way, scammers will pay anything they think is necessary to get what they want. Money isn't usually a problem in a "green card by marriage" scam. Where the scammers usually come up short is in the details - proof of common residency, co-mingled finances, insurance policies, co-owned property, etc. Pretty much the same areas where you were short of evidence. It takes a considerable amount of effort for a legitimate married couple to manage these aspects of their life together. For many scammers, it's just too much work.

[MrAdvantage 0]

I'm not saying it's a red flag, alone... However, it's not going to overcome the other factors that are missing.. Such as Tax Returns, and other co-mingling of finances...

Do you understand it yet?

Tax returns are impossible for joint filing. We were married in April and it us November

How does marriying in hawaii raise a red flag. I think it would be an asset as most scammers would not shell out 7 k fir a wddding

[MrAdvantage 0]

Ty. Again for everyone's replies. I clearly underestimated the interview process and would have filled up s joint Ch acc if I knew it was such a factor. But still, I write maybe ten checks tops a year. My utilities have offices that I drive by daily or are covered in my hoa

[KittyPollitt 284]

Tax returns are impossible for joint filing. We were married in April and it us November

How does marriying in hawaii raise a red flag. I think it would be an asset as most scammers would not shell out 7 k fir a wddding

I'm sorry to say, people would shell out far more than $7,000 for a greencard. I know of families in my husband's country that would sell their car and home to get their child to the US. Getting married in Hawaii is easy, and others have pointed out, being so far from the mainland for a marriage is a good excuse not to have your family present, as they might have been for a wedding closer to home.

[kennym 275]

Tax returns are impossible for joint filing. We were married in April and it us November

How does marriying in hawaii raise a red flag. I think it would be an asset as most scammers would not shell out 7 k fir a wddding

Man, you aren't pay attention to everything we're telling.. you're getting defensive at us for no reason.. If you dont want to listen, it's your life, don't listen..

7000 dollars for a wedding alone isn't going to overcome your other lack of evidence.. if you want the green card, show the evidence.. you can keep being defensive, but it gets you absolutely no where.. We aren't the USCIS, we are telling you what you need to do to be successful..

[kennym 275]

Tax returns are impossible for joint filing. We were married in April and it us November

How does marriying in hawaii raise a red flag. I think it would be an asset as most scammers would not shell out 7 k fir a wddding

If you can't show tax returns because of the timing, show the other stuff you have.. Joint accounts, health insurance, car insurance, cell phones, home phone, utility bills, photos of normal settings with close family and friends, not just photos of landmarks and hot spots, but backyard barbeques, and outings with relatives and close friends as well..

You've been mnarried since april, 7 months, you must have been thinking of the need to AOS and all thats involved,

[silvana.toma 15]

Reading more about this situation i see it's far more complicated than i originally assumed. I would strongly sudgest talking to a lawyer. See what your options are. I heard many horror stories, and it's really not worth it. I think you should listen to these people on this forum, a lot of them are very knowledgeable in this area, and they don't say things just to piss you off, they are taking their time to try to help you.

I wish you good luck, I hope this will turn out for the best for you.