How to stop fraud in Fiance/Spouse Visas

[jenkatx 52]

Most of us would agree that our family based immigration system is a mess. We have all heard the horror stories of people in very legitimate relationships being denied, as well as the stories of fraudulent relationships sailing right through the process. Often it seems that this is more the rule then the exception. For many years our politicians and civil rights groups have talked about immigration reform but little has been done. I believe that we need better ways to detect those who are committing fraud, as well as a more in depth set of guidelines to refer to that is published by either the State Department, or USCIS. My question to you all is what can we do to prevent fraud? Some suggestions on another topic were requiring a thermal lie detector test of the beneficiary, conducting an internet search particularly of dating sites to catch those who are phishing for a spouse, and to lengthen the time for removal of conditions.

I would hope that with all of our experiences we could come up with a concrete plan and send it to our Senators, Congressman, and the Department of State. Possibly with a petition requesting that the entire system be revamped. What are your ideas to make this process easier and more streamlined as well as protecting the real relationships & stopping the fakes.

[Kathryn41 3,205]

Topic has been moved from Immigration News and Discussion forum to General Immigration Related Discussion forum as it is not a news story related article and is better suited to this forum.

Edited August 2, 2011 by Kathryn41

[jenkatx 52]

Thanks Kathryn I was not sure where it belonged!

[NigeriaorBust 4,087]

They have one part of the equation , the "red flags" relationships that are against cultural norms. Even though many members cry foul over the list it really is a pretty good starting point for people that should be high on the list for additional verification . That being said as soon as it is well known what causes verification the scammers will change their targets to avoid getting on the list.

It wouldn't be hard to make country specific lists of these flags and a point value for them . The more points the greater the need for verification.

Lie detectors are used for job screening for sensitive positions in the US. I really think they would be a valuable tool in high risk immigration cases.

Name checks are only as good as the records they are run against and some high fraud countries have terrible records to the point were a single person can have serveral verifiable identities.

I think the standard interview process is flawed because someone with language issues or just overly in awe of the embassy process may act off while a con artist makes a life at lying convincingly.

Give the USC more power to petition for the removal of an alien spouse that comes and runs. Put guards on it so it isn't abused by USC's suffering buyers remorse but give then a clear path for voiding the benefits of a con artist.

Maybe demand a bond from the couple ( all couples ? ) Many people will pay more attention when money is at stake. I am suprised at the number of people that don't have any real income that get to bring a spouse here.

Require more than one visit, require at least X days together ( 30 - 60 -90 ? )

Just random ideas any comments ?

[pushbrk 12,883]

They have one part of the equation , the "red flags" relationships that are against cultural norms. Even though many members cry foul over the list it really is a pretty good starting point for people that should be high on the list for additional verification . That being said as soon as it is well known what causes verification the scammers will change their targets to avoid getting on the list.

It wouldn't be hard to make country specific lists of these flags and a point value for them . The more points the greater the need for verification.

Lie detectors are used for job screening for sensitive positions in the US. I really think they would be a valuable tool in high risk immigration cases.

Name checks are only as good as the records they are run against and some high fraud countries have terrible records to the point were a single person can have serveral verifiable identities.

I think the standard interview process is flawed because someone with language issues or just overly in awe of the embassy process may act off while a con artist makes a life at lying convincingly.

Give the USC more power to petition for the removal of an alien spouse that comes and runs. Put guards on it so it isn't abused by USC's suffering buyers remorse but give then a clear path for voiding the benefits of a con artist.

Maybe demand a bond from the couple ( all couples ? ) Many people will pay more attention when money is at stake. I am suprised at the number of people that don't have any real income that get to bring a spouse here.

Require more than one visit, require at least X days together ( 30 - 60 -90 ? )

Just random ideas any comments ?

Even if one presumes your suggestions are doable, remember that both USCIS and Consular Processing are fee based areas of the government. So, anything that adds cost, will increase fees accordingly. Thinking of things like what I've made bold above. Demanding a bond takes those with marginal incomes out of the mix. Do you really want to do that?

In general, the problem with telling everybody everything they need to do to pass an interview or otherwise have a successful process will actually assist the scammers in beating the system. It's a double-edged sword.

[NigeriaorBust 4,087]

Short of demanding marriage insurance ( a bond of sorts ) I wouldn't care if they upped the requirements for marriage based visas. Maybe do away with joint/co sponsors.

[SuperDuper! 230]

Short of demanding marriage insurance ( a bond of sorts ) I wouldn't care if they upped the requirements for marriage based visas. Maybe do away with joint/co sponsors.

Yes, +1. Root out fraud. Get rid of joint/co sponsors. Let each man carry his own weight. If ya can't afford the postage, then don't try to get bride by mail order.

[rika60607 215]

Impossible to stop marriage fraud altogether. However...

Make it really fast and easy for K1-ers to come. Say it should take less than one month to get a visa. Give them the right to work and travel immediately. Require marriage within 1 year, not 90 days. In short, let people live and work together and if visa fraud is still committed, I'd say USC is in on it.

So make a harsh(er) monetary fine for visa fraud for the USC.

[NigeriaorBust 4,087]

Impossible to stop marriage fraud altogether. However...

Make it really fast and easy for K1-ers to come. Say it should take less than one month to get a visa. Give them the right to work and travel immediately. Require marriage within 1 year, not 90 days. In short, let people live and work together and if visa fraud is still committed, I'd say USC is in on it.

So make a harsh(er) monetary fine for visa fraud for the USC.

The problem is that in one very prevelant type of fraud the USC is not aware that the foreign person is coming just to run ( sometimes with half the USC's assets via divorce ) and sart the family chain of immigration. Maybe making it harder to petition for family members. Or if you camme on a marriage based green card make then wait for divorce + 10 years before they can petition themselves.

If the fraudster got here quickly and had the right to work immediately you would probably see more fraud. It is once they are legal they run and immigration does so little about rounding up these people and deporting them.

[rika60607 215]

Well, that's why I am suggesting a year of co-habitation to be allowed prior to marriage. I can imagine there are con artists good enough to pretend for 1 year + time to approve the AOS, but those must be rare...

and the other prevalent type of fraud has nothing to do with chain immigration, so 10+ years for petitioning someone else is not going to help those cases. Besides, when someone who gained GC visa marriage to USC divorces and brings another spouse from their country of origin, they get super scrutinized by USCIS, don't they?

The problem is that in one very prevelant type of fraud the USC is not aware that the foreign person is coming just to run ( sometimes with half the USC's assets via divorce ) and sart the family chain of immigration.

Edited to add: ability to work is a must if fiance comes for a year, but the right to work would be terminated after one year if there is no marriage.

Edited August 2, 2011 by rika60607

[nane1104 146]

Maybe have several interviews at different stages in the process? I remember my interview, though I am from a "low fraud country" was easy for me to pass but when I think about it, they asked me a LOT of questions about my fiance.

If I imagine thay would do several of those, people who are committing fraud might have a harder time passing.

Also, I'd increase the number of required visits and maybe even have a "minimum dating time"- I see a lot of the "fraud couples" having only seen each other maybe once, got engaged right away and started filing for K-1 within a very short amount of time.

When it comes to USC who petition for a "in house sex toy", just "test and see and send back home", they should get veeery long bans before they can petition again.

[pushbrk 12,883]

Well, that's why I am suggesting a year of co-habitation to be allowed prior to marriage. I can imagine there are con artists good enough to pretend for 1 year + time to approve the AOS, but those must be rare...

and the other prevalent type of fraud has nothing to do with chain immigration, so 10+ years for petitioning someone else is not going to help those cases. Besides, when someone who gained GC visa marriage to USC divorces and brings another spouse from their country of origin, they get super scrutinized by USCIS, don't they?

Edited to add: ability to work is a must if fiance comes for a year, but the right to work would be terminated after one year if there is no marriage.

This suggestion would require the foreigner to leave their life behind in their country and give complete control over to their US Citizen loved one. I can just see the arguments now. Do what I say or I'll send you home to your country. (In shame, because all their friends expect they've left for a much better life in the USA.) It's a license to abuse and would be used that way widely.

[OnMyWayID 1,489]

I read an article some time back that had a list of suggested fixes.. The two that I remember:

1) No longer allow co-sponsors. This makes sense though I can see where young people (early 20s) meet and fall in love so maybe have an exception for 25 and under for the USC..

2) Do away with the K-1. Controversial - the point being to require more commitment from both parties and make scamming more difficult.

I would add a number 3) Have them read an average day from the political section on this site from any random day since its inception. They will be convinced the world is going to come to and end and not bother.

[NigeriaorBust 4,087]

I really think they need to up to amount of together time before filing . Like 90-120 days in the last 3 years of which 60 has be be in the last 2 years.

[JimVaPhuong 4,863]

I really think they need to up to amount of together time before filing . Like 90-120 days in the last 3 years of which 60 has be be in the last 2 years.

Now you're requiring the petitioner to have the financial means and flexible work requirements that would allow them to take at least one month per year of vacation in the beneficiary's country. Would you impose the same requirements of a married couple filing for a CR1?

Frankly, I think you could impose a minimum of six months "face time" per year, and it would only increase visa fraud. In many third world countries, the time the US citizen petitioner spends with the beneficiary is a holiday for both of them. The beneficiary lives like a tourist on the USC's dime. Most fraudsters would be happy to take a mandatory holiday every year with someone else paying the tab, even if the holiday is in their own country. It might increase the chances the USC would catch on that they're being played for a green card, but I think a substantial portion of fraudsters wouldn't have any problem keeping up the charade as long as necessary.