Why USCIS/ US Consulates might think your application is fraudulent...

[lostlove05 0]

* Unusual marriage history

hi can anybody advice me about this unusual marriage history,in my case i get married on my first husband, 5 months after he died for some illness,and then after 2 months i get married again. It can be a problem for our papers? we have legal papers and now we are just waiting for our interview date, i'm just getting confuse. Hope to hear some response.. thank you

[lostlove05 0]

* Unusual marriage history

hi can anybody advice me about this unusual marriage history,in my case i get married on my first husband, 5 months after he died for some illness,and then after 2 months i get married again. It can be a problem for our papers? we have legal papers and now we are just waiting for our interview date, i'm just getting confuse. Hope to hear some response.. thank you

Although each case is different, some common fraud indicators may present in your case prompting the USCIS/ Consulates to carefully review your file.

* Documents issued either immediately before the interview or immediately after the interview;

* Over-submission of documents;

* Staged photos;

* Suspect tax filings/financial transactions;

* Multiple applications/petitions by single applicant/petitioner;

* Common preparer, especially known shaky immigration consultants;

* Suspicious filing history of beneficiary or applicant;

Suspect documents;

* Biometric discrepancies;

* Denied for abandonment or withdrawal after RFE issued;

* Preparer and notary are the same person.

* Short time between entry and marriage

* Unusual marriage history

* Children born during marriage to other parent

* Unusual number of children and large discrepancy in age

* Unusual dates on submitted documents

* Divorce / new marriage dates close

** Unusual or large age discrepancy between spouses (when found in conjunction with other indicators)

* Unusual associations between family members

** Unusual cultural differences

**Low employment/financial status of petitioner

* Previous marriages to foreign nationals

If during your first interview, you showed: extreme nervousness, over interaction, lack of knowledge about basic questions, lack of interest/interaction, evasive or gave general answer, your case may be considered suspicious and may require careful scrutiny.

Courtesy:uscis

[Casprd 167]

Mr JimVaphuong: I believe the attached file shows clearly that USCIS indeed issued these guidelines but i stand to be corrected.

The AILA at the bottom of the document indicates it comes from the American Immigration Lawyers Associat.

While some items on the list are valid at any consulate, some items are completely wrong for other consulates. I would be hesitant to base my packet on a generic list like this.

[Casprd 167]

* Unusual marriage history

hi can anybody advice me about this unusual marriage history,in my case i get married on my first husband, 5 months after he died for some illness,and then after 2 months i get married again. It can be a problem for our papers? we have legal papers and now we are just waiting for our interview date, i'm just getting confuse. Hope to hear some response.. thank you

I'm assuming you mean he died 5 months after you got married not that you got married 5 months after he died. The remarriage 2 months later will be an issue. Was the first husband a USC also? If so, the timeline may look suspicious as it is not normal to get remarried within such a short time after a spouses death.

[lostlove05 0]

yeah,i get married on my first husband (not usc) may 2010 then oct 2010 he died,dec 2010 i got married again,my present husband i've known him for 6 years now his the first love of mine and we just got lost communication coz of his work.

I'm assuming you mean he died 5 months after you got married not that you got married 5 months after he died. The remarriage 2 months later will be an issue. Was the first husband a USC also? If so, the timeline may look suspicious as it is not normal to get remarried within such a short time after a spouses death.

[S_R 148]

If it doesn't say ".gov", it isn't official.

That Benjamin note stapled to the application might be a possible intent to defraud as well.

I am sure this Link {http://www.dhs.gov/xoig/assets/mgmtrpts/OIGr_08-09_Apr08.pdf} has the .gov you alluded to earlier but funny thing is that DHS seems to black out the information as appendix C clearly shows on page 44.

[S_R 148]

* Unusual marriage history

hi can anybody advice me about this unusual marriage history,in my case i get married on my first husband, 5 months after he died for some illness,and then after 2 months i get married again. It can be a problem for our papers? we have legal papers and now we are just waiting for our interview date, i'm just getting confuse. Hope to hear some response.. thank you

IF the death was of natural causes and its normal in your custom to remarry within such a short space of time then you may just be okay. It really doesn't sound normal after just two months in my humble opinion.

[lostlove05 0]

yeah in natural cause, just a little confuse but hopefully everything will be good and i pass the interview.. thanks for the comments/reply

IF the death was of natural causes and its normal in your custom to remarry within such a short space of time then you may just be okay. It really doesn't sound normal after just two months in my humble opinion.

[I AM NOT THAT GUY 5,715]

I am sure this Link {http://www.dhs.gov/xoig/assets/mgmtrpts/OIGr_08-09_Apr08.pdf} has the .gov you alluded to earlier but funny thing is that DHS seems to black out the information as appendix C clearly shows on page 44.

That link is from April of 2008. Chances are that pdf has been updated, rescinded, or moved to an archive location.

404 Error:

The requested page was not found

Sorry! The page you are looking for may not exist, may have been removed or had its name changed, or is temporarily unavailable.

Edited September 3, 2011 by Crusty Old Perv

[HopeFaithLove 13]

Thanks, very informative post !

[mmstompin 4]

Just curious what the fraud referral means by documents issued to close to the interview. Shouldn't you be getting the requested documents when they are asked for (for instance in Italy certain official documents have an expiration date). So to purchase them to far in advanced of knowing the interview date would be pointless.

[I AM NOT THAT GUY 5,715]

Just curious what the fraud referral means by documents issued to close to the interview. Shouldn't you be getting the requested documents when they are asked for (for instance in Italy certain official documents have an expiration date). So to purchase them to far in advanced of knowing the interview date would be pointless.

It's a bogus list created by lawyers for lawyers to keep you from doing this all on your own. Don't get bent out of shape.

Edited September 4, 2011 by Crusty Old Perv

[JimVaPhuong 4,863]

Mr JimVaphuong: I believe the attached file shows clearly that USCIS indeed issued these guidelines but i stand to be corrected.

Those aren't "guidelines", and they weren't "issued" by USCIS. It's a checklist and apparently an internal document, presumably used by USCIS to refer a case to the Fraud Detection and National Security unit (FDNS). According to AILA, that document was submitted into evidence at a deportation hearing by ICE, and a copy of the document was submitted to AILA by the alien's attorney. Whether USCIS used that form before that specific case is unknown. Whether USCIS still uses that form is unknown. Whether USCIS is currently using a similar form that's been revised since September of 2004 is unknown.

You are most likely correct that the attorneys I cited probably got their information from that document, but your post is not a summary of the USCIS Fraud Referral sheet, but is an almost direct word-for-word copy/paste of the article by Baughman and Wang, yet you cited USCIS as your source.

[S_R 148]

Just curious what the fraud referral means by documents issued to close to the interview. Shouldn't you be getting the requested documents when they are asked for (for instance in Italy certain official documents have an expiration date). So to purchase them to far in advanced of knowing the interview date would be pointless.

I believe i have come across several examples of people on VJ who have been confronted with some of the issues mentioned on that list. Who or what created the list has no bearing on the information it contains. I would humbly advice that you take note and prepare accordingly. There is no harm in taking in as much information as possible to help you avoid potential pit falls. Wish you luck

[LoveNigarmostyle 164]

Although each case is different, some common fraud indicators may present in your case prompting the USCIS/ Consulates to carefully review your file.

* Documents issued either immediately before the interview or immediately after the interview;

* Over-submission of documents;

* Staged photos;

* Suspect tax filings/financial transactions;

* Multiple applications/petitions by single applicant/petitioner;

* Common preparer, especially known shaky immigration consultants;

* Suspicious filing history of beneficiary or applicant;

Suspect documents;

* Biometric discrepancies;

* Denied for abandonment or withdrawal after RFE issued;

* Preparer and notary are the same person.

* Short time between entry and marriage

* Unusual marriage history

* Children born during marriage to other parent

* Unusual number of children and large discrepancy in age

* Unusual dates on submitted documents

* Divorce / new marriage dates close

** Unusual or large age discrepancy between spouses (when found in conjunction with other indicators)

* Unusual associations between family members

** Unusual cultural differences

**Low employment/financial status of petitioner

* Previous marriages to foreign nationals

If during your first interview, you showed: extreme nervousness, over interaction, lack of knowledge about basic questions, lack of interest/interaction, evasive or gave general answer, your case may be considered suspicious and may require careful scrutiny.

Courtesy:uscis

Thank you for the post. Regardless of where this information came from, there are many good points being addressed here, which would be helpful to many couples in their VJ regardless of the stage they are in.

With each couple taking under-consideration the "list" you stated here, they can address "what pertains to them individually", and taking the steps needed, by lessening the risk of being denied or face complications with their VJ.

Thanks again for sharing.