Is this Visa Fraud?

[New to US Law 0]

Although there may be two separate cases of visa fraud in my story, I want to concentrate on the one that I still have the chance to prevent. I am looking for suggestions regarding my duty as a US citizen. Therefore, if the only opinion you have is "move on," please do not post an answer.

Long story short:

I married a foreigner and I brought her to the US on a K-1 visa. After our wedding in the US she applied for AOS and got her conditional green card. One year later she flew back to her country alone, refusing to let me go with her (big red flag), but I trusted her and accepted her story ... big mistake.

Three months later I found out why she really wanted to go alone: when she came to marry me she left a boyfriend in her home country and she wanted to see him again to find out her options. When they met, they agreed that he was going to come to the USA to be with her this summer, right after the time she thought that her ROC was going to be approved.

Since that discovery our marriage was rocky. She kept saying that she loved me and wanted to be with me, but at the same time was constantly talking to her boyfriend via Skype. One day I caught her saying to a friend that she would be with him only if he came to live with her in the USA.

We filed a joint ROC, but I got fed up of her lies and filed for divorce. Initially she was very much against the divorce and often tried to patch things up with me, but one day, out of the blue, she said that it was over and that we will never be together again.

I could not understand why the sudden change, especially when the ROC is still pending, to this day. So I enlisted a friend to do some digging, knowing that a man cannot resist the charm of an attractive woman. She found him on Facebook and started asking questions. According to my friend, he said:

1. He has a girlfriend in the USA and they love each other

2. He waited over a year to see her again, but soon they will be reunited

3. He got a tourist visa to the USA already. It was very easy

4. He already bought tickets to fly to the USA and she'll meet him here

5. They plan to stay together in the USA at least one year, and then they will decide whether to return to their country together

6. He did not explicitly say that he plans to find a job here, but she has friends who are working here illegally, so she may think that he can do the same and contribute to their finances

So, knowing what he said, what am I supposed to do? On his facebook page he claims to be married and he may have used that to increase his chances of getting the visa (after I found out about him, my wife showed me his supposed marriage certificate to convince me that I had nothing to worry about).

a. I already tried alerting the corresponding consulate, but it is too late because he already got adjudicated a valid visa

b. I called ICE, but they told me that they cannot do anything until I am sure that he overstayed his visa. But how can I know that if I will never see his I-94?

c. I called the CBP, but they told me that they don't deal with such cases and I should contact the consulate instead

So now I am out of ideas. His arrival date is fast approaching and there is nothing I can do to at least get somebody at the POE to verify the facts he presented when obtaining the visa and make a determination about his eligibility for entry when he is surprised with questions about his girlfriend and his real intentions when coming here.

I was thinking of writing a letter to my congressman before it is too late, but can he really do anything?

What else could I do to alert the proper authorities and let them make the proper decision before yet another future illegal immigrant is allowed to get away with misrepresentation? I busted my a$$ to become a citizen the legal way, reason why I feel so strongly about a person taking advantage of my hard work to get all the benefits (through my wife) the easy way.

Thoughts?

[FinallyDone:) 10]

I Have the same question! How to report visa fraud! If anyone knows please helpI

Edited May 21, 2012 by srarios2008

[ceadsearc 516]

Chances are you can't do anything about the boyfriend. You CAN gather all the evidence you have regarding your wife, though, and report HER for visa fraud. If USCIS finds it credible she will be deported, have her GC revoked, and be banned permanently from returning. Presumably he would leave too if he just came to be with her.

[Harpa Timsah 13,258]

Yes, report the wife and his story will unravel eventually as well.

[Boiler 45,940]

You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423.

[New to US Law 0]

Chances are you can't do anything about the boyfriend. You CAN gather all the evidence you have regarding your wife, though, and report HER for visa fraud. If USCIS finds it credible she will be deported, have her GC revoked, and be banned permanently from returning. Presumably he would leave too if he just came to be with her.

I know that I can do this, but such a process may take months, if not years to be completed. By then, they may have already left on their own.

I was wondering if there was anything that could be done to raise a red flag on his record so his story could be checked out and the proper determination made at the POE when he arrives.

I cannot understand how it can be so easy for the people who may clearly have the intention to abuse their visa.

[Penguin_ie 5,996]

I was wondering if there was anything that could be done to raise a red flag on his record so his story could be checked out and the proper determination made at the POE when he arrives.

You've already done that by alerting the embassy and ICE. If they find your story credible, they can flag him for secondary inspection when/ if he enters.

[unlockingsky 94]

gather reliable evidence and start copying them to the embassy/consulate/uscis.

hearsay is not evidence.

[rade2rising 205]

forget her and find someone who cares about you

[Adriene H 89]

Lay low until you hear the other guy made it into the country,

then find out where he's working with her illegal friends, then

call ICE.

[bigdog 376]

File for divorce, do not spend time alone together as you leave yourself vulnerable as "an abuser". Notify USCIS of all the facts. Sorry to hear this.

[Sandra G. 5,057]

Be careful she probably will come up with some "abuse claim" against you.Regarding the guy you can't do anything about him,but regarding her SEND ALL PROOF to the USCIS and ICE and YOU MUST inform USCIS that you divorced her. You filed I-751 joint then USCIS probably will approve her I-751, right email and call USCIS and let them know about your divorce.

[NancyNguyen 1,658]

Well she committed an affair, it is not fraud. You can't do nothing except not going to the interview (if any.) You can divorce and move on your path. Sorry but these happen very frequently.

[New to US Law 0]

gather reliable evidence and start copying them to the embassy/consulate/uscis.

hearsay is not evidence.

Nothing is hearsay, but it is written evidence and anybody can claim that it was fabricated. That is why it would be cool if he got interrogated at the POE. Unfortunately some people are too lucky.

[New to US Law 0]

Well she committed an affair, it is not fraud. You can't do nothing except not going to the interview (if any.) You can divorce and move on your path. Sorry but these happen very frequently.

That is my thought about her too, reason I don't want to spend the effort reporting her.

But he may be clearly misrepresenting his intentions to "visit" the USA, reason I would be grateful if he is taken to a secondary. If he passes that in his own merits while asked about his girlfriend, then good for him.

The question is: how to alert the authorities about what I know that they don't know so they can ask him directly on a secondary.