Marrital Fraud

[Richard-Y-Abigail 18]

It would seem that if fraud is not suspected during the Interview stage, and the beneficiary is approved for the Visa, then the responsibility of the intending immigrant is no longer that of immigration. We have no recourse if we discover that we have been used by our "significant other", because for all our evidence, the beneficiary can still obtain their GC, and lie while doing it. We are harmed economically, and we hurt emotionally. It is not a revenge thing when we discover that we have been used to want to stop the beneficiary from getting their GC. It is about what is right.

The way things work, is that we messed up, (we know it, but we do not want to admit it), and then from then on, we are responsible for them financially if we, too, are their sponsor. They get away with deception, and still get their GC. Where is our protection? We can do nothing, but move forward, protect ourselves personally, and blah blah blah.

Supposedly, the whole idea behind the 2 year GC is to see if we committed fraud, and if it is discovered, the intending immigrant is denied their permanant residency.

Well, I have an idea for those who can pull it off. Go to the interview to remove conditions, with the beneficiary. Do not say anything before the interview, and then, once you two are there, reveal everything in person. Tell the IO the truth, and let them wade through this nightmare.

Any comments? There seems to be very little recourse.

[together4evr 360]

I could not live that lie until the interview. That means I would be as bad as the criminal. I would have to act like I loved the criminal.... act like I cared.... act like THEM!!!

But it would be sweet revenge if I could do it!!

[Villanelle 4,122]

If I understand you correctly, youre suggesting that you would go to the joint interview and in it, you would stand up and 'announce' hey wait a minute- I know we filed this application jointly, but I wish to withdraw my joint support, this marriage has been a fraud. My spouse has been using me for benefits blah blah blah. Basically the same stuff youd write in a disgruntled spouse letter, but youd be telling the IO in person.

You seem to think because youre telling them in person, its going to make difference. Its not. Theyre simply going to cancel the joint petition, and advise the immigrant to re-file on a waiver.

(You may even get a stern talking to about why on earth YOU fraudulently filed a joint petition with your spouse claiming to be in a legitimate marriage when you werent)

[CHarvey80 72]

First of all, that person is still your spouse, you are supposed to communicate with him/her. That is what marriage is about. Unless you know and you can prove that your spouse committed fraud, this is not going to take you anywhere. Second, like has been said above, why would you file jointly and pretend everything is ok until that day? You are asking for trouble.

Sometimes people fall out of love, it can happen, and that doesn't mean it is fraud. Unless you can prove it, you should't say things like that so lightly. Adults don't do revenge, they deal with situations and move on.

[Richard-Y-Abigail 18]

Since I am not the one committing fraud, and clearly I am not suggesting that if you believe that your spouse is committing fraud that you should go forward and try to lift conditions, I am talking about a very small amount of people who discover during this process that their spouse is going to leave them once they get their GC. I am not talking about other situations. If I was committing the fraud, then you are right. Why would I do that? Please read my post again. I am talking about mitigation. Why stay the victim?

Quote:

(You may even get a stern talking to about why on earth YOU fraudulently filed a joint petition with your spouse claiming to be in a legitimate marriage when you werent)

[Villanelle 4,122]

Thats in essence what you are doing though.

Lets say on jan 1 you discover your spouse is using you for immigration benefits. You allow your spouse to file for joint removal of conditions on feb 1. You committed an act of fraud by allowing a joint petition to be filed on a marriage that is not legitimate. Sure its an 'act of fraud once removed'. You didnt directly commit the fraud because its not your petition, but you didnt stop the joint petition from being filed by leaving your spouse and preventing them from being able to file jointly. Hence the stern talking to and not the fraud prosecution.

[Richard-Y-Abigail 18]

I began thinking about this when I read a post from someone that discovered that his wife, just days before the interview, told him that after the interview to remove conditions, that she was leaving. Hence the very small group of people that can use my idea. Now do you get it? And, he had evidence that he could use at the interview.

[Sandra G. 5,070]

There is no interview for ROC,just sometimes they set up interview,but it's not common at all.

[NigeriaorBust 4,087]

advise if you don't know the person , don't get married.

[InHisTime 110]

advise if you don't know the person , don't get married.

Very WISE suggestion :thumbs:

[Villanelle 4,122]

I began thinking about this when I read a post from someone that discovered that his wife, just days before the interview, told him that after the interview to remove conditions, that she was leaving. Hence the very small group of people that can use my idea. Now do you get it? And, he had evidence that he could use at the interview.

I understand what youre saying. But the scenario above is completely different from what you described in your original post.

Scenario above- Couple is married. USC believes its in good faith, allows joint ROC to be filed in good faith, interview is scheduled, finds out days before spouse intends to leave after 10yr card is issued (!) what to do? Is there enough time to contact USCIS properly and request joint petition to be stopped? No. They should attend join interview and request petition to be canceled in it.

But your concept is that the USC enters a marriage in good faith. At some point they discover or feel their spouse is or was using them for immigration benefits. You suggest they stay silent and remain and allow a joint ROC petition to be filed, thereby at the interview they can reveal said facts, the ROC will not be granted and the immigrant will not be granted the GC.

This is not possible for a variety of reasons. One there is not always an interview. Two- the entire concept of removing conditions is to establish the marriage was in good faith. So if you entered in to it and it was good and it subsequently broke down then the immigrant gets the GC. If the immigrant entered into to it with malicious intent from the start and you can prove it- no GC. There is absolutely no need to 'play along' and announce the discovery of fraud at an interview that may or may not even take place.

You asked what is your recourse if your a victim of martial fraud. Its very simple. First you have to determine if you were a victim of martial fraud. If you and your spouse were married with good intentions and it just didnt work out and you are a USC and they are an alien- then Im sorry, thats not marital fraud. They can leave you/divorce you and still get their GC. Its not fraud. Its just a sad case of a relationship not working out because two people rushed into something with good intentions that they werent ready for.

However if your spouse lied to you, tricked you, deceived you. Misrepresented themselves and their intentions and fraudulently married you in order to obtain immigration to the US and once they obtained status no longer had use for you- then yes, you would be a victim of marital fraud. And you do have a recourse. Upon discovering the fraud you would contact USCIS and submit your proof. If your proof is solid documentation of the fraud then the immigrant will not be issued the GC. Its very simple.

So it would only be a rare case where someone would have to attend an interview to withdraw their petition and submit evidence of the fraud at the interview in person. They wouldve had to had filed jointly in good faith, been selected for an interview, and had discovered the evidence of the fraud with in days of going to the interview.

[Xanax 349]

Hi OP, I believe a lot of people don't even have a ROC interview so your "plan" would work for few and far between as 1) The petitioner would have to discover while waiting for their ROC interview that they have been "duped" 2) The petitioner would have to be willing to lie to their spouse for X amount of time, and 3) There would have to be a ROC interview to begin with..

Similarly, I personally believe that even if you tell the IO in person it may not (probably not) work. Just because you speak to them in person will change nothing.

[SAT 9,609]

I think my wife committed immigration fraud. She told me she was cheap to feed, but she eats like a horse...

[NigeriaorBust 4,087]

So many people here strike up a fantasy relationship with a stranger half a world apart and find after getting together 24/7 that reality isn't anything at all like the fantasy and the hours online/phone. They then want to rid themselves of the disappointment by point the fraud finger at their partner. When you file the immigration papers you both are stating that you know each other well and have a bonafide relationship. I think the fraud was against the government when the couple claimed they were a committed relationship.

[The Mean Lady 604]

if you had concrete evidence that your spouse commited fraud, could you take them to judge judy and sue them for your filing fees and pain and suffering?