Fraud After 10 Year but Before N400?

[SeattleHasCoffee 0]

I have a question about my ex applying for citizenship, and about the affidavit of support requirements, in relation to fraud marriage.

Here is the basic background:

- Met her in her country, we married, she was immigrated on conditional resident status a year later.

- We filed for and she was granted a 10 year permanent resident card.

- She immediately went off the rails, started going out "with the girls" meeting men, getting on dating sites, etc.

- It was discovered that the marriage was set up by someone she knew and had said was her sister in the Philippines. This was fake, and it was also discovered that the two years of chat almost every day was with the arranger and not her. In the two years prior to her coming to the USA, most of the funds sent to her were diverted by this "arranger" as her "share".

- She had an affair, I filed for annulment. Court converted annulment to a divorce, but much evidence was filed in conjunction demonstrating that the marriage was not bona fide, including chat logs between her and the arranger that show it was a secretive and arranged situation.

Present day:

- She is requesting tax records from when we were together, in order to file her N400 for citizenship. Regardless of her status I think she is entitled to the tax records, since her name is on them.

Questions:

- First question: Will the USCIS pull the divorce record (not just the decree but the whole thing) and review the case? If so are they likely to interview me in relation to her N400 petition? If they did she would likely be investigated and possibly deported for fraud. I have not sent a copy of the divorce proceedings to the USCIS but I could I presume. I have already made my case with the courts in terms of the divorce proceedings, and will not change any of that...so if they interview me they are going to hear all the facts (will not perjure myself to prevent her from being departed).

- Second question: How does the fraud enter into the support requirements for the affidavit of support if it was discovered after marriage and the conditional green card? She is educated now and self sufficient, but there is always the chance that she may end up on public assistance....or...not repay her student loans. Given I could make a good case for initial fraud (in entering the marriage) if I were asked to pay for these under the affidavit of support...would the marriage fraud be a legal defense given she got her 10 year card and applied for N400?

[Harpa Timsah 13,258]

You need to contact USCIS and report the fraud. They don't know about it yet and you should tell them.

http://www.visajourney.com/forums/topic/439326-reporting-fraud-to-uscis/

She can get her own tax returns so I wouldn't help her.

Edited October 21, 2013 by Harpa Timsah

[English Muffin 59]

She will file her N-400 based on five years of permanent residency, so your marriage (whether fraudulent or not) won't be taken into consideration.

[Okalian 41]

She will file her N-400 based on five years of permanent residency, so your marriage (whether fraudulent or not) won't be taken into consideration.

I don't think this is quite accurate. If the basis of establishing permanent residency collapses, so will everthing else in her case.

I sat in front of the USCIS officer at N-400 interview and she had my whole file on the desk. Trust me, they will take this last opportunity to check everything before granting her citizenship.

[English Muffin 59]

I don't think this is quite accurate. If the basis of establishing permanent residency collapses, so will everthing else in her case.

I sat in front of the USCIS officer at N-400 interview and she had my whole file on the desk. Trust me, they will take this last opportunity to check everything before granting her citizenship.

I filed on five years of residency and my marriage wasn't mentioned once. I even filed to remove conditions with a waiver because we divorced before ROC.

My file was also on the interviewers desk, but he didn't mention my marriage at all. The OP's wife is not basing her N-400 on three of marriage so they won't really care about it.

If you were given a grilling over your application it doesn't mean that anyone else will. Perhaps your circumstances are suspicious???

So Okalian, exactly what did the interviewer ask you about your marriage and your divorce? How did it affect the result of your interview? Were you able to become a citizen or did it prevent you from naturalizing?

Edited October 22, 2013 by English Muffin

[Okalian 41]

So Okalian, exactly what did the interviewer ask you about your marriage and your divorce? How did it affect the result of your interview? Were you able to become a citizen or did it prevent you from naturalizing?

Actually not a single question was asked about my marriage/divorce. My emphasis is that they DO review your file, regardless of what happened before. I removed conditions too with a waiver,which was approved without an interview. So i guess my case was pretty smooth overall but it could've been more gruesome should my ex-wife filed a fraud complaint.

[gwenstar 66]

As Harpa said - she can get her own tax records if her name is on them - she does not have to go through you. Its up to you whether you want to help her out or not.

[Dave&Roza 748]

The bright side to this is that once she becomes a USC, you are off the hook for the I-864.

Dave

[BigDaddy28 228]

I have a question about my ex applying for citizenship, and about the affidavit of support requirements, in relation to fraud marriage.

Here is the basic background:

- Met her in her country, we married, she was immigrated on conditional resident status a year later.

- We filed for and she was granted a 10 year permanent resident card.

- She immediately went off the rails, started going out "with the girls" meeting men, getting on dating sites, etc.

- It was discovered that the marriage was set up by someone she knew and had said was her sister in the Philippines. This was fake, and it was also discovered that the two years of chat almost every day was with the arranger and not her. In the two years prior to her coming to the USA, most of the funds sent to her were diverted by this "arranger" as her "share".

- She had an affair, I filed for annulment. Court converted annulment to a divorce, but much evidence was filed in conjunction demonstrating that the marriage was not bona fide, including chat logs between her and the arranger that show it was a secretive and arranged situation.

Present day:

- She is requesting tax records from when we were together, in order to file her N400 for citizenship. Regardless of her status I think she is entitled to the tax records, since her name is on them.

Questions:

- First question: Will the USCIS pull the divorce record (not just the decree but the whole thing) and review the case? If so are they likely to interview me in relation to her N400 petition? If they did she would likely be investigated and possibly deported for fraud. I have not sent a copy of the divorce proceedings to the USCIS but I could I presume. I have already made my case with the courts in terms of the divorce proceedings, and will not change any of that...so if they interview me they are going to hear all the facts (will not perjure myself to prevent her from being departed).

- Second question: How does the fraud enter into the support requirements for the affidavit of support if it was discovered after marriage and the conditional green card? She is educated now and self sufficient, but there is always the chance that she may end up on public assistance....or...not repay her student loans. Given I could make a good case for initial fraud (in entering the marriage) if I were asked to pay for these under the affidavit of support...would the marriage fraud be a legal defense given she got her 10 year card and applied for N400?

If she is applying under five year rule, the USCIS will not really focus on the marriage. For the taxes she can get the copies herself since her name is on them. The good part of that is that you will be off the I864 responsibility. Basically right now just try to forget what she has done to you and go on with your life so you wouldn't have to hold no grudges on her. That won't help you a bit. To make yourself feel that you done what you are supposed to do you can right a letter and take it yourself to the office or mail it but you have to make sure that a supervisor gets it. Then it's in USCIS's hand to decide what to do. Good luck.