Update on Marriage Fraud

[foifoi 11]

Hi,

I posted questions related to the marriage fraud that I found myself in through my Russian national spouse perhaps about half a year ago or so. I do have an update that I'd like to share with the few who were helpful in giving me an idea as to how that marriage fraud would hurt my ex. Just to remind you about the background I will say that there was an abandonment after which I filed for divorce while the spouse was overseas and that happened 2 months after the spouse had received the conditional green card in mail so the divorce pretty much followed the arrival of the conditional green card, but it was finalized a year later due to the few errors I made on the divorce forms. Anyways, so when the spouse arrived back from their homeland, our divorce got finalized. The spouse also dropped the DV claims against me while not seeing me for a year LOL so the judge didn't even hear the ex, so the hearing got dismissed within a few minutes.

The ex had no joint docs with me because we pretty much didn't see each other after the conditional card arrived, so the I-751 waiver was impossible for them to get and for that reason the ex spouse jumped into a new marriage in the US after the return from abandoning me. But before the ex even married for the 2nd time here, I had successfully proved to the FDNS (fraud unit) that the ex committed marriage fraud and they confirmed the fraud, so my point is that the ex didn't know that she was jumping into another marriage while there's a fraud finding in their immigration record. The ex is a male who married a woman (the 2nd time) who was 15 years older than him LOL. The woman was his mom's age actually (very smart of him!)

So what happened next is that they married in November and that was right before his conditional green card expired with me and obviously he never even applied for that I-751 waiver to remove his conditions. He couldn't do it for not having anything joint with me, plus the USCIS would not let him remove anything having fraud finding on him. I notified the USCIS off the new marriage (to the much older woman), and during my last communication with the FDNS, the gov't assured me that they are taking this case very seriously. I guess that's because I also proved that he was tied with a woman who does sham marriages.

So my ex married in mid November and to my surprise I just learned that he's back in Russia, which seems way to soon for him to get deported! My only thought on why he's back in Russia for the past month an a half or so is that perhaps they grilled him during his 2nd interview with the new wife, since it was the fraud unit that was going to interview him. I counted from December...in Cali it takes about 5-6 months to get a green card, so assuming they petitioned in December, it's now the 5th month but he's back in his homeland! I knew that he would get deported (the FDNS told me so), but what I am surprised about is that he's back so early because I thought he would get a Notice to Appear to the immigration court and the whole process would take no less than a year. Of course, I am glad that he left, but the reason why I am writing is to get an idea as to what could have been the reasons behind such an early departure.

My reason, as mentioned above, is that considering the short time frame from December, I counted a month an a half for biometrics appointment, so that would be January, then the investigation conducted and the interview, which usually takes place on the 3rd month (February), so the fact that he's been back in his country since sometime in March makes perfect sense in terms of the timing of his second petition. What I am wondering, though, is if the FDNS can threaten the person with jail time during the interview? There are consequences for committing marriage fraud, but i know that hardly ever a person gets jailed fr it, so is it a possibility that he was threatened to end up in jail unless he would voluntarily leave within certain amount of time? Is this a common practice at the USCIS?

I just can't see him leaving for no reason at a critical time for him in terms of petition and since he screwed up the 1st time in successfully getting his green card, there was no reason for him to abandon while the petition was in process. He could not have used our green card since that expired back in November before he got married, so would you agree that his sudden departure is most likely tied to an interview? I do have a feeling that he was threatened to leave. Now that he has no green card and has left, this means that he can't return lol to the US so I have a feeling that unless a person was forced to leave it makes no sense why he would leave without any docs and not be able to come back.

Whatever the case....I wanted to update for those who seemed interested in my story and if you have any thought regarding my question as to what could have had happened (a potential scenario of him leaving so early), I would gladly hear that. To those couple of idiots who were trying to claim that I did not have any contact with FDNS, please do not trash my thread like before with your stupid meaningless opinions. Thanks in advance.

Edited April 28, 2014 by foifoi

[Harpa Timsah 13,258]

Thanks for the update. Just so you know, your ex cannot get a GC based on his new marriage. He needs to see the conditional GC through and comply with the ROC requirements. There was just a case on here where someone was denied AOS because it was a second marriage and the immigrant had had a conditional GC before.

[Pitaya 2,577]

~Moved from Family-based AOS to Effects of Major Family Changes on Immigration Benefits Forum~

~Topics of this nature are often discussed at this forum~

[Jawaree 718]

He probably went on his own home to prove this one is bonafide

(she'll probably visit and have docs & pics) then file a waiver eventually

for him to return , longer process but he can be approved for that and return,

then the old marriage is old news

[foifoi 11]

He probably went on his own home to prove this one is bonafide

(she'll probably visit and have docs & pics) then file a waiver eventually

for him to return , longer process but he can be approved for that and return,

then the old marriage is old news

I was not aware that this was possible, but he has been confirmed as fraud even before that 2nd marriage, which already blocks any future petitions for him. Also, his conditional green card expired before he left the US after his 2nd marriage, which makes him out of status not having filed the I-751. If you leave while out of status, then you have stayed in the US illegally even if married to the 2nd spouse, so this refutes what you said above. Also, not sure which docs you had in mind. If you're talking about joint docs, then they can't have joint bills and such if they don't even live together.

Can you tell me where you get your info and how valid it is unless you're just stating your opinion? I am looking to read valid knowledgeable opinions as to what the FDNS could have told him to make him leave so early. Since you missed the most important and crucial point...the marriage fraud, I can not take your statements seriously since marriage fraud is bars any future petitions and you also missed the fact that he's gone out of country after the expiration of his card with me and without a new card, so he's been out of status and can not be allowed back for that specific reason (even if there was no marriage fraud).

I don't see how a USC can even file a waiver for the spouse who is outside of the country when that is requested in front of the immigration judge by the immigrant himself! So if I agree with your statement, then the immigrant isn't even going to be in the country to file for any waivers. Also, there is no waiver for marriage fraud. I would really like to hear from more serious people here about this.

Edited April 29, 2014 by foifoi

[Caryh 5,206]

Self deported without prejudice, may leave him open to being able to be petitioned again by his new wife.

[Boiler 45,924]

Perhaps he just went back for a visit using AP.

[Caryh 5,206]

Perhaps he just went back for a visit using AP.

Or on a ROC extension letter?

[Sandra G. 5,057]

I know 3 people here in the visa journey that the fraud unit told them that they found fraud too, well their scammers spouses renewed the GC without any problem . I believe your ex just went to visit Russia,using l751 extension letter.

Edited April 29, 2014 by sandranj

[foifoi 11]

Self deported without prejudice, may leave him open to being able to be petitioned again by his new wife.

Interesting....but how about the fraud finding against him, which in itself is a ban from getting any type of petitions again. I would understand what you're saying if there was no fraud finding against him, but there is one and everyone claims that marriage fraud is a ban for any petitions, not to mention that if he's outside of the country now, he might not even be able to return if he tries to do it with a tourist visa. I-751 is impossible for him to get if he has nothing to show for. We had nothing joint. What do you think of this? If he was going to be petitioned again, then it would have been much easier to do inside the US wouldn't it? Because leaving after the conditional gc with me has been expired wouldn't that just scrutinize his return when outside?

Perhaps he just went back for a visit using AP.

What's an AP?

[foifoi 11]

I know 3 people here in the visa journey that the fraud unit told them that they found fraud too, well their scammers spouses renewed the GC without any problem . I believe your ex just went to visit Russia,using l751 extension letter.

If he was going to file for I-751 there was no point in getting married to a woman who is 15 years older because with the previous fraud finding, this age difference on top of it certainly won't make things easy for him. He needs to have something for I-751 to file it for, but not only we didn't live together, he has nothing joint with me. Even if he went back with an extension letter for I-751, there is that fraud finding which bans him from getting petitioned again. Any thought on this?

[cdneh 3,112]

Same thoughts many of us had, back when you first posted, 3 months ago. Are you still stalking this ex? You aren't going to be able to move on, as long as you are.

http://www.visajourney.com/forums/topic/473378-marriage-fraud-question/

[dwheels76 5,468]

What's an AP?

Advance Parole. People file so they can leave the US before all their Adjustment of status is complete.

[foifoi 11]

Advance Parole. People file so they can leave the US before all their Adjustment of status is complete.

I realized that after asking about it

I thought about that myself since he tried to get that when we were married, but he has gone after 3 months of petitioning and this specific time-frame seems crucial for him due to the interview timing after the 3rd month. Since he has a marriage fraud finding and I was told by an FDNS the USCIS is taking this case very seriously, I don't see how he wasn't even grilled about his 1st marriage, since marriage fraud is an automatic ban for future petitions. That's why considering all this (including the timing) I did not dwell on that AP.

[AmyWrites 593]

Can you move on from this? I don't know why you care or keep pursuing the matter at this point. You did what you have to do. If some woman falls for it that's her problem.