how can I have wife removed for marriage fraud?

[Boiler 45,493]

I think that is another thread. gets confusing.

[JimVaPhuong 4,863]

I remember Clay's case from years ago. It's been a tragedy from the start:

http://www.visajourney.com/forums/topic/329862-child-died-in-vietnam-before-dna-sample/

He even started a publicity campaign to try to provoke changes at the consulate in HCMC:

http://www.visajourney.com/forums/topic/337258-vj-member-about-childs-death-in-vietnam/

Unfortunately, this appears to be one of those cases where the CO was correct when they denied the K1 the first time.

Clay, I'm extremely sorry for your situation. Your life has been a continuous stream of disappointment and tragedy. You fought very hard for this woman, and now it's clear she was stabbing you in the back from the beginning. You MUST get out of that apartment, get a good lawyer, and file for a divorce as soon as you can. Don't ever be alone around her again. Do this before she suspects anything. Otherwise, she must know that VAWA is her only other option after entering the US with a K1. If you don't protect yourself then you could end up in jail, possibly even with a criminal record for spousal abuse.

[Merrytooth 5,748]

Wow.. Thanks for the history of events.

[Avery Cates 1,141]

I remember Clay's case from years ago. It's been a tragedy from the start:

http://www.visajourney.com/forums/topic/329862-child-died-in-vietnam-before-dna-sample/

He even started a publicity campaign to try to provoke changes at the consulate in HCMC:

http://www.visajourney.com/forums/topic/337258-vj-member-about-childs-death-in-vietnam/

Unfortunately, this appears to be one of those cases where the CO was correct when they denied the K1 the first time.

Clay, I'm extremely sorry for your situation. Your life has been a continuous stream of disappointment and tragedy. You fought very hard for this woman, and now it's clear she was stabbing you in the back from the beginning. You MUST get out of that apartment, get a good lawyer, and file for a divorce as soon as you can. Don't ever be alone around her again. Do this before she suspects anything. Otherwise, she must know that VAWA is her only other option after entering the US with a K1. If you don't protect yourself then you could end up in jail, possibly even with a criminal record for spousal abuse.

Jesus.

At this point I would just cut her head off and bury her somewhere.

Not that I'm advocating he do such. But were it me, that's the likely scenario.

[Boiler 45,493]

Jesus.

At this point I would just cut her head off and bury her somewhere.

Not that I'm advocating he do such. But were it me, that's the likely scenario.

That might not be legal.

I do remember reading that thread now.

Jesus.

At this point I would just cut her head off and bury her somewhere.

Not that I'm advocating he do such. But were it me, that's the likely scenario.

That might not be legal.

I do remember reading that thread now.

[Avery Cates 1,141]

That might not be legal.

Likely not. But damn in this situation.

Edited May 10, 2014 by Avery Cates

[cdneh 3,112]

Wow.. Thanks for the history of events.

Indeed.

[Fan_Dancer 171]

Jesus.

At this point I would just cut her head off and bury her somewhere.

Not that I'm advocating he do such. But were it me, that's the likely scenario.

She is just a desperate woman, that had to abandon a child back home so that she could come and live in quasi poverty in the US to be able to send money back. I really don't see her as some gold digger - she comes across as far too poor and desperate for that. But it is hard to empathise when you don't really know third world country poverty.

[Boiler 45,493]

With all the negative comments about the Consulate etc made hopefully some apologies can be spread around.

[JimVaPhuong 4,863]

She is just a desperate woman, that had to abandon a child back home so that she could come and live in quasi poverty in the US to be able to send money back. I really don't see her as some gold digger - she comes across as far too poor and desperate for that. But it is hard to empathise when you don't really know third world country poverty.

I'm sorry, but this implies that her deceit should be forgiven because she comes from a poor country. This is wrong. This sort of thing certainly happens far too often in Vietnam, but it's the exception rather than the rule. Most women in Vietnam would not engage in fraud on this level in order to snare a visa to a first world country, just as most women wouldn't prostitute themselves regardless of how poor they were. Broadly speaking, they are decent and moral people, though there are bad apples, to be sure.

It's true that Vietnam is a poor country, but it's not the sort of miserable poverty you see on Child Fund commercials. Many houses may consist of little more than a concrete bunker with a tin roof, a wooden box for a family altar, and a woven bamboo mat for a bed. But it's rare to find people starving. Most people, even the most poor, wear relatively decent clean clothing. Nearly everyone has a cell phone. Most homes have at least one gas powered scooter. Families take responsibility for each other, and there is a strong sense of charity. Many people are poor, but most are relatively happy in spite of it. When someone is desperate to escape Vietnam it's usually because they have aspirations of achieving wealth, and not because they're strangling under the weight of poverty.

Can we judge her behavior in spite of the fact that we haven't experienced life in her country? Yes, absolutely. Her own people would judge her harshly.

[Darnell 8,478]

I have not done the paperwork for GC yet and am not going to.

Hey - have you put together your plan yet?

Here's what I suggest:

1. file for divorce. once you have the receipt of filing,

2. get to an infopass appointment at a local uscis office, ask the clerk across the glass to speak with the FDNS officer on duty. Wait to talk with that person, and hand over all documents that you have proving up this fraud, bringing the divorce filing receipt also.

that's about all you can do - you cannot have her removed, directly, but

if the FDNS officer thinks she has been fraudulent (based on what you submitted to him/her)

then notes will be made in her A-File,

and then

whenever she is stopped by law enforcement or any border crossing,

they will see the ICE hold on her,

then give her over to ICE for review.

At least, that's how it's supposed to work.

What happens after ICE review is anyone's guess.

During the divorce proceedings, is helpful to document and present the documentation on her marriage fraud, so it's made public record at the courthouse.

[Boiler 45,493]

Hey - have you put together your plan yet?

Here's what I suggest:

1. file for divorce. once you have the receipt of filing,

2. get to an infopass appointment at a local uscis office, ask the clerk across the glass to speak with the FDNS officer on duty. Wait to talk with that person, and hand over all documents that you have proving up this fraud, bringing the divorce filing receipt also.

that's about all you can do - you cannot have her removed, directly, but

if the FDNS officer thinks she has been fraudulent (based on what you submitted to him/her)

then notes will be made in her A-File,

and then

whenever she is stopped by law enforcement or any border crossing,

they will see the ICE hold on her,

then give her over to ICE for review.

At least, that's how it's supposed to work.

What happens after ICE review is anyone's guess.

During the divorce proceedings, is helpful to document and present the documentation on her marriage fraud, so it's made public record at the courthouse.

http://denver.cbslocal.com/2014/04/29/some-colorado-sheriffs-ending-immigrant-detainers/

Becoming less and less likely to be held.

[verysadguy 170]

I'm sorry, but this implies that her deceit should be forgiven because she comes from a poor country. This is wrong. This sort of thing certainly happens far too often in Vietnam, but it's the exception rather than the rule. Most women in Vietnam would not engage in fraud on this level in order to snare a visa to a first world country, just as most women wouldn't prostitute themselves regardless of how poor they were. Broadly speaking, they are decent and moral people, though there are bad apples, to be sure.

It's true that Vietnam is a poor country, but it's not the sort of miserable poverty you see on Child Fund commercials. Many houses may consist of little more than a concrete bunker with a tin roof, a wooden box for a family altar, and a woven bamboo mat for a bed. But it's rare to find people starving. Most people, even the most poor, wear relatively decent clean clothing. Nearly everyone has a cell phone. Most homes have at least one gas powered scooter. Families take responsibility for each other, and there is a strong sense of charity. Many people are poor, but most are relatively happy in spite of it. When someone is desperate to escape Vietnam it's usually because they have aspirations of achieving wealth, and not because they're strangling under the weight of poverty.

Can we judge her behavior in spite of the fact that we haven't experienced life in her country? Yes, absolutely. Her own people would judge her harshly.

JimVaPhuong and Darnell both historically and on this thread give excellent advice. I've been to Vietnam many times and Jim is correct in his assessment of the peasants. Proud, hard working, family oriented and surviving. It is not abject poverty and malnutrition.

Darnell is also correct about notifying FDNS etc.

Sadly, our current immigration political slant and policies don't deal well with fraud. I am a living example of such a case of an incredible conspiracy of fraud just to get to the USA for that aspiration of wealth at any cost. My ex could and should go back home, but she couldn't go back to her hometown. She would be judged very harshly as Jim says. However, she would simply lie and get lots of sympathy, too.

As for FDNS catching these folks, ICE detaining them, getting proper P6C determination for fraud likely not going to happen, but we have to do our part to identify the fraudsters to the authorities, I have little faith that many of the cases will actually be dealt with as they should. I've said it before and I'll keep saying it. If you come to the USA and you lied/cheated etc., then you really have no right to be here and the proper justice is you should be sent back to where you came from whether its a mansion or a shanty. Tens of thousands of hard working and honest people want to come to the USA. Why should the liars be given tickets to freedom and benefits?

[JimVaPhuong 4,863]

Do you honestly think that one comment on a public message board back then would have saved OP from current turmoil ?

What do you mean too late ? What makes you think OP would have dropped everything and done it your way because of what you

posted ? (rest of post removed as response to posted comment already removed - VJ Moderation)

D.Q. has been trolling this board for several years. It's ironic he would claim credit for predicting Clay's situation when practically every comment he has ever made on this board has involved a similar negative stereotyping of someone's Vietnamese fiancee or spouse. If nothing else, he is proof that if you always play the same number on the roulette board you'll eventually win. D.Q.'s posts are routinely deleted because his comments are rarely constructive or helpful, and are usually derogatory about the poster and/or the poster's Vietnamese S.O. To him, every dog is a wolf, so nobody listens when he cries wolf.

(Moderator's comments added: Dau Que is a banned former member of Visa Journey who habitually starts new accounts for the sole purpose of trolling this site. All duplicate accounts, once identified, are banned. As Jim states, please do not respond to any comments made by a new member that 'aim for the throat' about Vietnamese fiances or spouses, and report them to the Moderation Team using the Report button on the post. Thank you. )

Edited May 20, 2014 by Kathryn41
to add information to support posted comments

[Ebunoluwa 6,136]

D.Q. has been trolling this board for several years. It's ironic he would claim credit for predicting Clay's situation when practically every comment he has ever made on this board has involved a similar negative stereotyping of someone's Vietnamese fiancee or spouse. If nothing else, he is proof that if you always play the same number on the roulette board you'll eventually win. D.Q.'s posts are routinely deleted because his comments are rarely constructive or helpful, and are usually derogatory about the poster and/or the poster's Vietnamese S.O. To him, every dog is a wolf, so nobody listens when he cries wolf.

Chuckling at the roulette 'win'.

Yes, there are those people who never can get over their own bad choices and bash everyone else via a crystal ball.

A bit of disguised co transference I suppose.