re: CR1-visa entered the country without my knowledge

[jkb11 26]

Pardon me butting in, but I'm confused by some of your replies. If, as you have stated, the I-130 approval, consular interview and approval of the CR-1 visa prove that the marriage was bona fide, what exactly is the purpose of ROC in your opinion?

[Boiler 46,357]

Pardon me butting in, but I'm confused by some of your replies. If, as you have stated, the I-130 approval, consular interview and approval of the CR-1 visa prove that the marriage was bona fide, what exactly is the purpose of ROC in your opinion?

Extract more money?

[jkb11 26]

Extract more money?

If that's the only reason, how come some filers get denied?

[Harmonia 211]

If that's the only reason, how come some filers get denied?

From 2008-2012, almost 1 million I-751 were filed. 2% were denied. Of those 2% denied, only 17% (less than 4,000 in 4 years) were divorce waiver cases. The rest were jointly filed. That means a grand total of .003% of all I-751 filed were denied divorce waivers.

Draw your own conclusions. That sounds about right to me. Its reasonable to think that .003% of all cases WERE fraud.

https://www.dhs.gov/sites/default/files/publications/cisomb-conditional-residence-recommendation-final-02282013_1.pdf

Why were cases denied? USCIS themselves wrote,

"Individuals filing Form I-751, Petition to Remove Conditions on Residence, often encounter difficulty due to lack of notice and inconsistent adjudications. These problems can result in undue burdens on spouses and children seeking immigration benefits and services, including the erroneous initiation of removal proceedings."

Meanwhile, a $590 filing fee times 1 million applicants is a lot of money for a self-funded agency that doesn't receive any tax dollars.

Edited May 5, 2016 by Harmonia

[jkb11 26]

17% out of 2% is 0.003%? This must be some new kind of math...

But math aside, I'm not sure why are you considering only divorce waiver cases. As far as I know, everyone who files for I-130 / CR-1 has to do ROC, not only the divorcees.

[aaron2020 11,651]

From 2008-2012, almost 1 million I-751 were filed. 2% were denied. Of those 2% denied, only 17% (less than 4,000 in 4 years) were divorce waiver cases. The rest were jointly filed. That means a grand total of .003% of all I-751 filed were denied divorce waivers.

Draw your own conclusions. That sounds about right to me. Its reasonable to think that .003% of all cases WERE fraud.

https://www.dhs.gov/sites/default/files/publications/cisomb-conditional-residence-recommendation-final-02282013_1.pdf

Why were cases denied? USCIS themselves wrote,

"Individuals filing Form I-751, Petition to Remove Conditions on Residence, often encounter difficulty due to lack of notice and inconsistent adjudications. These problems can result in undue burdens on spouses and children seeking immigration benefits and services, including the erroneous initiation of removal proceedings."

Meanwhile, a $590 filing fee times 1 million applicants is a lot of money for a self-funded agency that doesn't receive any tax dollars.

OMG. What flawed analysis.

Did you consider that some people were denied for reasons other than fraud? Like the inability to correctly file paperwork? Cuz no one on VJ has ever been denied for inadequate paperwork right? Must have been all fraud.

[Caryh 5,206]

I just want to make a few clarifications regarding this and its meant for all viewers. Using a visa not as intended can be considered fraud. But according to USCIS the CR/IR visas are issued under a family unity act but they are not technically considered to be the reason issued. The reason issued is to enter the US and obtain perm residency. So therefore its not considered fraud to enter and not reunite.

We did have a user on who was in the exact situation but he was the immigrant. He was advised he would NOT be breaking any laws by entering and rather it was a moral issue on whether or not to use the visa knowing it was issued because of a marriage that was no longer viable.

Fall where you may morally on the issue but realize "fraud" was not committed according to USCIS.

I'd like to see the proof behind this advice and know who gave this advice. I'm not saying it's not true, between the law and court rulings some pretty strange stuff can be legal even if not moral, but I'd like to see what backs this up.

[IcezMan_IcezLady 582]

Pardon me butting in, but I'm confused by some of your replies. If, as you have stated, the I-130 approval, consular interview and approval of the CR-1 visa prove that the marriage was bona fide, what exactly is the purpose of ROC in your opinion?

because CR-1 visa recipient get conditional GC just like the K-1 visa folks.

[jkb11 26]

because CR-1 visa recipient get conditional GC just like the K-1 visa folks.

Yes. Please read the rest of the thread.

[Harmonia 211]

17% out of 2% is 0.003%? This must be some new kind of math...

But math aside, I'm not sure why are you considering only divorce waiver cases. As far as I know, everyone who files for I-130 / CR-1 has to do ROC, not only the divorcees.

Try re-reading what I wrote. I answer both your questions in my original post. That is not what I'm saying, at all, to either of your questions.

Did you see my original bolded language? a "grand total of .003% of all I-751 filed were denied divorce waivers."

NOT 17% of 2%. 17% of 2% of ALL filings. Less than 4K denied out of 1 million. That's your .003%. SMH. I don't even know why I'm editing this post to justify my math except that its so ridiculous that people can't read the actual USCIS stats (aka, facts, not suppositions, of which there are many on this board) that I googled and calculated the first time. End of vent.

OMG. What flawed analysis.

Did you consider that some people were denied for reasons other than fraud? Like the inability to correctly file paperwork? Cuz no one on VJ has ever been denied for inadequate paperwork right? Must have been all fraud.

Try reading what I wrote. I quoted USCIS reasons for denied ROC in the original post.

Here, let me post it a 2nd time for you:

Why were cases denied? USCIS themselves wrote,

"Individuals filing Form I-751, Petition to Remove Conditions on Residence, often encounter difficulty due to lack of notice and inconsistent adjudications. These problems can result in undue burdens on spouses and children seeking immigration benefits and services, including the erroneous initiation of removal proceedings."

Edited May 5, 2016 by Harmonia

[jkb11 26]

NOT 17% of 2%. 17% of 2% of ALL filings. Less than 4K denied out of 1 million. That's your .003%.

"17% of 2%" is literally the same as "17% of 2% of ALL filings."

~4K out of 1 million is NOT .003%. Not even close.

Check your 5th grade math, then come back.

SMH. I don't even know why I'm editing this post to justify my math except that its so ridiculous that people can't read the actual USCIS stats

SMH indeed. You are trying to justify your unjustifiable math, and failing at it.

Try reading what I wrote. I quoted USCIS reasons for denied ROC in the original post.

Here, let me post it a 2nd time for you:

Why were cases denied? USCIS themselves wrote,

"Individuals filing Form I-751, Petition to Remove Conditions on Residence, often encounter difficulty due to lack of notice and inconsistent adjudications. These problems can result in undue burdens on spouses and children seeking immigration benefits and services, including the erroneous initiation of removal proceedings."

No one is denying that there exist petitions which were being denied for that reason. But this is like saying that traffic accidents happen because stray animals cross the road. Does it happen? Sure. Is this the most common reason for traffic accidents? No chance.

[NikLR 13,232]

1 000 000 x 0.02 (aka 2%) = 20 000

20 000 x 0.17 (17%) = 3400

3400/1 000 000 = 0.003

0.003 = = 0.3%

[jkb11 26]

1 000 000 x 0.02 (aka 2%) = 20 000

20 000 x 0.17 (17%) = 3400

3400/1 000 000 = 0.003

0.003 = = 0.3%

Hence, 3400/1000000 is 0.3%, not 0.003%. QED.

[NikLR 13,232]

Either way the percentage is rare, just not as rare as the person made it out to be. NBD.

[TBoneTX 46,373]

That's right. Stop the bickering.