MarrIage and Visa Fraud

[Caryh 5,206]

That's the sad part of immigration. Honest people finish last. However, we are usually the kind of people who know we have to answer for the bad things we do. Anyway, it's amazing that immigration puts lots more effort into over-scrutinizing and dragging their feet on the honest people who file all the right papers (us) and do nothing to stop fraud such as this as well as all of the illegal immigrants living here. I'm sure most people on here have plenty of stories to tell...

Its the lack of funding from congress. Processing petitions and visas are self supporting through fees. Funds to find and deport illegals is totally dependent on what congress decides to give that side of the process. They have long under funded this area, and show no sign of wanting to properly fund it, regardless of the saber rattling about illegal aliens in this country. They never actually put the money where their mouth is when they're trying to get reelected.

[Transborderwife 4,666]

Its the lack of funding from congress. Processing petitions and visas are self supporting through fees. Funds to find and deport illegals is totally dependent on what congress decides to give that side of the process. They have long under funded this area, and show no sign of wanting to properly fund it, regardless of the saber rattling about illegal aliens in this country. They never actually put the money where their mouth is when they're trying to get reelected.

It's also a lot more complicated than just sending someone home on a plane as well. Many choose voluntary departure and off they go. However, those here illegally are entitled to due process if they do not choose it. Immigration courts are backed up for years. Then there's the appeals process, things like cancellation of removal etc. Many are released on bond until their day in court to save costs of housing them. The whole system in many ways favours those here illegally. Edited May 12, 2016 by Transborderwife

[Caryh 5,206]

It's also a lot more complicated than just sending someone home on a plane as well. Many choose voluntary departure and off they go. However, those here illegally are entitled to due process if they do not choose it. Immigration courts are backed up for years. Then there's the appeals process, things like cancellation of removal etc. Many are released on bond until their day in court to save costs of housing them. The whole system in many ways favours those here illegally.

And those delays are caused by lack of funding. Also lack of funding to track them down and get into the courts affects what can be done. So many people worry about those crossing the border, but half of illegals come in legally. The budget would need to be at least 10 times larger to make a real dent in illegals in the USA.

[Eric-Pris 1,604]

My attorney will give me a crash course on the nature of the I-864. I WILL know NOW. Thanks for your input.

Maybe I'm misreading, but from your posts, I'm not sure if you understand exactly what could happen in regards to the 864. It seems that you expect your ex to do something against you to invoke it. He can't sue you or make you support him based on your sponsorship. All your ex can do is apply for welfare (food stamps, housing, $ stipend, etc). Some of that isn't even applicable to 864, but some is. And even then, the US government (in all of its efficiency and prowess) would have to first realize that he is an immigrant being sponsored, and then cross-reference with USCIS as to who his sponsor is, and then make contact with you. That sounds like a lot of work for a lazy (and underpaid) civil service employee who couldn't care any less about his/her job.

My suggestion- Don't waste any more energy, time, and money on this until you have to. Forget meeting with attorney over I-864, that's just a waste of your time and money right now. The chance of the government actually suing you to recover any federal aid he receives are slim to none.

In the very unlikely event that something does happen, you would have plenty of time to deal with it then. There is nothing pro-active you can do to prevent anything from happening, so why both worrying about something that is totally out of your control.

Edited May 12, 2016 by Eric-Pris

[Transborderwife 4,666]

Maybe I'm misreading, but from your posts, I'm not sure if you understand exactly what could happen in regards to the 864. It seems that you expect your ex to do something against you to invoke it. He can't sue you or make you support him based on your sponsorship. All your ex can do is apply for welfare (food stamps, housing, $ stipend, etc). Some of that isn't even applicable to 864, but some is. And even then, the US government (in all of its efficiency and prowess) would have to first realize that he is an immigrant being sponsored, and then cross-reference with USCIS as to who his sponsor is, and then make contact with you. That sounds like a lot of work for a lazy (and underpaid) civil service employee who couldn't care any less about his/her job.

My suggestion- Don't waste any more energy, time, and money on this until you have to. Forget meeting with attorney over I-864, that's just a waste of your time and money right now. The chance of the government actually suing you to recover any federal aid he receives are slim to none.

In the very unlikely event that something does happen, you would have plenty of time to deal with it then. There is nothing pro-active you can do to prevent anything from happening, so why both worrying about something that is totally out of your control.

On the contrary, the I-864 can be used to enable the immigrant to be provided for. The immigrant can sue the ex-spouse for the support, if they are not making 125% poverty level.

[B&Z 201]

On the contrary, the I-864 can be used to enable the immigrant to be provided for. The immigrant can sue the ex-spouse for the support, if they are not making 125% poverty level.

I'm just asking out of curiosity...for the case history/precedent of cases such as that, did the immigrant sue for that during divorce proceedings or well after the divorce had been completed?

[Eric-Pris 1,604]

On the contrary, the I-864 can be used to enable the immigrant to be provided for. The immigrant can sue the ex-spouse for the support, if they are not making 125% poverty level.

Is there any evidence of this happening? I'm not talking about 1 or 2 cases in some Podunk town in the middle of nowhere that some idiot judge granted.

[Transborderwife 4,666]

I'm just asking out of curiosity...for the case history/precedent of cases such as that, did the immigrant sue for that during divorce proceedings or well after the divorce had been completed?

No clue. I've just seen it discussed on VJ before with links for proof.

[Transborderwife 4,666]

Is there any evidence of this happening? I'm not talking about 1 or 2 cases in some Podunk town in the middle of nowhere that some idiot judge granted.

See above

[Boiler 44,852]

The ones i have seen have been as part of the divorce, involved women with children etc who could not work.

Single male, well why is he not working and what benefits can he get the would invoke the I 864, assuming they could connect the dots.

Not going to happen.,

[B&Z 201]

Well, this is some scary stuff...

http://www.pugetsoundlegal.net/blog/wp-content/uploads/2014/01/i-864_ssrn_version.pdf

[Caryh 5,206]

Well, this is some scary stuff...

http://www.pugetsoundlegal.net/blog/wp-content/uploads/2014/01/i-864_ssrn_version.pdf

There are also lawyers out there advertising to take on these cases in jurisdictions where there is court precedent now.

[TBoneTX 44,658]

A noncontributory post has been removed. Post constructively, or don't post.

[Boiler 44,852]

Every known case in which an I-864 beneficiary has sued a sponsor in state court

has arisen in family law proceedings.

Nuff said

[Caryh 5,206]

Nuff said

There's plenty more to say on the issue. Here is a good article

http://www.ilw.com/articles/2006,0110-wheeler.shtm