Fraud victim what happens next...

[orp967 3]

A couple of months ago I found out I was a victim of marriage fraud in which my then foreign fiancé entered our relationship with the intent of obtaining a greencard and not for love.

I have since sent notarized letters to the USCIS, NVC as well as the local consulate in her home country (our case made it all the way there right before the interview for the K1 visa) requesting the immediate cancellation of my petition.

In the letter I simply stated that I request to have the petition cancelled because I had uncovered evidence (text messages) that my then fiancé's intentions were fraudulent but I didn't attach any evidence. For me it was too embarrassing and thus too painful to go back through the months of text messages I uncovered.

I have a few questions...

How serious will immigration take my cancellation request without the evidence provided?

My former fiancé still actually has a full year left on her three year B2 tourist visa...

(a) What happens if she comes to the US and swindles another guy into marrying her and files for another K1 visa or gets married and tries to adjust her status with her now previous recently failed I-129-F?

(b) If she doesn't find someone else to marry her within the year and goes up for her renewal, what are the chances of her renewal being denied?

Thanks

[Hypnos 6,578]

If you've withdrawn your petition then that's that, she won't be obtaining a green card through you.

They may or may not tag her for further scrutiny if she attempts to immigrate through someone else in the future. Since you provided no proof of fraud it becomes just a "he-said-she-said" situation which are a dime a dozen these days.

You don't need to provide a reason at any point to simply withdraw a petition prior to visa issuance.

[Pitaya 2,577]

~Moved from K1 Process to Effects of Major Family Changes on Immigration Benefits Forum~

~Similar topics are often discussed at this forum~

[orp967 3]

*Sorry "how serious would immigration take my marriage fraud report without the evidence?"

*The dilemma I've been struggling with is whether I should've included the evidence or not

*Is it my responsibility knowing what I know to report her and do whatever I can to ensure she doesn't do to me to someone else? or do I end the fight here and move on?

Something doesn't feel right and I can't figure out what it is :/

[Boiler 46,059]

Sounds like something from 90 Day Fiance.

[B&Z 201]

Have you gotten a response to, and confirmation of, your request for withdrawal (especially from the consulate)? You need to make SURE the consulate sent her file back to NVC and did not interview her.

Since you didn't send any evidence of fraud with your request, I doubt they'll make a note of the fraud in the case. She will naturally face extra scrutiny in the future if/when someone else files a petition for her, but since you weren't adamant enough that it was fraud (with evidence to support your claim), your hopes of blocking her attempts to immigrate are minimized. You missed your chance, and at this point, you should probably just get on with your life. You said it was fraud in your withdrawal request, but you didn't prove any kind of seriousness by including actual evidence of it.

A) She can't use a K-1 from you to adjust status with someone else, she could only use that visa to marry you and AOS with you. If she ended up getting a k-1 from you and used it to get here behind your back, she'd simply become illegal at the end of the 90 days, even if she married someone else. It would be impossible for her to AOS from your k-1 with someone else.

B) Without evidence of fraud, it's not likely they'll take your fraud accusation seriously enough to enter it into the name check database as derogatory information that needs a security background check, etc. She might have a harder time getting another tourist visa due to having a previous fiancé petition, since the fiancé petition clearly shows an intent to immigrate, but it wouldn't necessarily be impossible to get another tourist visa...

Edited August 28, 2016 by B&Z

[JR loves JR 196]

They'll take your cancelation very seriously. They won't issue her a K-1 visa connected to your case. Unfortunately without evidence attached, it won't have much impact on her next immigration petition. She will have to disclose to them that she had another k-1 filed for her previously and they might ask her a couple extra questions. And maybe her telling the next guy about the cancelled k-1 will make him be more careful. The best thing you can do is move on and forget about her. And be thankful that you found out now and not after the marriage. That's when things get really sad.

[orp967 3]

Yes I checked my case and the local consulate has already sent it back to the NVC.

I'm sorry I should've been more clear, she did not move forward to the interview process and thus did not receive a K1 visa.

She is currently going back and forth on her B2 visa which expires exactly a year from now.

I guess the thing that keeps me up at night is the fact that I had the ability to do something; to report her and make it difficult if not impossible to come back to the US to try and pull these 'shenanigans' on the next guy and I didn't.

My rationale was taking a pseudo "high road" approach and leave her future in God's hands but afraid she'll get all the way to and through the marriage with the next guy and leave him once she gets her green card.

Oy vey! :/

[Hypnos 6,578]

You still have that opportunity now.

[orp967 3]

Update:

She's now currently in the US and has been here for over a month now on her B2, any significance in that?

[Lemonslice 4,963]

Update:

She's now currently in the US and has been here for over a month now on her B2, any significance in that?

No.

[Cheezees 1,514]

No, but you need to send the evidence you have and then let it go.

[orp967 3]

*once blew the whistle just as I predicted she came back to the US before the paper work could reach the USCIS and the consulate (2 days) and is now here "husband shopping"

I don't think she plans on returning to her home country until she finds a husband/alternate petitioner.

What do I or should I do?

[Boiler 46,059]

nothing

[Cheezees 1,514]

There's nothing for you to do. Just be happy you will no longer be hitched to that wagon.