Case moved to fraud department

[Ash.1101 1,756]

54 minutes ago, CJlove said:

I don’t understand. 

 

Hes saying that just because she was legally married, doesn’t mean she obtained the green card rightfully.

 

Simply being married doesn’t mean you’re owed a green card, you have to prove bona fide marriage. If she came to the US knowing her husband was cheating on her, knew that she was going to leave him once she got her GC, and didn’t really have a bona fide relationship then she shouldn’t have gotten the green card.

 

the time line you’ve given shows that maybe she was in it for the GC. It’s possible that she gave this info at the naturalization interview but not the green card interview, which means she omitted info at the ROC interview that could have made her ineligible for the 10 year GC.

[geowrian 22,338]

I can see why the IO would suspect that she stayed married solely for immigration purposes. I'm confident there's more to the story as well, but we may or may not ever know those details.

Actually proving it is another issue...as stated in my previous post, the burden is on them at this point. They may review the case to see if there were any factual misrepresentations made...as that is much easier to prove than the actual marriage not being bona fide.

For now, she's in limbo waiting for the formal decision.

[afrocraft 314]

Proving marriage fraud after successful ROC is a tall order even for a large bureaucracy like USCIS. Mere suspicion is not enough at this stage. Applicant must really have screwed up her oral testimony to be in this situation, or USCIS had other evidence (did her ex-husband "rat" on her?).

Edited February 19, 2019 by afrocraft

[Going through 5,671]

1 hour ago, afrocraft said:

Proving marriage fraud after successful ROC is a tall order even for a large bureaucracy like USCIS. Mere suspicion is not enough at this stage. Applicant must really have screwed up her oral testimony to be in this situation, or USCIS had other evidence (did her ex-husband "rat" on her?).

 

I'm thinking along the lines that under scrutiny if it comes about that divorce proceedings were initiated or formal/informal separation occurred before or during the ROC process, and USCIS was not informed of this before the 10-year GC was issued, that would fall under "factual misrepresentation" which could be used against her in a fraud investigation.

 

Not sure if this is the case here, as we still don't have all the full details (ie. divorce was finalized in 2013, but when was it actually filed for/the couple stopped living in marital union?).

 

All we can do is mostly speculate in this thread as facts are not forthcoming from the person involved directly.

 

Edited February 19, 2019 by Going through

[CJlove 147]

57 minutes ago, Going through said:

.Not sure if this is the case here, as we still don't have all the full details (ie. divorce was finalized in 2013, but when was it actually filed for/the couple stopped living in marital union?)

 

Moved to Hawaii on December 2011.

Divorce filed 2013.

Divorce finalized 2013. 

[CJlove 147]

2 hours ago, afrocraft said:

Proving marriage fraud after successful ROC is a tall order even for a large bureaucracy like USCIS. Mere suspicion is not enough at this stage. Applicant must really have screwed up her oral testimony to be in this situation, or USCIS had other evidence (did her ex-husband "rat" on her?).

And no. The husband did NOT rat on her. It all started with the mismatch information they have on file. Like the dates she moved to Hawaii and started working (my OG thread). 

[Boiler 45,913]

When did she move to the US?

[Going through 5,671]

25 minutes ago, CJlove said:

Moved to Hawaii on December 2011.

Divorce filed 2013.

Divorce finalized 2013. 

At what point did they stop living in marital union, if you know?

I remember you saying she got the 10-year GC in 2011 as well...she moved to Hawaii with or without her husband?  

Edited February 19, 2019 by Going through

[Going through 5,671]

15 minutes ago, Boiler said:

When did she move to the US?

OP said on first page her friend moved to the US in 2008.

 

"She moved to US in 2008 after her marriage with a citizen. 2011, she received her 10 year GC. Then she got divorced on 2013."

Edited February 19, 2019 by Going through

[CJlove 147]

1 hour ago, Boiler said:

When did she move to the US?

2008

1 hour ago, Going through said:

At what point did they stop living in marital union, if you know?

I remember you saying she got the 10-year GC in 2011 as well...she moved to Hawaii with or without her husband?  

She moved to Hawaii without her husband in 2011. At this point, his mistress was already pregnant. 

[Life_love 45]

Quote

 

She went in for her interview, but here is what went wrong. 

1) She did not write the date correctly. She moved to Hawaii on December 2011, but on her application, she wrote down December 2012. Now, she started working on January 2012. So the CO asked her, how come you started working on January 2012, when on the application, you wrote that you moved to Hawaii on December 2012? 

2) She moved to US in 2008 after her marriage with a citizen. 2011, she received her 10 year GC. Then she got divorced on 2013. Her husband was cheating on her. She can prove this because her exhubby's mistress was pregnant with his child in 2013, the same year she filed for divorce.

 

Maybe, jusst maybe (this is just a speculation, of course...as i was not there or know her intentions. I'm just going on by reading this post) she purposefully wrote the wrong date for whatever reason, and the IO asked her about it (as routine) and she stated the wrong date. But when he asked, " how come you started working on January 2012, when on the application, you wrote that you moved to Hawaii on December 2012? " she may have panicked and back peddled on her real move date stating she made a mistake. Then resorted to the i don't knows...like you mentioned.

Which in turn drew suspicion because she moved after she got her gc (that in itself wouldn't be grounds for denial or divorcing him after 2 years). But her willful misrepresentation on dates may have opened a pandora box of "what is she trying to hide"  type questions that led to denial and fraud.

 

Like i said, its only speculation and its the only way i know to wrap my head around this story. 

Lying on your n400 will result in immediate denial.....the reason to which she lied is what may have led him to move her case to fraud dept.

[fuzzybunny123 1]

So she came here in 2008 (married),  2 year later, got her 10 year Green Card.  Immediately moved to Hawaii  without her husband! (huh? Why) Managed to get a place and secured a job within a month of arrival. (Did you know anyone there, were you seeing someone?) 

 

Now “She was married over 2 years, his then mistress was pregnant, overall, an unfair situation” Okay, it seems like she had to endure a lot and was miserable, she left. Which raises the question How did they pass the 10 year GG round to begin with. Information probably were mispresented somewhere. 

 

It doesnt matter if they have 10 year GC already, if USCIS thinks you obtain it due to mispresenting information truthfully, it become invalid.  Even if you come over decades ago, have baby with your wife, still got denied. This case the guy was married and having gfs. 

 

Anyhow, the backlog has definitely increased 87% the last 2 years!

[CJlove 147]

We have an update on this case. She received n400 denial letter based on her moral character and lying under oath. What to do next? 

[Boiler 45,913]

2 minutes ago, CJlove said:

We have an update on this case. She received n400 denial letter based on her moral character and lying under oath. What to do next? 

My next stop would be your Lawyer, the big issue is what they do next.

Edited March 12, 2019 by Boiler

[CJlove 147]

54 minutes ago, Boiler said:

My next stop would be your Lawyer, the big issue is what they do next.

The letter doesn’t say anything about revoking her existing green card, but that she has 30 days to make an appeal for the n400 denial notice.