Lying to an immigration officer - is this a crime? visa fraud

[joefannin 1]

OK so let me ask. I'm a US citizen and just went trough a very painful divorce.

 

My ex-wife was going through a heavy depression and met some European guy through her friends. An affair started behind my back, first lots of texts and infatuation, then a nice trip to a cheap hotel where it became phisical. I noticed the wife became emotionally and physically distant. I asked what the heck and she told me she needed time and space " to find herself" Of course being the good husband I was and seeing her sick of depression I agreed. on the weekends I still came and did the house chores took care of things while she spent them having fun on cheap hotels and air bnbs. i did not know that until a month later when I discovered her phone logged into her Facebook and I was just shattered.  I confronted her but it was all tears saying she broke our marriage and now its unfixable, I requested marriage counseling but she wouldn't have it. she kept seeing the guy behind my back all this time even though she said it was just a Fling and meant nothing. fast forward she files divorce, and I just gave up trying. Ok, so the ink is not even dry on our divorce decree and she files for a K1 right away. I thought about just letting this go. But I still think this selfish ### is taking advantage of the situation. Sure, it could be real love or whatever but you don't destroy someone with lies and deception and still be considered a quality candidate for a green card. I have records of his messages , planing and telling my wife to divorce me. All the while flying back and forward to Europe with automatic 90 tourist visa. See he was literally telling my wife to divorce me and he will get a job here and be happy because they are so perfect for each other, you know the whole soulmate bs. He was lying to immigration officers on tourist intent everytime he flew during that time. He was not here on tourism , I have proof his intent was to seduce my wife and get a job here after getting her to divorce me. obviously you need a green card for that. At this point I'm indifferent, I tried the best to save my marriage. still I feel I should tell immigration, is this lawful ? will immigration even care and treat me like a spiteful ex-spouse? or forget this and let the selfish ### get away helping to destroy my marriage and a green card to boot?

[laylalex 7,285]

First, I am so sorry this is happening to you.  I went through a messy divorce myself, a lot of horrible things said on both sides. But I did grow from the experience and learn what I would accept and not accept in a relationship going forward; I wish the same for you. Your ex-wife sounds very selfish and fickle, and you are far better off without her. My best wishes to you in this difficult time.

 

Now, I am/was in a sort of similar situation, all that being said. One of the reasons my ex-husband moved out and filed for support (he was the immigrant; he is now a citizen) was because he accused me of having an affair. This was not true, I want to point out, but he was convinced he was right. Honestly, I never would have had the courage to leave him, so he did me a favor. But the person he claimed I was having an affair with has become my fiance, and when my ex-husband found out that we were thinking about getting married, he said he was going to write to USCIS or DHS or whatever to try to stop my fiance from adjusting his status from an L1 visa. He said that my fiance had essentially seduced me into falling in love with him (my fiance) while I was still married (true), and that even if I was telling the truth that nothing physical happened, it was still proof of bad moral character. I asked on here if my ex could gum up the AOS by claiming that my fiance had lured me. I was told no, he couldn't do it. 

 

Ultimately it is going to be your word against his and hers. Even with the messages, what does it prove? It proves he wanted to be with your wife, and she wanted to be with him. I know that sounds harsh, but it's true. If this new guy said he wanted to be with her and get a job, they could turn around and say yes, he wants to be there with her and get a job because that's what people do -- they work to support themselves. He's not said anything that you've seen that shows she's only a step to working here and then leaving her, right?

 

I know it hurts, believe me I do. But right now your focus needs to be on YOU and what you need to heal and be strong. One of the best things to do to help that is leaving the poison of the past behind you. She is poison, and what she is bringing into her life is poison. Let these two losers have each other and you go live your best life without them. ❤️ 

[joefannin 1]

thank you for your words laylalex, today is the anniversary of that day I found out the truth. I read so much about infidelity and really tried to understand what could drive someone to destroy someone else like that. nothing made sense, at the end i had to completely shut off contact with her to keep my sanity (of course she still wanted to be friends). I was literally taking care of her very sick mother ,all while she was flying off with her boyfriend and having fun. through it all i still kept my marriage responsibilities until the divorce was official. Her mother still calls me and tells me her daughter was so stupid and made such a huge mistake. Her whole family hates this new person he brought in such a sinful way. I mean she really downgraded, I have a professional degree and make a good salary. He is ugly , bold, and has no real job prospects a true downgrade from what I see, her whole family sees. its just you know, they are in love and love conquers all.....

 

The cruelty of it all makes me question life, but you are right its broken people that cannot cope that can Hurt others like this. I don't need anymore messes like this in my life, and to go through he said/she said scenarios will only bring about more pain that I'm trying to slowly heal. If these people are truly cruel and selfish then they deserve each other and I'm better off. if they grow a conscience once the infatuation wears off , if they can muster to understand what empathy really is, then they will have to now build a marriage looking back at all the destruction they caused and I'm glad I don't have to live with something like that in my mind.

[millefleur 5,046]

**Moved from Off Topic to Effects of Major Family Changes on Immigration Benefits to be among similar threads**

[portorusa 431]

Sorry for what happened. How long were you married to her? Does your wife have a green card through being married to you? Who she filed K-1 for, herself or her European boyfriend?

[mushroomspore 3,044]

On 8/11/2020 at 12:21 PM, joefannin said:

OK so let me ask. I'm a US citizen and just went trough a very painful divorce.

 

My ex-wife was going through a heavy depression and met some European guy through her friends. An affair started behind my back, first lots of texts and infatuation, then a nice trip to a cheap hotel where it became phisical. I noticed the wife became emotionally and physically distant. I asked what the heck and she told me she needed time and space " to find herself" Of course being the good husband I was and seeing her sick of depression I agreed. on the weekends I still came and did the house chores took care of things while she spent them having fun on cheap hotels and air bnbs. i did not know that until a month later when I discovered her phone logged into her Facebook and I was just shattered.  I confronted her but it was all tears saying she broke our marriage and now its unfixable, I requested marriage counseling but she wouldn't have it. she kept seeing the guy behind my back all this time even though she said it was just a Fling and meant nothing. fast forward she files divorce, and I just gave up trying. Ok, so the ink is not even dry on our divorce decree and she files for a K1 right away. I thought about just letting this go. But I still think this selfish ### is taking advantage of the situation. Sure, it could be real love or whatever but you don't destroy someone with lies and deception and still be considered a quality candidate for a green card. I have records of his messages , planing and telling my wife to divorce me. All the while flying back and forward to Europe with automatic 90 tourist visa. See he was literally telling my wife to divorce me and he will get a job here and be happy because they are so perfect for each other, you know the whole soulmate bs. He was lying to immigration officers on tourist intent everytime he flew during that time. He was not here on tourism , I have proof his intent was to seduce my wife and get a job here after getting her to divorce me. obviously you need a green card for that. At this point I'm indifferent, I tried the best to save my marriage. still I feel I should tell immigration, is this lawful ? will immigration even care and treat me like a spiteful ex-spouse? or forget this and let the selfish ### get away helping to destroy my marriage and a green card to boot?

So your wife is now a US citizen?? Because if she's just a green card holder, she can't file K1. Sorry to ask; it's just not that clear from your post and these details help contextualize the situation. That way, we can give more specific advice. 

 

If she is a US citizen, then she is allowed to file K1. But given what you've written about her boyfriend, he sounds very sketchy. Wouldn't be surprised if he leaves her after getting the green card or citizenship. 

 

You are free to call USCIS and tell them what you know. But it's very difficult to say if they'll initiate an investigation. Any criminal investigation needs to be approved by all levels of the institution before officers can actually act on it. If it were me, I'd at least call USCIS because that's pretty damning stuff you've got. But I'd also let go of any expectations of an investigation. USCIS will not communicate with you about the details and status of a fraud investigation.

[joefannin 1]

To answer some of what was asked, we were both US citizens. Married over 5 years and yes she filed for a fiance visa.  I never confronted the guy, think it was for the best as I probably would have done something to regret.  But his moral views leave a lot to be desired as in my view he took advantage of a vulnerable person, I tried to see it as a sickness since she was suicidal and was afraid to make her mental state even worse. Still plenty of people get depressed and don't go having affairs, it is in the end nothing but pure selfishness.

 

J

[TBoneTX 45,319]

If you have objective evidence, preferably concrete (written/printed) evidence, of fraud, get an InfoPass appointment when USCIS offices open again, and hand it over to the FDNS officer.  Then your job is done.  It's frustrating but true that you won't hear anything thereafter, but at least you'll have done all that you could.

[Letspaintcookies 2,310]

On 8/11/2020 at 2:21 PM, joefannin said:

He was lying to immigration officers on tourist intent everytime he flew during that time. He was not here on tourism , I have proof his intent was to seduce my wife and get a job here after getting her to divorce me. obviously you need a green card for that. 

First things first I'm very sorry for everything that has happened but having an affair is ok to do on a tourist visa. Applying for jobs is also ok. So unless you have proof of him planning on staying and working without a propper visa it's not worth wasting any more thoughts on this guy.

[pablo2752 106]

Oh man, I am not married or anything so I don't think I can help feel your wound...but all I have to say is that you need to let go of it, maybe find new hobby, socialize more often with your friends, and maybe find a new love because from the looks of it, this whole situation is miring YOU in the depression. 

 

As for your ex filing K1 for this european guy, unfortunately you can't just call USCIS/ICE to deport or deny someone a visa/status because they have much bigger fish to find (i.e. routine visa frauds, high profile criminal etc)and your ex's boyfriend isn't one. And honestly, none of the stuff that happened between your ex and her BF doesn't seem to exactly tick boxes for denying visa(although it can happen), so do what you can - report to USCIS with the evidences you have, but don't expect theatrical justice. Even if they do investigate and find that guy inadmissible for any reasons, the chance is that your ex won't get much punishment. 

[debbiedoo 2,339]

what are you going to tell them? that they had an affair and lied to YOU? they can travel on a tourist visa. neither one stayed anywhere they shouldnt. having an affair, while immoral, is not illegal in most states.

 

move on.