How to withdraw a joint aos and request a fraud claim on a removal of conditions

[TBoneTX 45,763]

2 hours ago, Ontarkie said:

someone in the fraud department

The FDNS officer (at the USCIS office).

[SalishSea 18,003]

2 hours ago, JonSeattle said:

 

This is an interesting article citing a lot of precedents: http://www.i-864.net/suing-on-the-i864-affidavit-of-support My point was that when one side starts bringing serious accusations, you can expect that the other side might well respond.

 

Here is another set of cases where an accusations of immigration fraud were met with counter-claims of abuse or smear campaigns.

https://cis.org/North/Victims-MarriageRelated-Immigration-Fraud-Tell-Their-Stories

 

In a lot of these cases, it seems that the hopeful immigrants are putting forward a lot of money to make the transaction happen, so apparently they are not always impoverished.

The point being made though is that the USC's status is not the one in question, and barring having done anything actually illegal (like knowingly entering into a fraudulent marriage, for money), in this particular situation, he has much more to lose.

[replaysports 41]

17 hours ago, pepper44 said:

Hi there, 

I've been married for 3 years. I recently found out that my husband lied on the initial I-129 form by not indicating he had a child while him and I were in the VISA process. I then recently found out he has been having an ongoing relationship with another woman in his home country that is now pregnant again. This is the woman he just got out of a relationship with when we met.. or so I thought. It seems he has been with her the entire time. He has probably lived in his home country more than he has lived here in the USA during the 3 years. 

 

I found out about all this last month, and kicked him out of my house. Now he is demanding his green card. It seems he plans to have her come here once his Removal of Conditions is complete. I am not worried about that because he has not worked a single job while here. 

 

I know the Removal of Conditions is his petition and there isn't much I can do but he is still on the extended 2 year green card that I am the beneficiary. 

 

I am looking for guidance on what is the best route to take. I've read that I can submit a fraud claim online, but is there anything I can send in with my evidence of the false information he put on the original K1 application and then again on the AOS application by not including this other child, which would have clearly shown he was not committed to me because the child was born in July 2016 and our interview for him to arrive here was in November of 2016. 

 

We also had an initial k1 visa from 2015 that was denied because I was not present. So it's not like we were not together. He had his BIO appointment for the I-751 in Feb. 2020 and left the states in March 2020 and returned last month. So he was gone for 9 months and then when he returned because he knew he would lose his status if he stayed out of the country for a year. this is when I found all of this out. 

Keep seeing this more and more... so sad, and people say immigration fraud is made up...

[JeanneAdil 6,603]

Was he married to the woman in his home country?

 

[Unlockable 7,315]

2 hours ago, replaysports said:

Keep seeing this more and more... so sad, and people say immigration fraud is made up...

I don't know who says that, but this section of the forum is full of stories like this going back years. Most members on this forum are very well aware that fraud happens frequently.

[pepper44 18]

I recently obtain chat records for the past 3 years with this other woman as well as photos of the kid but no birth certificate. I can always try to request it from the Cuban Embassy to show proof his name is on the BC, but I do have photos of him with the child as well as messages from the mother, about her knowing he was with me and he was living with her while he was going through the VISA process. 

I've noticed in one of the facebook posts this woman made that she is wearing a wedding ring and changed her status to married but nothing more than that. It is difficult to get Cuban documents since there are no ties to Cuba, but I am trying to see if I can locate a marriage certificate as well. 

 

Trust me if I had known this I would not have signed up for this marriage or helped him obtain a green card. He also sent me a text last week stating his demands for the government refund money (which he never worked a day while living here) and that I need to give him his green card that is pending (which I do not have because it is not approved yet). He has his 2 year conditional green card with him but it has expired, he has an extension for 18 months which will come due in August 2021. 

 

I do not care to deport him, or sue him. I just want the USCIS to know the false information he put on the initial BIO packets not disclosing another child, and I want them to put that into consideration for the ROC, as well as all the times he has not resided in the USA with me his wife. He has been living in Cuba most of the time during the 3 years. Then they can decide if they want to approve his green card or not. 

 

[AA1 4]

On 1/5/2021 at 9:26 AM, pepper44 said:

I recently obtain chat records for the past 3 years with this other woman as well as photos of the kid but no birth certificate. I can always try to request it from the Cuban Embassy to show proof his name is on the BC, but I do have photos of him with the child as well as messages from the mother, about her knowing he was with me and he was living with her while he was going through the VISA process. 

I've noticed in one of the facebook posts this woman made that she is wearing a wedding ring and changed her status to married but nothing more than that. It is difficult to get Cuban documents since there are no ties to Cuba, but I am trying to see if I can locate a marriage certificate as well. 

 

Trust me if I had known this I would not have signed up for this marriage or helped him obtain a green card. He also sent me a text last week stating his demands for the government refund money (which he never worked a day while living here) and that I need to give him his green card that is pending (which I do not have because it is not approved yet). He has his 2 year conditional green card with him but it has expired, he has an extension for 18 months which will come due in August 2021. 

 

I do not care to deport him, or sue him. I just want the USCIS to know the false information he put on the initial BIO packets not disclosing another child, and I want them to put that into consideration for the ROC, as well as all the times he has not resided in the USA with me his wife. He has been living in Cuba most of the time during the 3 years. Then they can decide if they want to approve his green card or not. 

 

If you are separated and he doesn't live with you, don't do anything for him. You can answer to his text, you are separated and go for divorce therefore you will not do anything about his documents, it's his own responsibility from now. Any mail coming to your address (including from USCIS), do not open it and send it back with writing on top: this person doesn't live here. File for divorce and move on.

 

And also make a letter about him lying to US government to The FDNS officer (at the USCIS office), add any of his writing about his kids, his women telling you, him confirming and send it to The FDNS officer (at the USCIS office). As a USC it's your duty to tell about immigration fraud. Don't expect USCIS answering to you about it but they will have it in his file.

Edited January 11, 2021 by AA1
typo errors

[Villanelle 4,122]

@pepper44

 

Have you submitted anything to FDNS yet? If/when you do please consider updating the forums with your experience. This particular topic is of interest to me for a few reasons and I know I am not the only one who would be eager to hear what transpires. 

 

If you havent submitted anything yet here is some general advice:

 

Send your 'fraud package report' to the service center you sent the ROC (addressed to service center in general) and to the local office (attn FDNS as they work out of the local offices). Keep a copy for yourself as well. Get tracking numbers. You most likely will NOT get any kind of receipt or acknowledgement of the mailing so you want a tracking number to be sure it was received. You can and should notarize your statement if possible. 

 

Submitting a fraud report is a separate issue from withdrawing from the joint ROC although you can do that simultaneously. Currently there is a joint ROC pending. You can withdraw from it by simply writing a letter stating you wish to do such. When you send such a letter its typically received by the mail room and simply placed in the A file (mailroom workers only open mail- they dont take any action on cases). An Officer would then see the letter in the file when they get to it. Sometimes it can take a while for them to get to it, other times the addition of your letter to their file bumps it up and its worked on faster. But once the Officer sees it they typically send an RFE advising the immigrant the joint petition has been withdrawn and asking them for proof of divorce to switch to a waiver. In some cases they skip that bit of courtesy and simply send a denial for the joint 751 (in which case the immigrant has to refile the 751 as a waiver). Theres no way to know which way they do it.

 

In general try to write your fraud letter in an objective fashion. Obviously this is an emotional issue for you but you want to keep your emotions out of it and focus on presenting the facts. Any evidence or documents you can present should be included. USCIS does not accept digital evidence like CD roms or flash drives. Pictures need to be printed out and include information on them (underneath) of date/time/people shown/etc. If there is anything in a video format you would write a sworn affidavit describing its contents and it can be helpful to have someone else do the same. Ideally someone who has a profession requiring GMC like a priest/attny/dr/law enforcement officer. 

 

The FDNS officer that ultimately gets your report will investigate as they see fit and can contact you if they choose to. Sometimes they do but in most cases they dont. If they do contact you its a good sign they are taking action although you shouldnt assume they arent taking action because they didnt contact you. If they do contact you they will NOT give you any specific information. 

 

You can attempt to include the wording of fraud in the divorce. In order for it to have an impact though it must be in the final decree (granted based on fraud) anything else is just disregarded as accusations in negotiations. If your local family court is unwilling to grant a divorce based on fraud then the next best thing would be based on infidelity/child out of wedlock as that can support he did not enter the marriage in good faith. As mentioned earlier in this thread Cubans have options to adjust outside of the family based process but unfortunately I am not that well versed in the CAA to know if any of what you are reporting would bar him under CAA though.  

 

[Boiler 45,813]

Well he can not be deported so wonder how much interest  there would be in doing very much about this,assuming there is evidence etc etc.

[TBoneTX 45,763]

12 hours ago, Villanelle said:

You can and should notarize your statement if possible.

Good idea for pepper44, but she should be aware that notaries notarize signatures, not documents.  Therefore, rather than trying to notarize the fraud statement, she should write an affidavit ABOUT the fraud statement and have a notary notarize her signature on that.

[pablo2752 106]

On 1/3/2021 at 9:11 PM, JonSeattle said:

If you file of claim of fraud against him, you are going to be exposing yourself to a lot of risk if he starts lying in his defense. From the information in your post, it could be that he just changes his mind a lot, and he could potentially dig up or even fabricate some communication that casts you as being to blame for that. The best thing is to get him into a position where he abandons his green card and agrees to a divorce. If you feel that you have iron-clad documentation, then see a lawyer about suing for fraud.

I am yet to see any significant case where a US citizen got in trouble for marrying a fraud, much less in a mutual fraud case.