visa marriage fraud

[almaty 19]

Even as the Senate and President Bush on Thursday were compromising on a proposal to restrict the number of foreigners allowed to remain in the USA, one point was overlooked: There are no limits on foreign spouses.

If you can marry a U.S. citizen or legal permanent resident (a "green card" holder), you're guaranteed permanent access to the USA.

More foreigners gain U.S. residency through marriage than any other way, Department of Homeland Security data show. Marriage-based immigration accounted for 37% of all legal immigration in 2004, more than refugees and asylum seekers and employment-based immigrants combined.

Yet, Congress and the Bush administration have been so focused on border fences, guest-worker or amnesty programs that marriage-based immigration fraud has largely gone unnoticed. Immigration officials described fraud as rampant in a 2002 GAO report. Marriage fraud accounted for approximately half of all immigration fraud cases, the agency reported.

Marriage-based immigration has clear advantages:

A foreigner who marries a U.S. citizen can gain citizenship after two years rather than the usual five-year waiting period.

Cases of marriage fraud are rarely exposed. Homeland Security says it completed investigations of only 1% of marriage-based green cards in 2004.

A foreign-born spouse can apply for a green card after two years. Once approved, he or she can begin sponsoring other family members to come to the USA.

"Marrying a U.S. citizen is one of the easiest ways to stay in the United States once within the country's borders," said Janice Kephart, former counsel to the 9/11 Commission, in a 2005 report.

Kephart raises another caution about marriage fraud. After inspecting immigration files, she discovered numerous instances of immigration and marriage fraud by suspected foreign-born terrorists operating in the USA from the early 1990s to 2005.

Of the 36 suspected terrorists who obtained green cards or U.S. citizenship in the report, half acquired this status by marrying an American — 10 of them entering sham marriages. Kephart's report was for the Center for Immigration Studies, a think tank based in Washington, D.C., that promotes tighter immigration controls.

The DHS needs to investigate more immigrant marriages, and Congress should consider lengthening the time required for foreign-born spouses to gain a green card and citizenship. If the love is real, a marriage surely will last a little longer.

[Jenn! 918]

If the love is real, a marriage surely will last a little longer.

####### is that supposed to mean??

[w¡n9Nµ7 §£@¥€r 123]

A foreigner who marries a U.S. citizen can gain citizenship after two years rather than the usual five-year waiting period.

Three years, not two.

[Cassie 8]

I love it that they are bringing it up now....it's only been a problem since when? Forever?

Everyone can get their knickers in a knot about the whole amnesty issue -- but THIS is what is really bogging down the system and process that we have to go through.

[Sister Fracas 5]

If you can marry a U.S. citizen or legal permanent resident (a "green card" holder), you're guaranteed permanent access to the USA.

Oh really....guaranteed, huh??? And no one gets denied, huh? This reporter didn't do their homework.

A foreigner who marries a U.S. citizen can gain citizenship after two years rather than the usual five-year waiting period.

Two years, huh???? Oh really?

The DHS needs to investigate more immigrant marriages, and Congress should consider lengthening the time required for foreign-born spouses to gain a green card and citizenship. If the love is real, a marriage surely will last a little longer.

hang on folks....it ain't gonna get easier methinks. and hmmmm, all these illegal applications that are going to be processed...they won't affect our cases at all...right???

[w¡n9Nµ7 §£@¥€r 123]

If the love is real, a marriage surely will last a little longer.

####### is that supposed to mean??

It means, if one loves their spouse as much as they say they do, they can stay apart. It may hurt, but the point is valid.

Edited April 10, 2006 by Agent Smith

[Carola 0]

The DHS needs to investigate more immigrant marriages, and Congress should consider lengthening the time required for foreign-born spouses to gain a green card and citizenship. If the love is real, a marriage surely will last a little longer.

Are they crazy???, I just don't agree with that!... I'm not interested in citizenship... but I want my green card now!!! I want to be a person again! and My love is real!

[Sister Fracas 5]

If the love is real, a marriage surely will last a little longer.

####### is that supposed to mean??

Yeah...."last a little longer".......eh?

How much longer is for the rest of my life, till death do us part????

[Jenn! 918]

If the love is real, a marriage surely will last a little longer.

####### is that supposed to mean??

It means, if one loves their spouse as much as they say they do, they can stay apart. It may hurt, but the point is valid.

I don't really think that the point is valid.

The reasoning is then, make them wait, the frauds will give up? The real ones will wait it out?

(not the best way to weed them out IMHO)

[Kez/JWolf 6]

I think it will be time for us all to become illegals..... very soon

looks like they will get better treatment than us....

Kezzie

[mercuryroad 0]

Wow.....now the tune has changed on this forum.

The anti-illegal immigrant issue always has the danger of spilling over to all immigrants. This is just one instance but I think we could see more. The American public does not have enough knowlegde (or sympathy for that matter) of what we have to go through.

Let's hope anti-illegal immigrant doesn't turn into anti-immigrant.

[Sister Fracas 5]

Let's hope anti-illegal immigrant doesn't turn into anti-immigrant.

[Carola 0]

Let's hope anti-illegal immigrant doesn't turn into anti-immigrant.

Good point.

[w¡n9Nµ7 §£@¥€r 123]

It means, if one loves their spouse as much as they say they do, they can stay apart. It may hurt, but the point is valid.

The reasoning is then, make them wait, the frauds will give up? The real ones will wait it out?

(not the best way to weed them out IMHO)

Yes that's the reasoning. Marriage fraud comes in two forms. One way fraud and two way fraud.

In one way fraud, the alien dupes the USC into a relationship and a visa petition. Lengthy delays are not, IMHO, likely to affect this form of fraud since the delays will be systemic and the alien will know he or she won't do much better with a different USC.

In two way fraud, there is usually some form of monetary reward for the USC in exchange for a visa petition. The reward is usually made once the final visa is issued. Systemic delays are more likely to break up relationships of this kind since the longer the government makes them wait, the less profitable the endeavor gets. And if the USC's were to raise their asking price high enough to make it worth it, they're likely to face less demand for their services overseas.

[zyggy 9]

Wow.....now the tune has changed on this forum.

The anti-illegal immigrant issue always has the danger of spilling over to all immigrants. This is just one instance but I think we could see more. The American public does not have enough knowlegde (or sympathy for that matter) of what we have to go through.

Let's hope anti-illegal immigrant doesn't turn into anti-immigrant.

The point does have some merit... a lot of the fraudulent AOS stuff takes place from tourist adjustment cases. If they just closed that loophole, I think you would see the numbers of fradulent marriages significantly decrease.

At add to the Agent's post, a tourist adjustment is relatively quick way to get it.. if you forced these people to have to go back and get a visa, the amount of fraud this way would decrease... the genuine people would be more than willing to get it...

Edited April 10, 2006 by zyggy