immigration fraud victim (IAM US Citizen)

[RightClicK 17]

Woooow..Nice stories , Who is the director ?

Sam

[Kathryn41 3,205]

One thing to consider - it may be difficult to prove she is guilty of immigration fraud if this was an arranged marriage. Her parents and your parents were the ones who put together this marriage, and while her parents may also be involved in immigration fraud, you are basically saying 3 people worked out this plan and fooled you and your parents. Your wife was with you for nearly 10 months before she left, and while she may have seen it as an opportunity to come to the US, it will be difficult to prove that was her main motivation - that she never intended to stay in the marriage. The marriage was not considered a love match to begin with since it was a planned marriage. Your father's post suggests that there was someone else back in Pakistan, but then also states that she suffered from culture shock, homesickness and unfulfilled expectations. A case can honestly be made that she was just so unhappy in her marriage and found she just could not adapt to her new situation. While she may not be able to prove claims of abuse, it is possible that she actually feels like she was abused. Her parents would most likely support her if they felt she was unhappy and had made a mistake so that is not unreasonable. It could be a well planned out case of immigration/visa fraud - or it could be an unhappy woman deciding to leave a marriage that wasn't working for her. Your father makes reference to an 'affair' with the man back in Pakistan, but there is a long distance between the two countries. It is debatable whether 'keeping in touch' is considered an affair, or if there is more to the matter than that. An affair would provide good grounds for divorce, but not for proof of immigration fraud. It will be difficult for USCIS to determine she has committed visa fraud, unless you are able to provide clear cut evidence to that effect.

It sounds like all she wants from you is to get her green card back - which you currently have in your possession - and spousal support (also from your father's post elsewhere on VJ) so she can live on her own.

Since you are no longer interested in keeping the marriage afloat the best advice for both of you is to get divorced. She can apply for her 10 year card on her own; she doesn't need VAWA to do it, although she may be thinking that she does. I think it is very unlikely that you will be able to get her green card revoked and it will be cheaper and easier in the long run if you just 'cut your losses' and don't worry about trying to get her out of the country,

Edited September 30, 2010 by Kathryn41

[n2100s 7]

One thing to consider - it may be difficult to prove she is guilty of immigration fraud if this was an arranged marriage. Her parents and your parents were the ones who put together this marriage, and while her parents may also be involved in immigration fraud, you are basically saying 3 people worked out this plan and fooled you and your parents. Your wife was with you for nearly 10 months before she left, and while she may have seen it as an opportunity to come to the US, it will be difficult to prove that was her main motivation - that she never intended to stay in the marriage. The marriage was not considered a love match to begin with since it was a planned marriage. Your father's post suggests that there was someone else back in Pakistan, but then also states that she suffered from culture shock, homesickness and unfulfilled expectations. A case can honestly be made that she was just so unhappy in her marriage and found she just could not adapt to her new situation. While she may not be able to prove claims of abuse, it is possible that she actually feels like she was abused. Her parents would most likely support her if they felt she was unhappy and had made a mistake so that is not unreasonable. It could be a well planned out case of immigration/visa fraud - or it could be an unhappy woman deciding to leave a marriage that wasn't working for her. Your father makes reference to an 'affair' with the man back in Pakistan, but there is a long distance between the two countries. It is debatable whether 'keeping in touch' is considered an affair, or if there is more to the matter than that. An affair would provide good grounds for divorce, but not for proof of immigration fraud. It will be difficult for USCIS to determine she has committed visa fraud, unless you are able to provide clear cut evidence to that effect.

It sounds like all she wants from you is to get her green card back - which you currently have in your possession - and spousal support (also from your father's post elsewhere on VJ) so she can live on her own.

Since you are no longer interested in keeping the marriage afloat the best advice for both of you is to get divorced. She can apply for her 10 year card on her own; she doesn't need VAWA to do it, although she may be thinking that she does. I think it is very unlikely that you will be able to get her green card revoked and it will be cheaper and easier in the long run if you just 'cut your losses' and don't worry about trying to get her out of the country,

Well first of all she already has the GreenCard, during our trial dates she came with a court officer to pick up her belongings and her greencard. And then our lawyer during the trial made her admit and I have the court transcript which I am sending to ICE as well and he made her admit in quote that " I WANT TO LIVE IN THE USA INDEPENDENTLY WITH MY GREENCARD RETURNED TO ME". The affair she had is a different thing and yes I have already told the lawyer and we know this is not grounds for immigration fraud. But the statements she made in court, demanding a apartment, and green card in that 2 yr protective order, Which the JUDGE DISMISSED since she had no evidence of abuse against her. And no she has not demanded spousal support yet, its been 2 months since the trial is already finished and case closed. Nor has she filed for divorce yet because it is a fact that it is difficult for her to get an extended greencard without me since she has no base for her useless case. But I am filing for divorce asap so she is on her own, and I am submitting all the documents, court transcript, police report of theft charges against her for stealing my moms jewelry and affadavit letters of support from family friends and neighbors who knew how was our relationship. Also her 200 page journal of love notes she wrote to me everyday even the night before she ran away. So Good Luck to her....

[Kathryn41 3,205]

I don't read her written statement "I want to live in the US independently with my green card returned to me" as an admission of committing immigration fraud. What she is admitting to is she no longer wants to be married and wants to have her green card in her possession, She has it now because she was escorted by a court official to reclaim it from you, but you had it until she was able to get it back during the court hearings. There is nothing in that statement that indicates she committed visa fraud. If she had said 'I only wanted to get married to get a green card and live in the US" that would be an admission of visa fraud. It sounds like she is saying she doesn't want to be married anymore.

I interpolated her request for an apartment to mean she wants you to support her financial needs to live on her own. That is generally covered under spousal support when you get to the divorce stage.

As I said, yes, it is a good idea to proceed with the divorce but I think you will have a hard time proving immigration fraud. The theft of your mother's jewelry is definitely a different matter.

Edited September 30, 2010 by Kathryn41

[n2100s 7]

I don't read her written statement "I want to live in the US independently with my green card returned to me" as an admission of committing immigration fraud. What she is admitting to is she no longer wants to be married and wants to have her green card in her possession, She has it now because she was escorted by a court official to reclaim it from you, but you had it until she was able to get it back during the court hearings. There is nothing in that statement that indicates she committed visa fraud. If she had said 'I only wanted to get married to get a green card and live in the US" that would be an admission of visa fraud. It sounds like she is saying she doesn't want to be married anymore.

I interpolated her request for an apartment to mean she wants you to support her financial needs to live on her own. That is generally covered under spousal support when you get to the divorce stage.

As I said, yes, it is a good idea to proceed with the divorce but I think you will have a hard time proving immigration fraud. The theft of your mother's jewelry is definitely a different matter.

When the evidence of the 800-1000 pictures of us together in a loving romantic poses, videos from our honeymoon and family events together, and 10 months of a happy marriage, love notes and text messages from her, and written affadavit letters from neighors and friends who knew us as a couple and how loving our married life was, and then all of a sudden leaving for no reason and building false charges and then having all those charges dropped and dismissed. THAT IS A BIG PROOF OF FRAUD, but she was dumb that she did not know her GC was temporary otherwise she could have played this game a little late, any how her bad luck and I am lucky I found out her real intentions early and thats why I am taking this case to ICE and local law enforcement. The theft police report I already have and will be submitting it with the packet to ICE and my lawyer is preparing a case for immigration fraud against her so lets see. Nor she has asked for divorce or nor she has asked for spousal support, because she knows she has nothing to lay a platform on her applying for the extension of her green card alone so thats why she is avoiding divorce. But I am doing that asap and working with my immigration attorney.

[Bobby+Umit 161]

Devil's Advocate here:

Nor she has asked for divorce or nor she has asked for spousal support, because she knows she has nothing to lay a platform on her applying for the extension of her green card alone so thats why she is avoiding divorce

You know - just the act of "withholding" her greencard, when she asked for it's return, and then having to get a court order against you, in order to get it, can be grounds for a VAWA claim, without any "physical" abuse occurring.

Your not allowed to hold her greencard, it's her property. One of the reasons VAWA was introduced was to prevent the USC from controlling the immigrant via immigration status.

Your stacks of photos and other happy notes don't equal fraud, why?

Foremost reason - Things change - something (one event - only have your side of the story, yada yada yada) could of happened, and that would been good enough for her to go for divorce, and remove conditions herself. (BTW - all that evidence you mentioned would be sufficient to show the marriage was entered in good faith - and be sufficient for her to remove conditions herself after divorce).

The theft? Could be that you not only held her greencard, but didn't give her any support (monetary), so she needed something to get out of the abusive relationship. A good lawyer would make that defense.

my lawyer is preparing a case for immigration fraud against her so lets see

Only the US Government can pursue a case of immigration fraud - you can provide them evidence, I will assume that is what you meant.

If she has a lawyer that is pretty sharp, you will need your lawyer I would think.

_______

[n2100s 7]

Devil's Advocate here:

You know - just the act of "withholding" her greencard, when she asked for it's return, and then having to get a court order against you, in order to get it, can be grounds for a VAWA claim, without any "physical" abuse occurring.

Your not allowed to hold her greencard, it's her property. One of the reasons VAWA was introduced was to prevent the USC from controlling the immigrant via immigration status.

Your stacks of photos and other happy notes don't equal fraud, why?

Foremost reason - Things change - something (one event - only have your side of the story, yada yada yada) could of happened, and that would been good enough for her to go for divorce, and remove conditions herself. (BTW - all that evidence you mentioned would be sufficient to show the marriage was entered in good faith - and be sufficient for her to remove conditions herself after divorce).

The theft? Could be that you not only held her greencard, but didn't give her any support (monetary), so she needed something to get out of the abusive relationship. A good lawyer would make that defense.

Only the US Government can pursue a case of immigration fraud - you can provide them evidence, I will assume that is what you meant.

If she has a lawyer that is pretty sharp, you will need your lawyer I would think.

_______

The property she has gotten ( GC) its because of ME and that is a fact, now how to prove that she used me to get the GC well, my lawyer and the immigration will decide that. If she feels the way your stating above she should file for divorce the by now its coming close to 3 months since the trial ended. She admitted in court that yes I took the jewelry. Whatever the VAWA rules say, she needs PHYSICAL AND SOLID EVIDENCE OF ABUSE against her, which unfortunately she does not have, 2 JUDGES did not believe her in court, one for the 2 YR PROTECTIVE ORDER and ONE for the ASSAULT CHARGE. So she could not prove it there, what chance she has to provie infront of a Immigration Judge. We all have our opinions and we think we know alot, but its up to the Immigration officials to decide, we can just give them the facts that we have. The theft issue, ur talking about does not make sense at all, theft is a theft and under the 2 yr conditonal GC it is against the law that if you commit a crime which in this case is considered a FELONY, because the jewelry values over 6,000 dollars that is automatic grounds for not getting permanent legal status. But that will be presented to ICE next week when I go. Thank you for your opinion.

P.S. BY THE WAY SHE NEVER HAD ANY COURT ORDER AGAINST ME.... She just came with a cop to get her belongings in which she asked for the GC while she was taking her stuff. There was no document stating me to give her GC, I had it because we lived together in a joint family system and it was kept in a safe place with all of the families important documents.... And second the evidence that I mentioned the notes, and pictures. She has none of them with her since she ran away like a thief taking only jewelry. She does not have one thing that has me and her together.... SO GOOD LUCK TO HER, nobody is gonna believe false statements of hers just like nobody did twice in court....

[belinda63 3,047]

BUT she can obtain the 10 year green card by showing she entered the marriage in good faith. With the photos and affidavits you have previously mentioned it appears she was really a part of the marriage and something happened later to make her reconsider the marriage. JUST because she asked you to return the green card, which is property of the US government, does not mean she married you only for that.

There is a lot of he said/she said involved in this and I cannot say for certain what is truly going on I can only state what the law is.

[Boiler 46,107]

She was hardly able to live with him about nine months as she left her first love back home in Pakistan.

There seems an obvious solution.

[Sailor Moon 2]

your pile of evidence that u gatherd to proof she is froud, she can use(same evidence) as enterd marriage in good faith and get her 10 year GC..

regarding the thift of ur mom's gold:with a good lawyer she can proof the gold she took was gift givin to her by ur mom as it is very common in pakistn that mothers save some of her gold to be her gift and memory to daughter inlaw.

if she did not take any evedince of entering the marriage in good faith she can always come up with some pic of you and her from friends and her own family that she may have sent while she was living with you, the notes and texts u have she may have them in her cell as well..she got her GC through you does not entitle you to any thing just like you got ur GC through some one els,

my thoughts for you is divorce and move on with you life forget about REVENGE

[n2100s 7]

your pile of evidence that u gatherd to proof she is froud, she can use(same evidence) as enterd marriage in good faith and get her 10 year GC..

regarding the thift of ur mom's gold:with a good lawyer she can proof the gold she took was gift givin to her by ur mom as it is very common in pakistn that mothers save some of her gold to be her gift and memory to daughter inlaw.

if she did not take any evedince of entering the marriage in good faith she can always come up with some pic of you and her from friends and her own family that she may have sent while she was living with you, the notes and texts u have she may have them in her cell as well..she got her GC through you does not entitle you to any thing just like you got ur GC through some one els,

my thoughts for you is divorce and move on with you life forget about REVENGE

She cannot get it easily and thats a fact, she has to go through hell to prove it was good faith. And based on other members here and immigration experts, 9 months is not enough for GOOD FAITH. And 2nd, the gold she took is not a gift given to her, she took my MOTHERS JEWELRY and my mothers arms and wrists are larger than her's so there is a big difference there and she did admit in court that yes I took her jewelry thats why she has a pending police report on file. I will fight this case till the last and I know its not easy for her at all, she has to provide AMPLE OF EVIDENCE besides a simple pictures and statements. I have nothing to lose, but she does and everything is already forwarded to ICE, and they have a case number on her as well. The rest my lawyer will take forward. ONCE AGAIN IF U READ MY FIRST THREAD, IF 2 JUDGES IN CIRCUIT COURT DID NOT BELIEVE HER, there is no guarantee that the IMMIGRATION JUDGE will believe her story as well. ANYONE CAN MAKE STATEMENTS, YOU MUST BACK THEM WITH EVIDENCE TO GET RESULTS, THATS HOW IT WORKS IN THE USA.... She is used to the corrupt culture and atmosphere like back home in Pakistan and thats why she has ended up where she is today....

[Darnell 8,479]

at this stage,

I suggest, strongly, that you work up a casefile of evidence for fraud

then when yer ready, (20 pages, 10,000 words later, plus 50 pages of evidence ) -

submit it to ICE.

They most likely will not act on it immediately -

but they WILL make entries INTO the system.

That system is checked when

--she comes into USA, at the POE

--she files for Removal of Conditions

so , for you, it's gonna be a 'slow burning fuse' - the explosion (on her) will not be so immediate.

Take some time, now, write up stuff for ICE. Have others review it (not here on VJ, btw) , get other inputs, as well.

Good Luck !

[Boiler 46,107]

Note the need for evidence.

[justashooter 430]

Note the need for evidence.

moving forward with the divorce and with the theft charge will be your best move from this point. the divorce will force her to apply for a removal of conditions, and the theft conviction will prevent that from occuring. be sure to keep USCIS advised of the ongoing divorce and criminal case, alwasy making note of the relationship between them.

[nane1104 146]

I think we all understand that you are hurt by her actions but I think you should let go.

She has no real grounds for a VAWA claim IMO, so she can try to get the 10 year GC with a waiver. If the evidence she will have to submit is not enough, then she is in trouble but that is not longer your problem by then.

You keeping her GC- I am not sure why you are so hung up on that. All she had to do was get a replacement card for it, she didn't even have to ask you to give it back to her.

Let it go, man. Cut your losses, move on and find a woman who truly loves you and you truly love her.