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Author Topic: Marriage scam ring?  (Read 6232 times)

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Offline aikorob

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Marriage scam ring?
« on: April 18, 2008, 04:05:49 AM »
I came across this on the CNN site this morning



http://www.cnn.com/2008/CRIME/04/17/navy.brides/index.html
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Offline ambach123

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Marriage Fraud
« Reply #1 on: April 18, 2008, 04:11:03 AM »
Here is a news item, I thought it would interest everyone.

http://www.cnn.com/2008/CRIME/04/17/navy.brides/index.html

In essence, federal authorities have arrested 33 couples in eight states, including New York, Ohio, Pennsylvania, Georgia and California, and charged them with marriage fraud.

The women were from Russia and Ukraine.

How did these women get here?

I am sure there would be attempts in the Congress to regulate such marriages. One thing the Homeland Security has already done; I am told that they have delayed the Green Card for up to ten years from foreign marriages.

I think there would be laws passed along those lines to discourage sham marriages.

Offline BC

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Re: Marriage Fraud
« Reply #2 on: April 18, 2008, 04:25:15 AM »

How did these women get here?



Quote
The women, most of whom are from Russia or Ukraine and had arrived on work or student visas, got a fast track to citizenship.

Offline ambach123

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Re: Marriage Fraud
« Reply #3 on: April 18, 2008, 06:14:40 AM »
I did not know that they were still giving out work or student visas to RW.

Offline roykirk

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Re: Marriage Fraud
« Reply #4 on: April 18, 2008, 06:34:23 AM »
I did not know that they were still giving out work or student visas to RW.

Where did you hear that they had stopped?  I know of at least three RW in our local university that are here on a student visa.  Go over to EM and look through their listing of RW who live in the U.S.  There's quite a few of them who are college students here who came over on student and work visas. 

Offline William3rd

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Re: Marriage scam ring?
« Reply #5 on: April 18, 2008, 07:21:28 AM »
Tip of the iceberg.

The Russians are known as cheapskates in the false marriage arena. Chinese pay the best.

Russians in this case just got the sailors a marriage allowance while defrauding the US govt. So these cheapasses didnt pay a damn thing but maybe the sailor got something extra on the side from his "wife." Notice the one found with her BF-BF wasnt processing her so probably a green carder or another alien.

Russians try to get away with only paying about 8k for an arranged marriage; Chinese may pay up to 50K-definitely no sex.

Offline BillyB

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Re: Marriage scam ring?
« Reply #6 on: April 18, 2008, 08:44:26 AM »
Chinese may pay up to 50K-definitely no sex.

I know some people who know some people who know some people who are looking for a single man/woman to make $50,000 to marry Chinese man or woman. Some Americans will marry Chinese every few years to get that $50,000.
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Offline Ronnie

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Re: Marriage Fraud
« Reply #7 on: April 18, 2008, 01:12:40 PM »
Overall, I think the present laws and system of interviews do a fairly good job of weeding out marriage fraud.  The arrests you mentioned are evidence that the system is working.  Fraud is one of those things that must be caught after the fact..it's pretty difficult to pre-empt it.

I'm totally unaware of any attempt by USCIS to delay green cards due to marriage.  The law already puts a two year condition on marriage related green cards as we know.
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Offline Jet

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Re: Marriage Fraud
« Reply #8 on: April 20, 2008, 07:50:19 AM »

I'm totally unaware of any attempt by USCIS to delay green cards due to marriage.  The law already puts a two year condition on marriage related green cards as we know.


In this part of the country you can get really lucky and snag a greencard within the first two years, but it's uncommon no matter what your filing status is. Most people we've talked to in Miami area wait anywhere from 6 to 11 years to get the initial greencard issued. We keep hearing that it's changing with the collection of new fees, but have seen no evidence so far.
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Offline William3rd

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Re: Marriage Fraud
« Reply #9 on: April 20, 2008, 09:38:20 AM »
We had a 3 year backlog here for GC throughout the 90s. Now they are at a year or less.

As to fraud- they CATCH about 13% of all filings in some areas. I believe that actual number of fraudulent cases are closer to a third of all filings.

I mean- you havent lived until you watch a couple come out of an interview with their lawyer and boxes of documents and see the "wife" say "thanks", shake the "husband's" hand and then get on the elevator by herself, probably off to her BFs house for a little celebration.

Offline Ronnie

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Re: Marriage Fraud
« Reply #10 on: April 20, 2008, 12:34:44 PM »
Boy, I don't know about such high figures.  When the main thrust of the AOS interview and even perhaps to so degree the embassy interview in the case of fiancees, is to detect fraud, it would seem difficult to deceive the interviewers.  The interviewer does have the discretion to deny and is not required to prove their conclusion.

Of the perhaps scores of RW I've met in the states, I can't say that I've found any who arrived under the type of scenario discribed by Wm3rd.  My wife and I have met two who no longer live with their husbands but there is no indication that fraud was involved.

I do have a friend who brought a Thai fiancee on a K-1 but she returned of her own accord and apparently had never planned on staying..just hoping to get a financial backer for her restaurant in Bangkok.

We have met many winners of the Green Card (Diversity Visa) lottery.  I plan to write the story of one winner on my blog soon, it's an incredibly heart-warming story.  I may post it here too.
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Offline groovlstk

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Re: Marriage Fraud
« Reply #11 on: April 20, 2008, 12:42:04 PM »
I've only been to one interview (for my wife's two-year GC) so my experience is very limited. In the waiting room, we were the only couple without a lawyer. My wife got scared because the lawyers were asking questions the interviewer might ask and coaching their clients. It was almost comical hearing the lawyers ask their clients how/when they met and getting two completely different answers even though husband and wife were sitting next to each other. It was pretty obvious that there was a lot of fishiness going on.

Offline Ronnie

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Re: Marriage Fraud
« Reply #12 on: April 20, 2008, 01:21:35 PM »
A lawyer risks his license if he participates in fraud.  I think the coaching you saw was unusual and perhaps a bit of preventive maintenance. 

Couples often disagree on things or don't remember them the same way... remember the newlywed game?  As an interviewer, I would be suspicious if stories were indentical and since they are not interviewed separately, I fail to see the significance of the coaching. 

Again, the proof of fraud comes after the fact.  Have you met someone who got a green card by fraud?  I have not, though we have met many, many GC holders.

Oh, I take it back.  I have met two young men that my stepson has worked with.  One was from Mexico and his green card was counterfeit as was his social security card.  The second young man was from Moldova.  He had a friend who worked at the US consulate who told him where he could get fake documents to enable him to get a student visa.

These are not, as you can see examples of "marriage fraud." Again, I think the interview process and the training of the AOs allows very few fraud cases to slip through.  I actually think they rewarded for busting cases of fraud.

BTW, USCIS Adjudications Officers have passed a rigorous reasoning test and only those making top scores are considered for AO positions. I've seen the test and can tell you IMO the average person would not make a passing score.
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Offline Jumper

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Re: Marriage Fraud
« Reply #13 on: April 28, 2008, 11:17:55 PM »
In the case of marriage visa's ..

its my understanding that there's the
 *provisional permanent resident green card*
 and the
* permanant resident green card * (ten year card)
issued after two years of marriage
(meeting the "provisions" of the first card to assure marriage is not for immigration)


my wife got her "provisional" i ntwo weeks after arrival.

we went thru that AOS at two years ,
did all the proper paperwork, filings ,notices from friends assuring our relationship,, shared bills, other proofs of residing and living together as a marie dcouple as required..

 and she recieved the regular permanent resident card ,, after ,,,,,an interview.


Keep in mind that *if* you are still legally married and living together as a married couple.
yoiu can NOT file for AOS to permanant resident card until the 2 year mark.
(the provision in the card ,reflects that that lenght of time assures legitmacy of the marriage)


The irony of it all, is that the BSIS website clearly outlines what to do if you are a
"provisional" card holder that is no longer married and wishinfg to file for AOS.

it details how you can file this at anytime , after your first provisional card arrives..
and it shows the details, and proofs you will need.

basically if you feel you entered the marriage legitimately,
 and of COURSE not for immigration,
but your spouse proved to be abusive or otherwise...
(care to wonder a the rate of DV filings)

then you can file at anytime for AOS ,and get the ball rolling two years ahead of your fellow countrymen(women)  that ar estiol married to thier spouses.


i'm sorry ronnie, the system is rife for abuse..and it almost encourages it by its design.


if my wife had simply used me for a *mule*,
left me two weeks after her arrival,,
 filed a DV charge immediately ,
 and started her AOS,
by BSCIS records of average times to process those requests,, and the  average pass rate,,
she would have certainly gotten her permanent UNconditional ten year card issued two years sooner , than staying in a legitmate marriage with me.

heck as a couple we could have orchestrated that we wer eseperated.. ,,
 still remained together, but THEN been able to file for that ten year card , 2 year sooner ,.,
silly at best,,but reality of the system.

and you can rest assured that i told the BCIS staff my thoughts on this.


do not doubt the ineptritude of the system..
in marraige visas,,

Much less in a case where someone on a student or work visa met and married a US citizen.


the fraud cases that are caugt are so transparent ,,that they are begging to be found.
noone has the tim eor trouble to be looking for any others.

and the system is easily abused,and has weird nuiances that allow a  quickening of the
the pace of approval for the  abusers ,
and lenghthens the timeframe for the legitimate immigrant.

that is in the Chicago area,, and timelines are much faster than in other areas of the country.


it was of little concern to us,personally as we were not in any hurry..,
but it was disturbing to see how easily it could be manipulated by someone who wanted to.

.

Offline Ronnie

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Re: Marriage Fraud
« Reply #14 on: April 29, 2008, 10:05:50 AM »
Hi AJ,
Hope all is well with you and your Dnepr wife.  Iryna and I were on a cruise recently and our table server was a girl from Dnepr but also they were from the same neighborhood!  We also ran into a RW in Pompeii, Italy who lives in Moscow now but had been an acquaintance in Fremont, California.  The world seems to be shrinking!

I would like to address your comments about marriage fraud, insofar as DV charges are involved. 

Let me point out, for the sake of clarity that the the filing that is done just before the two year mark is not called "AOS" (Adjustment of Status)  As you know, AOS is filed in order to get the first green card.  The two year filing is to have the conditions removed and receive the 10 year card replacing the two year card.  In our case, since our marriage was already two years old when the card was issued, it was a 10-year off the bat.

I'm sure you also know that the agency has been known as USCIS (US Citizenship and Immigration Service) for several years now. 

I believe that the agency is VERY conscious of the abuses of the type you describe and I suggest to you that most are caught.  Officials are trained to recognize inconsistencies is the story just as good detectives are.  Further, they are tested on their innate ability see illogical situations.  If anything, it seems they are overdrilled and over sensitive to the point that they see fraud in some cases where none exists.

Despite that, some fraud still manages to slip through.  In our few months here in a new community, we have been invited to a couple of functions by local RW/AM couples.  Amazingly (to me), between the 7 or 8 couples none but me made more than one trip to FSU and most have never been!

One man met his RW in Germany where she had been living for years.  Another couple met in S. Korea where he was a serviceman and she was there looking for work.  Another met in an LA nightclub..not sure how she arrived.  Another, quite interestingly met on the internet..she was already in the U.S.  How she arrived points out another more pervasive loophole in our laws.

The RW paid a local business owner a sum of money to type and sign a letter on his company stationary that she was to travel to Chicago to attend a conference as his delegate.  I don't know if the conference was fictitious or not.  USCIS or DOS probably should have checked into it but for them to check into the legitimacy of every foreign attendee at every conference would be prohibitive. 

I met a young RM who paid for fake docs in order to get a student visa. 

These routes to illegal immigration are far easier to accomplish that marriage fraud that involves either deceiving an AM or his complicence.  We have met a you woman who claimed DV but have no way of knowing if her claim is false or not.  My gut tells me it's a legit claim.. I've not met him..they are separated and she claims he's going to counseling and are keeping open the change of getting back together.   Though she doesn't wear her wedding ring, she not dating either (that we know of).

Were I a police officer, or DA I would look very skeptically at charges of DV from an immigrant who has something to gain.  There is already the popular conception (as we all know) that all foreign brides not from western Europe are GCGs.  So, her DV claim is going to be scrutinized more than a claim from an AW.  On the flip side of that, is the AW feminist view that AM who marry foreign brides must be  abusers ab initio.

In summary, the system is abused everyday, you're quite right, but I think it's easier to abuse the system in other ways than marriage and much hard to get caught.  Government sometimes makes the assumption that if they're  catching a lot, it must be that many more are being attempted.  And, if they're catching few, that few are being attempted. 

I'm suggesting that the government's reasoning is wrong.  The mechanisms for catching marriage fraud are more effective than their mechanisms for catching those who employ other, non-marriage schemes.

« Last Edit: April 29, 2008, 10:11:47 AM by Ronnie »
Ronnie
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Offline groovlstk

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Re: Marriage Fraud
« Reply #15 on: April 29, 2008, 10:48:05 AM »
Ronnie, you should take a look in the archives for posts from RWD's former expert on the subject of marriage fraud, Maxx.

Here's one of his threads:
http://www.russianwomendiscussion.com/index.php?topic=2236.0

Max married a GCG and then turned into a crusader to help guys who were victims of marriage fraud. One of his chief sources of frustration was the lack of interest on the part of the USCIS and the rubber-stamping of green cards for women who had very clearly married for a green card -- second only to the feminist advocates who would protect and aid even the worst offenders regardless of their true intentions. Maxx was a great guy but some felt his devotion to the cause was more of an obsession (and I'd tend to agree). Either way, he took off for other discussion boards and I'm sure some of the newly engaged and insecure probably were happy for it as having him around was a constant reminder of the worst possible scenario. 


In our few months here in a new community, we have been invited to a couple of functions by local RW/AM couples.  Amazingly (to me), between the 7 or 8 couples none but me made more than one trip to FSU and most have never been!

I've seen the same and have to conclude that guys who take the time to learn the best way to do things by reading sources like RWD are in the minority...

Offline BillyB

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Re: Marriage Fraud
« Reply #16 on: April 29, 2008, 11:33:17 AM »

Were I a police officer, or DA I would look very skeptically at charges of DV from an immigrant who has something to gain. 

As a prosecutor for the governement, you have to use the law as a guidline on who to prosecute or not and leave your personal feelings out of it and if a woman claims domestic violence you most likely will have to act and almost all the time the man is guilty. Feminists have lobbied hard to write the law on DV that prosecutors must act on. Here in a link  a county prosecutor has labeled fearing physical harm as domestic violence. You don't even need to touch a woman to be convicted.
It's not an attorney's job to deterimine if a woman has other motives but only act on her claim, it's a judge or jury's job to get to the bottom of what's going on and it's hard to disprove a woman's fear so men lose.

http://www.clarkprosecutor.org/html/domviol/what.htm
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Offline KenC

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Re: Marriage Fraud
« Reply #17 on: April 29, 2008, 12:08:25 PM »
FWIW, most green card "scams" are just "semi-scams" from what I have witnessed.  Let me explain.  We have met a lot of fsuw that would give the marriage a go, but not work at it too much.  Let me say that their level of commitment to the marriage was marginal at best.  The guy was usually head over heels in love, so the woman went along with it.  Once in America, all bets are off and many just waited to two years to pull the plug.  Fraud?  No. Devastating for the man though.
KenC
« Last Edit: April 29, 2008, 05:51:54 PM by KenC »
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Re: Marriage Fraud
« Reply #18 on: April 29, 2008, 01:42:38 PM »
Couple posts up someone mentioned honest lawyers.  There are many honest lawyers but I personally know several who will do whatever it takes for a big paycheck.  There are a lot of people in this world with no integrity. 

Offline Ronnie

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Re: Marriage Fraud
« Reply #19 on: April 29, 2008, 07:54:11 PM »
I said that lawyers can lose their license for participating in fraud and coaching witnesses to lie.  I didn't say anything about honest lawyers.  The nature of the work seems to push them to be only as honest as the absolutely have to be.

My ex's lawyer has gotten himself disbarred and serving time in Federal penitentiary.  Proving once again that, while it may take a while, justice is eventually served.

As to Maxx, I was on RWG when his story was being told in real time.  I always wondered what her side of the story was.  His was certainly riveting but other than thru forum, did anyone actually know him?

KenC makes an interesting observation and it is one that fits the majority of the cases I've seen...maybe even my own  :)
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Offline Jumper

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Re: Marriage Fraud
« Reply #20 on: April 29, 2008, 09:36:14 PM »
Directly from the *whatever they are calling themselves this year*  website:

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Background
A lawful permanent resident is given the privilege of living and working in the United States permanently. Your permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or receive adjustment of status. Your permanent resident status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States.

You and your spouse must apply together to remove the conditions on your residence. You should apply during the 90 days before your second anniversary as a conditional resident. The expiration date on your alien registration card (commonly know as green card) is also the date of your second anniversary as a conditional resident. If you do not apply to remove the conditions in time, you could lose your conditional resident status and be removed from the country.


If you are no longer married to your spouse, or if you have been battered or abused by your spouse, you can apply to waive the joint filing requirement. In such cases, you may apply to remove the conditions on your permanent residence any time after you become a conditional resident,but before you are removed from the country.


(the key word is OR in this area,,as you do NOT need to be the subject of abuse,,only need to be found that you entered into the marriage sincerely, and it just did not "work out",and you are alowed to do so before still married folks (and yes, to be fair, you would need to do so sooner as well)



If your child received conditional resident status within 90 days of when you did, then your child may be included in your application to remove the conditions on permanent residence. Your child must file a separate application if your child received conditional resident status more than 90 days after you did.

Where Can I Find the Law?

The Immigration and Nationality Act governs immigration in the United States. For the part of the law concerning conditional resident status based on marriage, please see INA § 216. The specific eligibility requirements and procedures for removing conditions on permanent resident status are included in the Code of Federal Regulations [CFR] at 8 CFR § 216.

Who is Eligible?
You may apply to remove your conditions on permanent residence if:

You are still married to the same U.S. citizen or lawful permanent resident after two years (your children may be included in your application if they got their conditional resident status at the same time that you did or within 90 days).


You are a child and cannot be included in the application of your parents for a valid reason.


You are a widow or widower of a marriage that was entered into in good faith.


You entered into a marriage in good faith, but the marriage was ended through divorce or annulment.

so if you divorce or get things annuled in the first year, but entered into the marriage sincerely,(and who doesnt;) and what a very difficult thing to disprove? as many domestic marriages fail quickly also?  ahh and you would need to ,,but you can still can file before a still married person is allowed to


You entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S. citizen or lawful permanent resident spouse.


if you think your local officer is going to risk his butt, or job,  on deciding if a scared poor immigrant women is sincere in her charge of DV, or just playing an immigration game,
you are really not in touch with reality..
he isnt there to sniff such things out,, and will cvover his butt by accepting ,and acting,
 on her charges appropriately as he should,...
and the USCIS has notoriously green stamped anything thru,,
thats the reality.. if you dont believe it, find out how many "  singlularly filed I 175's are  turned down percentage wise..



The termination of your conditional resident status would cause extreme hardship to you.
Please see USCIS Form I-751 (Petition to Remove the Conditions on Residence) for more specific eligibility requirements.

How Do I Apply?

To find out how you can apply to remove your conditions of residence, please see Application Procedures, which help identify what you need to do. The USCIS will extend your conditional resident status while USCIS staff reviews your application.

What if I am Late in Applying to Remove the Conditions on Residence?
If you fail to properly file the Form I-751 (Petition to Remove the Conditions on Residence) within the 90-day period before your second anniversary as a conditional resident, your conditional resident status will automatically be terminated and the USCIS will order removal proceedings against you. You will receive a notice from the USCIS telling you that you have failed to remove the conditions, and you will also receive a Notice to Appear at a hearing. At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements (the USCIS is not responsible for proving that you did not comply with the requirements).

The Form I-751 can be filed after the 90-day period if you can prove in writing to the director of the Service Center that there was good cause for failing to file the petition on time. The director has the discretion to approve the petition and restore your permanent resident status.

How Can I Get a Waiver of the Requirement to File a Joint Petition?
If you are unable to apply with your spouse to remove the conditions on your residence, you may request a waiver of the joint filing requirement. You may request consideration of more than one waiver provision at a time.

You may request a waiver of the joint petitioning requirements if:

Your deportation or removal would result in extreme hardship


You entered into your marriage in good faith, and not to evade immigration laws, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition.


You entered into your marriage in good faith, and not to evade immigration laws, but during the marriage you were battered by, or subjected to extreme cruelty committed by your U.S. citizen of legal permanent resident spouse, and you were not at fault in failing to file a joint petition.
Please see USCIS Form I-751 (Petition to Remove the Conditions on Residence) for more specific information on waivers.

What if I Am in Divorce Proceedings, But Am Not Yet Divorced?
If you and your spouse are unable to apply to remove the conditions on your residence because of divorce or annulment proceedings, you may not apply for a waiver of the requirement to file a joint petition, based on the “good faith” exception. You may not file for the waiver until after your marriage has been terminated.

Please see Immigration Policy and Procedural Memoranda, memo dated April 10, 2003 for more specific information.

Will I Get a Work Permit?
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I am not trying to fill maxx's shoes!! LOL

I do agree that most RW tend to fit into the sincere category in these cases, and deserve the leniacy the law permits..

I am   pointing out that the way the law is wriiten ,it is easy to abuse,
 and it is abused.
it also penalizes (very slightly but none the less)
 those who follow it to the letter


Expecting the case workers at the USCIS to sniff out wether a person filing for removal of conditions after being seperated, divorced /annualed , or abused-
 was ACTUALLY sincere when first entering the marriage ,
 is expecting far FAR to much in the real world.

just exactly HOW would you go about proving that??
 it is laughable to any decent attorney ,with a reasonably intelligent client..
, and what resources would you as a USCIS worker have to dig up any actual facts, or evidence?

not to mention the immigrant understandibly  can appeal your decision,
 and even appeal the judges decision, on the appeal.

the govbment will have little, if any ,actual evidence. to support any claims  of fraudulent marriage in the majority of cases,
and will not pursue it as they have neither the time, manpower ,funds ,or ambition to do so.
there are far far bigger priorities in immigration control than this..

The very very few  cases you see in the news ,as i mentioned ,normally are grossly negligent in any attempt to appear like a legitimate marriage..
anyone with half a brain, and half the desire, will certainly fly right thru..

the system is abused...
it is written to be.and the gatekeepers hands are held by the law, and funding
(you think typical case workers have some  internal detective at thier beck and call fo rany case they feel is suspect? of a PI  on retainer? in the shear amount of case loads they review each and every day? lardy lardy .. LOL)

but really overall the cases of abuse probably are small percentage wise.
Lets not pretend they dont exist , or that it isnt relatively easy to do so.


I really  wish you guys where my detention room teacher,., i would have been out fishing.
;)

« Last Edit: April 29, 2008, 09:53:35 PM by AJ »
.

Offline Ronnie

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Re: Marriage Fraud
« Reply #21 on: April 29, 2008, 10:38:01 PM »
AJ,

Do you really think Adjudicating Officers are risking their jobs by making a negative determination?  How do you figure that?  If rubber stamping was the job description, there would be no reason for the pre-hire testing and extensive training they receive before the are allowed to adjudicate their first case.  They are there to find fraud.  Plain and simple. 

I'm wondering something else... are we thinking the government has the burden to prove fraud?  Actually, they don't have any such burden.  The USCIS can make a discretionary determination and guess what? Wnder the recently enacted REAL ID act, you can't appeal a discretionary decision by the USCIS.  Adjustment decisions being one of those discretionary decisions.  We were able to take our case to the District Court not because we disagreed with USCIS's decision because it was based on abuse of discretion, but because it was based solely on the fact that their denial of my wife's son's application for adjustment was a determination that he was legally ineligible owing to his age.  They were wrong and the court sorted out the law.  Again, had they decided against us on grounds of preceived fraud, we would have no recourse until we came before an Immigration Judge in removal proceedings.

As to the removal of conditions in less than two years where there was a divorce or abuse:  The whole purpose of the two year condition was to be a deterent to fraud.  Where the marriage is already over or untenable due to abuse, there's no reason to have the 2 year limitation.  Remember, green cards are normally 10 years for all immigrants except where immigration was gained by recent marriage.  Marriage gone...no further reason for the restriction.
It only seems illogical until you realize the thinking behind the International Marriage Fraud Amendments which put the conditions in place back in 1986.

It sounds perhaps that I'm defending immigration law or those who apply/enforce it.  Remember, I'm the guy who successfully sued the USCIS.  But perhaps that experience taught me that they do a good job generally with laws that are patchwork of acts and amendments.
There are so screw-ups to be sure, but most of the fraud, I think is in work, tourist and student visa overstays or are based on fake docs from the get go.
Ronnie
Fourth year now living in Ukraine.  Speak Russian, Will Answer Questions.

Offline Jumper

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Re: Marriage Fraud
« Reply #22 on: May 01, 2008, 08:30:37 PM »
Quote
As to the removal of conditions in less than two years where there was a divorce or abuse:  The whole purpose of the two year condition was to be a deterent to fraud.  Where the marriage is already over or untenable due to abuse, there's no reason to have the 2 year limitation]/quote]

yes of course , and it makes perfect sense LOL
in a really twisted kind of way dont you think?

you came on a marriage visa..
you must remain married for 2 years to adjust status.
understanadble right? its a time limit that was felt to assure sincerety and true intent.

ohh wait,,you are no longer married!
my bad!
here then , this is what you do.
you go ahead and file for adjustment early,
as you are no longer married now  are you?
perfect sense.
(i think i'm back in the Marines)


by its nature it allows those who are willing, to manipulate the system.
in fact encourages those who would do so, TO do so..


 i agree that there are far more fraudulent cases in other aspects of immigration..
this is pretty minor and small percent.

All that said,

how many cases where an abused,  seperated, or divorced immigrant on a originally on K3 visa ,files the I-175 before the two years , on any of those grounds -
are actually turned down.

you can believe that it is because the majority where sincere.
(and i would tend to semi - agree)

I will also remain convinced (mostly due to many talks with BCIS staff,and the many immigrants  i know that remain aftrer a failed k1 or K3) 
..that regardless the immigrants sincerety..
that most early filings of I-175 are approved ,
as it is extreemly hard to decline on a bases of *judging a person initial sincerety *
with any hope of making a solid case ,if appealed.(which it naturally would be)

The system is set up to deter fraud.
you claim indepth interviews, fraud sniffing officers,  work to do so.

maybe that was your experience.

the reality is the majority  of interviews consist of precious few shallow questions
(my wife was asked 3 total,and she got one wrong)
which often include asking the names and dates,which anyone should know.
hardly indepth.certainly not a big deterent.as filing the paperwork is much more difficult.

Our experience (and several couples we know) was a joke ,
if looked at from the perspective of detering fraud.
We passed thru with

1.yes that's my name,and my husbands name
2.um yes we both live at that address..and i used to live (insert address in Dnepro)
3.no , i dont remember  my husbands best friends name.

(i about fell over when she had a brain fade and couldnt remember it )


Since you alluded to having to file suet against them, your experience and view
will obviously be far far different..

*shrugs*
.

Offline Ronnie

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Re: Marriage Fraud
« Reply #23 on: May 02, 2008, 06:49:31 PM »
AJ - You keep referring to adjusting status as something that's done after two years of marriage.  What you're talking about is removing the conditions on the status that was set to be reviewed two years AFTER status was already adjusted to Permanent Residence.

So if a woman is abused, there is no reason to keep her in the same category as those who acquire LP status via marriage.  They will now interview her and see if she concocted the story of abuse and try to determine if the marriage was done by her in good faith.  Not always easy, I agree but claims of abuse is not an automatic route to removal of conditions.

Also, and I may be mistaken on this one, but by not being married to a US citizen when she applies for citizenship, she must now wait the usual 5 years instead of 3.  So, she really gains nothing, and looses a faster track to citizenship.

I say I may be mistaken because one RW who became a citizen here did so in less that 5 years even though she and her husband split up.  I'm not sure how she did that.
Ronnie
Fourth year now living in Ukraine.  Speak Russian, Will Answer Questions.

Offline aikorob

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Re: Marriage scam ring?
« Reply #24 on: May 10, 2008, 04:41:59 AM »
Experience is what you get when you didn't get what you wanted.

 

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