ImmigrationFraudVictims

Hi,
I am relieved that there is actually a forum about this topic. I have searched for hours now but I have found no specific answers to my problem. I'm sure it's out there but I wanted to make a post in case someone knows at least to point me in the right direction.

I am aware of marriage fraud and the definitions the US government gives it. I know that I should be "lawyering up" but I am in financial straights since almost all of my money is tied up in my house (which is currently on the market) and antiques.

Long story short. I married a filipina 22 months ago and brought her and her two children over to the states. We married about a month later and she now has permanent residency but her children do not. She had told me her previous husband had died and I saw the death certificate. I naturally tried to do my due diligence so I checked as well as I could about her before I made the committment. Furthermore in the Philippines there is no divorce and anullments take many years to obtain. So naturally I thought the immigtation agency would check this out as well. What I wasn't aware of is that the corruption in the Philippines is so bad that you can actually buy a fake death certificate! Well our two years are almost up and she is suddenly become very hostile and I have overheard a conversation between her friend where she was discussing when she was going to file for divorce and when she thought she could petition for her real husband to come over who is clearly alive and well in the Philippines. Boy am I the biggest dope in the world!! I have no physical evidence of her conversation but I do have a copy of the false death certificate and I think I know where he is living. I have no other facts.
Now. What the hell do I do? I know in my heart I am being scammed big time but I feel that the whole system is geared toward immigrants and especially females and children. I guess I am asking anybody if I should just roll over and have her take half of all my assets AND bring over real husband and move on with my life? Or do I have any recourse from this noose I am in? Naturally I have not confronted her about any of this so she thinks I'm still in "chump mode". If anyone has words of wisdom for an apparent fool I would be greatly appreciative. Thank you.

Celtic62

Celtic, this is not an uncommon problem. You are not the first who has been a concurrent husband of a bigamist immigrant wife.

You MUST continue playing the "chump".

Please contact JnSampson (retired USCIS/ICE agent) of this forum. He will know exactly what you can do to keep yourself safe and get some justice. He has a consulting business. Your case is a Ace high flush in getting some USCIS justice. If she is able to pull off her scam the publicity with the media that you could generate (if you decide to go that route) would not be something the USCIS would want.

Also be careful as she could set you up on false abuse charges to get her green card if she knows you are on to her. The USCIS seems to turn a totally blind eye to any marriage fraud of the immigrant spouse if abuse charges are made. They have a hands off policy. I know of another fellow whose bigamist wife was still able to get her green card even though her husband proved that she committed bigamy when she married him. She pulled an abuse charge on him and the USCIS would not take his evidence of her fraud and felony. Absolutely shameful.

Be smart and stay out of jail and DV court for a restraining order. Read this website for tips on what you can do in these threatening times and run everything past your lawyer that you see in secret. I would recommend seeing an immigration attorney first. Tell him your situation and ask him what attorney he would recommend for a divorce/annulment Not many attorneys have experience with these immigration marriages. John Sampson will back me up on this.

Call John Sampson and make sure she doesn't see your internet/phone tracts on this subject. Make a plan and act decisively. You will look back someday and congratulate yourself for being smart on how you handled this situation. Believe me on this. I have been involved with this issue for 6 years now and have been where you are at.

Good luck.


Maxx

Maxx,
Thank you very much. I will take your advice. My only potential delimma is that she already has a green card. But I'm sure John will know what to do. Thank you so much again.

Mike

Perhaps the green card is just a conditional green card? If so if she makes an abuse claim that green card will immediately revert to a legal perminent residency once the VAWA staff at the VSC approves her self petition (a few months) as an "abused" spouse of a US citizen. So you must play dumb until you have all your legal ducks in a row and get out of harms way by secretly moving (temporary) and have alibi witnesses (preferable female relatives) that you have done so.

Here is a FAQ on this site.

4) I am a victim! What should I do now?
a. Get a good divorce attorney! If you can afford it, get a good immigration attorney too.
b. Do not confront your spouse regarding your suspicions. Do not speak to mutual friends about your suspicions. Talk to your lawyer!
c. Keep your legal strategy between you and your lawyer. If you need to talk to someone, do so only to a trusted friend or family member.
d. Do not allow your spouse to provoke you, and do not react to his/her provocations.
e. Do not under any circumstances talk to your spouse, or friends of your spouse, whether on the phone or in person, without a witness present. Do not post any specific information regarding your spouse on the web.
f. If possible, move out of the marital home, and have witnesses available for verification. It is best to establish a temporary residence somewhere else. Do not let your spouse know where you are living. Do not return to the home or your spouse could twist this into a stalking charge.
g. If your spouse has already moved out of the marital home, change the locks. Check with your lawyer about the legality of this first.
h. Secure the bank accounts. Move money ASAP. Get legal advice about possible 50% rule. Get all valuable documents that might be of use in an immigration or divorce case out of your house and locate them to a safe deposit box at a bank or someplace else that is safe.
i. Keep written copies of your exit plan such as an attorney's brief with you at all times. The attorney's brief should stress the need to separate and make no contact with your spouse, as well as steps that have been taken. These papers can be shown to the police if they show up at your new residence on some false charges made up by your spouse, as well as in court.
j. Keep a paper trail of your exit plan. These are useful at an abuse trial to show your rational and legal reaction to a marriage that needs to be ended. Abusive people do not use rational legal means to exit a marriage. They use intimidation or force to keep a hold on their victim. Act like a law abiding citizen. Do not waiver with your heart, but keep advancing forward using your head.
k. Don't sign anything for your spouse.
l. Record and document everything. If it is legal in your state, carry a tape recorder!
m. Check your state laws regarding legal grounds for an annulment. If allowed, an annulment shows the USCIS that you were defrauded. Follow up with a letter and proof that you've filed for annulment and the final decree of annulment.
n. You must withdraw sponsorship of your spouse as soon as it is evident that things are not right. If you and your spouse have applied for a change of status, and your spouse has not received the 2 year green card, withdraw your application immediately! Send a notarized letter to the USCIS and include as much information as possible. Write a very detailed synopsis of your relationship with your spouse from the first time you got in touch until the present. Be sure to send it so that someone has to sign for your letter. If your spouse's change of status has already been approved, you can still withdraw your support, but this unfortunately does not end your financial obligations.
o. Write your local US Representative and US Senators. Have them send a letter to the USCIS on your behalf.
p. Try to get a contact person at your USCIS local office, and be persistent in forcing them to do something about your claim, with investigation.
q. Do not hide, destroy, damage or take your spouse's immigration documents, passport, etc. This could be used against you in a court of law or with the police.
r. Google your spouse. You would be surprised at what is out there on the web about people.
s. Do a background check on your spouse. It's worth the money.
t. Report any suspicious activity to the FBI or USCIS.

This may sound a bit dramatic but a well planned exit is much akin to a preemptive military strike, like the December 7th 1941 attack on Pearl Harbor. The immigrant wife should first learn that you are on to her when a process server serves her (bombs away) the divorce/annulment papers and you are nowhere in sight. It makes it much more difficult for her to file an abuse claim with the police and a district court prosecutor if she does this after being processed served. It looks vindictive on her part and motivated for a green card instead of it being for real abuse. All of this makes good defensive evidence if a trial for domestic violence happens. Most guys have no idea how desperate their wives get when they are facing possible deportation. The other thing they do not know is how costly it can get if an abuse charge is made and the prosecutor acts on it.

Maxx

Maxx gives very wise advise. Reach out to John Sampson sooner rather than later. Good luck.