ImmigrationFraudVictims

Hi everyone, new to the forums. I apologize for the length of the post, but in situations such as these background information is necessary in order to get a feel for the case. This case I feel is quite shocking so I hope it keeps your attention.

I feel I am a victim of marriage based immigration fraud. I am trying to understand what my next course of action should be if I want to pursue some sort of legal criminal case against my soon to be ex-wife and also what kind of chances I have of getting her deported.

Here is the background on the situation. Spring 2008 I filed to remove the conditions on her permanent residency and things were not going so well in our marriage at the time. She really pressured me into to signing the forms at the time and it was difficult, but I was trying to do everything I could to save our marriage at the time.

In August of 2008 she moved out to a separate apartment in order to attend school in another city. At this time I started going to school full time again, but I lived by myself. We had problems in our marriage at the time and had discussed the possibility of a divorce, but I feel she did not push enough for the divorce and I felt more could have been done to save our marriage, and we both decided it would be best to spend a little time apart to think things over and to both work towards our education.

At the time she told me that she moved in with roommates, one was a mutual girl friend whom I had met and the other was a female student from the school she was attending at the time and that I had never met or seen. I know that it is not uncommon in college communities for people to have roommates that may not be immediate friends, so I trusted her and didn’t think much of it.

Many months went on and we were both busy working and attending school full time. We would talk on the phone often and occasionally she would come and visit me and spend time together, and though there was still some distance between us, it gave me hope that things might change and that we were slowly working towards working things out.

In May of 2009 we had the interview with USCIS to remove the conditions on her permanent residency. During the interview I truly believed that I was in a marriage that had problems but that we were still married. She stated under oath that we were in a marriage together and that we had problems, and alluded to that we were working things out, and that we were both concentrating on school at the moment. She also explained the situation of living apart in order for her to attend the school. This is how I understood things to be between us at the time. So I signed the forms that were required with full faith and trust that this was the situation and that I was really married.

In Mid-June 2009 I found out from a friend that she was in fact having a hidden affair with another man. I confronted her with this and I later found that this secret affair had been going on for a long time. Possibly for 12-18 months, and to make matters worse I found out who the mystery third roommate was, it was in fact this other guy. She had been living with him the entire time and lying to me about it.

Needless to say I was completely shocked and devastated and that I am completely blown away by this emotionally. The level of deception and betrayal is unimaginable. That she deceived me for such a long period of time and violated my trust in her is just devastating. If you knew this person you would be extremely shocked by this news, mutual friends and family are completely blown away by she has done, some saw warning signs me included, but know one new for sure.


After finding out we talked and in the course of the emotional fallout afterwards, she decided to grant me access to her facebook account.

She then proceeded to show me the pictures of this other guy as messed up as a situation as that is. Her account was plastered with many pictures that show a well established long term relationship with dates and comments by friends. They are clearly more than just friends in most of the pictures and I feel they are certainly evidence that would establish a long term relationship between them. The other girl she was living with also knowingly concealed the fact of what was really going from me the entire time and knew we were married. The guy she was involved with also knew that she was married and still pursued a relationship anyway.

When she left I quickly documented all the photographic evidence, comments, and pages, and archived them. A few weeks later she deleted her facebook account.

After getting these pictures a week or so later her permanent residency card arrived. She quickly decided to book a flight back home to spend time with family and friends that she had not seen in many years and spend a few weeks there.

That is where things are right now. I intend to proceed with either a dissolution, and if she doesn’t agree with all of my terms on the separation agreement then I will bring the adultery charges in a full blown divorce. She has indicated that she does not want to battle me in court as neither of us have the financial resources to do so.

I now know she knowingly lied and deceived me during this entire process to remove conditions on her permanent residency. During the entire process she was committing adultery. She also lied through her teeth under oath to USCIS immigration officer during the interview when asked about the status and future of our marriage at the time. She failed to discuss her real intentions for the future of our marriage together to the officer. She was living with and having an affair with another man at the time of the interview and did not mention this fact at all in the interview and there is proof that this was the indeed situation at the time.

There is proof of this relationship, not only photographic, but also telephone records that clearly show them communicating a lot together over a prolonged period of time and certainly during this part of the immigration process. Proof of her name and her friends name, and possibly this other guys name on the apartment lease. The landlord of their apartment could definitely be a witness testifying to who actually lives in the apartment as well.

There is also a police record of this other guy getting a traffic ticket while driving a car registered in my name together with her and I never authorized him to use this vehicle at the time or was aware of it or even knew this person existed at the time.

During the entire time we were married there was never any physical or emotional abuse. There is not any police records or complaints of any sort of domestic violence. I have never had any history of violent behavior or domestic violence in my life. I have no criminal record whatsoever. Friends have offered to make statements to my character if necessary.

In the matter of immigration fraud, her girl friend that lived with them, and this other guy knew that she was married and going through the immigration process and I feel aided and abetted her in the process of committing immigration fraud. They did so by knowingly deceiving me and not telling me the truth while I was filing out all of this paperwork and going through the interview process.

I guess the advice I asking is, what are my options? Can I proceed with some sort of criminal investigation through the USCIS alleging marriage based immigration fraud? Can I get the I-864 affidavit of support revoked because my spouse at the time was committing adultery? Can her permanent residency be revoked and she be deported if I present my case and the evidence I have discussed?

Who would I talk to get some sort or process started with this? A certain type of lawyer? is there someone I can contact at the USCIS to report immigration fraud?

I really need help with this, as this is the most difficult and painful event that I have ever had to deal with in my life. I greatly appreciate all help and advice that anyone has. Thanks.

Hi betrayed,

Your situation seems to be complicated. My first impression is, the conditions have already been removed from her green card, so I doubt the USCIS would do anything. I could be wrong. You probably have a good case for adultery, so the divorce should swing in your favor. In regards to the I-864, generally this seems to be seldom enforced by the US government. The different states, courts, & judges take varying viewpoints on it when it comes to alimony.

With that being said, you should contact John Sampson.
http://www.csiinvestigations.vpweb.com/default.html
http://immigrationfraudvictims.freeforu ... s-t42.html

He is a frequent contributor on this board. He knows the ins and outs because of his background. You also need to get a good divorce attorney. Do not fall into her trap when she says she wants to avoid a battle. If she plays the poor abused immigrant card(no abuse needed), or even the poor immigrant card, you will have a battle. Prepare now.

Good luck.