ImmigrationFraudVictims

Marriage fraud for immigration purposes seems to be the key solution to be granted an annulment and un-snagged from the "mandatory" affidavit of support scam.

Can anyone offer any knowledge or experience of the types of fraud that may apply or have happened?

example:
1. An alien was pevious married before and never divorced.
2. Is it possible an alien overstayed;worked without authorization- Visa was void\out of status\illegal deportable but said they had a valid visa and passport?

IS THERE AT LEAST 1 PRECEDENT CASE THAT CAN BE REFERENCED? HAS ANYONE YET TO SUCCEED AND GET AN ANNULMENT ASSOCIATED WITH IMMIGRATION?

There seems to be a number of cases of annulments based on immigration fraud and some on the immigrant spouse being still married to their previous and concurrent husband. JnSampson of this board is the authority on this.

I have used it successfully in 2 counties LA and San Berdoo to gain annulments based on fraud..

It depends on your facts, not on the case.

The facts in my case are that the woman I met told me she had a valid visa and passport. We dated, got married .. I filled out the applications and went to an interview. She got her temp status and then pulled the abuse scam.
When I read the CFR rules I found her visa was really void because she overstayed using her B2 visas and she also was working without authorization. According to the CFR she was "out of status" hence, illegal and deportable.
It looks to me like she misrepesented her visa purpose as her intentions were not to come to the United States to visit but to simply stay becasue she did. The fact that she concealed information about her status makes me think she acquired the marriage license by fraud also.
To meet the two prong criteria of fraud a person has to:
1. Learn of the concealment\fraud
2. Do something about it. (if you don't do anything it's no longer fraud)

I filed for an annulment based on marriage fraud for immigration purposes. Her only defense is to say I knew all about her status before we married.
I am having a hard time finding a lawyer who can explain this to the judge. The immigration lawyers I have contacted are telling me that their practice is to help the immigrants! A family law lawyer doesn't understand the immigration laws and procedure. In the last year, I have been in 3 courhouses several times because of all this. I have had 4 lawyers already and currently left Pro Se.
This woman ruined my reputation, exhausted my savings and left me branded with my 2nd year restraining order. (The marriage was only 22 months)
I had a prenup agreement but the I-864 Affidavit of support was the last "contract" signed. Although she may be willing, I'm not sure if she can legally waive alimony associated with the title 8 section 213?

So how does this work? Somone from another country (Non immigrant) arrives in the United States. To marry an American, the proper procedure is to apply for a Fiance visa (makes sense) get married within 90 days, they may\may not be able to stay in the United States the decision is up to The USCIS officer. They may get a conditional card leading to a permenant greencard; else return home until the process takes place.

On the other hand, anyone can get off the plane with any other type of Visa, (Visitor, work, school) simply not return to their country? Get married and show up at the USCIS with a sponsor for a conditional green card.

What happens when the couple goes for a perm green card??

Is this where the USCIS recognizes the non immigrant didn't do anything correct to begin with? denies the perm card? or send them back to their country?

To avoid these standard rules and regulations they could pull the "bait and switch" First tag an American and get married. Then before the USCIS figures out nothing was done correctly, pull the "abuse" scam. Once the non immigrant has filed on their own to drop the condition claiming they are a "victim" of abuse. They appear to be protected from the original rules and regulations? ... and get their 10 year greencard?

Does this mean the no one ever reviews how the "victim" got in the United States to begin with? Isn't this the fraud that should be pointed out during divorce proceedings for an annulment?

Does anyone know if a non immigrant got married without a Fiance visa and was able to succeed to get a perm greencard without claiming abuse?

It happens all the time with foreign men and women who come to America on a tourist or business visa and decide to stay. They just find an American to marry them and then have them apply for Adjustment of Status using a I-130 relative (spouse) petition. A lot of middle aged American men find themselves being pursued by young attractive beautiful foreign women and wonder why. The same with American women.

One scenerio is the non immigrant arrives in the United States with a visa for visitor, business, or school and marries while still in LEGAL STATUS ( the time allowed to stay has not expired) Then applies for and obtains a conditional green card.

The other scenerio is the non immigrant overstayed, (past the time allowed) ILLEGAL STATUS the visa is now VOID and they are considered Out of Status and illegal and deportable. They get married, obtain a conditional greeen card.

Is there a difference between these two scenerios (LEGAL STATUS and ILLEGAL STATUS) to the USCIS?

Would the latter have a problem obtaining a perm greencard?

As it stands now, an immigrant can be in the country illegally and claim that he/she is a victim of spousal abuse. If they are in a detention center, awaiting deportation, they can claim spousal abuse to avoid being deported. Since no one can dispute the claims of abuse, an illegal immigrant gains legal status.

What can actually be done during the conditional 2 year period? Is this just for the USCIS to decide if a marriage was valid?

Can a sponsor withdraw or notify the USCIS that the marriage was a fraud BEFORE the alien files for the abuse process? Is there any way to back out during the conditional period?

If the USCIS decides to grant a 10 year green card after a sponsor, during the conditional period, tried to withdraw and notified the USCIS that the marriage was not valid AND at a time BEFORE the alien filed for the abuse method ... Is the sponsor still a sponsor? How does the sponsor get out BEFORE the alien gets a perm greencard??

The abuse petition is a TRUMP card. Even if you withdraw your support before the abuse petition is filed, the fact that you did so can be used to show that you are abusive in the eyes of the VAWA advocates in the Vermont Service Center of the USCIS.

It's a no win situation. This is why we are fighting so hard to have Congress close this immigration loophole.

In my situation, I did withdraw in writing during the conditional period. It was also before my wife submitted her waiver. I have also filed for an annulment based on marriage fraud (although there is immigration fraud also) .... and because she used a B2 visitor visa but her intentions were not to visit but to stay (because she did) it looks like she misrepresented her visa purpose.

If the VAWA wants to accept these trump card methods, they can't possibly expect a sponsor\American to be responsible for 10 years because THEY decided to let them through?

It looks to me that MARRIGAE FRAUD and\or IMMIGRATION FRAUD has to be recognized during the divorce proceedings.

Have we tried a class action law suit against the VAWA dept?

Same thing happened in my case. We separated, I pulled my AOS support and I filed for divorce and then she made her VAWA claim. A few months later she got her LPR card good for 10 years. If illegal immigrants can file VAWA claims and get LPR cards by doing so does the conditions you mentioned have much of a chance in stopping one?

My thought is Fraud. If a sponsor can prove marriage and\or immigration fraud during a divorce proceeding and become successful, wouldn't this make a difference?

I can see how a plain divorce would not even be considered. My main concern is being hauled in to a federal court and ordered to pay support because of the affidavit of support contract. The fact that there are already precedent cases of this is really alarming!

Did your exwife do this to you? Are you paying alimony based on her claiming to have little or no money and that you signed the I-864?

Ed, I have do so running before my business day is over. So I will post more later. I will say this one thing though. Possible is not the same as probably. Most often the worst we imagine does not happen.


Maxx