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Possible marriage fraud...what to do?

Possible marriage fraud...what to do?

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Old Apr 14th 2006, 2:36 pm
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Default Possible marriage fraud...what to do?

Hi all, it's been quite awhile since I posted here.
I brought my husband over on a K1 in 2003 from Germany. About 7 or 8 months after our marriage, things started going downhill. No abuse or cheating, it was just clear that my husband did not love me and wasn't interested in building a marriage together. I tried for the next year and a half to repair our marriage, but he would never recognize that there was a problem. This is a very condensed version of our marital problems, so I apologize. We moved from KY to VA (DC metro) last year and filed his I-751 in Feb. The day after the petition was mailed my husband told me he was no longer in love with me and wanted a divorce. I have since moved back to KY while he remains in VA. He received a pending letter extending his travel and employment, but has since moved (within the same city) and filed a change of address form.

After having time to think about this it has become clear to me that I was used. Maybe not to get into the country as I do believe he genuinely cared for me, but he knew our marriage was falling apart and wanted out, but waited until it was more convenient to tell me. My family is extremely hurt as they included affidavits attesting to our bona-fide marriage. I feel like I just basically lied to the federal government and it makes me feel awful. I really don't know what to do. We can't file for divorce until August, though.

Anyway, any advice on what I should do?

Thanks.
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Old Apr 14th 2006, 2:42 pm
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Default Re: Possible marriage fraud...what to do?

Originally Posted by kariml
H
Anyway, any advice on what I should do?

Thanks.

Move on with your life. Don't dwell on the past, but learn from it.

All the best
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Old Apr 14th 2006, 2:45 pm
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Default Re: Possible marriage fraud...what to do?

Originally Posted by Elvira
Move on with your life. Don't dwell on the past, but learn from it.

All the best
I am moving on with my life and I'm not asking for personal advice. I'm wondering if this is something I should notify the USCIS about. I don't know what to do if we get called in for an interview.
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Old Apr 14th 2006, 2:48 pm
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Default Re: Possible marriage fraud...what to do?

Originally Posted by kariml
I am moving on with my life and I'm not asking for personal advice. I'm wondering if this is something I should notify the USCIS about.
I can't think of any objective reason why you should: of course, we have had people here who want revenege. Theat, of course, is a personal matter...
I don't know what to do if we get called in for an interview.
Easy: tell them the truth. You have nothing to hide, do you?
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Old Apr 14th 2006, 3:01 pm
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Default Re: Possible marriage fraud...what to do?

Originally Posted by nettlebed
I can't think of any objective reason why you should: of course, we have had people here who want revenege. Theat, of course, is a personal matter...
Easy: tell them the truth. You have nothing to hide, do you?
No no no, this has nothing to do with revenge. I'm asking from a purely legal perspective. So if he gets a letter for an interview I have to travel back to Arlington or can I just not go and let him do the explaining? I have nothing to hide at all, but from my understanding it would have been easier for him to file individually after our divorce was final. Of course his green card would have been expired by then. This is all assuming his change of address form is cross-reference with the I-751 in Vermont.
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Old Apr 14th 2006, 3:36 pm
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Default Re: Possible marriage fraud...what to do?

Originally Posted by kariml
No no no, this has nothing to do with revenge. I'm asking from a purely legal perspective. So if he gets a letter for an interview I have to travel back to Arlington or can I just not go and let him do the explaining? I have nothing to hide at all, but from my understanding it would have been easier for him to file individually after our divorce was final. Of course his green card would have been expired by then. This is all assuming his change of address form is cross-reference with the I-751 in Vermont.
I don't think *you* need to contact anyone at USCIS. If an interview comes up before the divorce is final, you don't have to attend, and he can explain what's going on. If an interview never comes up, or if it comes up after the divorce is final, his immigration problems are his to figure out.

The only concern is that as his sponsor, you are not off the hook, even after divorce.

That's my opinion.

Best Wishes,
Rene
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Old Apr 14th 2006, 4:29 pm
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Default Re: Possible marriage fraud...what to do?

Originally Posted by Noorah101
The only concern is that as his sponsor, you are not off the hook, even after divorce.
Well that sucks! I know everyone says don't worry about it, move on with your life, blah, blah, blah, but if it were me, I'd be looking into getting out of that deal. I know everyone signs the affidavit of support knowing that it puts them on the hook, but if the immigrant spouse ends up being a jerk or a total nutbag (not saying that's the case here), there should be an out for the sponsor, IMHO.

kariml: I hope it all works out for you - good luck!

Cheers,
Steve.
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Old Apr 14th 2006, 4:48 pm
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Default Re: Possible marriage fraud...what to do?

Originally Posted by AussieSteve
Well that sucks! I know everyone says don't worry about it, move on with your life, blah, blah, blah, but if it were me, I'd be looking into getting out of that deal. I know everyone signs the affidavit of support knowing that it puts them on the hook, but if the immigrant spouse ends up being a jerk or a total nutbag (not saying that's the case here), there should be an out for the sponsor, IMHO.

kariml: I hope it all works out for you - good luck!

Cheers,
Steve.
Hi Steve,

Unfortunately, the sponsor is on the hook no matter what, until one of the following occurs:

1. The alien comletes 40 quarters of qualifying work (about 10 years of full-time work, if that work qualifies)
2. The alien becomes a USC
3. The alien leaves the USA permanently
4. The alien dies

Rene
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Old Apr 14th 2006, 5:11 pm
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Default Re: Possible marriage fraud...what to do?

Originally Posted by kariml
Hi all, it's been quite awhile since I posted here.
I brought my husband over on a K1 in 2003 from Germany. About 7 or 8 months after our marriage, things started going downhill. No abuse or cheating, it was just clear that my husband did not love me and wasn't interested in building a marriage together. I tried for the next year and a half to repair our marriage, but he would never recognize that there was a problem. This is a very condensed version of our marital problems, so I apologize. We moved from KY to VA (DC metro) last year and filed his I-751 in Feb. The day after the petition was mailed my husband told me he was no longer in love with me and wanted a divorce. I have since moved back to KY while he remains in VA. He received a pending letter extending his travel and employment, but has since moved (within the same city) and filed a change of address form.

After having time to think about this it has become clear to me that I was used. Maybe not to get into the country as I do believe he genuinely cared for me, but he knew our marriage was falling apart and wanted out, but waited until it was more convenient to tell me. My family is extremely hurt as they included affidavits attesting to our bona-fide marriage. I feel like I just basically lied to the federal government and it makes me feel awful. I really don't know what to do. We can't file for divorce until August, though.

Anyway, any advice on what I should do?

Thanks.
Hi:

Your caption indicates "possible marriage fraud" -- but then you give a long story totally devoid of any suggestion of marriage fraud in YOUR marriage.

Please clarify.
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Old Apr 14th 2006, 5:38 pm
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Default Re: Possible marriage fraud...what to do?

Originally Posted by Folinskyinla
Hi:

Your caption indicates "possible marriage fraud" -- but then you give a long story totally devoid of any suggestion of marriage fraud in YOUR marriage.

Please clarify.
Ok maybe my wording is not clear, I'm sorry. Clearly this process is new to me. I do not believe anything was fraudulent in the beginning. Meaning I don't think he used to me to get in the country. I'm wondering if it is fraudulent to have sent in the I-751 attesting to our bona-fide marriage. He wanted a divorce long before we sent in the I-751. He admitted to have these feelings nearly a year ago. So I feel like it was planned. He knew he wanted a divorce and kept quiet until the paperwork was filed.
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Old Apr 14th 2006, 6:36 pm
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Default Re: Possible marriage fraud...what to do?

Originally Posted by kariml
Ok maybe my wording is not clear, I'm sorry. Clearly this process is new to me. I do not believe anything was fraudulent in the beginning. Meaning I don't think he used to me to get in the country. I'm wondering if it is fraudulent to have sent in the I-751 attesting to our bona-fide marriage. He wanted a divorce long before we sent in the I-751. He admitted to have these feelings nearly a year ago. So I feel like it was planned. He knew he wanted a divorce and kept quiet until the paperwork was filed.
And how would you prove that?

I am sure many couple have had issues.

He should have waited for the all clear if he was that mendacious, but in any event he could always file after a Divorec, just not while seperated.
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Old Apr 14th 2006, 7:06 pm
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Default Re: Possible marriage fraud...what to do?

Originally Posted by kariml
Ok maybe my wording is not clear, I'm sorry. Clearly this process is new to me. I do not believe anything was fraudulent in the beginning. Meaning I don't think he used to me to get in the country. I'm wondering if it is fraudulent to have sent in the I-751 attesting to our bona-fide marriage. He wanted a divorce long before we sent in the I-751. He admitted to have these feelings nearly a year ago. So I feel like it was planned. He knew he wanted a divorce and kept quiet until the paperwork was filed.
Hi:

Marriage fraud must be in the inception. An I-751 when a marriage is shaky is not fraud. Also, an I-751 when the couple is separated is not fraud. In fact, the INITIAL adjustment can be granted if the marriage was bona fide in its inception -- been there, done that, several times. In fact, on one case the US Citizen wife appeared for the interview one year after separating from her husband and she was six months pregnant.

[The several cases I've done with Los Angeles INS/CIS have been with spouses within "the industry" and its been no problem -- they know that "People" magazine exists].
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Old Apr 14th 2006, 7:34 pm
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Default Re: Possible marriage fraud...what to do?

kariml wrote:

    >>Hi:
    >>Your caption indicates "possible marriage fraud" -- but then you give
    >>a long story totally devoid of any suggestion of marriage fraud in
    >>YOUR marriage.
    >>Please clarify.
    >
    >
    > Ok maybe my wording is not clear, I'm sorry. Clearly this process is new
    > to me. I do not believe anything was fraudulent in the beginning.
    > Meaning I don't think he used to me to get in the country. I'm wondering
    > if it is fraudulent to have sent in the I-751 attesting to our bona-fide
    > marriage. He wanted a divorce long before we sent in the I-751. He
    > admitted to have these feelings nearly a year ago. So I feel like it was
    > planned. He knew he wanted a divorce and kept quiet until the paperwork
    > was filed.
    >

As someone else said YOU don't have to do anything. Your only problem
might be if you signed an affidavit of support.
 
Old Apr 14th 2006, 8:00 pm
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Default Re: Possible marriage fraud...what to do?

hey kari, just throwing in my 'so sorry' about the state of things. I send you wishes for a better tomorrow.
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Old Apr 15th 2006, 10:39 pm
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Default Re: Possible marriage fraud...what to do?

You must continue to fulfill the petitioner's responsibilities, i.e. make
full disclosure to your government as to the status of the filing and
marriage.

Inform the USCIS. There are several reason why including your petitioner
responsibilities.

Remember your civics learning and your place in the world as having advanced
citizenship.
If all was done in good and honest faith on both your parts their will be no
problem other than the extreme difficulty of following the immigration laws
of your country.
"kariml" <member10610@british_expats.com> wrote in message
news:[email protected] m...
    > Hi all, it's been quite awhile since I posted here.
    > I brought my husband over on a K1 in 2003 from Germany. About 7 or 8
    > months after our marriage, things started going downhill. No abuse or
    > cheating, it was just clear that my husband did not love me and wasn't
    > interested in building a marriage together. I tried for the next year
    > and a half to repair our marriage, but he would never recognize that
    > there was a problem. This is a very condensed version of our marital
    > problems, so I apologize. We moved from KY to VA (DC metro) last year
    > and filed his I-751 in Feb. The day after the petition was mailed my
    > husband told me he was no longer in love with me and wanted a divorce. I
    > have since moved back to KY while he remains in VA. He received a
    > pending letter extending his travel and employment, but has since moved
    > (within the same city) and filed a change of address form.
    > After having time to think about this it has become clear to me that I
    > was used. Maybe not to get into the country as I do believe he genuinely
    > cared for me, but he knew our marriage was falling apart and wanted out,
    > but waited until it was more convenient to tell me. My family is
    > extremely hurt as they included affidavits attesting to our bona-fide
    > marriage. I feel like I just basically lied to the federal government
    > and it makes me feel awful. I really don't know what to do. We can't
    > file for divorce until August, though.
    > Anyway, any advice on what I should do?
    > Thanks.
    > --
    > Posted via http://britishexpats.com
 


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