anxious2b

My husband came over on a K3 visa and he deserted me only after 2 week here in the states. He say he is in virgin island working. We have not file for his AOS/EAD. Do any of you think this is a case of marriage fraud? Do you have any ideal what i can do to report this to the right authorities? I have wrote TSC to withdraw my petiton i-130 and seeking to get a divorce immediately. I would like to hear from anyone who have any suggestion or advice what can or will be done. thanks in advance.

Leslie

Do YOU think this is a case of marriage fraud? You know a lot more about it than we do. If you are seeking divorce, it sounds like you've already made up your mind.

Leslie

Folinskyinla

Hi:

Sorry to hear about what happend.

I have no idea if its marriage fraud or not. However, the I-130 is definitely dead -- you killed it as is your right.

This may sound weird, but his leaving you long BEFORE obtaining a green card is an idicia that the marriage was NOT fraudulent. There is case law to this effect.

esandstr

Sorry, to divert from the original post's course, Folinskyinla, but you just have to explain that one! I really do enjoy reading the more detailed explanations for some of the immigration law-problems (maybe I should have studied law in stead), and I'd love to learn something new

Thanks,
Eiolf

Folinskyinla

1. She withdrew the I-130, he can't file for adjustment based upon it.


2. There is a case from the Board of Immigration Appeals -- don't recall the name off the top of my head -- the alien beneficiary of the I-130 was being petitined for on his third marriage.

Marriage #1 had been in Egypt -- two kids, ended in divorce.

Marriage #2 was to a US citizen -- I-130 filed along with I-485. Before case is completed, marriage ends in divorce and I-130 and 485 are withdrawn.

Marriage #3 to another US citizen -- INS says that prior marriage didn't appear to be have been bona fide and therefore section 204(c) prevented approval of the new I-130. Section 204(c) states that if you attempt to get a green card based upon a marriage which is found to have been fraudulent, no future I-130 [or I-140 or 360 for that matter] can be approved.

The BIA noted that there was insufficient evidence to show that marriage #2 was fraudulent -- and that the fact that divorce happened BEFORE he obtained any benefit tended to show it was bona fide.

The California case law has a nullity case on basis of fraud on the wife to get a green card -- called Marriage of Rabie. The evidence there was that Manoucher Rabie dumped his wife as "being too fat" RIGHT AFTER he got his green card and then returned to his former girl friend.

jeffreyhy

Eiolf,

I don't know what the law says, but my logic tells me that if the husband had entered into the marriage fraudulantly, in order to obtain a 'Green Card', then he would have stayed in the marriage until the card was obtained. After obtaining the card, then he would have left.

Since he did not stay in the marriage long enough to obtain the 'Green Card', then he must have entered into the marriage for some other reason.

Regards, JEff

Pallyn

If the alien is from a country where tourist/business visas are hard to get, the entry can be enough. If the alien had family already in the US, they will be absorbed into the illegal community, found an illegal job, etc, and probably be better off financially than they were at home. They just can't leave. It is so bad coming out of Jamaica that my mother-in-law was surprised that he could come back to visit. She had known so many situations where someone left for the US and never came back, that she thought that was the way things worked. She is so amazed and proud that her son can come and go she just doesn't know what to do with herself. Really.
I have noticed that the time frame on these stories is usually about two weeks. Maybe that is how long it takes to contact the relatives?
At least the alien is settling for the entry and not dragging the citizen through a charade of a marriage for too long.

Michael

Folinskyinla <member@british_expats.com> wrote in message news:<[email protected]>...
    > >
    >
    > This may sound weird, but his leaving you long BEFORE obtaining a green
    > card is an idicia that the marriage was NOT fraudulent. There is case
    > law to this effect.

Hey Foliksymbol;

Stop peddling your immigration practice here and give honest advice.
Clearly this guy used this person as a ticket to the USA. These
grints think they are smart but fact is they don't understand anything
and these shyster lawyers lie to them and give them false hope
pretending that they can get away with scamming Americans.

Mrtravel

esandstr wrote:
    > Originally posted by Folinskyinla

    >>This may sound weird, but his leaving you long BEFORE obtaining a
    >>green card is an idicia that the marriage was NOT fraudulent. There
    >>is case law to this effect.
    >
    >
    > Sorry, to divert from the original post's course, Folinskyinla, but
    > you just have to explain that one!

If the goal was marriage to obtain a green card, then it would seem
logical that he would remain in the marriage to obtain the green card.
A K-3 to a green card is quite a step, especially after running away
from your wife......... But, I am curious about the legal issue too.

After all, the marriage could have be fraudulent to get any kind of
visa, maybe the goal wasn't a green card..

anxious2b

That is where he is from Jamaica. ( May Pen,Clarendon). I would not lie to make people feel sorry for me, but if that was his true intension all alone and had I knew I would have not sent all my personal information over to him to help him get a visa. I could have found a scammer in the states. He married me to get out of his country to get a better life and then decided that he was not happy here. I would have preferred if he returned home to his country instead of going to live elsewhere and traveling off the visa that I help him attain, I feel like such a idiot.

anxious2b

I say it is a fraud, because he stayed with me long enough to obtain his K3 visa and then he just left without notice. I know that he didn't get the greencard as yet but what about the visa. He would have not gotten it without me. So do you believe that was not a sham or NOT fraudulent

Folinskyinla

Hi:

I wrote "I have no idea." I still don't. It may have been fraudulent. It may have been on the up and up and he just didn't like living with you. I have no way to judge and its not my place to judge anyways.

Repeat: "I have no idea".

Alecca

INS???? :P

Folinskyinla

Hi:

The "INS" did not cease to exist until March 1, 2003 -- THIS YEAR. Yes, it was INS who said that.

lpdiver

It's not your problem as to fraud or not. You state you are seeking a divorce and that you have notified the service center. I suspect that you have fulfilled your responsibilities to the gov't. Concentrate on your divorce and don't think along lines of revenge. Learn and move on.