Friday 29 May 2015

CASE 2 - Immigration Marriage Fraud (Investigation) - PART 1

The main responsibility to investigate immigration marriage fraud is immigration department. Firstly, the officer will suspect the marriage fraud when a couple came to the immigration office. If the husband, a U.S. citizens, sponsored his wife for the Green Card or vice versa, entered the U.S. properly, with a visa, she allowed to’adjust her status’ in the U.S. So,it ‘s means that she would be a receiving her green card through her marriage withiut having to leave the country. Then, the application for adjustment of status though marriage was files, an an immigration interview date scheduled. This is normal interview conducted by the immigration officer. When the interview session, the officer will ask questions of both the husband and the wife, in order to determine if this marriage marriage is based on love or just for convenience. If the marriage is based on convenience, they were nervous and the husband usually kept on forgetting simple facts about the marriage. Apparently the officer began to suspect that this was marriage not for real, but the marriage entered just to get a green card. After that, the officer took the passport and stamped it with “245 interview”.  The, the officer informed to the spouse that they was not satisfied with the interview and will be notified the next instructions through the email.


After a months passed, the officer sent a letter to that spouse directing for a second interview called “Stokes” interview.  This interview will be conducted by the investigation units of USCIS. A Stokes interview is recorded and separated between husband and wife. The USCIS officer will thoroughly scrutinized the husband and wife in an attempt to arrive at the "truth." After all persons, including the attorney states his name and address the examiner asks whether any documents are being submitted in support of the petition. In a marriage case where marriage fraud is suspected, this interview is a good opportunity to "stuff" the record with documents and affidavits in your favor. Remember that the decision to deny or approve can only be based on the evidence in the record of proceeding. Examples of appropriate documents are: birth certificate of children, leases for apartments which indicate both names along with rent receipts, life insurance policy showing the spouse as beneficiary, joint bank account, cancelled checks showing both parties use the checkbook, joint credit cards, family medical insurance, letters from the employer (on their letterhead, signed by an official of the firm stating date employment began, marital status, and whom to notify in case of emergency), copy of income taxes (filed jointly if they were married at the time filing is required), and photographs of the wedding and other photographs since marriage.

         Once the documents are submitted, the actual interrogation of the couple really begins. First, one is taken into a room with only the immigration examiner and the immigration lawyer present. The examiner begins by initially asking innocuous and simple questions. Eventually the questions become more detailed, more personal delving into all aspects of the couples relationship. Questions range from who woke up first this morning to what side of the bed you sleep on. Questions about other family members, such as mother, father, sisters and brothers are common. They may even ask to see the keys in your pocket and ask what each key is used for. They may ask that you empty your wallet and look at the papers and documents you carry. They are always searching for discrepancies, such as a driver’s license with a different address.

to be continue.....

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