Investigation because of failed first marriage

H

happymarried

New Member
My first marriage on US citizen was almost 6 years ago. She is a daughter of my business partner. I was introduced to her in the office, and we’ve been meeting a lot in the office and at his home, we liked each other and within a few months we fell in love. We had a great time for the first couple of months, and everybody around us was approving our relationship, so we decided to get married.

Everything was fine in the beginning of our marriage, we were living together, and I applied for the green card. But a few months later I started noticing that she was behaving strangely. Later I found out that she was taking drugs. Then things really went downhill … she was arrested a few times, and I had to bail her out from jail (drugs possession charges and so on). At that time I learned from my business partner that he did not want to tell me that she was a drug user, because she has stopped for a while, and he thought that she would never start again. I decided to file for divorce and not even attend the interview.

After my divorce I married a beautiful women, we are happily married for 4 years now, we have a daughter 3 years of age. I got my green card without any problem and the interview was very short and simple. Now I applied for citizenship. My application was approved, but I had to go through 2 interviews. First agent did not approve me, but at the second interview a different agent approved my case. It’s been over 120 days since I got my approval, but an Oath Ceremony letter was not arriving. I went to the USCIS office to inquire about my case, and yet another agent told me that there’s a fraud investigation into my case and that my file is with supervisor and that they will probably reopen my case.

My first marriage was just FAILED, not FRAUD! As soon as I found out that she was a drug user, I decided to DIVORCE! What should I do? Any advice?
 
Plus, you did not obtain any immigration benefit from the first marriage, so it's strange.
Probably having married 2 different US citizens and having applied for green cards both times is an automatic red flag in their adjudication procedure.
I hope they get to talk to you and straight those issues up.
Good luck!
 
Yep I definatly don't think this has anything to do with the first marriage, but marrying a 2nd US citizen. How many years after the divorce did you get married again?
 
I know about a case A got married to US citizen and did not got his GC based on marriage. He attached divorce paper with N400.He filed N400 and was approved in 4 months from Newark DO.
 
How does USCIS conduct such investigation? It does not seem they have requested you to send in any evidence and documents. Do they send our their own field agent to do investigation without your knowlwdge? I doubt they have such resources
 
WBH said:
Can USCIS argue they care only about the intent not actual results?
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@happymarried

Intent is crucial to a fraud case. Without Intent, there is no fraud. However, it is up to USCIS to prove that the intent existed.

E.g. if you married the first woman awfully close to your visa expiration date, then divorced her after a few months and married another woman soon after the divorce, it could cause a reasonable person to assume that the initial marriage was fraudulent. (and the initial extension of stay - EAD etc. were immigration benefits based on a lie)

But, if the original marriage was legit, you probably have your wedding album, joint bills, vacation pics etc to prove that even though the original marriage failed, the failure was due to unforeseen circumstances that presented themselves during the marriage.
 
WBH said:
Can USCIS argue they care only about the intent not actual results?
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Here is the exact question:
Have you ever given false or misleading information to any U.S. government official while applying for any immigration benefit or to prevent deportation...?

It appears that irrespective of the results, once you lie on the application, you're in trouble.

BTW, I'm not suggesting that happymarried lied on the original GC application - only that the infraction occurs at the time of filing - the outcome is immaterial (or worse if you actually accepted the benefit based on the false information)
 
Interesting.. I didn't realize how serious it is. It seems to me that getting an approval based on 3-year rule (marriage) is more difficult than getting an approval based on 5-year rule.

Happymarried, if they don't approve your case, you can still apply again under 5-year rule unless they revoke your green card.
 
Happy,

First of all, your business partner is an idiot who clearly has no interest in your well-being. Full disclosure is required in all my business dealings, if her daughter had cut some other guys's balls previously, he wouldn't have told you, till she attempts to clip yours?:confused: I believe substance abuse is a strong impediment to any relationship, so I suspect that having known this information beforehand, you would have opted not to be bothered by this girl...:rolleyes: I wonder what else your business partner is withholding from you as it relates to your business relationship..:rolleyes:

In my view, USCIS has a burden of proof which is high and doubt that they will prevail in denying you the citizenship. However, did you indicate to them that you were divorced when you filed for GC under this current marriage? Additionally, did you close the first case with them? In my view, reading what you posted here, I cannot see any reason why they would accuse you of fraud, because if your wife was a drug eater that has nothing to do with you. How long after you divorced her did you remarry? What type of visa where you holding prior to your 1st marriage and in-between the first and second marriage?:confused:
 
happymarried said:
My first marriage on US citizen was almost 6 years ago. She is a daughter of my business partner. I was introduced to her in the office, and we’ve been meeting a lot in the office and at his home, we liked each other and within a few months we fell in love. We had a great time for the first couple of months, and everybody around us was approving our relationship, so we decided to get married.

Everything was fine in the beginning of our marriage, we were living together, and I applied for the green card. But a few months later I started noticing that she was behaving strangely. Later I found out that she was taking drugs. Then things really went downhill … she was arrested a few times, and I had to bail her out from jail (drugs possession charges and so on). At that time I learned from my business partner that he did not want to tell me that she was a drug user, because she has stopped for a while, and he thought that she would never start again. I decided to file for divorce and not even attend the interview.

After my divorce I married a beautiful women, we are happily married for 4 years now, we have a daughter 3 years of age. I got my green card without any problem and the interview was very short and simple. Now I applied for citizenship. My application was approved, but I had to go through 2 interviews. First agent did not approve me, but at the second interview a different agent approved my case. It’s been over 120 days since I got my approval, but an Oath Ceremony letter was not arriving. I went to the USCIS office to inquire about my case, and yet another agent told me that there’s a fraud investigation into my case and that my file is with supervisor and that they will probably reopen my case.

My first marriage was just FAILED, not FRAUD! As soon as I found out that she was a drug user, I decided to DIVORCE! What should I do? Any advice?
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I read your story again. I have two questions.

1) Did you apply for your green card under first marriage? If so, they probably wondered why you were divorced at the first place after you got your gc and then married someone else so it is their job to investigate. You should have applied based on 5 year rule, but I am not sure if it doesn't matter. but don't worry. you will be approved because you didn't do anything wrong. just that it is their job to investigate. I agree with Al Southner that your business partner is an idiot. Don't deal with him anymore. He should have told you the truth. He cost you troubles with immigration.

2) What visa did you have before you got married for the first time?

If they want you to come for immigration hearing, you can tell what happened. Just be honest.
 
happymarried said:
My first marriage was just FAILED, not FRAUD! As soon as I found out that she was a drug user, I decided to DIVORCE! What should I do? Any advice?
Click to expand...


So you applied for GC under first wife, never went to GC interview but got conditions removed anyways after you were divorced? Or did you reapply for another GC with second wife? Considering you were married twice and both marriages involve obtaining an immigration benefit, it raised a red flag for USCIS to investigate. It doesn't mean they think you committed fraud, but they launched an investigation as standard process due to the high incidence of fraud in marriage cases.
 
Bobsmyth said:
So you applied for GC under first wife, never went to GC interview but got conditions removed anyways after you were divorced? Or did you reapply for another GC with second wife? Considering you were married twice and both marriages involve obtaining an immigration benefit, it raised a red flag for USCIS to investigate. It doesn't mean they think you committed fraud, but they launched an investigation as standard process due to the high incidence of fraud in marriage cases.
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Bob,

I gather he didn't get the GC in the first marriage, because he never went for the interview. He applied for the GC under the second wife. Given that both cases involve applying for immigration benefit, USCIS is just making sure he's a fraud...:rolleyes:
 
Al Southner said:
Given that both cases involve applying for immigration benefit, USCIS is just making sure he's a fraud...:rolleyes:
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I guess you mean "making sure he's not a fraud".

Bear in mind, a majority of the fraud investigations might be to prove that it is not a fraud, as against going after someone. I get my credit card referred to fraud investigation unit every few months because I travel and do not inform them. Their unit is called fraud investigation and their prime business is just validating some information and clearing the fraud, I think the number of real fraud cases is comparatively small (but non-zero). I think CIS will have a similar division, with similar case distribution (genuine vs fraudulent).

Why am I mentioning this? I think your bigger worry is the tension created by the word FRAUD rather than the genuineness (or not) of your case. Don't worry, just start collating data which you will use to answer their investigation.
 
sanjoseaug20 said:
I guess you mean "making sure he's not a fraud".

Bear in mind, a majority of the fraud investigations might be to prove that it is not a fraud, as against going after someone. I get my credit card referred to fraud investigation unit every few months because I travel and do not inform them. Their unit is called fraud investigation and their prime business is just validating some information and clearing the fraud, I think the number of real fraud cases is comparatively small (but non-zero). I think CIS will have a similar division, with similar case distribution (genuine vs fraudulent).

Why am I mentioning this? I think your bigger worry is the tension created by the word FRAUD rather than the genuineness (or not) of your case. Don't worry, just start collating data which you will use to answer their investigation.
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San,

Yes. I meant to say that he's NOT a fraud...;)
 
Thanks eveyrbody for your replies. I did not get GC through my first marriage. Just few months into our marriage she started to take drugs. I tried helping her as much as I could, she even got arrested twice and I bailed her out. I also sent her to rehab a few times, but nothing worked. I decided to quit on her. Since I did not even go to the interview, I just filed for a divorce. While I was waiting for my divorce papers, I got together with my current wife, and we married pretty much as soon as my divorce was final (she was already pregnant with my daughter). So, that's the story ... by the way, he is still my buiness partner, but even though our business is very successful and he not done anything against me since, I hold this against him ...
 
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