EP33: 10 Reasons USCIS Suspects Immigration Fraud

When I first submitted my I-129F petition to USCIS, I was terrified of being denied the K1 visa. I felt as if my entire life was on the line and USCIS had all the power! In this podcast episode, we learn the 10 reasons USCIS suspects immigration fraud and what you can do about it.

If you’re wondering whether your case will trigger a red flag, then listen up!

Many couples going through the spouse visa or fiance visa process are concern about a denial. They have every right to be since the process isn’t always transparent.

But, after listening to this podcast, you will feel a lot more comfortable about your odds of visa approval!

You Have No Shared Language

Communication is important in any relationship but more so if you are in a long-distance relationship.

If you and your partner do not share a common language, that may set off red flags with USCIS. They will wonder how you got together and whether you know each other well enough to file a visa or get married.

So, how do you overcome this reason for denial?

Try to show exactly how you have been communicating. If it’s through a translator, show this. If you are learning each other language now, prove it!

The best way to overcome suspicion of immigration fraud to provide evidence to show the opposite.

You Have A Big Difference In Age

Having an age difference between you isn’t an issue unless there is another red flag in your case.
When combined with other red flags, you are more likely to have a difficult interview and higher chance of administrative processing. Luckily, an age difference alone isn’t a cause for concern unless the age difference is 25 years or more.

How do you overcome the age difference red flag?

To overcome your large age gap, you should include additional evidence that your relationship is real. This can be emails, photos, chats, affidavits from friends and family etc…
If USCIS suspects immigration fraud

You Have A Difference In Religion

Sharing the same faith isn’t a requirement of USCIS, so don’t get me wrong here! But, I will say that they will look at your relationship closer if you are each from vastly different religious backgrounds.
This is because religion is so fundamental in many peoples lives, USCIS will wonder whether the purpose of your relationship is getting a green card.

How can you overcome the type of red flag?

The best way to overcome the scrutiny of following different faiths is to show that your family accepts it.

Another way is to show that it doesn’t affect your relationship or marriage. Additionally, if neither of you are religious, you could write statements explaining this as well.

Different Social Class or Cultural Background

A couple that have two different backgrounds can sometimes trigger a red flag. This is usually the case if one of you is much worse off than the other.

USCIS may assume that the wealthier person is paying money to the other in exchange for something. But I will say that this usually isn’t the only reason your case would be denied but it can cause them to take a closer look at your relationship.

How to overcome a different in class or background?

To prove that your relationship is real even with a difference in class and culture background you should include evidence showing that it wasn’t the reason you got together.

Show that money was not exchanged and that you have known each other for a while before deciding to get married or engaged.

Having A Secret Marriage No One Knows About

Secret marriages are more common than you think! I’ve heard of foreigners not telling their family and friends that they married a US citizen…

Why would they do this?

Sometimes they either have a spouse or children in their home country or they plan on divorcing as soon as they get a green card. No wonder USCIS suspects immigration fraud in these situations!

How can you overcome the suspicion of a secret marriage?

The best way to overcome this is to show that all of your family and friends are aware of your marriage. To do this, include affidavits from them and photos of you together with your family.

Even if you want to keep your relationship private, it may come off as being secretive so be careful.

Getting Marriage Soon After You Met

The good news is that there is no specific timeframe for dating.

But, USCIS wants to see that you didn’t rush into marriage or engagement after a few weeks of knowing each other. Maybe they don’t believe in love at first sight. ????

A short courtship can be a major red flag especially if you also have another red flag such as difference in age and religion.

How can you overcome a short courtship?

To avoid suspicions of immigration fraud due to a shorter courtship you should try to provide enough evidence to show your relationship is genuine.

This can mean including lots of photos, receipts for trips, plans for the future, affidavits from family and friends, etc.

Related Post: How getting married on the first visit affects your visa!

Getting Married Soon After Your Divorce

USCIS suspects immigration fraud

With divorce rates hovering around 50% in the US, it’s no surprise that many petitioners have been previously married.

But, getting engaged or married to your foreign love just weeks after your divorce will give off serious red flags! Not only will the short courtship garner suspicion but how soon you petition for them after the divorce can be a big problem.

How to overcome suspicion of fraud after a recent divorce?

The best way to avoid suspicion of fraud due to a recent divorce is to not get married so quickly after a divorce!

Another option is to show that you knew each other long before your divorce but be careful because if you are seen to have had an affair, it could turn off the consular officer.

Related Post: What to do if you divorce after the K1 visa process!

Petitioner Had Multiple Petitions In The Past

Multiple previous K1 or CR1 visa applications can be a red flag for USCIS. They will dig into your past to find out why the previous marriage didn’t work out.

If you’ve petitioned for a foreign spouse or fiance in the past, expect lots of questions about what happened!

How to avoid red flags related to multiple petitions?

The overcome this red flag you should show that your last relationship was genuine and you broke up for valid reasons. This may seem ridiculous but your immigration history does matter in this situation.

You Have No Children Together

Whether you have children with your partner or not isn’t going to be the main reason for denial or administrative processing.

But, it can be a factor in a negative outcome of your case. It may also depend on how long you’ve dated or been married and the reason for not having children. (For example, infertility or you’ve both chosen not to have children)

How to overcome questions about not having children together?
You may be asked why you don’t have children together at the interview. The best way to respond is by being honest about the reason.
  • “We want to wait to have children”
  • “We have chosen not to have children”
  • “We have tried but haven’t had much luck getting pregnant”

US Citizen Is In The Poor House (Unemployed)

One big reason USCIS may suspect immigration fraud is if the US citizen is being paid to sponsor someone overseas. When there may be a financial incentive, then there is a higher likelihood of fraud.

But an unemployed petitioner doesn’t always set off red flags, especially if it’s temporary and they’ve been working in the past.

This mainly affects petitioners that haven’t held down a job for years and live with family to support them without being a student.

How do you overcome suspicion of fraud due to unemployment?

You can overcome this by showing that you’ve worked in the recent past and that you have the funds available to support yourself and your beneficiary. You can also show that you’ve been looking for employment and your situation will improve soon.

Related Post: Applying for a visa when petitioner is unemployed!

Final Thoughts On USCIS Suspects Immigration Fraud

One of the worst things that can happen for your case is when USCIS suspects of immigration fraud. You’ll then have an uphill battle to convince them otherwise.
The best way to avoid this type of issue is to avoid it in the first place. This is why the initial petition is so very important that you get it right from the beginning!
Lastly, if your case is suspected of immigration fraud, you should submit any additional documents that are requested. In addition to this, make sure that you and your partner are completely honest when answering questions at the interview.

Are you worried about submitting case that could be denied? It’s time you got some help putting together a strong case and preparing for the visa interview! Join the Migrant Academy today and let’s get started.

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