Mark Slater

This may be a long post, but I'm hoping people will be patient with
me. I have no idea how to handle this situation...

I filed the fiancee visa petition in the middle of January, and it was
approved after 3 months. My fiancee had some trouble getting her
police reports from the country where she went to college, and we
misunderstood the procedure for getting the interview date (expecting
the embassy to call her, rather than the other way around); the end
result is that her interview was not conducted until late september
(this was cleared with the embassy with a faxed letter from me asking
for an extension and stating that we still want to be married).

At the interview, my fiancee (lets call her April) was asked one
question related to her relationship with me (they made sure she knew
my mother's name). After that, they spent about 15 minutes asking her
questions about her sister's status (and we'll call her sister Julie).
At the end of the interview, they asked her to get an official letter
from BCIS in the US regarding her sister's status, and a notarized
letter from me asking for another extension. I spoke with the consul,
and he said the problem was that her sister has been accused of
marriage fraud by her US citizen husband (he can be called Zack), and
they are concerned that my fiancee and I are getting married
fraudulently. So, along with the documents they requested, I wrote a
letter detailing my friendship with Julie, how she came to introduce
me to April, and pointed out that, if nothing else, since I knew Julie
long before she met Zack, if Julie I were the type of people willing
to enter into a fraudulent marriage, we probably would have been
married and divorced long ago. After receiving my letter, the consul
said they were satisfied that I am not trying to deceive them, but
they still have concerns about April. Their solution was not to reject
the visa, but to send it back to BCIS for "confirmation". This was in
late October.

A few days ago, I discovered the real reason for the consul's concern.
Julie also entered the US on a K1 visa. She had been here on a student
visa, and when she and Zack decided to get married, an INS window
person mistakenly told them that Julie would have to go home and Zack
would have to file a K1 petition. Since Julie's return last year, they
have had numerous problems with their marriage. They've been fighting
almost constantly, but I think Zack's fault is somewhat larger than
Julie's (maybe 65/35 or so). In some cases, Zack has taken his anger
out on Julie's car, taking it to a remote lot and wrecking it (he was
caught the second time). Zack has also written numerous letters to the
local BCIS office telling them about his wife's "issues", and
"instabilities". In January, he wrote a letter to BCIS asking them to
withdraw his affidavit of support, and in the same letter accused
April and I of attempting to enter into a fraudulent marriage - this
was within two weeks of the day I filed the K1 visa, and the first
time Julie's car was stolen and trashed. Four days later, he wrote a
letter saying that he'd been hasty and that they were going to try to
work it out... with no mention of April and I. In April, he wrote
another letter - this time to the embassy - and signed it "a concerned
citizen"; the contents said, again, that April and I are entering into
a fraudulent marriage and they should deny our visa. Within two weeks
of the date on that letter, Julie's car was again stolen and
vandalized (this time Zack was caught in the act by a private security
guard). In August, after Julie's AOS had been denied, Zack wrote a
third letter - again to the embassy - which said the same things
again, but this time he signed it himself. With the third letter, he
included the INS letter that said Julie's AOS had been denied because
Zack withdrew his affidavit of support, and accused Julie of marriage
fraud (I've since seen the entire statement, and it also includes a
paragraph to BCIS about April and me). All of these letters have only
come to light in the last week. Julie filed for divorce a little while
ago, and Zack included these letters in his response documents. There
may be others that I'm unaware of, as well as verbal statements made
to BCIS.

(Now's the part where I wrap up).

Now I'm trying to find out how to counteract the statements made by
Zack to BCIS and the embassy. It's obvious to me that Zack's purpose
in all of this is to hurt Julie more by denying her as much of a
family support group as he possibly can, but as far as I can see, BCIS
has never done any investigation into his claims, nor has he provided
any evidence to back his words up. The only thing he has ever said
related to this is that when Julie first told him that April and I are
getting married, she said something along the lines of "My sister's
coming here to be with me." (Julie claims it was closer to "My
sister's going to be here with me."). Maybe the obvious answer to this
is "get a lawyer", but I'm hoping to be able to avoid that expense
(I'm a grad student, and while I make enough to live, it's not like I
have a few thousand dollars sitting in my account). Is there anything
that I might be able to do on my own?

Mrraveltay

Provide the consulate with all of the evidence you have on Zaxk's
character. It sounds like you have some. Were police reports filed?
If not, why not?

Sue Sue Sue
If you can't hire a lawyer, try yourself.

At least talk to CIS and the State Department regarding the filing of
criminalcharges for making false statements.

Cbreitel

(Mark Slater) wrote in message news:<>...
    > This may be a long post, but I'm hoping people will be patient with
    > me. I have no idea how to handle this situation...
    >
    > I filed the fiancee visa petition in the middle of January, and it was
    > approved after 3 months. My fiancee had some trouble getting her
    > police reports from the country where she went to college, and we
    > misunderstood the procedure for getting the interview date (expecting
    > the embassy to call her, rather than the other way around); the end
    > result is that her interview was not conducted until late september
    > (this was cleared with the embassy with a faxed letter from me asking
    > for an extension and stating that we still want to be married).
    >
    > At the interview, my fiancee (lets call her April) was asked one
    > question related to her relationship with me (they made sure she knew
    > my mother's name). After that, they spent about 15 minutes asking her
    > questions about her sister's status (and we'll call her sister Julie).
    > At the end of the interview, they asked her to get an official letter
    > from BCIS in the US regarding her sister's status, and a notarized
    > letter from me asking for another extension. I spoke with the consul,
    > and he said the problem was that her sister has been accused of
    > marriage fraud by her US citizen husband (he can be called Zack), and
    > they are concerned that my fiancee and I are getting married
    > fraudulently. So, along with the documents they requested, I wrote a
    > letter detailing my friendship with Julie, how she came to introduce
    > me to April, and pointed out that, if nothing else, since I knew Julie
    > long before she met Zack, if Julie I were the type of people willing
    > to enter into a fraudulent marriage, we probably would have been
    > married and divorced long ago. After receiving my letter, the consul
    > said they were satisfied that I am not trying to deceive them, but
    > they still have concerns about April. Their solution was not to reject
    > the visa, but to send it back to BCIS for "confirmation". This was in
    > late October.
    >
    > A few days ago, I discovered the real reason for the consul's concern.
    > Julie also entered the US on a K1 visa. She had been here on a student
    > visa, and when she and Zack decided to get married, an INS window
    > person mistakenly told them that Julie would have to go home and Zack
    > would have to file a K1 petition. Since Julie's return last year, they
    > have had numerous problems with their marriage. They've been fighting
    > almost constantly, but I think Zack's fault is somewhat larger than
    > Julie's (maybe 65/35 or so). In some cases, Zack has taken his anger
    > out on Julie's car, taking it to a remote lot and wrecking it (he was
    > caught the second time). Zack has also written numerous letters to the
    > local BCIS office telling them about his wife's "issues", and
    > "instabilities". In January, he wrote a letter to BCIS asking them to
    > withdraw his affidavit of support, and in the same letter accused
    > April and I of attempting to enter into a fraudulent marriage - this
    > was within two weeks of the day I filed the K1 visa, and the first
    > time Julie's car was stolen and trashed. Four days later, he wrote a
    > letter saying that he'd been hasty and that they were going to try to
    > work it out... with no mention of April and I. In April, he wrote
    > another letter - this time to the embassy - and signed it "a concerned
    > citizen"; the contents said, again, that April and I are entering into
    > a fraudulent marriage and they should deny our visa. Within two weeks
    > of the date on that letter, Julie's car was again stolen and
    > vandalized (this time Zack was caught in the act by a private security
    > guard). In August, after Julie's AOS had been denied, Zack wrote a
    > third letter - again to the embassy - which said the same things
    > again, but this time he signed it himself. With the third letter, he
    > included the INS letter that said Julie's AOS had been denied because
    > Zack withdrew his affidavit of support, and accused Julie of marriage
    > fraud (I've since seen the entire statement, and it also includes a
    > paragraph to BCIS about April and me). All of these letters have only
    > come to light in the last week. Julie filed for divorce a little while
    > ago, and Zack included these letters in his response documents. There
    > may be others that I'm unaware of, as well as verbal statements made
    > to BCIS.
    >
    > (Now's the part where I wrap up).
    >
    > Now I'm trying to find out how to counteract the statements made by
    > Zack to BCIS and the embassy. It's obvious to me that Zack's purpose
    > in all of this is to hurt Julie more by denying her as much of a
    > family support group as he possibly can, but as far as I can see, BCIS
    > has never done any investigation into his claims, nor has he provided
    > any evidence to back his words up. The only thing he has ever said
    > related to this is that when Julie first told him that April and I are
    > getting married, she said something along the lines of "My sister's
    > coming here to be with me." (Julie claims it was closer to "My
    > sister's going to be here with me."). Maybe the obvious answer to this
    > is "get a lawyer", but I'm hoping to be able to avoid that expense
    > (I'm a grad student, and while I make enough to live, it's not like I
    > have a few thousand dollars sitting in my account). Is there anything
    > that I might be able to do on my own?

I'm sorry, but you are already in deep water, and your struggle will
only get harder without a good lawyer.

You should also consider a separate potential lawsuit (or threats to
file a lawsuit) against "Zack". Taking all of your allegations as
true, he has possibly committed the torts of defamation, intentional
infliction of emotional distress, and abuse of process. (Varying on
which state you live in).