How to locate an ex?

[Robg8888]

First off, I am so sorry Eric for your issue you have to deal with now. To the forum.......My fiance was married for 1 year,and divorced 8 years ago. She said that she has no idea where he is. No address, no phone number. Any suggestions on tracking him down? I mean.....8 years has passed....certainly a long time to wait to try to pull off a scam.

[david_dawei]

I just want to state that in Eric's case, and a few others over the last year or so, these are what are called "third party correspondence" and a search will turn up some info. The few incidence of CFLs having this were not because of the former spouse (if my memory serves me right), but from a 'service' or similar...

 

The key is that, as hard as this seems, that your SO should NOT have any contact with business that can 'help' her and should NOT tell really anyone about her plans to get a visa and leave china for the US.

 

Your question is a good one. I would start with his family, since they have probably not moved.

[xtal]

It seems that the focus falls a lot on the applicant's ex. But what about any previous marriages from the petitioner? Do those ever matter in this process?

[Guest ShaQuaNew]

It seems that the focus falls a lot on the applicant's ex. But what about any previous marriages from the petitioner? Do those ever matter in this process?

157153[/snapback]

Both the petitioner and beneficiary must prove by certified and documented evidence that they are free to marry. Documents must show that previous marriages ended either in legal divorce or death.

 

If there are underage children involved there must be a clear order as to who retains custody.

[xtal]

It seems that the focus falls a lot on the applicant's ex. But what about any previous marriages from the petitioner? Do those ever matter in this process?

157153[/snapback]

Both the petitioner and beneficiary must prove by certified and documented evidence that they are free to marry. Documents must show that previous marriages ended either in legal divorce or death.

 

If there are underage children involved there must be a clear order as to who retains custody.

157154[/snapback]

True, but I'm thinking of esun41's case (I believe Eric) and the overcome evidence that is asked of them:

 

19. The consulate has insufficient evidence about the residency of the following people marked with an X. Petitioners ex-spouse and your ex-spouse were both X'd

 

I'm sure they submitted divorce decrees and all that stuff - but then they want proof of her (and his?) ex's whereabouts.

 

My question is - can the same thing (or any other difficulty) occur if the petitioner was married before (even though all the right paperwork was submitted)? It maddens me that it is made so difficult for people who love eachother but such is the way of things and we just have to deal with it.

[Guest ShaQuaNew]

My reply was addressing the topic of this post. It gets very confusing when one attempts to address issues and topics discussed in another thread. If you have a suggestion or addition I suggest that you post it on that thread.

[frank1538]

Let me paint two scams involving ex spouses.

 

1. A married Chinese woman sees the family based visa as an opportunity. She and her husband divorce. She finds an unsuspecting USC whom she dupes into petitioning and possibly marrying. She arrives in the US, either on a K-1, K-3, CR-1, or IR-1. Subsequently, she divorces her American husband and later files an I-130 for her Chinese ex.

 

2. A USC divorces his American wife in order to petition and facilitate a visa for a Chinese woman. The ex wife may even be complicit in the fraud. Typically, the USC will be nicely compensated. After her arrival, she either marries/divorces her American husband and/or fades into the masses

 

In both of these situations, the role of the ex plays a part, and an inquiry as to his or her whereabouts might be appropriate. Further, the timing of either party's divorce might shed further light on the situation. However, and I can't stress this enough, the fact that either party has been divorced, should not, by itself, raise a flag.

 

In a perverted sort of way, Eric's non acrimonious post divorce relationship with his ex spouse might be construed as conforming to the 2nd type of scam.

[Guest ShaQuaNew]

In a perverted sort of way, Eric's non acrimonious post divorce relationship with his ex spouse might be construed as conforming to the 2nd type of scam.

157169[/snapback]

Frank, are there links to threads here on this site that can help us better understand the history?

[Robg8888]

Let me paint two scams involving ex spouses. 

 

1.  A married Chinese woman sees the family based visa as an opportunity.  She and her husband divorce.  She finds an unsuspecting USC whom she dupes into petitioning and possibly marrying.  She arrives in the US, either on a K-1, K-3, CR-1, or IR-1.  Subsequently, she divorces her American husband and later files an I-130 for her Chinese ex.

 

2.  A USC divorces his American wife in order to petition and facilitate a visa for a Chinese woman.  The ex wife may even be complicit in the fraud.  Typically, the USC will be nicely compensated.  After her arrival, she either marries/divorces her American husband and/or fades into the masses

 

In both of these situations, the role of the ex plays a part, and an inquiry as to his or her whereabouts might be appropriate.  Further, the timing of either party's divorce might shed further light on the situation.  However, and I can't stress this enough, the fact that either party has been divorced, should not, by itself, raise a flag.

 

In a perverted sort of way, Eric's non acrimonious post divorce relationship with his ex spouse might be construed as conforming to the 2nd type of scam.

157169[/snapback]

So Frank, in my/our situation it sounds like we shouldn't have a problem. Ya' think? Matter of fact, I think a scammer would probably offer up the ex's whereabouts quickly to ensure the process. In my fiance's situation, she has NO idea of his location. They divorced 8 years ago (that she can easily document). So, it would seem rediculous to think that she could be trying to scam......8 years after divorcing! Not exactly a divorce to accomidate a scam type time frame. By the way, hats off to your knowledge on all of these subjects. You are really on top of this process, and your imput it greatly appreciated.

[xtal]

Let me paint two scams involving ex spouses. 

 

1.  A married Chinese woman sees the family based visa as an opportunity.  She and her husband divorce.  She finds an unsuspecting USC whom she dupes into petitioning and possibly marrying.  She arrives in the US, either on a K-1, K-3, CR-1, or IR-1.  Subsequently, she divorces her American husband and later files an I-130 for her Chinese ex.

 

2.  A USC divorces his American wife in order to petition and facilitate a visa for a Chinese woman.  The ex wife may even be complicit in the fraud.  Typically, the USC will be nicely compensated.  After her arrival, she either marries/divorces her American husband and/or fades into the masses

 

In both of these situations, the role of the ex plays a part, and an inquiry as to his or her whereabouts might be appropriate.  Further, the timing of either party's divorce might shed further light on the situation.  However, and I can't stress this enough, the fact that either party has been divorced, should not, by itself, raise a flag.

 

In a perverted sort of way, Eric's non acrimonious post divorce relationship with his ex spouse might be construed as conforming to the 2nd type of scam.

157169[/snapback]

Thanks Frank - those are good and helpful points. But I could see that red flags might be raised if the time between a divorce, on either end (applicant or petitioner) and a new marriage and/or the start of some immigration proceeding is relatively short. If this is so, then I would think that this should not be a problem for Robq8888 since the divorce there was over 8 years ago.

[Guest Gene]

The message that should be gotten out of this is " Hope for the Best....prepare for the worst" have all of your options somewhat planned and to learn from what has happened to others. The majority of the petitions seem to go through with minimal interview questions or problems and if there were certain "Red flags" that would signal a more indebt interview or deeper background check we would have figured them out, but so would have the people that try to use fraudulent ways to get here.

 

Our case, I think had a few "Red Flags" and the interview was two minutes and the only document asked for was the letter from my employer. She carried in 40 pounds of "evidence" though and I had brought another 10 pounds of backup material in case we had problems.

 

It's the Luck of the Draw

[warpedbored]

.  A married Chinese woman sees the family based visa as an opportunity.  She and her husband divorce.  She finds an unsuspecting USC whom she dupes into petitioning and possibly marrying.  She arrives in the US, either on a K-1, K-3, CR-1, or IR-1.  Subsequently, she divorces her American husband and later files an I-130 for her Chinese ex.

 

 

Correct me if I am wrong Frank but I don't believe a non US citizen can file an I-130. They fall under the same umbrella as resident aliens briinging umarried sons or daughters over. It is a quota system and takes from 2 - 10 years depending on the country they are from and the number of visas available in a given year. In order to file an I-130 to bring the Chinese ex over she would first have to come here and adjust status as being a resident alien married to a US Citizen, wait out the 2 year conditions or file on the abuse exception wait another 2-3 years to become a naturalized citizen. A very long term proposition I doubt many scammers would have the patience for.

Edited September 27, 2005 by warpedbored (see edit history)

[Guest Gene]

But I could see that red flags might be raised if the time between a divorce, on either end (applicant or petitioner) and a new marriage and/or the start of some immigration proceeding is relatively short. If this is so, then I would think that this should not be a problem for Robq8888 since the divorce there was over 8 years ago.

157173[/snapback]

If this was a litmus test that they used we would have failed miserably

[david_dawei]

The FAQ Interview relates the following 'scams':

 

A.2.7.2

They are looking for fraud in the following methods:

1. two-way fraud (Chinese beneficiary pays American petitioner)

2. one-way fraud (Chinese beneficiary is ‘pretending’ affection; plans to dupe petitioner.)

 

A.2.7.3

VISA SENT BACK TO USCIS:

1. a common scheme is for a couple to divorce, the husband goes to the US, illegally or as an unmarried son, then the wife needs to find some USC to marry to get to the States and re-hook up with the ex-husband.

2. USCs serially bringing multiple fiancée or spouses to the States

for a relative short period of time each, splitting up and then doing it again and again. The USC probably gets paid.

3. Use of fraudulent documents, such as fraudulent phone logs from well known phone providers in the US as well as phony (pun) logs for call cards..

 

 

The latter one is provided by King in:

 

http://candleforlove.com/forums/index.php?...indpost&p=75993

[esun41]

It seems that the focus falls a lot on the applicant's ex. But what about any previous marriages from the petitioner? Do those ever matter in this process?

157153[/snapback]

Both the petitioner and beneficiary must prove by certified and documented evidence that they are free to marry. Documents must show that previous marriages ended either in legal divorce or death.

 

If there are underage children involved there must be a clear order as to who retains custody.

157154[/snapback]

True, but I'm thinking of esun41's case (I believe Eric) and the overcome evidence that is asked of them:

 

19. The consulate has insufficient evidence about the residency of the following people marked with an X. Petitioners ex-spouse and your ex-spouse were both X'd

 

I'm sure they submitted divorce decrees and all that stuff - but then they want proof of her (and his?) ex's whereabouts.

 

My question is - can the same thing (or any other difficulty) occur if the petitioner was married before (even though all the right paperwork was submitted)? It maddens me that it is made so difficult for people who love eachother but such is the way of things and we just have to deal with it.

157159[/snapback]

As far as my ex, she is 1000% in support of me and has already given me the documentation needed for this issue. We are very civil towards each other and have a good relationship. Divorce papers and marital agreement show us both having joint custody but also shows myself having physical custody of our minor son. All this was provided to my SO for evidence. As far as my SO's ex, he has no contact with her except for a few months ago when she found him living in Guangzhou and he signed a paper allowing the children to immigrate to the USA. I do not know the details of this but the possibility of 3rd party has crossed my mind but this is only suspect intuition and has no real evidence behind it.

 

I am in total awe of all the support and well wishes we have received. The plan to overcome is being devised and all advisement from this site is being considered.

 

Thank you to all for your un-wavering support!