CORRECTED COPY: VIENTIANE K-1 FIANCE VISA VALIDATION STUDY

UNCLAS SECTION 01 OF 02 VIENTIANE 000260

DEPARTMENT FOR CA/FPP (OVERSTROM)
DEPARTMENT FOR CA/VO/F/P

SIPDIS

E.O. 12958: N/A
TAGS: CMGT CVIS KFRD LA

SUBJECT: CORRECTED COPY: VIENTIANE K-1 FIANCE VISA VALIDATION STUDY

REF: 06 Guangzhou 32403

VIENTIANE 00000260 001.2 OF 002



1. (U) SUMMARY: Vientiane's Fraud Prevention Unit (FPU) conducted a
validation study of 209 issued K-1 visas from 2004. FPU confirmed
fraud in 14% of the sample population. The highest fraud group
derived from male beneficiaries, beneficiaries from remote, rural
provinces, and petitioners and beneficiaries who shared more than a
20 year age difference. Post conducted this validation study
because of the high level of immigrant visa fraud found in its
workload. Stretched officer hours, a rapidly increasing caseload,
and a lack of Hmong language ability for interviewing officers and
the subsequent reliance on Hmong translators are the three greatest
limitations on improving efficiency in fraud prevention and
detection. Post will continue to work with the Regional Fraud
Prevention Manager, the Regional Security Officer, and local law
enforcement to increase the effectiveness of its fraud prevention
efforts. END SUMMARY.

Background on Laos
--------------


2. (U) Vientiane is a medium level fraud post. The main
contributors to fraud in Laos are the large proportion of the
population with family ties in the U.S., and the intention of many
to work illegally in the U.S. Nearly all of the K-1 petitioners
come from two of Laos's 49 official ethnic groups: the ethnic Lao
and the Hmong. Few applicants complete the K-1 application process
by themselves, relying heavily on visa and translation services and
brokers. Marriage in Laos of Lao nationals to foreigners is a long,
expensive and cumbersome legal process, often taking six months to a
year to complete. Therefore, most American petitioners choose the
K-1 visa over a marriage in Laos.

Methodology
--------------


3. (U) FPU used the NIV Applicant Case Full Report in the CCD for
all K-1 issued cases in NIV from January 1, 2004 and December 31,
2004, which showed a total of 454 cases. A randomly selected sample
size of 209 was deemed sufficient to produce an estimate with 95
percent accuracy, with a plus or minus five percent margin of error.
After analyzing the data, post submitted these cases to USCIS in
Bangkok to receive a copy of their CLAIMS data. Records received
included forms I-485 (Application for Legal Permanent Residents),
I-181 (Memorandum of Creation of Record for Lawful Permanent
Residence),and I-751 (Petition to Remove Conditions on Residence).
Information from these forms also enabled a comparison of data to
the initial I-129F (fianc visa petition).


4. (U) A three-part procedure was performed to determine whether
fraud existed in these cases. First, fraud indicators from the K-1
beneficiary's DS-156 and I-129F were recorded, along with indicators
from PIERS and Lexis-Nexis (L/N) checks on the petitioner and
ex-spouse. Second, FPM compiled a phone sheet to track responses
and call attempts. Investigators verified who the beneficiary
married; how long the beneficiary stayed with the petitioner, if
divorced; and the number of children, if any, the petitioner and
beneficiary had. In cases where the beneficiary left the marriage,
the Fraud Prevention Manager (FPM) inquired why, where, when and
with whom. Lastly, the FPM weighed the background and phone call
notes and compared them with CLAIMS data.

Validation Results and Trends
--------------


5. (U) After all checks were completed, FPU confirmed that 178
beneficiaries (86%) remained married to their petitioners, or
returned to Laos, or married their petitioners for at least three
years before divorcing or separating. FPU found fraud in 28 cases
(14%). Of these, 12 cases (42%) involved fraud on the petitioner's
part, especially where the petitioner was found to be cohabitating
with an ex-spouse immediately before, during, and/or after the
filing of the K-1 petition. The remaining 16 cases appear to be
those where the beneficiary may have "jumped ship" quickly after
arrival in the U.S., was a relative of the petitioner, or remained
with the petitioner only until conditional status was removed.


6. (U) Analysis of the data suggests that cases involving female
beneficiaries over 35 years old and male petitioners over 45 are at
higher risk of fraud (42% and 33% respectively). Male beneficiaries
are a high fraud factor with three of five cases showing fraud
(60%). Age differences were a potent gauge of fraud potential.

VIENTIANE 00000260 002.2 OF 002


Petitioners younger than the beneficiary had a 50% fraud level.
Young petitioners/beneficiaries with less than five years apart had
only a 10% fraud rate; those with a 5-20 year gap about a 15% fraud
rate. The biggest confirmed fraud group involved age gaps of more
than 20 years (25-33%). Beneficiaries with previous marriages were
only four percent of the sample, but had a 36% fraud rate.
Petitioners with previous marriages were 61% of the sample, with an
18% fraud rate. Beneficiaries from remote, rural provinces boasted
a 45% fraud rate, possibly due to a higher incidence of arranged
marriages and higher polygamy levels.

Significance
--------------


7. (U) Post conducted this validation study because of high
immigrant visa fraud, mostly in the form of sham relationships. The
14% percent confirmed fraud rate illustrates that some relationships
arranged simply for immigration purposes have succeeded in gaining
visas. Post is working closely with U.S. Citizenship and
Immigration Services (USCIS),the Regional Fraud Prevention Manager
(RFPM),and Lao authorities in order to reduce the number of
fraudulently obtained K-1 visas. Post has already requested the
RFPM and a Locally Employed Staff (LES) investigator to sift through
pending K-1/K-3 visa cases for fraud detection. Also, the hiring of
an additional LES in the consular section will allow more time and
resources to be dedicated to K-1 case review. FPU concludes that
stretched officer hours, a rapidly increasing caseload, and the
reliance on Hmong language translators for interviewing officers are
the three greatest limitations on improving fraud prevention and
detection.

HUSO