VZCZCXRO8246
RR RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHVN #0260/01 1521102
ZNR UUUUU ZZH
R 011102Z JUN 09
FM AMEMBASSY VIENTIANE
TO RUEHC/SECSTATE WASHDC 2623
INFO RUEHBK/AMEMBASSY BANGKOK 8010
RUEHPF/AMEMBASSY PHNOM PENH 1952
RUEHGO/AMEMBASSY RANGOON 2299
RUEHCHI/AMCONSUL CHIANG MAI 0677
RUEHHM/AMCONSUL HO CHI MINH CITY 0070
RUEHPNH/NVC PORTSMOUTH 0468
RUCNASE/ASEAN MEMBER COLLECTIVE

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