I am trying to petition my girlfriend to come to the U.S. with a fiance visa. Last year she had a fake marriage with an unknown Japanese guy in order for her to get a visa to work in Japan (still waiting on an approval). Now lets say her visa does get approved. Does this mean that she is really "married" and that is on her permanent record that can be seen by any country?
I am filling out the fiance visa application for her entry to the U.S., do I put down that she is Single or Married? Does she need to divorce the guy even if the marriage is fake? Does the U.S. investigate her status and will they recognize the fake wedding as a real one? or will they just see that it was a fake wedding and consider her as being single all this time?
2007-01-15 05:13:02 · 4 answers · asked by xwind9x 1 in Politics & Government ➔ Immigration
If she went before a judge or other official to be married, she is legally married and has to get a divorce. It does not matter how she views this marriage, fake or real, if it is legal, it well be on record, period!
The U.S. might investigate her.
2007-01-15 05:22:37 · answer #1 · answered by Nepetarias 6 · 0⤊ 0⤋
what do you mean by "fake"? if she legally married in any nation, she will need to get a divorce. if she lived in Japan more than six months, she will also be required to provide a criminal record check from there (and any nation she's lived more than six months) so she'd better not get caught, or they aren't likely to be happy to see other immigration violations. plus she'll be owing some money to japan, as will her accomplice, and he may be eligible for jail time, if the laws are similar to the U.S. If she gets a conviction, she will likely have to receive a special waiver from the secretary of state of the U.S. in order to immigrate.
Whether her visa to Japan is approved or not does not affect the status of her marriage to the Japanese man. If you put single on the papers and she is married, you will be guilty of fraud and eligible for hefty fines and jail time. You will not be able to file for a married woman, as you must marry within a short timeframe upon arrival to the U.S.
She needs a divorce, and to withdraw her application to Japan. Then you will put her status as divorced. The U.S. will recognize her marriage as legal, and if they find that it is not, they will likely reject the visa. Treat it as a legal marriage and get the divorce BEFORE applying for the fiancee visa.
jack, I'm not sure if the law is different in Japan in respect to this, but when I married in Argentina, the marriage exists and is internationally recognized even though we are still in the middle of the visa process for my wife to go to the U.S. So I think that either way, she's married. She's got to get a divorce.
2007-01-15 05:28:07 · answer #2 · answered by Aleksandr 4 · 1⤊ 0⤋
this is a tricky one.
I would advise that you wait for the outcome of her visa application to Japan. If that application is approved, then technically, according to the government of Japan, she is married to a Japanese citizen. If you apply for a US fiance visa under these circumstances, your application will be summarily rejected, since you have to put down that she is married in Japan, unless of course you lie which is fraud, and I don't think you want to go there.
The problem is that your fiance is attempting to commit fraud in Japan, which is very serious, and the US State Department will find out whether your fiance is married... fraudulent or not. Worst case is that the State Department will determine that your fiance engaged in Immigration Fraud in Japan, and will summarily reject all petitions on her behalf.
The best thing to do is, if it isn't too late, is for your fiance to withdraw her Japanese visa application.
2007-01-15 05:36:52 · answer #3 · answered by Jack C 5 · 0⤊ 0⤋
bypass tell immigration that it you receive tricked into marrying her. you is truly no longer charged in case you volunteer the assistance. Do it right now! even as she is deported, then divorce her for abandonment. you're fortunate. the present scheme is for youthful chinese language females to marry older US Citizen men. After the alien receives her eco-friendly card (and a huge existence insurance coverage on the U. S. Citizen husband) he "overdoses" on Viagra and dies. The death will be ruled an coincidence with an old guy attempting to maintain up sexually with a mushy female (occurs a lot those days). The alien receives her status, all his property, and a huge insurance payout. She is determined for existence! And he's malicious application nutrition.
2016-10-31 04:20:55 · answer #4 · answered by Anonymous · 0⤊ 0⤋