I think a friend of mine is currently in a fraudulent marriage so that her husband can obtain citizenship. They have been married for almost three years and his application is currently pending. What could happen if she wanted to get a divorce now? What kind of trouble could she be in? Could it end with her having a criminal record?
2007-09-25 11:04:58 · 13 answers · asked by puppies4 1 in Politics & Government ➔ Immigration
does anyone know the specifics of the citizen doing prison time or paying fines?
2007-09-25 12:18:54 · update #1
If the citizen knowingly entered a fraudulant marriage she/he can be imprisoned for 10 years and up to 250k fine. Please note I said "Knowingly"....if the petitioner discovers later that the relationship was a sham, there wont be a problem as she entered the marriage in "good faith"....it has to be proven that the petitioner knowingly entered the relationship for just a green card. Heres a link for more info on marraige fraud:
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=e95bc8f7591b3c6caa51b7cc51f8d255
2007-09-25 12:02:08 · answer #1 · answered by Anonymous · 4⤊ 0⤋
If the marriage was proved to be fraudulent -- then it would be annulled -- ruled as never having happened in the first place.
If the marriage is purely one of convenience so that one person can obtain citizenship -- that is not the same as fraudulent -- because many people get married for legal benefits or legal convenience.
But there are standard used by the govt to determine if the marriage meets the basic legal requires to show a good faith intent -- or whether it was intended as a sham from the beginning.
As to what can happen -- the non-citizen can get deported, and the citizen can face criminal penalties (usually, just fines) for engaging in a sham.
2007-09-25 11:09:12 · answer #2 · answered by coragryph 7 · 2⤊ 1⤋
Not only will she be deported, she'll be banned from the United States for the rest of her life. Using fake documents is a serious crime. Even if she got a green card or US citizenship, and the fraud was later uncovered, her green card or citizenship would be taken from her and she'd be deported. They will not all her to benefit from the original crime no matter how much time has gone by. The child is an American citizen by birth. Her marriage, as long as she was not married in her own country, is still valid.
2016-04-06 01:00:25 · answer #3 · answered by Barbara 4 · 0⤊ 0⤋
If she spins it carefully ("I was misled, he misrepresented his intentions during the courtship, etc.") then they will likely be lenient. However, if there is evidence of her complicity in setting it up, then she's screwed.
But the evidence needs to be compelling. Just because he gave her money isn't enough. The money can be interpreted to be a dowry. Dump the jerk and get him deported. Certainly stop his application for citizenship.
2007-09-25 11:10:11 · answer #4 · answered by morgan j 4 · 1⤊ 0⤋
Ouch! She could be in some real hot water, fines and jail time is she is found to be in a sham marriage.
2007-09-25 11:09:23 · answer #5 · answered by Anonymous · 1⤊ 0⤋
No if at the time the marriage was legal.she can divorce him if she wants,with
out problems.as long as they married for love.He has the problem,as she makes him
a ellegal because of the divorce.
The law is cracking down on marriage mills.
2007-09-25 11:14:14 · answer #6 · answered by Anonymous · 2⤊ 0⤋
Read these links on that very topic.
http://www.washingtonpost.com/wp-dyn/content/article/2006/11/12/AR2006111201182_pf.html
http://www.ghanaweb.com/GhanaHomePage/diaspora/artikel.php?ID=116147
Then ask yourself this: If they spoke Spanish and blended right in with the marchers last year, do you think the NAACP and UCLA would have stepped in to defend them?
2007-09-25 11:28:59 · answer #7 · answered by Anonymous · 0⤊ 0⤋
It's a felony. I don't know if it's normally prosecuted.
2007-09-25 11:10:44 · answer #8 · answered by Thomas M 6 · 1⤊ 0⤋
Report them and find out! Get back to us!
2007-09-25 11:08:19 · answer #9 · answered by Anonymous · 2⤊ 1⤋
Yeh! you better get some advise from a lawyer about this...its pretty it can get pretty nasty....
2007-09-25 11:07:38 · answer #10 · answered by Anonymous · 1⤊ 0⤋