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How to prove marriage fraud if you were conned into marriage for green card?

New York, NY |

Is circumstantial evidence enough? Also I got a divorce after I realized I was being used. I wanted annulment but he threatened me into a divorce instead so he wouldn't lose his green card. He also blackmailed me into marriage so I married him both out of love and fear. I know I was really stupid but I was 21 years old. Isn't that proof that he dragged out the divorce for 8 more months after separation under threats? Because he wanted the marriage to appear longer? He wouldn't give me the divorce and said he will run away and never sign papers if I try to do it on my own. He also had a gf in his country.

I reported all to immigration. He has to apply with waiver. He is gonna try to claim good-faith marriage. He also cheated on me here for a whole month before I realized...is this enough?

Attorney Answers 6

Posted

Put together a very detailed set of facts on a piece of paper and whatever supporting documentation relevant to this and report all this to ICE's fraud unit. The phone information is on the ICE website.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

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Posted

Demanding money in exchange for arranging fraudulent marriages to U.S. citizens is a very common method that leads to a fraud finding.

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Asker

Posted

I didn't get any money. He scammed me. I stupidly thought it was real as he was pretending..

Posted

If you reported all this with the adequate evidence to immigration authorities, it sounds as if you have done all you can for now and will need to just let them make a decision on whether a finding of fraud will be entered or whether they will approve his waiver. It doesn't seem there is much more you can do than let go of this and no longer waste any energy on this man.

Gunda J. Brost Brost Law Office This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.

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Posted

You are welcome to send ICE anything you want. ICE and USCIS have the burden of proof to demonstrate marriage fraud and generally, your opinion alone will not constitute substantial evidence, sufficient to support such a finding.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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Posted

isn't it the burden of proof on the immigrant when removing conditions on green card and even in court it is on immigrant and not USCIS when removing conditions, right?

Posted

You've taken the first step of reporting the sham. I would advise you to make sure that you submit every piece of information you have on the sham, right down to the names of potential witnesses to the sham (ones that are objective, and not beholden to you or to him), dates of infidelity, evidence of emails and communication with his gf back in his home country, etc.

The more information they have, the easier it is to prove the marriage was a sham. He should be ashamed.

This does not constitute legal advice or the engagement of my services as an attorney.

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Posted

consider hiring an attorney licensed in the appropriate venue to help you with this.

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