one of my friends got married for the purpose of getting her bf a green card. the paper was filed in 2004 but because she was not a citizen then now in 2008, he still has not gotten the green card. and she hasn't been that long since she has gotten her citizen ship. but now thing have turned sour between them and she wants him to basically to "fail." can the boyfriend just report his whole marriage as fraud? and if he does would have have to serve mandatory sentence in jail or can he just volunteer to leave the country? and if that does happen, would the girl also be penalized? and if so, how would the guy go about reporting his marriage?
the girl's family has been asking him for money for the past couple of years and he has paid the girl's college tuition and everything adn now the girl won't help him out and won't even give him a divorice.
i feel bad for the guy. i hope that someone can help me with this matter so i can help him. please tell me in detail and ways to go about doing so.
It is marriage fraud when one marries an alien for the sole purpose of getting them lawful permanent residence in the U.S. An alien who commits marriage fraud is inadmissable to the U.S. for life. In the situation you describe, the couple appears to have had a real relationship that has gone bad, and that is not marriage fraud. A U.S. citizen who has started the process of gaining their spouse a green card may stop the process by withdrawing their support any time prior to the issuance of the green card.
In this case, if the U.S. citizen does not want the process to go along any further, she should just send a letter stating that to the nearest CIS office, with all the information she knows about the case, i.e. husband's name, birth date, alien number. That shoudl serve to stop the process. Or the US citizen may take the easy way out, and simply fail to appear at any future scheduled interview -- that will stop the case as well.
Both parties are subject to INA §275(c), 8 U.S.C. §1325(c)--Imprisonment for up to 5 years and $250,000 fine. To convict a person under this statute the government generally must prove: (1) the person knowingly entered into a marriage; (2) the marriage was entered into for the purpose of evading a provision of the immigration laws; and (3) the person knew or had reason to know of the immigration laws.
Whether or not they are prosecuted will depend on the U.S. Attorney's office in their district of residence.
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