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What if I reported this to immigration? Marriage fraud for green card...

Boston, MA |

I was a victim of marriage fraud for green card. The guy used me just for the green card. HE BLACKMAILED me into marriage and stupidly I thought it was still for real. We divorced before the 2 years. I wanted an annulment but he threatened me so I had to get a divorce instead. The reason he blackmailed me into marriage is because he came here on a tourist visa with the intent of immigrating and marrying me and adjusting status. When I said I did not want to marry him, he told me I better do it or he will report me because I planned to marry him too on a tourist visa so I would be responsible as well. What if I reported all this to immigration? Will he be deported? He is applying with waiver.

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Attorney answers 4

Posted

In theory, you can report this to immigration but be careful not to incriminate yourself - they may see you as a guilty party to the marriage fraud as well, since you willingly entered into a marriage knowing that the motives may not have been solely for love and companionship (IF I understand your question correctly - it is ambiguous because on the one hand you state "I thought it was for real" but then talk about being blackmail and pressure. You were under no obligation to marry someone and could have sought protection from the abuse and duress, especially as a citizen who is likely more aware of the laws and more sophisticated in organizing assistance than most non-documents individuals would be. Finally, I am not sure as to the motives you have for reporting it now. If it is for revenge or because he was not fair to you, I would suggest you move on with your life and try to make better choices in the future with your partners. Use it as a learning experience. I strongly believe in karma and that his time to pay back will come, at which point you can smile - if you still care either way, at that point. Talk to a counselor and perhaps an immigration attorney to get more perspectives as I am sure you may not like what I have advised you here, but it is my honest advice taking into consideration what is ultimately best for YOU as well.

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.

Asker

Posted

I know but I swear I did not participate in any marriage fraud. I was scared but he threatened me. I thought maybe he did want to stay with me and I also loved him. And it is not revenge just justice. He ruined me...

Gunda Johanna Brost

Gunda Johanna Brost

Posted

You should probably have gone to the police or domestic violence prevention organization at that time. I am not saying that you definitely would be charged with immigration fraud but you should consult with an immigration attorney in person about the possibility and just be aware of it before you act, and also be aware of what your motives are and if your next move is going to accomplish anything for YOU in the long run. Best: GB.

Asker

Posted

Yes it would accomplish for me because I would feel better. He wants to bring his fiancee here that he had the whole time while he was here. Thank you

Gunda Johanna Brost

Gunda Johanna Brost

Posted

You will truly feel better once you are able to waste not another second of your time, energy and attention to someone who so obviously does not deserve it, but find someone who does. If he is as you describe, the fiancé would likely not be very happy with him, either, and so who knows what will happen down the road.

Asker

Posted

I guess I was really stupid, he forced me to marry him. I acted out of fear and love...

Gunda Johanna Brost

Gunda Johanna Brost

Posted

Being in love is not stupid. Unfortunately, there are selfish people in this world who will hurt us if we let them. Take it as a learning opportunity to find a much better partner in the hopefully near future, if that is what you want, and also to work on yourself. You deserve most and foremost to respect yourself and treat yourself with kindness, then you can cultivate these traits in a partner who truly deserves you. :)

Asker

Posted

Thank you very much, I appreciate it :)

Gunda Johanna Brost

Gunda Johanna Brost

Posted

You are very welcome. By all means, discuss your options with another immigration attorney and a therapist to really work through all the aspects of this situation. Somebody hurt you and you deserve to now take care of yourself. Best: GB.

Posted

He must demonstrate that the marriage was bona fide when it was entered into. You can report him to ICE, but you will have to show more than that the marriage did not work out after two years.

Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

Gunda Johanna Brost

Gunda Johanna Brost

Posted

Excellent additional point. Asker, your report, if you have determined with the advice of an immigration attorney that it won't harm you, will certainly impact your ex's ability to remove conditions on his GC.

Posted

I agree with Ms. Brost. Reporting this may cause you to be investigated as well. I would encourage you to discuss the details of this matter privately with an immigration attorney.

Answers provided by Ksenia Maiorova, Esq. on Avvo.com are of a general nature and do not constitute legal advice.

Gunda Johanna Brost

Gunda Johanna Brost

Posted

Thank you Ms. Maiorova.

Posted

They will likely investigate and ask him about your allegations and if he cannot rebut them then he will not be able to remove his conditions but be careful not to incriminate yourself as if they think you knowingly enter into marriage fraud that could cause some issues for you.

Gunda Johanna Brost

Gunda Johanna Brost

Posted

Indeed.

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