Skip to main content

What the immigration would consider as a fraudulent marriage on the part of the immigrant

Los Angeles, CA |

if the US spouse realized she got duped, she reports the immigrant spouse to immigration before the expiration of his conditional status (2-year) and divorced him during the 2-year conditional status. My question is once reported the spouse...what factors the immigration will take into consideration to determine that the immigrant did indeed scam the US spouse.

+ Read More

Attorney answers 5

Posted

A fraudulent marriage, simply put, is one entered in to for the purpose of obtaining immigration benefits. In deciding whether that has happened, the government will look at a lot of things- like whether the "couple" lived together, filed taxes together and otherwise joined their lives. They'll look at whatever they need to in order to make that determination.

Any and all responses to this and any other questions are intended for basic informational purposes only and are not legal advice.

Asker

Posted

great, thanks! what if the couple lived together prior to the arrival of conditional g.c. and once it arrived the immigrant took off for good....is this an abandonment then and will the immigration take into consideration the living of the couple prior the arrival of the green card or not....what if there are not joint of anything due to his taking off that fast with a green card.

Carl Michael Shusterman

Carl Michael Shusterman

Posted

Good answer

Morgan Laine Place

Morgan Laine Place

Posted

Thank you

Posted

The immigrant spouse would have an opportunity, if he/she wishes, to file the I751 Petition to Remove Conditions on Residence. USCIS will make a decision on the I-751. If the US spouse reported his/her side of the story to USCIS, then USCIS likely will consider that report when deciding the I-751. USCIS might, or might not, place much weight on the US spouse's report, depending on all of the facts and circumstances.

(734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.

Asker

Posted

even if the US spouse, while filing the I-751 does not provide documented proof of the bon afide marriage...how about in this case EVEN if the immigrant spouse tells his side of the story as you said....in any situation, isn't the burden on the immigrant spouse to prove that he entered the marriage in good faith, and if so, will providing his side of the story without providing proof of a bonafide marriage help him in any way. I thought you're supposed to prove that the marriage was real when filing for I-751.

Posted

One the entales intent to abuse immigration system for purposes of getting a greencard as primary reason for the marriage.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

Asker

Posted

great! in that case wouldn't be that the burden of the US spouse to prove that this is what the immigrant spouse did. I do not see how else the immigration alone would conclude that the marriage was fraudulent from the immigrant's side if the US spouse does not report him. Wouldn't this be the case then for immigration to know of the marriage fraud directly from the US spouse.

Posted

Immigration will take into account anything and everything that would shed light on the nature of the marriage. Having said that, the immigrant spouse may still be able to retain his residence by filing a self petition to remove conditions on residence.

Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

Asker

Posted

and that removal would be based on what specific things to retain his residency. thanks!

Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina

Posted

Anything that would tend to show HE entered into the marriage in good faith.

Asker

Posted

go it thank you...he can do that by simply showing our marriage certificate from what I know...is that sufficient enough or obviously if he married legally then he could have that and everyone gets that certificate, so it does not necessarily prove that he entered the marriage in good faith. thanks for the comment above.

Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina

Posted

While it is true anyone who marries gets a certificate, whether the marriage is bona fide or not, you also have to remember that the two of you convinced CIS that your marriage was a real one, and not one for immigration purposes. Presumably, then, you showed more than just your marriage certificate.

Asker

Posted

well when we got married we lived with parents as we were going to move to a metro area to find jobs, so during the few months of the petition and the request from the immigration documentation of of our bonafide marriage, we did not have any shares resources to present as we were just starting, and even my parents wrote in their affidavits that we live with them and they were financially responsible for us for a few months until we got back on our feet. As someone new in the country, he did not have much money and I did not work, hence our living with parents. My parents did say the same thing as an explanation as to why there is not much docs involved in terms of living together. Also, it was the first several months of the marriage when we were just starting our lives together, but wouldn't then immigration not let the same go by for his filing of i-751 if technically we should have gathered substantial evidence of us living together all this time. So my point is that perhaps the immigration understood the situation at the beginning of the marriage with the confirmation from my parents that the two of us were living with them, but now with a fraud report, no documentation on his behalf to show that he entered the marriage in goof faith (exactly like the beginning when we did not show much), and also the witness report from my own parents saying how I got scammed and they got used financially by him for a free place to stay before he abandoned the marriage with the card, then that changes everything. I also think that when he got his conditional green card we were together even without any docs like bills or other things, so it was alright, but now since we are divorced, he will file it alone, and since there is a fraud report, he won't be able to simply say that well I lived with her parents and for that reason there was no mutual bills or anything, especially when he did not live with me after getting his conditional green card (only lived with me up until he got his card); therefore, if the immigration was nice to us and understanding in the beginning, then lots of things changed after he got his card and I do not see how he can just simply file the i-751 and end up just submitting a marriage certificate (which we already did at the very beginning) and just submit a witness report from a friend he dictates what to write to his benefit and just for that get his condition removed. Sorry for the long talk, but just a more in dept info. Thanks for the comment again...very helpful!

Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina

Posted

I understand your viewpoint. But you might be surprised what USCIS can approve. If you are really concerned about him not getting the permanent card, follow up with USCIS. Beyond that, there is not much you or any of us on this forum can do except speculate.

Posted

The examiner will investigate whether the marriage was in good faith or solely for an immigration benefit. Generally, the marriage must have been in good faith at the time of marriage and also at the time of the green card interview. There is an exception for those who entered on a K1 fiancee visa. In that case, the examiner will consider whether the marriage was in good faith at the time of entering the U.S. on the K1 and at the time of marriage. All evidence will be considered, including how the couple acted toward one another before and after the marriage and before and after green card approval. Allan

For more information, call (888) 483-0311. This information is general in nature and is not legal advice to be relied upon for any particular matter.

Asker

Posted

Thank you for your informative response. The spouse visited the US on his own through a B1/B2 visa, so they met while he was visiting the US with a 6 month visa.

Allan Scott Lolly

Allan Scott Lolly

Posted

O.K. So, this means the focus of examination will be whether there was a good faith marriage at the time of marriage and at the time of green card adjudication. All evidence will be examined in light of this focus.

Carl Michael Shusterman

Carl Michael Shusterman

Posted

Good answer

Immigration topics

Recommended articles about Immigration

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer