Will I be hold liable if I assist my spouse in getting green card once we decide to divorce?

Asked over 1 year ago - Newark, NJ

I sponsored my spouse in green card application some time ago. Now we are in divorce and already signed a Martial Settlement Agreement but have not filed for divorce yet. The interview date is coming. If I go to the interview with her but do not tell any lies during the interview, and wait until she gets the card before file for divorce, will I have any liability? Many thanks!

Additional information

This is not a marriage fraud. We did not get married for green card. We have married for 3+ years. It happens that the marriage does not work and I still want to help her in getting green card. Will I have any problem because of helping her?

Attorney answers (9)

  1. Dean George Tsourakis

    Pro

    Contributor Level 20

    17

    Lawyers agree

    Answered . I agree with my colleagues. Please meet with an experienced immigration attorney prior to doing what you are intending.

  2. Adam Michael Solow

    Pro

    Contributor Level 13

    15

    Lawyers agree

    Answered . The standard is whether or not your marriage was bona fide when you entered into it. You should both speak to an attorney and explain the situation before your interview.

  3. Steven Sahag Vosbikian

    Pro

    Contributor Level 15

    15

    Lawyers agree

    Answered . I agree with Eric. You're making a grave mistake. Speak with any competent, experienced immigration attorney.

    VOSBIKIAN & VOSBIKIAN, L.L.C. (856) 755-1400, e-mail: ssvosbikian@voslaw.com - Offices in Atlantic City, Cherry... more
  4. Eric M. Mark

    Pro

    Contributor Level 20

    14

    Lawyers agree

    Answered . Held liable for for what? The biggest risk is the denial of a the green card and possibly an accusation of marriage fraud. You are making a HUGE mistake if you go through with the interview without consulting with a lawyer. You need to give the lawyer time to prepare, as well, so do not wait until right before the interview. Find someone ASAP.

  5. F. J. Capriotti III

    Contributor Level 20

    13

    Lawyers agree

    Answered . Liable? As in $10,000 fine and/or time in jail for committing marriage fraud on the US government?

    Quite possibly. Talk to a lawyer.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting... more
  6. Alexus Paul Sham

    Pro

    Contributor Level 20

    12

    Lawyers agree

    Answered . I agree with my colleagues. Have a discussion with an immigration attorney as soon as possible.

    Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does... more
  7. Alexander M. Ivakhnenko

    Contributor Level 20

    11

    Lawyers agree

    Answered . Yes. it is called a federal crime of marriage fraud. I strongly recommend deleting your initial posting as potentially incriminating if you decide to proceed.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  8. Carlos Yarot Montoya

    Contributor Level 5

    8

    Lawyers agree

    1

    Answered . I agree with my colleagues on the care you should take to avoid criminal and civil liabilities regarding marriage fraud. Consult an experienced immigration attorney because you want to stay out of those troubles. You asked a question about liability, so I will focus on that. Unless certain exceptions are met, someone with a petition like yours typically files an I-864 affidavit of support (a contract you make with the US government). You agree in that form to be liable and maintain the immigrant at 125% of the federal poverty level for several years . In addition to an immigration attorney, you should consider taking your I-864 and get an additional assessment from a family law attorney to help you assess your liability.

    The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You... more
  9. David Alexander Browde

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . No.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer... more

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