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!
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?
Criminal Defense Attorney
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.
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I agree with my colleagues. Have a discussion with an immigration attorney as soon as possible.
Alexus P. Sham firstname.lastname@example.org (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.
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I agree with Eric. You're making a grave mistake. Speak with any competent, experienced immigration attorney.
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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.
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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.
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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.
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