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Someone calling and telling immigration of "marriage fraud" has what effect on the case?

Atlanta, GA |

Some people in my "family" have disagreed with me filing a petition for my wife because of something she did to them a few months ago. As a result they told me that if I try to petition for her that they would call the uscis and tell them that it's fake. The thing is that it is a real marriage and always has been. But envious people will always try to make life difficult. I have no intentions of letting her go. I would like to know if 1) the uscis even cares about people calling in. 2) how it affects our process if at all. We are not scared because we are real, but we would just like to be prepared and go in to the process knowing that their threats mean nothing and for her piece of mind. We of course have proof of our relationship, but we just want some assurance and preparation.

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Filed under: Immigration Fraud
Attorney answers 3

Best Answer
Posted

Sorry to hear about the ill feelings among family members, but if one if them were to attempt to contact the USCIS that is highly unlikely to have any impact. Even if the family member was aware of your wife's "A-Number," which may be necessary for the USCIS to link the information to a particular file, the USCIS is unlikely to accord any weight to a non-sworn statement on the telephone. It would be wise, however, to assemble a particularly strong and persuasive set of documents to prove that you and your wife are living together in a bona fide marriage, and to accomplish this it would be wise to engage an immigration lawyer.

David N. Soloway
Frazier, Soloway & Kennedy, PC
Atlanta, Georgia

[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.] David N. Soloway

Alexander Joseph Segal

Alexander Joseph Segal

Posted

Good answer. Liked it.

Asker

Posted

So then there would be no issues of it during an interview with the uscis? They won't bring up the information they possibly received? Or question us about it?

David Nabow Soloway

David Nabow Soloway

Posted

Especially for a telephone call that does not even include reference to an "A-Number," it is exceedingly unlikely that information from the call would be linked to the file for use by the USCIS adjudicating officer at the interview. No guaranty can be made about that, but with excellent preparation, including assemblage of a strong and persuasive set of documents evidencing the bona fide nature of the marriage, allegations from envious family members should not stand in the way of success. It would be wise to engage an immigration attorney to learn all of the relevant details about your marriage and the allegations in order to provide advice and representation in the application process. David N. Soloway Frazier, Soloway & Kennedy, PC Atlanta, Georgia

Posted

You cannot really call immigration that easy. If they do manage to get through but your marriage is bonafide they will be disappointed to learn that their efforts produced no results. Today's DAOs are rather trained well and should know with some degree of certainty whether your marriage is bonafide within the time allotted for the interview.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

Posted

People can call ICE (not CIS) ... but in most cases the government doesn't do anything.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

True

Asker

Posted

So then there would be no issues of it during an interview with the uscis? They won't bring up the information they possibly received? Or question us about it?

F. J. Capriotti III

F. J. Capriotti III

Posted

No one can predict how an individual interviewing officer will conduct their interview. Plus, the officer may not even be aware of the call/complaint. The government filing system isn't all that perfect.