I have recently filled a petition (I-130) for my wife. She entered the country illegally with no inspection. She has been working using her actual name and birthdate but using a fake social security number and card she got from a fake ID dealer to work. Now the problem is that she just got served papers for a lawsuit for an unpaid credit card bill. She never opened an account with the creditor. It is fraud, I believe someone is using her name and the fake social security number she has an opened credit card accounts. The lawsuit has a stamens from the creditor and it has a billing address for the account. I researched the billing address and it is a dental office where she got her braces put in not long ago. I believe someone from the office is committing the fraud. What do we do in this situation? Don't want to go to court and say someone is committing fraud with my fake social security. Do we just ignore it? They will be granted to power to garnish wages if we don't show up. Will the creditor be able to put a lien on the cars she has under her name or on any property? I don't want to pay for fraudulent charges and don't want to have issues with immigration.
As you probably know, the answer to your legal question is complex. It cannot be answered in a comprehensive manner in this public forum. However, I can offer some thoughts which I hope that you may find helpful. In order to assist you, I must ask a few questions. First, did you file your I-485 Petition for Permanent Residency at the same time you filed your I-130 Petition for Alien Relative? If so, at the same time you should have filed a I-601 waiver to address the issue of your wife's unlawful entry into the United States. While I cannot predict the outcome of your wife's use of a purchased fake Social Security number in the current immigration climate, I can tell you that I have had experience with clients who entered the US unlawfully and who used fake society security numbers. Actually, it is a common practice and the US government readily takes their tax money. In my way of practice, I always require my clients to disclose that they purchased and/or used a fake social security number. If they have used the fake Social Security number to pay taxes, I promote that in my cover letter to Immigration as a positive. Regarding the lawsuit, it would seem that because the Social Security number is fake, it may have been stolen from a real person who in fact may have had credit cards on which they have defaulted. Of course, as you have proposed, alternatively, it could be fraud on the fake social security. If that Social Security no. is attached to your wife's job or your bank accounts, and a judgment gets entered against your wife, then you could wind up with garnishments and liens. You definitely need proper counsel from an attorney; however, there are some things you can do now. First, you can call the attorney who filed the lawsuit and ask to see the signature on the application for the credit card. Is it your wife's signature? Also, ask for a copy of each and every purchase on the card. Let the attorney know that your wife did not make the purchase. Do not answer or offer any information regarding our wife's immigration status. Do not answer any questions that are probing. A copy of the contract should be attached to the lawsuit. If it is not attached, then there may be a legal away to have your attorney have the Lawsuit Complaint dismissed. If your wife does owe the money or cannot prove that she did not open the credit card, you can usually work out a payment plan with the Plaintiff. Again, I cannot fully address your issue in this forum. I hope this helps guide you in resolution of the matter.
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