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Would he get in trouble for this? Marrying on tourist visa?

Boston, MA |

If I reported someone that they married while on tourist visa and they were planning to immigrate here with tourist visa through marriage, will they get in trouble? The person already got the conditional green card based on marriage. They lied and said that they met/fell in love with the spouse here. Would that person get in trouble for fraud or will USCIS ignore it/not care since he already got first green card.

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Attorney answers 2

Posted

USCIS will completely disregard such a complaint, the policy has been for decades to allow this without question.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

Posted

If marriage was entered into with intent to obtain immigration benefit, green card can be subsequently revoked by USCIS and the green card holder will be placed in removal proceedings in Immigration Court for marriage fraud. The burden will be on him/her to prove he/she entered into a bona fide (real marriage). Having said that, a person may come to U.S. on a tourist visa and get married later. There is no violation there.

Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Asker

Posted

Thanks. How does the citizen wife prove she was defrauded/scammed for green card? She only has circumstantial evidence like cheating, being forced into marriage, etc?