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ILW.COM Homepage    discuss.ilw.com    discuss.ilw.com    Immigration Discussion    Fraud Consequence????
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Junior Member
Posted
I'm not sure where to begin but my conscience is getting to me and the thought is constantly in back of my mind like a crimminal running from the law looking over their shoulders.
I'll try to keep it as brief as possible and maybe someone here on this board can assist me on how I can handle this situation.
Back in 2001 I married my ex, we filed for her green card application so she would't get deported, since she was here on vacation visa which had expired. Keep in mind, I'm not a citizen, just a permanent resident.
So, here's the sad part...
We had a child in 2002 and in 2003 my ex and I separated and in 2004 I filed for a divorce who at the time did not have her green card.
After the divorce was filed and got the court clerk to sign off on the filed documents, I was waiting for the judge to sign off on the divorce but never got the document back from the court stating the divorce was final. I didn't think too much of it thinking the divorce was final and I was ready to move on. Come to find out later on, that my ex never turned in her portion of the divorce papers. At the same time the INS sent her information packet on getting her green card. Of course she did everything she could to get her green card, getting her finger prints sent in, getting a sponsor to sign off since she couldn't get me to prove enough finacial resposibilities.
That's all fine and dandy, but only snag she ran in to was the interview. She needed me to go with her to the interview as a couple to get approved. I refused at first but she used our daughter as bait, saying she would not let me see her if i didn't do this for her and she promised she would finallize the divorce after she got her green card if I just went in with her to pretend we were still together. I didn't know the CONSEQUENCES at the time, all I was really thinking about was my daughter and wanting to be able to see her. So I agreed and went through the process. She recieved her green card shortly after that.
What can I do to get this off of my conscience? Terrified of getting that letter from INS stating we need to come in for a second interview or something. I feel like I committed a crime, knowingly falsifying our relationship. This has bothered me for 4 long years. Could someone enlighten me on what I should or could do?
 
Posts: 2 | Registered: 05-01-2008Reply With QuoteEdit or Delete MessageReport This Post
Frequent Member
Picture of Jeff
Posted Hide Post
I feel like I committed a crime, knowingly falsifying our relationship.
-------------------------
You did. See: http://caselaw.lp.findlaw.com/casecode/uscodes/8/chapte...s/section_1324c.html
Also: (c) Marriage fraud
Any individual who knowingly enters into a marriage for the
purpose of evading any provision of the immigration laws shall be
imprisoned for not more than 5 years, or fined not more than
$250,000, or both.
http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=8&sec=1325


saying she would not let me see her if i didn't do this for her and she promised she would finallize the divorce after she got her green card
-------------------
Know your rights as a parent. You should have gone to court to seek visitaion rights and set up child support.


Could someone enlighten me on what I should or could do? -
----------------------
From now on, use protection, people like you shouldn't procreate. Have you considered sterilization ?
 
Posts: 207 | Location: TEXAS | Registered: 11-15-2005Reply With QuoteEdit or Delete MessageReport This Post
Junior Member
Posted Hide Post
Let me cl;ear something up....when I married her, I truely was in love with her. I only found out about her staus after I got married.
What would you have done?
Thanks for your non-help.
 
Posts: 2 | Registered: 05-01-2008Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Picture of swissnut
Posted Hide Post
So, let me see if I understand this. You pretended to be in an enduring marriage at the AOS interview, when in point of fact you were in divorce proceedings?
quote:
Originally posted by foofoo11:
I'm not sure where to begin but my conscience is getting to me and the thought is constantly in back of my mind like a crimminal running from the law looking over their shoulders.
I'll try to keep it as brief as possible and maybe someone here on this board can assist me on how I can handle this situation.
Back in 2001 I married my ex, we filed for her green card application so she would't get deported, since she was here on vacation visa which had expired. Keep in mind, I'm not a citizen, just a permanent resident.
So, here's the sad part...
We had a child in 2002 and in 2003 my ex and I separated and in 2004 I filed for a divorce who at the time did not have her green card.
After the divorce was filed and got the court clerk to sign off on the filed documents, I was waiting for the judge to sign off on the divorce but never got the document back from the court stating the divorce was final. I didn't think too much of it thinking the divorce was final and I was ready to move on. Come to find out later on, that my ex never turned in her portion of the divorce papers. At the same time the INS sent her information packet on getting her green card. Of course she did everything she could to get her green card, getting her finger prints sent in, getting a sponsor to sign off since she couldn't get me to prove enough finacial resposibilities.
That's all fine and dandy, but only snag she ran in to was the interview. She needed me to go with her to the interview as a couple to get approved. I refused at first but she used our daughter as bait, saying she would not let me see her if i didn't do this for her and she promised she would finallize the divorce after she got her green card if I just went in with her to pretend we were still together. I didn't know the CONSEQUENCES at the time, all I was really thinking about was my daughter and wanting to be able to see her. So I agreed and went through the process. She recieved her green card shortly after that.
What can I do to get this off of my conscience? Terrified of getting that letter from INS stating we need to come in for a second interview or something. I feel like I committed a crime, knowingly falsifying our relationship. This has bothered me for 4 long years. Could someone enlighten me on what I should or could do?
 
Posts: 2132 | Location: USA | Registered: 07-25-2003Reply With QuoteEdit or Delete MessageReport This Post
Senior Member
Picture of Aroha
Posted Hide Post
So, you married her for love. That's fair enough. That part wasn't fraudulent. However, going through with her interview and other processing while pretending you were still happily married and failing to disclose that you were in the process of a divorce most definitely was.

All that said, 4 years after the event seems a strange time to be concerned enough that you would seek help. Are you being investigated for allegations of fraud?


**************************************
The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch
 
Posts: 1051 | Location: Las Vegas | Registered: 07-29-2007Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Picture of speed_025
Posted Hide Post
quote:
Back in 2001 I married my ex, we filed for her green card application so she would't get deported, since she was here on vacation visa which had expired. Keep in mind, I'm not a citizen, just a permanent resident.


Hello FooFoo11,

when you married your wife and filed a petition in 2001 as a permanent resident she's still in ilegal status. There's a waiting time till her
priority date becomes current.

Was your wife in the US since 2001? or she went back to her home country after you petition her?

You mentioned they sent her information packet
this is only for consular processing.

can you please give a little more detail...
 
Posts: 1361 | Registered: 01-22-2008Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Picture of speed_025
Posted Hide Post
quote:
After the divorce was filed and got the court clerk to sign off on the filed documents, I was waiting for the judge to sign off on the divorce but never got the document back from the court stating the divorce was final. I didn't think too much of it thinking the divorce was final and I was ready to move on. Come to find out later on, that my ex never turned in her portion of the divorce papers


Im trying to understand your divorce proceeding
is this a none court appearance (uncontested divorce?) If your wife didn't file and signed an appearance and didn't signed the divorce paper your not legaly divorced at that time.
 
Posts: 1361 | Registered: 01-22-2008Reply With QuoteEdit or Delete MessageReport This Post
Regular Member
Posted Hide Post
quote:
Originally posted by Aroha:
So, you married her for love. That's fair enough. That part wasn't fraudulent. However, going through with her interview and other processing while pretending you were still happily married and failing to disclose that you were in the process of a divorce most definitely was.

All that said, 4 years after the event seems a strange time to be concerned enough that you would seek help. Are you being investigated for allegations of fraud?
I was thinking along these same lines.If there is an investigation the OP will be in a lot of trouble but I'm not sure an investigation would take this long.Marriage fraud is certainly a deportable offense for any Permanent resident who knowingly assist in such a crime.

I also wonder if the OP has applied for Naturalization ? as there will certainly be issues if this investigated anytime in the future.
 
Posts: 45 | Registered: 09-11-2007Reply With QuoteEdit or Delete MessageReport This Post
Frequent Member
Picture of unique
Posted Hide Post
foofoo11,

I sense that once again you are intending to commit fraud. I think your motive for writting here 4 years later is to try to do harm to your ex wife. Maybe you think if you can get her deported you won't have to pay child support. I can see this in you, even if others can't. Once a criminal, always a criminal.

What you really want is advice on how to get your ex-wife deported without you getting in trouble. Be aware of all the ramifications that committing fraud entails.

beatdeadhorse5

This message has been edited. Last edited by: unique,



The only thing un-American about America, is the USCIS.

 
Posts: 246 | Registered: 07-26-2006Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Picture of Hudson
Posted Hide Post
quote:
Originally posted by Aroha:
So, you married her for love. That's fair enough. That part wasn't fraudulent. However, going through with her interview and other processing while pretending you were still happily married and failing to disclose that you were in the process of a divorce most definitely was.

All that said, 4 years after the event seems a strange time to be concerned enough that you would seek help. Are you being investigated for allegations of fraud?

He is looking for a way to see his child and what we don't know are the reasons for divorce. What is apprenant is t hat having children did not save the marriage. OP needs more family legal advice, not immigration advice.

Furthermore, no where in the interview proceedings does the immigration officer ask if they are happily married. They determine, based on the evidence presented at that time, whether the marriage was entered into full faith or not.

The guy, nor the ex, violated any federal statues based on intent. And we do not know all the facts about the divorce, nor the marriage, nor how they met, nor anything else. OP did keep it brief, but again, really needs counseling and family legal advice.
 
Posts: 2946 | Registered: 12-21-2005Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Picture of Hudson
Posted Hide Post
quote:
Originally posted by speed_025:
quote:
Back in 2001 I married my ex, we filed for her green card application so she would't get deported, since she was here on vacation visa which had expired. Keep in mind, I'm not a citizen, just a permanent resident.


Hello FooFoo11,

when you married your wife and filed a petition in 2001 as a permanent resident she's still in ilegal status. There's a waiting time till her
priority date becomes current.

Was your wife in the US since 2001? or she went back to her home country after you petition her?

You mentioned they sent her information packet
this is only for consular processing.

can you please give a little more detail...

Spped, thought OP was USC, just saw he is LPR. That explains why the delay, but still I hold onto my premise that this has more to do with child custody, not immigration.

I also think that maybe he is going through the citizenship process and is worred that his citizenship might be denied now. Just a thought.

What I find trouling is not enough info to make any reasonable conclusion on whether he or she committed immigration fraud. Since marriage was based on faith at the time of filing, I would say no. And since we do not know how the interview went and what specific questions were asked, hard to make any determination.

This message has been edited. Last edited by: Hudson,
 
Posts: 2946 | Registered: 12-21-2005Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Posted Hide Post
Hudson,
quote:
posted by foofoo11
Back in 2001 I married my ex, we filed for her green card application so she would't get deported, since she was here on vacation visa which had expired. Keep in mind, I'm not a citizen, just a permanent resident.

quote:
posted by Hudson
Furthermore, no where in the interview proceedings does the immigration officer ask if they are happily married. They determine, based on the evidence presented at that time, whether the marriage was entered into full faith or not.

Do you think that if they disclosed at the interview that they were going throug a divorce, his wife would still get GC based on marriage (providing she had tons of evidence of good-faith marriage)? We don't know much about their situation and why OP is worried now; here is one scenario - if they were asked during the interview if they live together (they were separated), and she said yes and he did not say anything!? Is that fraud on his part? (i don't know)
 
Posts: 1490 | Registered: 03-10-2006Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Picture of Hudson
Posted Hide Post
quote:
Originally posted by aneri:
Hudson,
quote:
posted by foofoo11
Back in 2001 I married my ex, we filed for her green card application so she would't get deported, since she was here on vacation visa which had expired. Keep in mind, I'm not a citizen, just a permanent resident.

quote:
posted by Hudson
Furthermore, no where in the interview proceedings does the immigration officer ask if they are happily married. They determine, based on the evidence presented at that time, whether the marriage was entered into full faith or not.

Do you think that if they disclosed at the interview that they were going throug a divorce, his wife would still get GC based on marriage (providing she had tons of evidence of good-faith marriage)? We don't know much about their situation and why OP is worried now; here is one scenario - if they were asked during the interview if they live together (they were separated), and she said yes and he did not say anything!? Is that fraud on his part? (i don't know)

Aneri, you are making the assumption that the immigration officer asked directly, "Do you still live together?" But remember, the interview for AOS is predicated on "was the marriage based on faith and good moral standing." This is done when the interviewees present copies of the birth certificates, tax returns, etc, what questions might the immigration officer ask will be based on that as well as how the two are communicating non verbally. Keep in mind that the interview happened in 2004 and presumably the green card was granted.

Now it is 2008, and after reviewing the post again, I noticed something. I presumed he was a USC, not a LPR. So, is he going for his citizenship as the reason why he is posting now.

I still do not see any wrongdoing here, but only assumptions on what is being said and presumed. Not a good thing.
 
Posts: 2946 | Registered: 12-21-2005Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Posted Hide Post
quote:
Originally posted by Hudson:
Aneri, you are making the assumption that the immigration officer asked directly, "Do you still live together?" But remember, the interview for AOS is predicated on "was the marriage based on faith and good moral standing."


No, in absence of specific info, I was imagining one scenario...

My question still stands:
Does anybody think that if they disclosed at the interview that they were going throug a divorce, his wife would still get GC based on marriage (providing she had tons of evidence of good-faith marriage)?
 
Posts: 1490 | Registered: 03-10-2006Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Picture of Rough Neighbor
Posted Hide Post
quote:
Originally posted by Jeff:
...
From now on, use protection, people like you shouldn't procreate. Have you considered sterilization ?


Anger management (or psychiatric evaluation) is highly recommended.






________________________________________________________________________
"Our task now is not to fix the blame for the past, but to fix the course for the future." JFK
 
Posts: 2080 | Registered: 01-16-2007Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Picture of 4now
Posted Hide Post
quote:
Originally posted by foofoo11:
I'm not sure where to begin but my conscience is getting to me and the thought is constantly in back of my mind like a crimminal running from the law looking over their shoulders.
I'll try to keep it as brief as possible and maybe someone here on this board can assist me on how I can handle this situation.
Back in 2001 I married my ex, we filed for her green card application so she would't get deported, since she was here on vacation visa which had expired. Keep in mind, I'm not a citizen, just a permanent resident.
So, here's the sad part...
We had a child in 2002 and in 2003 my ex and I separated and in 2004 I filed for a divorce who at the time did not have her green card.
After the divorce was filed and got the court clerk to sign off on the filed documents, I was waiting for the judge to sign off on the divorce but never got the document back from the court stating the divorce was final. I didn't think too much of it thinking the divorce was final and I was ready to move on. Come to find out later on, that my ex never turned in her portion of the divorce papers. At the same time the INS sent her information packet on getting her green card. Of course she did everything she could to get her green card, getting her finger prints sent in, getting a sponsor to sign off since she couldn't get me to prove enough finacial resposibilities.
That's all fine and dandy, but only snag she ran in to was the interview. She needed me to go with her to the interview as a couple to get approved. I refused at first but she used our daughter as bait, saying she would not let me see her if i didn't do this for her and she promised she would finallize the divorce after she got her green card if I just went in with her to pretend we were still together. I didn't know the CONSEQUENCES at the time, all I was really thinking about was my daughter and wanting to be able to see her. So I agreed and went through the process. She recieved her green card shortly after that.
What can I do to get this off of my conscience? Terrified of getting that letter from INS stating we need to come in for a second interview or something. I feel like I committed a crime, knowingly falsifying our relationship. This has bothered me for 4 long years. Could someone enlighten me on what I should or could do?




Hello Foo Foo and Welcome to ILW

nteresting situation you present here.

Dont beat yourself up about what you did. You seem to have a very good heart. You married your wife and had 2 Im sure beautiful children. For whatever reason , you choose to not stay in the marriage. You also chose to do teh right thing by attending that interview to ensure that your family would stay in the usa and be able to see them at your own conveninece and to have influence in their lives. This is the emotional opinion. Smile

Now I will need a few more info before i can give an opinon otherwise on your situation.

I will have to assume that the state you filedd divorce in allows a petition where both sign for an agreed no fault type divorce. The wife never completed her part to submit.


Please answer the following questions 4 me to try to advise you.:

Now the 64 thousand dollar question.... Did you and the wife ever finalize the divorce after the interiew as promised? If so, when did she finally file her paperwork, and when did it finalize in the courts?

Exactly what date did you seperate from your wife and what date did you file the divorce in 2004.?

When was the interview date exactly ?

In the meantime dont you or your wife apply for citizenship just yet Wink
 
Posts: 3600 | Registered: 09-27-2003Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Picture of MakeItRight!
Posted Hide Post
quote:
Originally posted by Rough Neighbor:
quote:
Originally posted by Jeff:
...
From now on, use protection, people like you shouldn't procreate. Have you considered sterilization ?


Anger management (or psychiatric evaluation) is highly recommended.


Fila. A Hole Trouble maker!
 
Posts: 3242 | Registered: 05-03-2008Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Picture of Rough Neighbor
Posted Hide Post
quote:
Originally posted by MakeItRight!:
...

Fila. A Hole Trouble maker!


What happened, dckitty? Hiding in a new Login ID? And, yes, you're right I'm a trouble maker. I'll make trouble continuously for someone like you, 'tran!'






________________________________________________________________________
"Our task now is not to fix the blame for the past, but to fix the course for the future." JFK
 
Posts: 2080 | Registered: 01-16-2007Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Picture of MakeItRight!