Sham Marriage to Obtain Citizenship

I personnally know of a situation where an illegal alien has entered into a legal marraige to obtain citizenship. What if any arethe portions of the INS code or laws are being violated? What penalties would there be for the US citizen - for the illegal?

How and to whom can this be reported and what can be done to get prompt action?

Do not be judgemental - please answer the questions and I will post the other issues involved that make this seemingly harmless evasion of the law much more serious as the US citizen is a felon on probation involved in other illegal activity. I will post more detail later.

I personnally know of a situation where an illegal alien has entered into a legal marraige to obtain citizenship. What if any arethe portions of the INS code or laws are being violated? What penalties would there be for the US citizen - for the illegal?

How and to whom can this be reported and what can be done to get prompt action?

Do not be judgemental - please answer the questions and I will post the other issues involved that make this seemingly harmless evasion of the law much more serious as the US citizen is a felon on probation involved in other illegal activity. I will post more detail later.

The marriage is soley to gain citizenship. The US citizen is a lesbian and their has been no marriage consumated. She is a convicted felon has stolen the illegals credit cards - used the proceeds for drugs and is on probation for other charges. She is blackmailing the illegal now to prevent him from taking any legal action against her - her thraet is to leave the illegals house where felon citizen lives with her lesbian lover and not attend the citizenship hearing.

The illegal does not understand that she will never relaese him even though he thinks he can divorce her - she has a free ride- no rent- etc and will not ever go away voluntarily. How can this sham marriage be reported and to whom so that this woman gets whats she deserves - I hope jail for a long time. Please advise.
I have advised illegal that he risks more by not coming clean to INS because this woman (US citizen -felon) is always going to blackmail and threaten him with exposure.

"False marriage" and blackmail are both considered crimes. If denounced, this illegal alien could be imprisoned and/or deported and his "wife" could be imprisoned.

"FALSE MARRIAGE":
Immigration and National Act
Sec. 275
(c) An 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://www.ins.usdoj.gov/lpBin/lpext...htm#slb-act275)

BLACKMAIL:
US Code
Title 18 - Part I - Chapter 41 - Section 873
Whoever, under a threat of informing, or as a consideration for not informing, against any violation of any law of the United States, demands or receives any money or other valuable thing, shall be fined under this title or imprisoned not more than one year, or both.
(http://www4.law.cornell.edu/uscode/18/873.html)

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Author Topic: SSN Backlog
Stalled
Guest posted January 02, 2003 12:57 PM
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My wife and I(USC) submitted our forms I-485, I-130 fingerprints the whole deal in Sept. She got her Work Authorization card in Sept. but she still hasn't recieved SSN. SSA says they are waiting on authorization from INS, they said others are waiting since August. We have our I-485 interview this month but I haven't been able to do much for my wife without SSN. We are happily married but with out much joint documentation.

Are others caught up in this backlog between INS and SSA ?

tsueG
Guest posted January 02, 2003 01:56 PM
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Your wife can't have the SSN unless she have the "green card". With the "green card" in her hand she has to go to the local SS Office to apply for the new SSN.
After you do this, you will have the card in a week.
So you have to wait a little bit longer.

Stalled
Guest posted January 02, 2003 02:11 PM
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SSN

Then why did they give her the Work Authorization card already? I was told that's all she needed.

Bushmaster
Guest posted January 02, 2003 02:20 PM
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With EAD, you can get both SSN and the Driver's license, you don't need to wait till you get the green card...

It doesn't make any sense, does it? Why are they giving your wife a working permit if she won't be able to work without a SSN?

tseuG
Guest posted January 02, 2003 02:32 PM
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It make sense. They have the adjustment of status interview (I-485) this month. What happens if she don't get approved?
She does have the approve to work. Tell the employer that the wife will have the SSN shortly.
In any case you will have the SSN after getting the green card.

nodeal
Guest posted January 02, 2003 07:07 PM
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ead

Tseug does not know what s/he is talking about... sorry, but it's true.

stupid
Guest posted January 02, 2003 10:51 PM
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tseuG, you are stupid.

Bushmaster
Guest posted January 02, 2003 11:40 PM
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EAD

It shouldn't be called a working authorization then, if she won't be able to work... The employer would care less if she will get a SSN soon. It is not employer's problem... And not every employer would allow her to work without a SSN by the way...

SSN
Guest posted January 03, 2003 01:58 AM
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When one gets an EAD from the INS, s/he can go to an SSA local office to get an SSN valid for work. While it may be true that the SSA may take a little longer after Sep, 11 to issue an SSN (since they may want to verify directly with INS whether you really are eligible for it) it is by all means possible to be issued an SSN.

post now
Guest posted January 03, 2003 02:16 AM
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On the other hand, an employer has to accept the EAD -- Form I-766 (Employment Authorization Document) as a List A document -- which means that the EAD will serve as both a document to establish the identity of the person (since it has a photo) and to prove that the individual is authorized to work from the INS. (see here,

http://www.ins.usdoj.gov/graphics/fo.../forms/i-9.htm

for the changes to the I-9 process.


Here it is the Form I-9 that the employer is required to complete before employing an alien -- please note that on page 3 there are listed documents required to be submitted by an alien to the employer in connection with the I-9 Form.

http://www.ins.usdoj.gov/graphics/fo.../files/i-9.pdf

it's great
Guest posted January 03, 2003 02:26 AM
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True, an employer should not deny such a person employment, but still an SSN is needed, I guess. Anyway, I'd say it's a bit strange how Stalled's wife has gotten her EAD the same month she filed her papers, and it is taking almost 4 months for the SSA to issue her the SSN.

On the other hand, how it is possible to be interviewed for an AOS case only 4 months after having filed the paperwork? It usually takes 1 year to 1 year and a half from the point in time you file the papers 'til you go to the interview -- I know it differs from one local INS office to the other, but still 4 months it's great.

Bureaucracy
Guest posted January 03, 2003 02:36 AM
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There's nothing to be surprised about; there are INS District Offices, like these ones, e.g.,

http://shusterman.com/aos1.html#8

that process AOS cases in a little less than 3-4 months.

After ll, not all INS offices are bureaucratic

originally
Guest posted January 03, 2003 02:47 AM
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Okay, so basically the deal is that in case the INS ultimately does not approve the AOS application, they take your authorization to work away? Or you still hold it 'til it expires after a year or so that it was originally issued? And I was also curious as to what does a current employer usually do after an alien's EAD has expired, given that the INS has not placed this alien in deportation proceedings after denying him/her the green card (that is to say the alien is not forced to get out the country)?

helpful
Guest posted January 03, 2003 03:36 AM
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Helpful thread

http://discuss.ilw.com/eve/forums?a=...1&m=9076081881

Gidget
Guest posted January 03, 2003 08:08 AM
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Stalled,
Listen to my advice: Go back to the SS office now and apply for SSN. The main reason why they didn't issue your wifes one was because your wife's name wasn't in their system yet. Sometimes it takes a month or 2 to be in their system. believe me! I got my EAD on Oct and got my SS card on the first week of Nov. When I applied, the lady told me that I applied too soon, the explanantion was what I told you.But I was lucky because my name was in the system already. My parents just got here on the 12th of Dec. they were trying to get thier SSN but declined bec. of that reason. Well, good Luck to you and your wife.

in the U.S.
Guest posted January 03, 2003 09:24 PM
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To: Originally

A person like the one you are talking about would possibly be able to continue to work and live in the U.S.

Kathy
Guest posted January 04, 2003 09:55 AM
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Hi.....after receiving my work permit (EAD) i immiediately applied for social security and i am still waiting for my number (card). In the meantime i started work with only my EAD, the employer filled out an I-9 form. I called social securty office and they told me it could take several weeks as they need verification from INS. They said there are several applications pending because of this. I then called INS to verify whether i could work while my social security is pending, they said absolutely, so i am working without social secuirty. My employer is withholding taxes in the meantime, on the w2 section my employer has to write pending in the social security section. anyway hope this helps

bugzy
Guest posted January 04, 2003 03:03 PM
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By the time you married your wife, assuming that she entered with on a K1 visa, she can get a SSN, stating "NOT VALID FOR WORK WITHOUT INS APPROVAL" as soon as she aquire her work permit, all she has to do is show it to prospective employers that she has the "LEGAL RIGHT" to work in the US.

new SSN
Guest posted January 04, 2003 07:49 PM
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Very valid point Bugzy regarding the SSN cards that have written on red either "Not Valid For Employment" (issued before 2002 for Drivers' Licenses purposes) or "Valid For Employment With INS Authorization Only".

Do you know whether a person which already possesses one of the above-mentioned cards would still have to go to the SSA office with his EAD and request an SSN card that does not have written stuff on red anymore, or is it that the SSA will issue to this person a completely new SSN now that the alien will show them the EAD he got from the INS?

Joseph Owona
Guest posted January 05, 2003 11:48 AM
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I had a card with the mention "not valid for employment" on it, as soon as I got my EAD card I went to the SSA office here in NYC the change was made over on the computer and I was given a letter stating that my new card with the mention "valid for employment with INS authorization" will be in the mail in the next 14 days.so I guess the delay is just for people who never had SSN in the past.




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If the person entered illegally and got married recently, there is nothing they can do. Before you can get citizenship, you have to get your green card and that takes a few years..

Sounds like there is more to this story that you're telling us.....