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Results 1 to 7 of 7

Thread: Marriage scam

  1. #1
    How long does one have to be married to a USC before they are legal? My brother married someone from another country, and she left him just slightly over a year of marriage. It seems she married him to get in the country and have him support her here. She is expects him to fully support her and her child (not his). I thought you had to be married longer before you were legal. He is revoking his request for sponsorship of her son but I doubt that will stop the INS from deporting him since he is only 5 years old. HELP

  2. #2
    How long does one have to be married to a USC before they are legal? My brother married someone from another country, and she left him just slightly over a year of marriage. It seems she married him to get in the country and have him support her here. She is expects him to fully support her and her child (not his). I thought you had to be married longer before you were legal. He is revoking his request for sponsorship of her son but I doubt that will stop the INS from deporting him since he is only 5 years old. HELP

  3. #3
    You generally do. Two years of a conditional green card, then it can be converted to a regular one, but there are ICE interviews to assess the genuineness of the marriage before that.

  4. #4
    So why is my brother's lawyer painting a bleak picture regarding support? Shouldn't the INS investigate and send her back since she married under false pretenses? They've been notified but are not doing anything about it. I thought they were strict about people marrying just to get in the country.

  5. #5
    You wrote..."My brother married someone from another country, and she left him just slightly over a year of marriage. It seems she married him to get in the country and have him support her here. She is expects him to fully support her and her child (not his)."

    The issue here as to whether there is a remedy is dependent upon whether or not the alien had received a permanent Green Card or not. Usually after marriage, the alien petitions with the USC to adjust status from non-immigrant to immigrant requesting permanent residency. If the petition is filed with INS/BCIS after the marriage has been in effect 2 years, then a GC is given to the alien spouse. However, if the petition is filed prior to a marriage which has been in effect for a period of 2 years, when the petition is reviewed and the INS gives the alien spouse conditional residency for a period of another two years. They must then either jointly with the USC spouse, or alone if already divorced, petition to remove the conditions 90 days before that 2 year conditional period has elapsed.

    In the case of your brother, perhaps they had submitted the petition to adjust status after they had already been married 2 years, in which case the Alien would AUTOMATICALLY get the GC.

    However, if your brother has real documentary evidence which would support a sham marriage on his wife's part, which would not implicate him, I believe there are means to have his wife investigated. If such investigation proves marriage fraud on her part, then she would lose her GC.

  6. #6
    Furthermoe, I am a little confused as to what you mean by sponsorship support of her son. If your brother was sponsor of his wife's petition for GC, this is irrevocable, after the awarding of GC unless there is some proof of fraud.

    If you mena that your brother does not wish to provide child support to the son of the marriage, this has nothing to do with INS/BCIS.

  7. #7
    My terminolgy was wrong regarding the sponsorship. He WAS going to be the sponsor to her child. Under the new circumstances, he is withdrawing his sponsorship. It hasn't gone through yet.

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