IF AOS MARRIGE BASED DENIED

[Kalla]

Ardainia:
Good point, the interviewer's demeanor plays a great deal in how the interview goes, because a "mean" interviewer" can make anybody feel uncomfortable regardless of the "bona fide" of the mariage.

Swissnut:

[Glühbirne]

I wonder what percentage of people they actually deny?

I can't put my husband on my health insurance because he has no social security number and it took a long time to find a bank that would let us open a joint account, also because of the social security number issue. The only reason that we put eachother's names on our car titles was too save $ on our insurance. My husband has a driver's license from a different state because he can't get a Calfornia one without a social security number. On paper, we may look like a sham marriag. He is eight years older than me.

However, I speak fluent Spanish with a Mexican accent, proof that I've been hanging around him for years. I know his birthday, all his relatives' names and where they live, and everything else personal. I can say whether or not he's circumsized and where on his body he has scars and what color his toothbrush is etc etc. I think it would be obvious to anyone that we reallyl ive together and sleep in the same bed like husband and wife, etc. I'm not cocky, but I'm definately not worried that anyone would say that he's not really my husband.

Tell your friend not to worry.

[Glühbirne]

Putting him on your bank account and insurance policies doesn't prove his intentions, either.

They just want to make sure that you're really married and living together. That's about all that they can realistically do. They're not going to psychoanalyze the alien to try to find out if s/he really loves the citizen.

[BronzeLady]

The fact is that CIS officers often may KNOW the intent of the applicant but, unfortunately, if the USC believes that the marriage is real there is not much you can do about it. There are certain countries where the men are well known for marrying US citizens, living with them (sometimes for years) and even having children with them but have no intention of staying married. Pretending to be married is one thing but letting the woman have kids when you know you have your real wife back home that you are going to apply for as soon as the card is mailed to you.

[Still Learning]

If a man still has a living wife "back home" and marries a US citizen and they file to adjust status, isn't that polygamy, i.e. "non-marriage" in INS eyes? And also fraud to INS? Is that something that the person could have gc revoked for and ultimately denied citizenship?

[Kalla]

BornzeLady,
I think you are going a little bit too far in the stereotypes you are trying to describe here. I am sure the situation you are describing did happend in the past, but the percentage has to be extremely marginal compare to the percentage of mistakes made by your "little" friends downtown.

[swissnut]

Still:

As far as my sources go, in the scenario you describe above and if USCIS are made aware of it, several issues can arise.

First, the marriage to the USC spouse is void, so the alien will not gain immigration benefit from it and would then be out of status and ineligible, since this is considered a crime. Since the alien knew that he or she was ineligible to enter into a marriage with the USC, according to US law, he or she has committed immigration fraud and would be subject to a penalty of 5 years imprisonment and up to $250,000 fine. Of course, there could be cases where the USC might be totally unaware of the situation and therefore not guilty of the fraud, but if he/she had any inkling at all, had expressed those suspicions to others and continued to pursue the immigration benefit for the alien, then those penalties can also apply to the USC as well.

[Glühbirne]

My mom has a cousin who that supposedly happened to. She was overweight and didn't even have a cute face. She married this really good-looking Mexican guy. He got her pregnant. Supposedly he had a girlfriend back in Mexico the whole time.

Ever seen "Like Water for Chocolate?" It's a Mexican movie. The guy marries a woman so that he can be near her sister, who is the one he really loves. The movie makes the one he married out to be the villian. It's sad.

Yeah, I can see how some idiots probably do that. You can't expect immigration to spot that sort of thing, though. They can't just deny someone's petition because they think that the alien doesn't really love the citizen.

As far as the statement that CIS officers often KNOW the intent of the immigrant, I'm a bit skeptical. Alhough I don't doubt that they would be far better at assessing such a thing than someone off the street, that fact is that they they are usually meeting the people for the first time.

When I was 15 I passed out in the hallway of my highschool and the vice principal KNEW I'd been taking drugs. He'd been the vice principal of a highschool for 20 years and he knew a high kid when he saw one. To this day I've never used an illegal substance in my life!!

[BronzeLady]

Kalla,

It still happens and happens a lot.

Still Learning,

If your spouse ups and leaves one day and disappears do you know why they left? Sure if you can prove that it was a polygamous marriage the second marriage would be null. Also, some will divorce the first wife, marry the second, get the gc, wait the 5 year period (which is what you have to wait) and then file for "real" wife. Can't prove intent there.

Gluhbirne,

many do KNOW the intent but, you cannot act on intent. When you see the situation often enough you can spot it. Everyone has the right to ruin their life if they so choose.

[booob]

Another fraudster on his way to Green Card !!!! Go back to Grintland!!!

[Glühbirne]

LOL The day that you'll know the most is the day that you'll be able to admit that you don't KNOW anything.

[Still Burning]

"if he/she had any inkling at all"

I have an inkle when I tinkle.