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  • Fraud Consequence????

    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?

  • #2
    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/script...tle=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 ?

    Comment


    • #3
      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.

      Comment


      • #4
        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?
        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?

        Comment


        • #5
          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

          Comment


          • #6
            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...

            Comment


            • #7
              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.

              Comment


              • #8
                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.

                Comment


                • #9
                  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.

                  Comment


                  • #10
                    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.
                    "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

                    Comment


                    • #11
                      Originally posted by speed_025:
                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">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... </div></BLOCKQUOTE>
                      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.
                      "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

                      Comment


                      • #12
                        Hudson,
                        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.
                        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)

                        Comment


                        • #13
                          Originally posted by aneri:
                          Hudson,
                          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">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.
                          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) </div></BLOCKQUOTE>
                          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.
                          "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

                          Comment


                          • #14
                            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)?

                            Comment


                            • #15
                              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.

                              Comment

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