Overstay parent. Marriage fraud

[CMBx3 3]

What would happen in this situation.

 

Jane,  a US citizen wants to file for her father who is now out of status in the USA.  Jane became a resident as a child through her mom who married a us citizen. Problem is that before the mother married the us citizen she was previously married to Jane's father. They were never legally divorced and Jane's mother didn't make uscis aware of her previous marriage. The 2nd marriage was just to get Jane's mom legal status at the time, there hasn't been an ongoing relationship since then.  Jane's mom is still a resident  and still legally married to Jane's father and the us citizen who petitioned her. 

 

Jane wants to know if and how this will now affect her petitioning for her father?

 

[Transborderwife 4,666]

That's was fairly confusing.  Is it a personal story?  It's make more sense then.

 

but my basic gist of it is Jane's citizenship as well as her mothers is fraudulent.

 

what could happen?  She and her mother could lose their citizenship and be removed with a lifetime ban for misrepresentation.

[Patient 57]

A mess, one which was swept under the carpet until now.

 

Personal route, quietly get mother and father to legally divorce - . It would be an amicable split surely after all of this time. 

 

Then the killer decision step 2 - what is the real reason for the move to the USA - you have had many years separated. Could you both work out "long stay holidays" if he is close to retiring or sharing his house as a vacation home. It would be a huge help as I fear bad times and stress if this can of beans is opened by Homeland Security with all the changes rumoured, threatened to happen in the future. 

 

[Ben&Zian 4,397]

Agreed with above. If the mother married the USC without divorcing the father, then both of them never should have gotten legal status in the US and most likely would/should be removed.

[Bayoubrit 18]

30 minutes ago, CMBx3 said:

What would happen in this situation.

 

Jane,  a US citizen wants to file for her father who is now out of status in the USA.  Jane became a resident as a child through her mom who married a us citizen. Problem is that before the mother married the us citizen she was previously married to Jane's father. They were never legally divorced and Jane's mother didn't make uscis aware of her previous marriage. The 2nd marriage was just to get Jane's mom legal status at the time, there hasn't been an ongoing relationship since then.  Jane's mom is still a resident  and still legally married to Jane's father and the us citizen who petitioned her. 

 

Jane wants to know if and how this will now affect her petitioning for her father?

 

I would thing their legal status changes, if the first marriage was not over then the second marriage isn't legal. Therefore you cant claim status if it doesn't exist. During my GC interview we did not include my wife's' first set of divorce papers just the second and the IO said he can not approve the case until he can see that the first marriage ended legally.

It also sounds like a story as to why genuine married people have to jump through hoops just to prove they are genuine today. 

[CMBx3 3]

Is it best for Jane not to sponsor her father then? 

The fact that this happened when she was a minor and innocent to the misrepresentation would it still affect her? 

Is there the chance that uscis wouldn't ask about the fathers marriage history or not not link his case with what the mother had done?

 

Not a personal story, I'm asking on someone's behalf.

[Bayoubrit 18]

1 hour ago, CMBx3 said:

Is it best for Jane not to sponsor her father then? 

The fact that this happened when she was a minor and innocent to the misrepresentation would it still affect her? 

Is there the chance that uscis wouldn't ask about the fathers marriage history or not not link his case with what the mother had done?

 

Not a personal story, I'm asking on someone's behalf.

Considering how much information i had to provide in my case , short of many many people not doing there job i would say them not noticing would not be a hope i would want. She can not be that innocent in the story because she is going around telling people and asking advice. What is she going to say under oath if they ask about the first marriage? Lie? The last people you want to be caught in a lie with is the US government.

Well in my eyes if the first marriage stands and there is no divorce then the second marriage is either polygamy or immigration fraud, both which don't sit well with the USCIS. If the second marriage is not recognized because the first marriage wasn't resolved then the sham marriage for the green card is not lawful. therefore give the mother and daughter no claim to stay in the US.  

I am by no means an expert but that is how i see it.

 

My last comment would be go to an immigration attorney and present the case there. They will tell you straight away what the crack is!

[Boiler 43,428]

Jane probably does not have a misrep charge, just obtained Citizenship fraudulently.

[Unlockable 7,306]

Moral of this story is whether she was innocent or not she can't correct the mistakes of her parents.

[Pinkrlion 2,607]

Both will lose citizenship and all three deported.

[Jawaree 717]

Jane has to be a USC to petition dad & over age 21 yrs

 

Janes mom committed fraud ( if dad knew & agree to it he's he culpable too)

 

Dad petition for any visa he has to reveal that he is a married man

 

Mom should never petition anyone is all I 'll say

 

If OP was underage she needs to get an atty to speak with, if she

was an adult & part of the fraud she's removable too & better not

petition dad

Edited January 19, 2017 by Jawaree

[sharkfin07 16]

21 hours ago, Transborderwife said:

That's was fairly confusing.  Is it a personal story?  It's make more sense then.

 

but my basic gist of it is Jane's citizenship as well as her mothers is fraudulent.

 

what could happen?  She and her mother could lose their citizenship and be removed with a lifetime ban for misrepresentation.

i agree with transborderwife's conclusion.

just as the law says," a poisoned tree will bear poisoned fruits". mother's citizenship is null and void as there was fraud in its acquisition. the same is true with jane's status, as it is derived from the fraudulently acquired status of the mother.

additionally, jane's innocence won't escape another law basic, "ignorance of the law excuses no one." and remember, there is no grey area in law. it is black and white.

her intention to petition her dad will open a pandora's box which will explode in their faces.

would she dare do that? i won't advice it.

[Auds 223]

Who did Jane's mum state to be her dad in ber papers?  Did she say she was never married? Or did she get fake divorce papers?

 

janes dad could be just her biological dad - never married.   Were the legallt married or was it sonething not recognized not documented?