Marriage Fraud

[mairejain 0]

This is long....my son's father and I are battling things out in court right now. We live in Florida and my son has allergy-induced bronchial asthma. He takes multiple medications/breathing treatments each day and I am attempting to move up north because he and my daughter from another relationship are constantly medicated. My son is two. Our pediatrician said it would drastically improve their health if we moved to an area that had fewer allergents. My son's father, however, who seems to still have emotional ties to me, refuses to agree to the move; so I have to petition the court, and, in Florida, it is not likely that the relocation will be granted if he objects to it. And he said he would object. Here's the issue. I had a marriage license with my this man, who is from the Dominican Republic, in March 2005. I broke off the engagement as I felt it was green-card related. He, in turn, and within two months, married another woman. He specifically mentioned to me that he knew somebody he could marry for the green card; I just didn't know he would do it. I notified him that I was pregnant in April 2005, but I had NO clue he had already married this woman (I believe he had a marriage license in Florida with me at the same time he had a marriage license with her in New York). Once the baby was born, he seemed to be back into a relationship with me (yes, physical and visiting me and the baby). I have several e-mails from him, which state that he loves me, etc. Some of a graphic nature, as well. Once I found out that he was married, he swore it was for green card purposes, and we continued to maintain a relationship; although, eventually I was uncomfortable with things and I ended it. I have e-mails regarding his having to wait two years, and how I need to have patience, and he loves me, and even one alluding to the divorce, which he had already planned one year into the marriage. We have a DNA test from February 2006, proving he is the father. He wed this lady around April 2005. I am SURE that he has had to fill out forms sometime between February 2006 and May 2007, which is when his wife found out about our son (she had no clue until May 2007). Would this scenario constitute marriage fraud, even if she may not be a party to it? I'm sure she will do the 'stand by your man' thing; but he also has a webpage (very current), which indicates he is 'Single' and 'Looking to Date Women.' To add to all of this, in August 2006 (six months after he knew, via DNA testing, that he was my son's father, and days before and after he sent multiple e-mails to me, telling me he loves me), he sent me a link to an immigration website, telling me to fill out a form. I wrote back asking him what he wanted me to fill out the form for. He said 'to bring my brother from the Dominican Republic.' When I viewed the form, it was one of those preliminary fiance ones. He has been married since about April 2005. Will ICE investigate this? Isn't it a Federal Offense to solicit somebody to assist with fraudulent entry of an alien into the U.S.?

[pushbrk 12,156]

This is long....my son's father and I are battling things out in court right now. We live in Florida and my son has allergy-induced bronchial asthma. He takes multiple medications/breathing treatments each day and I am attempting to move up north because he and my daughter from another relationship are constantly medicated. My son is two. Our pediatrician said it would drastically improve their health if we moved to an area that had fewer allergents. My son's father, however, who seems to still have emotional ties to me, refuses to agree to the move; so I have to petition the court, and, in Florida, it is not likely that the relocation will be granted if he objects to it. And he said he would object. Here's the issue. I had a marriage license with my this man, who is from the Dominican Republic, in March 2005. I broke off the engagement as I felt it was green-card related. He, in turn, and within two months, married another woman. He specifically mentioned to me that he knew somebody he could marry for the green card; I just didn't know he would do it. I notified him that I was pregnant in April 2005, but I had NO clue he had already married this woman (I believe he had a marriage license in Florida with me at the same time he had a marriage license with her in New York). Once the baby was born, he seemed to be back into a relationship with me (yes, physical and visiting me and the baby). I have several e-mails from him, which state that he loves me, etc. Some of a graphic nature, as well. Once I found out that he was married, he swore it was for green card purposes, and we continued to maintain a relationship; although, eventually I was uncomfortable with things and I ended it. I have e-mails regarding his having to wait two years, and how I need to have patience, and he loves me, and even one alluding to the divorce, which he had already planned one year into the marriage. We have a DNA test from February 2006, proving he is the father. He wed this lady around April 2005. I am SURE that he has had to fill out forms sometime between February 2006 and May 2007, which is when his wife found out about our son (she had no clue until May 2007). Would this scenario constitute marriage fraud, even if she may not be a party to it? I'm sure she will do the 'stand by your man' thing; but he also has a webpage (very current), which indicates he is 'Single' and 'Looking to Date Women.' To add to all of this, in August 2006 (six months after he knew, via DNA testing, that he was my son's father, and days before and after he sent multiple e-mails to me, telling me he loves me), he sent me a link to an immigration website, telling me to fill out a form. I wrote back asking him what he wanted me to fill out the form for. He said 'to bring my brother from the Dominican Republic.' When I viewed the form, it was one of those preliminary fiance ones. He has been married since about April 2005. Will ICE investigate this? Isn't it a Federal Offense to solicit somebody to assist with fraudulent entry of an alien into the U.S.?

I would discuss this with your attorney. Sounds like you'd like to have the father deported in order to move your son to a more healthy climate. It does sound like visa fraud, yes.

Next time, please divide your writing into paragraphs. It is extremely difficult to follow the above format.

[TracyTN 237]

What type of visa did he arrive on?

[mairejain 0]

This is long....my son's father and I are battling things out in court right now. We live in Florida and my son has allergy-induced bronchial asthma. He takes multiple medications/breathing treatments each day and I am attempting to move up north because he and my daughter from another relationship are constantly medicated. My son is two. Our pediatrician said it would drastically improve their health if we moved to an area that had fewer allergents. My son's father, however, who seems to still have emotional ties to me, refuses to agree to the move; so I have to petition the court, and, in Florida, it is not likely that the relocation will be granted if he objects to it. And he said he would object. Here's the issue. I had a marriage license with my this man, who is from the Dominican Republic, in March 2005. I broke off the engagement as I felt it was green-card related. He, in turn, and within two months, married another woman. He specifically mentioned to me that he knew somebody he could marry for the green card; I just didn't know he would do it. I notified him that I was pregnant in April 2005, but I had NO clue he had already married this woman (I believe he had a marriage license in Florida with me at the same time he had a marriage license with her in New York). Once the baby was born, he seemed to be back into a relationship with me (yes, physical and visiting me and the baby). I have several e-mails from him, which state that he loves me, etc. Some of a graphic nature, as well. Once I found out that he was married, he swore it was for green card purposes, and we continued to maintain a relationship; although, eventually I was uncomfortable with things and I ended it. I have e-mails regarding his having to wait two years, and how I need to have patience, and he loves me, and even one alluding to the divorce, which he had already planned one year into the marriage. We have a DNA test from February 2006, proving he is the father. He wed this lady around April 2005. I am SURE that he has had to fill out forms sometime between February 2006 and May 2007, which is when his wife found out about our son (she had no clue until May 2007). Would this scenario constitute marriage fraud, even if she may not be a party to it? I'm sure she will do the 'stand by your man' thing; but he also has a webpage (very current), which indicates he is 'Single' and 'Looking to Date Women.' To add to all of this, in August 2006 (six months after he knew, via DNA testing, that he was my son's father, and days before and after he sent multiple e-mails to me, telling me he loves me), he sent me a link to an immigration website, telling me to fill out a form. I wrote back asking him what he wanted me to fill out the form for. He said 'to bring my brother from the Dominican Republic.' When I viewed the form, it was one of those preliminary fiance ones. He has been married since about April 2005. Will ICE investigate this? Isn't it a Federal Offense to solicit somebody to assist with fraudulent entry of an alien into the U.S.?

I would discuss this with your attorney. Sounds like you'd like to have the father deported in order to move your son to a more healthy climate. It does sound like visa fraud, yes.

Next time, please divide your writing into paragraphs. It is extremely difficult to follow the above format.

Right, I should have broken it up. (Hence the "Newbie" next to my name.) And, yes, I would like to have him deported because he barely exercises his visitation with my son and pays child support sporadically, yet is trying to force me to stay in a place where my son can barely breathe.

[djcess 0]

This is long....my son's father and I are battling things out in court right now. We live in Florida and my son has allergy-induced bronchial asthma. He takes multiple medications/breathing treatments each day and I am attempting to move up north because he and my daughter from another relationship are constantly medicated. My son is two. Our pediatrician said it would drastically improve their health if we moved to an area that had fewer allergents. My son's father, however, who seems to still have emotional ties to me, refuses to agree to the move; so I have to petition the court, and, in Florida, it is not likely that the relocation will be granted if he objects to it. And he said he would object. Here's the issue. I had a marriage license with my this man, who is from the Dominican Republic, in March 2005. I broke off the engagement as I felt it was green-card related. He, in turn, and within two months, married another woman. He specifically mentioned to me that he knew somebody he could marry for the green card; I just didn't know he would do it. I notified him that I was pregnant in April 2005, but I had NO clue he had already married this woman (I believe he had a marriage license in Florida with me at the same time he had a marriage license with her in New York). Once the baby was born, he seemed to be back into a relationship with me (yes, physical and visiting me and the baby). I have several e-mails from him, which state that he loves me, etc. Some of a graphic nature, as well. Once I found out that he was married, he swore it was for green card purposes, and we continued to maintain a relationship; although, eventually I was uncomfortable with things and I ended it. I have e-mails regarding his having to wait two years, and how I need to have patience, and he loves me, and even one alluding to the divorce, which he had already planned one year into the marriage. We have a DNA test from February 2006, proving he is the father. He wed this lady around April 2005. I am SURE that he has had to fill out forms sometime between February 2006 and May 2007, which is when his wife found out about our son (she had no clue until May 2007). Would this scenario constitute marriage fraud, even if she may not be a party to it? I'm sure she will do the 'stand by your man' thing; but he also has a webpage (very current), which indicates he is 'Single' and 'Looking to Date Women.' To add to all of this, in August 2006 (six months after he knew, via DNA testing, that he was my son's father, and days before and after he sent multiple e-mails to me, telling me he loves me), he sent me a link to an immigration website, telling me to fill out a form. I wrote back asking him what he wanted me to fill out the form for. He said 'to bring my brother from the Dominican Republic.' When I viewed the form, it was one of those preliminary fiance ones. He has been married since about April 2005. Will ICE investigate this? Isn't it a Federal Offense to solicit somebody to assist with fraudulent entry of an alien into the U.S.?

I would discuss this with your attorney. Sounds like you'd like to have the father deported in order to move your son to a more healthy climate. It does sound like visa fraud, yes.

Next time, please divide your writing into paragraphs. It is extremely difficult to follow the above format.

I agree! deport .. deport!

[mairejain 0]

What type of visa did he arrive on?

I have NO idea how he got here. He had been floating around on a temporary visa for maybe 6 months; I believe looking for someone to marry. I'm not familiar with this Immigration stuff. But, I am certain that he filled out some paperwork between February 2006 (when he was proved to be my son's father) and May 2007 (when his wife found out), which should have asked him if he had dependents. He would certainly have said "no," hence his wife's surprise to it all. Again, they wed in April 2005, I believe, so I am SURE there was something filed at the one-year mark, right?

[TracyTN 237]

It all depends on how he entered the US. If he was here on a tourist visa and then married her, they would have had to file something in order for him to stay. But there wouldn't be any necessary time frame on that -- so long as he did not leave the country.

I'm not sure where you're getting the 'he must have filed at the one year mark' thing, but there's nothing specific about the one year mark that pops into my mind (even for someone here on a tourist visa).

[Minya's wife 24]

You can certainly make your report to ICE...I believe they have a hotline to call for this type of thing. As to whether they will investigate, or whether it will lead to deportation, that is a very long way off. If anyone, it should be his USC wife accusing him of marriage fraud....because she is the victim of that, not you.

As far as immigration paperwork, upon his marriage to the US citizen, in 2005 he would have filled out paperwork to adjust his status, from non-immigrant to immigrant, based on his marriage to a US citizen. Upon approval of that petition, he would have received a conditional green card, valid for two years. Two years later he would have been eligible to apply to "remove conditions" based on the fact that he is still married. This option is also available if the couple divorces in the meantime....the conditional green-card holder can apply to remove conditions even if he/she has divorced in the meantime. The burden of proof states that the applicant must prove the marriage was a real marriage while it lasted. But all that is immigration paperwork. He would have had to declare any dependents, but it would have been during his initial adjustment of status application(in 2005) during which time he may not have been convinced he had fathered a child.

Regardless, the marriage fraud and immigration are separate issues that belong to the father of your child....they're not your issues. I would have a damn good family lawyer and make sure to demonstrate to the best of your ability the necessity for your son to re-locate because of his health. That is what should be of primary concern. Getting the father of your child deported is a la la land dream that is not going to get you fast results that will benefit your child's health. IMO.

-P

[mairejain 0]

It all depends on how he entered the US. If he was here on a tourist visa and then married her, they would have had to file something in order for him to stay. But there wouldn't be any necessary time frame on that -- so long as he did not leave the country.

I'm not sure where you're getting the 'he must have filed at the one year mark' thing, but there's nothing specific about the one year mark that pops into my mind (even for someone here on a tourist visa).

I think I remember the one-year comment coming from him. He did not leave the country after marrying her until I think 1.5 or 2 years into the marriage. The forms I have viewed (and, believe me, I'm basically clueless, but I'm trying) show that he would have been asked if he had dependents. To which he would have responded 'no.' He would not have taken a chance that his wife would find out. I just don't know if he would have filled out any forms between February 2006 and May 2007, based on a marriage that occurred in April 2005. He would have filed VERY quickly--like the first day possible--anything that would start establishing residency.

[brnidokiegurl 0]

but he also has a webpage (very current), which indicates he is 'Single' and 'Looking to Date Women.'

nice catch this one is

[Caladan 19]

I'm a little unclear on the train of thought here. You suspect the guy is in the market for a green card scam.. and this relates to the custody question how, exactly? Is the idea here that you'll get him deported and then be able to move north?

No doubt you can report him if you want, but I'm not sure that it will solve your immediate family law problem.

[diadromous mermaid 36]

This is long....my son's father and I are battling things out in court right now. We live in Florida and my son has allergy-induced bronchial asthma. He takes multiple medications/breathing treatments each day and I am attempting to move up north because he and my daughter from another relationship are constantly medicated. My son is two. Our pediatrician said it would drastically improve their health if we moved to an area that had fewer allergents. My son's father, however, who seems to still have emotional ties to me, refuses to agree to the move; so I have to petition the court, and, in Florida, it is not likely that the relocation will be granted if he objects to it. And he said he would object. Here's the issue. I had a marriage license with my this man, who is from the Dominican Republic, in March 2005. I broke off the engagement as I felt it was green-card related. He, in turn, and within two months, married another woman. He specifically mentioned to me that he knew somebody he could marry for the green card; I just didn't know he would do it. I notified him that I was pregnant in April 2005, but I had NO clue he had already married this woman (I believe he had a marriage license in Florida with me at the same time he had a marriage license with her in New York). Once the baby was born, he seemed to be back into a relationship with me (yes, physical and visiting me and the baby). I have several e-mails from him, which state that he loves me, etc. Some of a graphic nature, as well. Once I found out that he was married, he swore it was for green card purposes, and we continued to maintain a relationship; although, eventually I was uncomfortable with things and I ended it. I have e-mails regarding his having to wait two years, and how I need to have patience, and he loves me, and even one alluding to the divorce, which he had already planned one year into the marriage. We have a DNA test from February 2006, proving he is the father. He wed this lady around April 2005. I am SURE that he has had to fill out forms sometime between February 2006 and May 2007, which is when his wife found out about our son (she had no clue until May 2007). Would this scenario constitute marriage fraud, even if she may not be a party to it? I'm sure she will do the 'stand by your man' thing; but he also has a webpage (very current), which indicates he is 'Single' and 'Looking to Date Women.' To add to all of this, in August 2006 (six months after he knew, via DNA testing, that he was my son's father, and days before and after he sent multiple e-mails to me, telling me he loves me), he sent me a link to an immigration website, telling me to fill out a form. I wrote back asking him what he wanted me to fill out the form for. He said 'to bring my brother from the Dominican Republic.' When I viewed the form, it was one of those preliminary fiance ones. He has been married since about April 2005. Will ICE investigate this? Isn't it a Federal Offense to solicit somebody to assist with fraudulent entry of an alien into the U.S.?

It's dubious that USCIS or ICE would take the testimony of someone not related to the petitioner, when reporting a possible fraudulent marriage, although it doesn't hurt to make your report. I just wouldn't hold out much hope for it to bring about the results you are looking for, and most especially when his removal might derive some benefit to you, yet the current wife has no complaint of the quality or validity of her marriage to said alien.

[sj5 4]

it depends Edited April 16, 2008 by SJ

[nane1104 146]

I too think that it would be difficult to have him deported since the OP is not involved in his immigration process. I guess, reporting him won't hurt, but I doubt it would help her anything with the situation of her child. Even IF ICE would start investigating, it would probably take god-knows-how long until it would go in effect.

Mairejain, maybe it would be somehow possible to revoke his parental rights? Maybe a little "blackmailing" would do it, kinda like "You give your consens to me moving to a different are, or I'll report you to ICE for fraud."

Maybe you are lucky and he doesn't really know what exactly you would be able to do to him!?

I know that's a little drastic, but for the health of your children, I think I'd try anything...

[mairejain 0]

I too think that it would be difficult to have him deported since the OP is not involved in his immigration process. I guess, reporting him won't hurt, but I doubt it would help her anything with the situation of her child. Even IF ICE would start investigating, it would probably take god-knows-how long until it would go in effect.

Mairejain, maybe it would be somehow possible to revoke his parental rights? Maybe a little "blackmailing" would do it, kinda like "You give your consens to me moving to a different are, or I'll report you to ICE for fraud."

Maybe you are lucky and he doesn't really know what exactly you would be able to do to him!?

I know that's a little drastic, but for the health of your children, I think I'd try anything...

Exactly my plan. I am more concerned with my childrens health than him ANY day. His wife does NOT know about all of this. I am sure if she knew the truth, she may take action (she HAS threatened him before). I don't want to go to this extreme, but I will if my hand is forced. He is under the impression that since his two years have passed, he's home free. I do not think after finding out that he has been cheating on her since DAY ONE, she will back him up. She just doesn't know yet.

And somebody mentioned earlier the form to remove conditions. If that person was referring to the I-75 form (or something to that effect), it DOES specifically ask about children. And, since it IS filed jointly, there is NO way he would have listed our son.