Is this marriage fraud?

[doctor795 0]

Hi all,

Please read and give your opinion.

If someone attempted marriage fraud but didn't actually do it. Is that considered marriage fraud???? ok let's say Mr A asked a friend to marry him for GC. That friend tells his boss at work. Mr. A gets fired and boss writes a letter to USCIS. That friend who told the boss didn't give a statement or wrote letter to USCIS. Mr A denies to IJ about ever asking any one for marriage for GC. Again that friend never testified in the court nor gave statement to the USCIS only told the boss who wrote letter to USCIS. Also the boss testified to USCIS in the court against Mr. A. While Mr. A told IJ he never asked any one to marry him for GC......Is that considered marriage fraud, if not does Mr A need a waiver for this. Mr. A's case was denied for adjustment. IJ said Mr A was deceitful and dishonest and not creditable Mr. A now has to file I-601 for overstay. The question is does he need to address the issue of allegation of attempted marriage fraud as well in the waiver...please share your experience....................

[diadromous mermaid 36]

Hi all,

Please read and give your opinion.

If someone attempted marriage fraud but didn't actually do it. Is that considered marriage fraud???? ok let's say Mr A asked a friend to marry him for GC. That friend tells his boss at work. Mr. A gets fired and boss writes a letter to USCIS. That friend who told the boss didn't give a statement or wrote letter to USCIS. Mr A denies to IJ about ever asking any one for marriage for GC. Again that friend never testified in the court nor gave statement to the USCIS only told the boss who wrote letter to USCIS. Also the boss testified to USCIS in the court against Mr. A. While Mr. A told IJ he never asked any one to marry him for GC......Is that considered marriage fraud, if not does Mr A need a waiver for this. Mr. A's case was denied for adjustment. IJ said Mr A was deceitful and dishonest and not creditable Mr. A now has to file I-601 for overstay. The question is does he need to address the issue of allegation of attempted marriage fraud as well in the waiver...please share your experience....................

"Is it marriage fraud?" ....it's just like propositioning a hooker for sex ....it's illegal whether you actually do the wild thing or not

[Ana&D 0]

Sounds like a good time to contact a good immigration lawyer. I hope this issue is possible to be resolved. Best of luck!

[emt103c 10]

If it was listed as a reason for the denial, then yes it must be addressed in the waiver package. . .it does not have to be admitted to, if he did not do it, but must be addressed and rebutted. . .

I also would say this is something I would definitely do at least a consultation with an attorney over. . .cases with a lot of extraneous problems need the help of an EXPERIENCED attorney.

Try visacentral.net

Edited June 22, 2008 by emt103c

[jpaula 20]

I do not think marriage fraud is waivable. So, if they have given you the I-601 for an overstay, I would guess they have not counted marriage fraud into the equation. BUT, I would definitely read your denial over very carefully, preferably with a lawyer, to determine the exact grounds for your denial. Did they actually deny you for not being credible? Or did they just say, in passing during an interview, that you were not credible? Did they mention the marriage issue in passing or in the official denial?

[doctor795 0]

Actually he is still in the US. The IJ denied his adjustment application(despite wife being USC and a daughter being USC). The IJ said he thinks the person is not credible. The IJ didn't say any word about marriage fraud. My friend has an approved I-130 and will now have to go to his country and try to get an immigrant visa. Because he overstayed he will have to file waiver for hardship. I was just asking every one's opinion that "does this come under marriage fraud". Or may be I should say if some one knows of a situation where some one has gotten a waiver approved despite a marriage fraud.

I do not think marriage fraud is waivable. So, if they have given you the I-601 for an overstay, I would guess they have not counted marriage fraud into the equation. BUT, I would definitely read your denial over very carefully, preferably with a lawyer, to determine the exact grounds for your denial. Did they actually deny you for not being credible? Or did they just say, in passing during an interview, that you were not credible? Did they mention the marriage issue in passing or in the official denial?

[jpaula 20]

Maybe someone else can clarify better, but as I understand it if you are ever denied based on marriage fraud you are inelligible to ever get a visa based on marriage (even through a different marriage). So, I strongly suggest he consult a good lawyer before leaving the country as you want to be sure that marriage fraud will not be an issue. It does sound as if he was denied due to a credibility problem which sounds a little fishy to me. If he is married to a USC and his only ineligibility is an overstay there isn't a real reason to deny the AOS. So, I just feel like there is some info missing.

[diadromous mermaid 36]

Hi all,

Please read and give your opinion.

If someone attempted marriage fraud but didn't actually do it. Is that considered marriage fraud???? ok let's say Mr A asked a friend to marry him for GC. That friend tells his boss at work. Mr. A gets fired and boss writes a letter to USCIS. That friend who told the boss didn't give a statement or wrote letter to USCIS. Mr A denies to IJ about ever asking any one for marriage for GC. Again that friend never testified in the court nor gave statement to the USCIS only told the boss who wrote letter to USCIS. Also the boss testified to USCIS in the court against Mr. A. While Mr. A told IJ he never asked any one to marry him for GC......Is that considered marriage fraud, if not does Mr A need a waiver for this. Mr. A's case was denied for adjustment. IJ said Mr A was deceitful and dishonest and not creditable Mr. A now has to file I-601 for overstay. The question is does he need to address the issue of allegation of attempted marriage fraud as well in the waiver...please share your experience....................

So, whom did Mr. A marry? Or did he not marry at all? And if he did not marry under what basis was he applying to adjust status?

[Gallowglass 0]

Seems to me that Mr A "asked" somebody (a co-worker) to marry him "for a green card", but (for reasons which are not clear) did not marry that person. Instead (based on doctor795's second post) he apparently married a different USC, with whom he appears to have had a child.

At some point while all this was going on, the co-worker apparently told her boss that Mr A had asked her to marry him for a GC. Mr A gets fired as a result and the boss contacts USCIS. The co-worker appears to be out of the picture from this point on. Mr A subsequently denies ever asking the co-worker to marry him, but the IJ (immigration judge??) says Mr A lacks credibility and his AOS is denied.

Are we right so far?

So - the facts at issue.

doctor795 says that Mr A asked his co-worker to marry him for a green card. Is this true? Did Mr A ask a colleague that question? What was the co-worker's response? Was she prepared to marry him? If so, why the sudden change of heart?

doctor795 says that Mr A is married to a USC and has a child who is also a USC. When did this marriage take place, and how soon after the alleged proposal of marriage to the co-worker? Or was it simultaneous - did he ask them both at the same time?

Is asking someone to marry you for a green card "visa fraud"? Well, one would have to say that (in the absence of a pre-existing relationship etc) it could certainly look like it, particularly if Mr A turned around PDQ and asked somebody else.

Nothing personal, doctor795, but there are rather large gaps in your friend's story. Anything else you want to tell us? Like the basis on which Mr A was in the US in the first place?

[diadromous mermaid 36]

I am confused by the facts offered.

What reason was given for your acquaintance to leave this country to be processed at the consular level? If he married a USC why wasn't the I-130 and the I-485 package filed concurrently?

Actually he is still in the US. The IJ denied his adjustment application(despite wife being USC and a daughter being USC). The IJ said he thinks the person is not credible. The IJ didn't say any word about marriage fraud. My friend has an approved I-130 and will now have to go to his country and try to get an immigrant visa. Because he overstayed he will have to file waiver for hardship. I was just asking every one's opinion that "does this come under marriage fraud". Or may be I should say if some one knows of a situation where some one has gotten a waiver approved despite a marriage fraud.

I do not think marriage fraud is waivable. So, if they have given you the I-601 for an overstay, I would guess they have not counted marriage fraud into the equation. BUT, I would definitely read your denial over very carefully, preferably with a lawyer, to determine the exact grounds for your denial. Did they actually deny you for not being credible? Or did they just say, in passing during an interview, that you were not credible? Did they mention the marriage issue in passing or in the official denial?

Edited June 25, 2008 by diadromous mermaid

[doctor795 0]

Ok, he was in proceedings already when he got married to the current wife. I-130 was approved in September 2006. The I 485 was in front of a judge to determine if he can adjust status here in the US. The judge denied it, because he said he thinks he was not honest and credible and looked nervous and as if he was trying to hide some thing.

I am confused by the facts offered.

What reason was given for your acquaintance to leave this country to be processed at the consular level? If he married a USC why wasn't the I-130 and the I-485 package filed concurrently?

Actually he is still in the US. The IJ denied his adjustment application(despite wife being USC and a daughter being USC). The IJ said he thinks the person is not credible. The IJ didn't say any word about marriage fraud. My friend has an approved I-130 and will now have to go to his country and try to get an immigrant visa. Because he overstayed he will have to file waiver for hardship. I was just asking every one's opinion that "does this come under marriage fraud". Or may be I should say if some one knows of a situation where some one has gotten a waiver approved despite a marriage fraud.

I do not think marriage fraud is waivable. So, if they have given you the I-601 for an overstay, I would guess they have not counted marriage fraud into the equation. BUT, I would definitely read your denial over very carefully, preferably with a lawyer, to determine the exact grounds for your denial. Did they actually deny you for not being credible? Or did they just say, in passing during an interview, that you were not credible? Did they mention the marriage issue in passing or in the official denial?

[john_and_marlene 162]

The judge made the correct ruling. You cannot adjust status based on a marriage that took place after removal proceeding have already begun.

[Gallowglass 0]

The judge made the correct ruling. You cannot adjust status based on a marriage that took place after removal proceeding have already begun.

Yup. The whole thing looks very, very dodgy.