Illegal and wanting to become legal

[moroccanwife 11]

Me again...so I was talking to my friend this morning who just recently married a man who has been here illegally for 9 years. He came on a tourist visa and stayed. In our discussion this morning I asked her if he was going to file for AOS soon and she said that he told her he does not need to file the adjustment. I'm thinking ...ummm..yeah he does. Am I wrong?

He also told her he wont move here and live with her until he has his green card and has found a job because he does not want to make things hard for her (having to support him). So I asked her how she would prove its a legitimate marriage if they dont live together. He wants her to say they live together.

But my biggest concern is he wants her to lie at the interview about how they met. He wants her to say she was in the city he lives in as a tourist and they just happened to meet...when in actuality they met online on a website. I advised her I would not lie at all if I were her and she is very uncomfortable with it and has told him so. I told her there is nothing wrong with meeting online and that if he would bother to read a little on this website he would see that LOTS of us meet online. There is nothing wrong with that.

So, can someone please verify that he does need to file AOS, and he does need a medical exam and that it will be hard to prove its a real marriage if they are living seperately. He also told her to stop listening to what others are telling her (meaning me i'm sure) because he has a friend who just went through this entire process and that's where he is getting his info from.

[Peikko 1,575]

Living separately in the US? I see...

[moroccanwife 11]

Living separately in the US? I see...

Yes, he lives in another city about three hours away and comes to see her about once a month.

[john_and_marlene 162]

Yes, he lives in another city ^{with his other family}about three hours away and comes to see her about once a month.

[moroccanwife 11]

ha ha i'm not touching that one because I'm going to show her these...but there is some pretty fishy stuff going on.

[john_and_marlene 162]

ha ha i'm not touching that one because I'm going to show her these...but there is some pretty fishy stuff going on.

While you're at it, show her the penalties for lying under oath and falsifying the paperwork.

[moroccanwife 11]

While you're at it, show her the penalties for lying under oath and falsifying the paperwork.

Can you be more specific so she knows exactly what she could be doing to herself? I think she believes what I am telling her but I think she is more afraid of losing him.

[Fandango 1,440]

What does she have with him anyways? Sounds like a sham marriage on his part, and a very ignorant/lonely/needy woman on her part not to see thru the very thinly veiled line of bs. If she doesn't get out of this, she deserves what she gets.

[DanielParul 50]

Me again...so I was talking to my friend this morning who just recently married a man who has been here illegally for 9 years. He came on a tourist visa and stayed. In our discussion this morning I asked her if he was going to file for AOS soon and she said that he told her he does not need to file the adjustment. I'm thinking ...ummm..yeah he does. Am I wrong?

He also told her he wont move here and live with her until he has his green card and has found a job because he does not want to make things hard for her (having to support him). So I asked her how she would prove its a legitimate marriage if they dont live together. He wants her to say they live together.

But my biggest concern is he wants her to lie at the interview about how they met. He wants her to say she was in the city he lives in as a tourist and they just happened to meet...when in actuality they met online on a website. I advised her I would not lie at all if I were her and she is very uncomfortable with it and has told him so. I told her there is nothing wrong with meeting online and that if he would bother to read a little on this website he would see that LOTS of us meet online. There is nothing wrong with that.

So, can someone please verify that he does need to file AOS, and he does need a medical exam and that it will be hard to prove its a real marriage if they are living seperately. He also told her to stop listening to what others are telling her (meaning me i'm sure) because he has a friend who just went through this entire process and that's where he is getting his info from.

Edited March 8, 2010 by DanielParul

[Peikko 1,575]

Yes, he lives in another city about three hours away and comes to see her about once a month.

Presumably he can prove that he must live in an alternate location due to work commitments and that he is maintaining a legitimate marriage? Oh, no? They are living apart for the wife's financial convenience? I very, very much doubt anyone would consider that legitimate.

If she will listen to you, tell her not to lie. Whatever anyone does or does not think about the legitimacy of this marriage is irrelevant to be quite honest, it's entirely up to your friend to decide how committed he is to her as a husband. However, lying about the circumstances of it could have far worse financial consequences for your friend than having her husband live with her. That is the argument she should be making to him, but that's up to her. There are fines for making fraudulent claims. You should try to impress on her how serious that is, and then let her make up her own mind.

Edited March 8, 2010 by Madame Cleo

[john_and_marlene 162]

Can you be more specific so she knows exactly what she could be doing to herself? I think she believes what I am telling her but I think she is more afraid of losing him.

She would have to complete the I-130. Have her read the section where she signs it.

PENALTIES: By law, you may be imprisoned for not more than five years or fined $250,000, or both, for entering into a marriage contract for the purpose of evading any provision of the immigration laws. In addition, you may be fined up to $10,000 and imprisoned for up to five years, or both for knowingly and willfully falsifying or concealing a material fact or using any false document in submitting this petition.

[moroccanwife 11]

I couldnt agree more!! (very cute baby btw)

Presumably he can prove that he must live in an alternate location due to work commitments and that he is maintaining a legitimate marriage? Oh, no? They are living apart for the wife's financial convenience? I very, very much doubt anyone would consider that legitimate.

If she will listen to you, tell her not to lie. Whatever anyone does or does not think about the legitimacy of this marriage is irrelevant to be quite honest, it's entirely up to your friend to decide how committed he is to her as a husband. However, lying about the circumstances of it could have far worse financial consequences for your friend than having her husband live with her. That is the argument she should be making to him, but that's up to her. There are fines for making fraudulent claims. You should try to impress on her how serious that is, and then let her make up her own mind.

Thank you for this advise. I have told her not to lie and she is not a liar by nature so I think if she tries to do so they will see right through her.

What does she have with him anyways? Sounds like a sham marriage on his part, and a very ignorant/lonely/needy woman on her part not to see thru the very thinly veiled line of bs. If she doesn't get out of this, she deserves what she gets.

You are correct for the most part but I dont think she deserves it by any means.

[john_and_marlene 162]

he does not want to make things hard for her

Last time I checked, federal prison would be harder on her than supporting another person.

[Peikko 1,575]

I couldnt agree more!! (very cute baby btw)

Thank you for this advise. I have told her not to lie and she is not a liar by nature so I think if she tries to do so they will see right through her.

You are correct for the most part but I dont think she deserves it by any means.

If she is not good at lying, she will not be believed. You appear to be a good friend. As such, use the angle of the lying and the consequences to her, not the 'he's a scam artist, he's out to get you' and you will probably have a better chance to get her through this with the least hurt to herself. Good luck.

[Fandango 1,440]

You are correct for the most part but I dont think she deserves it by any means.

If she lies to the US gov't for a 'husband' whom she doesn't even live with, then yeah, she does deserve what she will get. Honestly, I cannot fathom anyone needing to be 'talked into' not risking federal prison by lying so blatantly to the gov't. So yeah, if she lies, I hope she gets caught, and gets fined/sentenced the maximum possible. Women like her are enabling these sham marriages, which only makes it harder for the legitimate ones.

Edited March 8, 2010 by Happy Bunny