Maybe the first person to try this but

[Gary and Alla 3,696]

Now that's interesting. Are there some links or references that can be provided? Anyone else have some info?

I would think that after being a citizen for a number of years that the odds of actually being deported would diminish, especially after a court fight of some kind.

I'm not advocating that the OP go through with the concept, I'm just interested in the legal technicalities and real world application.

If you obtained your citizenship or ANY benefit by fraud, any derivitive benefit is null and void. Period. At the time they discover the fraud they can remove the benefits received. They can and have done so. This means if you pull a fast one (so to speak) and use a fiancee visa though already married...you could lose any benefit at any time because you even entered the US fraudulently. Is that what you want to provide for your wife? You will sleep with her every night knowing that? Seriously?

One of the best things and biggest reliefs to me with Alla's citizenship is that we did it correctly and because of this they CANNOT take it away. We can leave now and go live in anywhere in the world, come back in 10 years, 20 years...and they will say "Welcome Home". And for what would you risk this. To be married in the Philippines but get your wife here 2 or 3 months sooner? Really? You are going to bring a woman here and build a family and a life for your children and risk it for this?

The greatest feeling is one that your family is safe. Keep them safe.

[StraightShooter 62]

Excerpt below taken from this page:

Source of excerpt below:

Link to 8 USC § 1227 - Deportable aliens

Thanks Ryan. Pretty much as I thought. The person would get a day in court and only if convicted would the rest apply. If, on the other hand, they convince the judge/jury of their innocence due to extenuating circumstances, etc. then no conviction happens and they stay. Gotta be convicted to apply punishment.

"...the court in which such conviction is had..."

8 USC § 1451 - Revocation of naturalization

(e) Citizenship unlawfully procured

When a person shall be convicted under section 1425 of title 18 of knowingly procuring naturalization in violation of law, the court in which such conviction is had shall thereupon revoke, set aside, and declare void the final order admitting such person to citizenship, and shall declare the certificate of naturalization of such person to be canceled. Jurisdiction is conferred on the courts having jurisdiction of the trial of such offense to make such adjudication.

[Pitaya 2,580]

Thanks Ryan. Pretty much as I thought. The person would get a day in court and only if convicted would the rest apply. If, on the other hand, they convince the judge/jury of their innocence due to extenuating circumstances, etc. then no conviction happens and they stay. Gotta be convicted to apply punishment.

"...the court in which such conviction is had..."

Good point, but I wonder where the defendants in such a case would be detained prior to adjudication? I wonder how much time and money it would take to "get a day in court," simply due to some expedient actions.

IMHO, I would rather do it the legal way, for our own piece of mind, and I have better places to spend my money than in legal fees. But then again, that is my own personal opinion.

YMMV

[Leatherneck 693]

Thanks Ryan. Pretty much as I thought. The person would get a day in court and only if convicted would the rest apply. If, on the other hand, they convince the judge/jury of their innocence due to extenuating circumstances, etc. then no conviction happens and they stay. Gotta be convicted to apply punishment.

"...the court in which such conviction is had..."

Yes you get a day in court, before an immigration judge that has probably heard every imaginable excuse, reason, sob story and 'the dog ate the I-129F instructions and we didn't know' nonsense known to man.

Considering I-129F, Petition for Alien Fiance(e) is in black bold letters in the top right corner of the petition, alien fiance(e) or fiance(e) is mentioned in bold black letters 13 other times, the same is mentioned again in regular type 2 times. Whereas husband, wife/spouse is mentioned 2 times.

I think a fraud conviction for entering the country as a married person would take about a New York minute, once you admit you signed the I-129F with the word alien fiance(e) or fiance(e) screaming at you for a total of 15 times on the form.

[bigdog 377]

No matter what you do do not commit fraud and get a lifetime ban or get deported with a ban. Figure out what visa or marriage status you want an apply, stick with a plan.

[Joshua S 0]

Thanks everyone. As i have already done the process and been approved i expected an answer like, "no, because" but its fine. Anyway seems like the point here is fraud never looked at it like that, seems i am gonna marry anyway why not marry before i go to get married, but as one person suggested, if she comes in as my Fiance but she was my wife, she could be deported. Makes sence and we both already thought this was possible, just wasnt sure. I think we will just have a formal weding and subtract all the legal procedures in having a weding in the Philippines, thank you very much

[jaycali 415]

Yes you can have a ceremony in the Philippines, but NO legal paperwork.

It's fraud to bring a "fiancee" to the country when she isn't your fiancee. Even though it may seem like a small technicality, the law is clear.

[StraightShooter 62]

Yes you get a day in court, before an immigration judge that has probably heard every imaginable excuse, reason, sob story and 'the dog ate the I-129F instructions and we didn't know' nonsense known to man.

Considering I-129F, Petition for Alien Fiance(e) is in black bold letters in the top right corner of the petition, alien fiance(e) or fiance(e) is mentioned in bold black letters 13 other times, the same is mentioned again in regular type 2 times. Whereas husband, wife/spouse is mentioned 2 times.

I think a fraud conviction for entering the country as a married person would take about a New York minute, once you admit you signed the I-129F with the word alien fiance(e) or fiance(e) screaming at you for a total of 15 times on the form.

I know, I know... it's just a discussion.

But people even get away with murder with the right excuse. OJ Simpson, Casey Anthony, etc. It happens. I will bow out of this thread since the OP has his answer, so I'll STFU mow. Peace.

[A and T 82]

Very bad idea, why cant you just wait until she can come to the usa on the visa and marry. Don't screw yourself up and end up with lawyers and waiting years due to a mistake on your part. Be smart