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eckoin

Signing an affidavit of support (I-864) for a fraudulent marriage. Consequences?

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Posted (edited)

I saw a post on another forum, where a US citizen was asked to be a sponsor for a friend who entered a fraudulent marriage. She was aware it was fraudulent, but was unaware of what I-864 entails and signed it. 

 

Now she wants to back out of sponsorship by submitting an anonymous tip that the marriage is a fraud. 

 

Are there consequences for signing an affidavit of support in these circumstances? By signing it, do you claim that the petition is in good faith? 

Edited by eckoin

Adjusting from TN to GC as spouse of USC

2015-11-23: Last TN received at CBP

2017-06-12: Married

2018-06-25: Mailed I-485, I-864, I-130/I-130A, and I-765 to USCIS

2018-07-24: Biometrics appointment

2018-08-28: Expedite request submitted for EAD via USCIS support line

2018-09-21: EAD and SSN received in the mail

2018-10-11: Case is ready to be scheduled for interview

2018-10-31: Interview is scheduled

2018-11-21: TN expired

2018-12-11: AOS Interview - approved 

2018-12-18: Green Card received

------------------

2020-12-11: Conditional green card expires 

 

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Just now, aaron2020 said:

Did she get paid to file the I-864?  

Apparently not. It was a boyfriend of her friend who was married to a random stranger, presumably for money. The sponsor knew that they faked documents. 

 

Can the sponsor really get off without issues? 


Adjusting from TN to GC as spouse of USC

2015-11-23: Last TN received at CBP

2017-06-12: Married

2018-06-25: Mailed I-485, I-864, I-130/I-130A, and I-765 to USCIS

2018-07-24: Biometrics appointment

2018-08-28: Expedite request submitted for EAD via USCIS support line

2018-09-21: EAD and SSN received in the mail

2018-10-11: Case is ready to be scheduled for interview

2018-10-31: Interview is scheduled

2018-11-21: TN expired

2018-12-11: AOS Interview - approved 

2018-12-18: Green Card received

------------------

2020-12-11: Conditional green card expires 

 

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She's stuck.  She signed the I-864 willingly. 

 

USCIS is unlikely to investigate an anonymous claim of fraud without proof.  Words alone is not enough to trigger an investigation.  What proof does she have?

 

She knew it was fraud.  She willingly signed the I-864.  She's on the hook for the I-864.  Furthermore, she's a potential co-conspirator in the fraud.

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Posted (edited)

There's nothing in the I-864 that asserts the validity of the relationship or any other component of their application for permanent residency. I don't see a legal issue for the sponsor. I do obviously see a very, very serious moral/ethical issue, though.

 

The legal consequence is they are on the hook if the intending immigrant becomes an LPR in accordance with the I-864 terms. Reporting the fraud doesn't relive that responsibility unless it results in LPR status being revoked.

 

Edit: If there is a criminal fraud investigation, there could be a legal issue. But this isn't limited to the scope of the I-864.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Just now, aaron2020 said:

She's stuck.  She signed the I-864 willingly. 

 

USCIS is unlikely to investigate an anonymous claim of fraud without proof.  Words alone is not enough to trigger an investigation.  What proof does she have?

 

She knew it was fraud.  She willingly signed the I-864.  She's on the hook for the I-864.  Furthermore, she's a potential co-conspirator in the fraud.

I imagine she's collecting proof right now, based on the advice she received so far. 

 

But even if she submits all of the proof anonymously and USCIS/ICE take it seriously and go through their motions--is she off the hook? I don't think I-864 requires any sort of affidavit of the legitimacy of the petition, but it can't end there, can it?


Adjusting from TN to GC as spouse of USC

2015-11-23: Last TN received at CBP

2017-06-12: Married

2018-06-25: Mailed I-485, I-864, I-130/I-130A, and I-765 to USCIS

2018-07-24: Biometrics appointment

2018-08-28: Expedite request submitted for EAD via USCIS support line

2018-09-21: EAD and SSN received in the mail

2018-10-11: Case is ready to be scheduled for interview

2018-10-31: Interview is scheduled

2018-11-21: TN expired

2018-12-11: AOS Interview - approved 

2018-12-18: Green Card received

------------------

2020-12-11: Conditional green card expires 

 

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Posted (edited)
4 minutes ago, geowrian said:

There's nothing in the I-864 that asserts the validity of the relationship or any other component of their application for permanent residency. I don't see a legal issue for the sponsor. I do obviously see a very, very serious moral/ethical issue, though.

 

The legal consequence is they are on the hook if the intending immigrant becomes an LPR in accordance with the I-864 terms. Reporting the fraud doesn't relive that responsibility unless it results in LPR status being revoked.

That's what I thought, and it's really unfair. If one is willing to help commit immigration fraud, there should be some consequences for everyone. The entire "I love my friend but I feel ~misled~ so I will try to help deport them all now, I'm creating a binder" is ridiculous. People who sign such affidavits should be accountable just like the people in the petition themselves. 

Edited by eckoin

Adjusting from TN to GC as spouse of USC

2015-11-23: Last TN received at CBP

2017-06-12: Married

2018-06-25: Mailed I-485, I-864, I-130/I-130A, and I-765 to USCIS

2018-07-24: Biometrics appointment

2018-08-28: Expedite request submitted for EAD via USCIS support line

2018-09-21: EAD and SSN received in the mail

2018-10-11: Case is ready to be scheduled for interview

2018-10-31: Interview is scheduled

2018-11-21: TN expired

2018-12-11: AOS Interview - approved 

2018-12-18: Green Card received

------------------

2020-12-11: Conditional green card expires 

 

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Just now, eckoin said:

I imagine she's collecting proof right now, based on the advice she received so far. 

 

But even if she submits all of the proof anonymously and USCIS/ICE take it seriously and go through their motions--is she off the hook? I don't think I-864 requires any sort of affidavit of the legitimacy of the petition, but it can't end there, can it?

The only way off the hook is meeting one of the conditions ending the contract.  Loss of LPR status would be one.


She's spinning her wheels trying to report anonymously.  No one is going to do anything.  

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1 minute ago, aaron2020 said:

The only way off the hook is meeting one of the conditions ending the contract.  Loss of LPR status would be one.


She's spinning her wheels trying to report anonymously.  No one is going to do anything.  

Or really? Even more schadenfreude. 


Adjusting from TN to GC as spouse of USC

2015-11-23: Last TN received at CBP

2017-06-12: Married

2018-06-25: Mailed I-485, I-864, I-130/I-130A, and I-765 to USCIS

2018-07-24: Biometrics appointment

2018-08-28: Expedite request submitted for EAD via USCIS support line

2018-09-21: EAD and SSN received in the mail

2018-10-11: Case is ready to be scheduled for interview

2018-10-31: Interview is scheduled

2018-11-21: TN expired

2018-12-11: AOS Interview - approved 

2018-12-18: Green Card received

------------------

2020-12-11: Conditional green card expires 

 

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Just now, eckoin said:

That's what I thought, and it's really unfair. If one is willing to help commit immigration fraud, there should be some consequences. The entire "I love my friend but I feel ~misled~ so I will try to deport them all now, I'm creating a binder" is ridiculous. People who sign such affidavits should be accountable just like the people in the petition themselves. 

 

She knew it was fraud and she helped.  Seems perfectly fair to me for her to be stuck with the I-864 obligations when she helped people commit immigration fraud. 

 

VJ is not a place known to be sympathetic to remorseful fraudsters once their illegal acts goes south.

 

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1 minute ago, aaron2020 said:

 

She knew it was fraud and she helped.  Seems perfectly fair to me for her to be stuck with the I-864 obligations when she helped people commit immigration fraud. 

 

VJ is not a place known to be sympathetic to remorseful fraudsters once their illegal acts goes south.

 

I have zero sympathy, but her facing no consequences IF everyone else involved does, is unfair. 

 

Here's the thread in question if you're interested in more details:

 


Adjusting from TN to GC as spouse of USC

2015-11-23: Last TN received at CBP

2017-06-12: Married

2018-06-25: Mailed I-485, I-864, I-130/I-130A, and I-765 to USCIS

2018-07-24: Biometrics appointment

2018-08-28: Expedite request submitted for EAD via USCIS support line

2018-09-21: EAD and SSN received in the mail

2018-10-11: Case is ready to be scheduled for interview

2018-10-31: Interview is scheduled

2018-11-21: TN expired

2018-12-11: AOS Interview - approved 

2018-12-18: Green Card received

------------------

2020-12-11: Conditional green card expires 

 

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50 minutes ago, eckoin said:

I saw a post on another forum, where a US citizen was asked to be a sponsor for a friend who entered a fraudulent marriage. She was aware it was fraudulent, but was unaware of what I-864 entails and signed it. 

 

Now she wants to back out of sponsorship by submitting an anonymous tip that the marriage is a fraud. 

 

Are there consequences for signing an affidavit of support in these circumstances? By signing it, do you claim that the petition is in good faith? 

Yeah I saw your post on the other forum and they had some good answers as well. 

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5 minutes ago, Cyberfx1024 said:

Yeah I saw your post on the other forum and they had some good answers as well. 

Not my post (a position I would never find myself in). But curious on responses here. 


Adjusting from TN to GC as spouse of USC

2015-11-23: Last TN received at CBP

2017-06-12: Married

2018-06-25: Mailed I-485, I-864, I-130/I-130A, and I-765 to USCIS

2018-07-24: Biometrics appointment

2018-08-28: Expedite request submitted for EAD via USCIS support line

2018-09-21: EAD and SSN received in the mail

2018-10-11: Case is ready to be scheduled for interview

2018-10-31: Interview is scheduled

2018-11-21: TN expired

2018-12-11: AOS Interview - approved 

2018-12-18: Green Card received

------------------

2020-12-11: Conditional green card expires 

 

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1 minute ago, eckoin said:

Not my post (a position I would never find myself in). But curious on responses here. 

Ok... I saw it the day it was posted in Reddit because I do browse that subforum as well. I will post more when I get home.

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