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

[eckoin 211]

Just now, Cyberfx1024 said:

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.

Well, curious what you think as well. OP posted it multiple times over there, not sure with what intent. Responses split between "report them, they're criminals" and "suck it up buttercup", but I'm curious that there are really, literally, no repercussions for her own actions. 

 

I think @geowrian is right (when are you ever not right?), even though it seems wrong. I wonder, though, what kind of scenarios would lead to criminal charges in this case. 

[Apple Bee 272]

Smh why would she sign that form not knowing what it truly entails? That was not smart.

[eckoin 211]

Just now, Apple Bee said:

Smh why would she sign that form not knowing what it truly entails? That was not smart.

"It was confusing and it's everyone else's fault" 

[geowrian 22,335]

2 minutes ago, eckoin said:

"It was confusing and it's everyone else's fault" 

Gotta love when somebody pulls that..

[mrandmrsBRS 116]

That’s why you read before you sign anything. She knew it's a fraudulent marriage and signed it, now she has to live with the consequences!

[Cathi 5,609]

2 hours 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? 

No, she cannot get out of it. It isn't USCIS' fault that she didn't do her research to see exactly what signing the I-864 entailed.

 

Honestly I have no sympathy for her considering she knew it was a sham marriage yet helped them anyway. Good Lord.

Edited March 27, 2019 by Cathi

[eckoin 211]

59 minutes ago, mrandmrsBRS said:

That’s why you read before you sign anything. She knew it's a fraudulent marriage and signed it, now she has to live with the consequences!

 

38 minutes ago, Cathi said:

No, she cannot get out of it. It isn't USCIS' fault that she didn't do her research to see exactly what signing the I-864 entailed.

 

Honestly I have no sympathy for her considering she knew it was a sham marriage yet helped them anyway. Good Lord.

From where I'm sitting, if she signed an affidavit for a fraudulent petition, she should be accountable in immigration proceedings just like the fake "spouse" is. If it even gets that far. 

[junkmart 320]

So many saying she is stuck. Ethics and morals aside, If the green card hasn't been approved as of yet, can she not withdraw the I-864? That would at least show an effort to right the wrong.

Edited March 27, 2019 by junkmart

[eckoin 211]

4 minutes ago, junkmart said:

So many saying she is stuck. Ethics and morals aside, If the green card hasn't been approved as of yet, can she not withdraw the I-864? That would at least show an effort to right the wrong.

The person is question received a 10 year green card. 

[junkmart 320]

Just now, eckoin said:

The person is question received a 10 year green card. 

Then everyone is right, she is stuck.

[eckoin 211]

Just now, junkmart said:

Then everyone is right, she is stuck.

And that's fine, she signed the paperwork and all ("I didn't know what it meant!" notwithstanding). But say she succeeds in her reports of fraudulent marriage that results in deportation--should she not also be held accountable to some extent, just like the fake "wife" of her friend? 

[junkmart 320]

1 minute ago, eckoin said:

And that's fine, she signed the paperwork and all ("I didn't know what it meant!" notwithstanding). But say she succeeds in her reports of fraudulent marriage that results in deportation--should she not also be held accountable to some extent, just like the fake "wife" of her friend? 

I don't have an opinion on whether or not she should be held accountable for signing an affidavit of support for someone she now says entered into a fraud marriage. Who's to say she isn't making up the fraud marriage just to get herself out of an affidavit of support? I don't think any of us were there with her when this happened. We do not know what was in her mind when she made the decision to sign. According to you, she said that she didn't know what it meant. How do we know that isn't the truth.

[carmel34 3,529]

OP, your friend is probably trying to decide whether or not to report the immigration fraud since if an investigation concludes that there is criminal wrongdoing, she could be implicated as part of the crime, since it was her affidavit of support that facilitated the fraud.  No way of knowing what will happen one way or the other (if she could be held criminally responsible at least in part).  The right thing to do is report it, submit the evidence of fraudulent marriage that she has, and face the consequences.  The wrong thing to do is just let it go, just my opinion.  The link to report immigration fraud is here.  Immigration fraud is a federal crime.

 

https://www.uscis.gov/report-fraud/combating-marriage-fraud-and-abuse--immigration-benefit-programs

[nastra30 1,979]

Let me add my two cents. 😀

She can report it as others have already suggested, but it doesn't mean USCIS or ICE will take any action on it and there will be way for her to know if any action or non-action will be taken. So right now, she's on hook for the I-864 contract she has signed with the government.

https://www.uscis.gov/report-fraud/combating-marriage-fraud-and-abuse--immigration-benefit-programs

https://www.ice.gov/sites/default/files/documents/Document/2016/marriageFraudBrochure.pdf

 

Even if she reports it, I don't see how she can report it and not implicate herself in the process. 

3 minutes ago, carmel34 said:

OP, your friend is probably trying to decide whether or not to report the immigration fraud since if an investigation concludes that there is criminal wrongdoing, she could be implicated as part of the crime, since it was her affidavit of support that facilitated the fraud.  No way of knowing what will happen one way or the other (if she could be held criminally responsible at least in part).  The right thing to do is report it, submit the evidence of fraudulent marriage that she has, and face the consequences.  The wrong thing to do is just let it go, just my opinion.  The link to report immigration fraud is here.  Immigration fraud is a federal crime.

 

https://www.uscis.gov/report-fraud/combating-marriage-fraud-and-abuse--immigration-benefit-programs

LOL. 

[Going through 5,668]

4 hours ago, eckoin said:

And that's fine, she signed the paperwork and all ("I didn't know what it meant!" notwithstanding). But say she succeeds in her reports of fraudulent marriage that results in deportation--should she not also be held accountable to some extent, just like the fake "wife" of her friend? 

She should...because she was part of that fraud as well by knowingly signing it under false pretenses.   Unless it goes any further, though, she should be happy with *just* being on the hook for the i-864.

 

Basically, by reporting the fraud she's incriminating herself too if they do investigate it.

 

The whole "I didn't know what it was when I signed it" doesn't really fly.  She knew exactly what she was signing, and she knew exactly why she decided to sign it.

Edited March 27, 2019 by Going through