Am I committing fraud?

[CVincent901 22]

I am in an extremely difficult situation regarding my application for a spousal visa. Basically, since we initiated the visa process my marriage has fallen apart. However we also have a baby who has not met -- and will not meet -- his grandparents unless we complete the visa process. My parents are both old and unable to travel. Therefore moving to the US is the only way they will be able to have a relationship with their grandchild. All of that being said, the marriage is definitely over, and the only reason we haven't moved forward with divorce thus far is because doing so would put an end to the visa process.

 

So my questions are: 1) Am I committing fraud by continuing with the visa process while knowing that we plan to get divorced? 2) What are the specific legal consequences if I continue with the plan of moving my wife and child to the US anyway?

[Lemonslice 4,885]

Plenty of couples stay married for the kids.

[CVincent901 22]

1 minute ago, Lemonslice said:

Plenty of couples stay married for the kids.

But we are definitely not going to stay married. My intention is to get divorced ASAP as soon as the immigration process is complete.

[Mike E 11,740]

Has your spouse  had the immigration visa interview yet?

[CVincent901 22]

1 minute ago, Mike E said:

Has your spouse  had the immigration visa interview yet?

No, but it is VERY soon.

[Lemonslice 4,885]

15 minutes ago, CVincent901 said:

But we are definitely not going to stay married. My intention is to get divorced ASAP as soon as the immigration process is complete.

If your marriage isn't bona fide, then it's fraud, no?  Ex-spouses don't get immigration visa... Think about it?

 

If you plan to stay married for the kid, then it can be a valid reason. Immigration is not a valid reason.  Pick your side...

[CVincent901 22]

3 minutes ago, Lemonslice said:

If your marriage isn't bona fide, then it's fraud, no?  Ex-spouses don't get immigration visa... Think about it?

 

If you plan to stay married for the kid, then it can be a valid reason. Immigration is not a valid reason.  Pick your side...

I understand and agree with your reasoning. The next (critical) question is what would the likely consequences be of continuing with the process anyway? Because the alternative essentially means that my parents will never meet their grandchild. There are no good options here. I'm just trying to choose the least bad option.

[Mike E 11,740]

16 minutes ago, CVincent901 said:

No, but it is VERY soon.

Then she should inform the IO that the marriage is having difficulties and is unlikely to survive.
 

This way  there is no question of fraud.  

[Lemonslice 4,885]

It's not an easy decision. 

Compare the cost of flying your parents first class, with the cost of fines/jail for fraud, and the possible costs of sponsoring your spouse.  Discuss with your soin to be ex custody?

[CVincent901 22]

5 minutes ago, Lemonslice said:

It's not an easy decision. 

Compare the cost of flying your parents first class, with the cost of fines/jail for fraud, and the possible costs of sponsoring your spouse.  Discuss with your soin to be ex custody?

To be honest, I don't trust anything she says, so discussing custody with her doesn't give me reliable information. Of course she will say the right things at this point because she needs my support to get the visa. All of that being said, I still think the least bad option might be to have my kid in the US and subject to US laws.

Regarding my parents, first class tickets won't change the situation. They are both unable/unwilling to travel internationally. In all likelihood, if we don't move forward with the visa process my parents will never meet their grandchild.

Are fines/jail likely outcomes? What specific circumstances could lead to those outcomes?

[JeanneAdil 6,539]

online chat for grandparents to see the child 

 

is it fair to bring them here away from the family support back home she needs to get thru a divorce?

is it fair to take the child away from grandparents in her home land?

Where would your wife live in the US if u plan a divorce?

who would be her emotional support here?

 

sorry , this is so hard for people who plan on a future together 

[CVincent901 22]

9 minutes ago, Mike E said:

Then she should inform the IO that the marriage is having difficulties and is unlikely to survive.
 

This way  there is no question of fraud.  

She would never do that. She doesn't care about legal consequences. She just wants to get to the US by any means necessary. It would be on me to make the IO aware of the situation, and doing so would be permanently nuking any possibility of friendship/cooperation between my and my soon-to-be-ex going forward. She would NEVER forgive me for doing so.

[Ontarkie 14,268]

Marriage for immigration benefits only. Is fraud. 

 

The AOS can be used against you for keeping your wife above poverty level. Child support and alimony.  First and foremost I'm not saying do not support your child. But once your wife is in the US she will need her own lawyer and depending on what lawyer she finds. You can be taken through the wringer. 

 

The little bit that you just posted. About not trusting her makes me say don't do it. 

 

 

 

Edited October 29, 2022 by Ontarkie

[CVincent901 22]

1 minute ago, JeanneAdil said:

online chat for grandparents to see the child 

 

is it fair to bring them here away from the family support back home she needs to get thru a divorce?

is it fair to take the child away from grandparents in her home land?

Where would your wife live in the US if u plan a divorce?

who would be her emotional support here?

 

sorry , this is so hard for people who plan on a future together 

My wife wants nothing more than to move to the US. She is perfectly willing to accept that she and her child will be separated from her family. (They can always travel back to visit.)

The plan if we move forward with the visa is for me and my parents to financially support her (in her own home) for as long as it takes her to get on her feet financially. Fortunately, my parents have the financial resources to give her as much support as she needs, and they are willing to do so in order to have an opportunity to have a relationship with their grandchild.

[Ontarkie 14,268]

How are you going to provide evidence at the interview of a genuine relationship? Are you going to make stuff up? How is she going to present herself at the interview? Lying is the only way through this and it will end badly. 

 

Spend your money on a lawyer in her country and get visitations to bring your child to see your parents.