Am I committing fraud?

[Rocio0010 5,573]

10 minutes ago, CVincent901 said:

Another question. If I choose to tell the embassy about the situation (and thereby probably put an end to the spousal visa process), is there another pathway for my soon-to-be-ex to get an immigrant visa based on the fact that her child is a US citizen? If so, how would that work?

Not until child is 21 

[Redro 4,602]

4 minutes ago, CVincent901 said:

We are fortunate that my mother is financially well off and is willing to make an indefinite commitment to supporting my wife and child, if that is what is necessary in order for her to have a relationship with her grandchild.

Take your mother out of the equation.

Is monetary support from the grandmother going to be part of the divorce settlement?

If nothing official or legal is set up, I can see your STBX requesting more money/a nicer car/expensive holidays back home for more visits with the grandbaby.

This arrangement seems destined to fail. 

 

I would divorce your wife now. Cancel the visa process. Maintain a relationship with your child. And when the child is older look into having them visit the US. 

 

 

[Lil bear 3,862]

2 hours ago, CVincent901 said:

 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. 

The reality of international marriages. The reality many of us and our aging parents live with. My parents have grandchildren and great grandchildren they will never see . Reality is harsh at times but this reality is pretty obvious and no surprise. Counting the cost before starting the journey is really important.. even considering possibilities “ that wont happen”.. because, guess what, they do happen 

[CVincent901 22]

1 minute ago, ROK2USA said:

Take your mother out of the equation.

Is monetary support from the grandmother going to be part of the divorce settlement?

If nothing official or legal is set up, I can see your STBX requesting more money/a nicer car/expensive holidays back home for more visits with the grandbaby.

This arrangement seems destined to fail. 

 

I would divorce your wife now. Cancel the visa process. Maintain a relationship with your child. And when the child is older look into having them visit the US. 

 

 

I am definitely considering doing exactly what you recommend. I just want to gather as much information as I can before making a decision that is going to affect the life of my child forever. If I pull the plug on the visa process it probably means that my child will never live full time in the US. That's an almost impossibly difficult decision to make. I haven't made any decisions yet.

To answer your other question, yes, the idea was to make financial support part of the divorce agreement, in exchange for which my wife would agree not to pursue any additional support thereafter other than normal child support.

[Mike E 11,727]

Utterly illogical.  I’m out. 

[Sam Burns 108]

Why can’t you bring the kid to see the grandparents? You keep saying they can’t travel, why wouldn’t you be able to?

[Lemonslice 4,605]

Your failed relationship do not give you/your parents any right to commit fraud. You make it sound like (their) money would make the fraud ok.  No, it's not ok.

 

Sad reality if grandchild/grandparents do not meet, but it happens everyday, for different reasons.  Life is weird sometimes.

 

Edited October 29, 2022 by Lemonslice

[OldUser 5,136]

I guess everybody already answered the original question and circumstances under which the OP, his soon to be ex-wife and his parents will be considered committing fraud.

 

"But what if we do? (consequences)" was nicely answered.

 

Perhaps, the only question left is "Should we do it?" And the answer is a firm NO. I would be susprised if anybody recommended to go ahead with it.

 

Don't do it. You can always take the US citizen kid to travel with you to the states to see the grandparents.

[Redro 4,602]

47 minutes ago, CVincent901 said:

To answer your other question, yes, the idea was to make financial support part of the divorce agreement, in exchange for which my wife would agree not to pursue any additional support thereafter other than normal child support.

You are going to draw up a financial support plan that indicates your MOTHER will be supporting your wife and child? 

Or will your mother be supporting your wife and child IN ADDITION to the support you provide? 

 

If you do not trust your wife to abide by agreements drawn up in her home country how are you going to trust her to move to the US, be supported by your mother (and you) and then agree to find her own job and pay her own bills? When you have stated your mother is okay with supporting them indefinitely?

 

In your shoes, I would cancel the visa process, get a divorce and then negotiate with your child's mother to travel with the baby to the US to visit granddad ASAP. 

[OldUser 5,136]

I guess everybody already answered the original question and circumstances under which the OP, his soon to be ex-wife and his parents will be considered committing fraud.

 

"But what if we do? (consequences)" was nicely answered.

 

Perhaps, the only question left is "Should we do it?" And the answer is a firm NO. I would be susprised if anybody recommended to go ahead with it.

 

Don't do it. You can always take the US citizen kid to travel with you to the states to see the grandparents.

[Crazy Cat 39,732]

2 hours ago, CVincent901 said:

She just wants to get to the US by any means necessary.

That sounds like fraud......and you will be left holding the bag.  You have made several statements which clearly indicate this is a marriage, from her perspective, for immigration benefits only.  

Edited October 29, 2022 by Crazy Cat

[JeanneAdil 6,275]

2 hours ago, CVincent901 said:

Given that the consensus seems to be that continuing with the process would be fraud, can anyone inform me of the likely consequences? What circumstances could lead to the government becoming aware of the fraud, and what would the likely punishment be?

An individual will be charged with marriage fraud if they entered into a marriage for the purpose of evading U.S. immigration law. This felony offense carries a prison sentence of up to five years and a fine of up to $250,000, and applies to both foreign nationals and U.S. citizens who perpetrate this crime.

 

When u said the following, it shows her intent and marriage fell apart as she just wanted the visa

if u aid in this ,   read the above from ICE

 

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

   

She would never do that. She doesn't care about legal consequences. She just wants to get to the US by any means necessary

 

 

 

[JeanneAdil 6,275]

1 hour ago, CVincent901 said:

I am definitely considering doing exactly what you recommend. I just want to gather as much information as I can before making a decision that is going to affect the life of my child forever. If I pull the plug on the visa process it probably means that my child will never live full time in the US. That's an almost impossibly difficult decision to make. I haven't made any decisions yet.

To answer your other question, yes, the idea was to make financial support part of the divorce agreement, in exchange for which my wife would agree not to pursue any additional support thereafter other than normal child support.

your child (if u go thru the CBRA to prove thru DNA)  COULD (read the rules for this)  be  a US citizen

so, why wouldn't the child someday travel here when he is old enough to make this decision?

 

 

[CVincent901 22]

1 minute ago, JeanneAdil said:

your child (if u go thru the CBRA to prove thru DNA)  COULD (read the rules for this)  be  a US citizen

so, why wouldn't the child someday travel here when he is old enough to make this decision?

 

 

 

9 minutes ago, JeanneAdil said:

An individual will be charged with marriage fraud if they entered into a marriage for the purpose of evading U.S. immigration law. This felony offense carries a prison sentence of up to five years and a fine of up to $250,000, and applies to both foreign nationals and U.S. citizens who perpetrate this crime.

 

When u said the following, it shows her intent and marriage fell apart as she just wanted the visa

if u aid in this ,   read the above from ICE

 

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

   

She would never do that. She doesn't care about legal consequences. She just wants to get to the US by any means necessary

 

 

 

I read the brochure. From what I can tell, our situation doesn't fit into any of the specific scenarios mentioned. The marriage was not fraudulent. We got married with the intention of having a life together and started the visa process with our marriage intact. The breakdown of the marriage is recent, so at least thus far we haven't made any fraudulent representations, although that would change if we go through with the interview and don't answer questions truthfully.

[Lemonslice 4,605]

3 minutes ago, CVincent901 said:

 

I read the brochure. From what I can tell, our situation doesn't fit into any of the specific scenarios mentioned. The marriage was not fraudulent. We got married with the intention of having a life together and started the visa process with our marriage intact. The breakdown of the marriage is recent, so at least thus far we haven't made any fraudulent representations, although that would change if we go through with the interview and don't answer questions truthfully.

Bruh? Are you serious?