What happens to the citizen if they enter fraudulent marriage?
puppies4 asked:
I think a friend of mine is currently in a fraudulent marriage so that her husband can obtain citizenship. They have been married for almost three years and his application is currently pending. What could happen if she wanted to get a divorce now? What kind of trouble could she be in? Could it end with her having a criminal record?
does anyone know the specifics of the citizen doing prison time or paying fines?
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I think a friend of mine is currently in a fraudulent marriage so that her husband can obtain citizenship. They have been married for almost three years and his application is currently pending. What could happen if she wanted to get a divorce now? What kind of trouble could she be in? Could it end with her having a criminal record?
does anyone know the specifics of the citizen doing prison time or paying fines?
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October 13th, 2008 at 3:13 am
jail time and fines
October 13th, 2008 at 10:29 am
Yes, you’re “friend” could go to jail.
October 15th, 2008 at 6:04 pm
Yeh! you better get some advise from a lawyer about this…its pretty it can get pretty nasty….
October 16th, 2008 at 8:12 am
Report them and find out! Get back to us!
October 16th, 2008 at 11:04 pm
You are well informed about other people business, do you know that your wife is fooling around?
October 18th, 2008 at 4:42 am
If the marriage was proved to be fraudulent — then it would be annulled — ruled as never having happened in the first place.
If the marriage is purely one of convenience so that one person can obtain citizenship — that is not the same as fraudulent — because many people get married for legal benefits or legal convenience.
But there are standard used by the govt to determine if the marriage meets the basic legal requires to show a good faith intent — or whether it was intended as a sham from the beginning.
As to what can happen — the non-citizen can get deported, and the citizen can face criminal penalties (usually, just fines) for engaging in a sham.
October 19th, 2008 at 11:12 am
Ouch! She could be in some real hot water, fines and jail time is she is found to be in a sham marriage.
October 21st, 2008 at 4:29 pm
If she spins it carefully (”I was misled, he misrepresented his intentions during the courtship, etc.”) then they will likely be lenient. However, if there is evidence of her complicity in setting it up, then she’s screwed.
But the evidence needs to be compelling. Just because he gave her money isn’t enough. The money can be interpreted to be a dowry. Dump the jerk and get him deported. Certainly stop his application for citizenship.
October 21st, 2008 at 10:36 pm
It’s a felony. I don’t know if it’s normally prosecuted.
October 22nd, 2008 at 8:32 pm
No if at the time the marriage was legal.she can divorce him if she wants,with
out problems.as long as they married for love.He has the problem,as she makes him
a ellegal because of the divorce.
The law is cracking down on marriage mills.
October 23rd, 2008 at 8:21 pm
Read these links on that very topic.
Then ask yourself this: If they spoke Spanish and blended right in with the marchers last year, do you think the NAACP and UCLA would have stepped in to defend them?
October 26th, 2008 at 5:29 pm
If the citizen knowingly entered a fraudulant marriage she/he can be imprisoned for 10 years and up to 250k fine. Please note I said “Knowingly”….if the petitioner discovers later that the relationship was a sham, there wont be a problem as she entered the marriage in “good faith”….it has to be proven that the petitioner knowingly entered the relationship for just a green card. Heres a link for more info on marraige fraud:
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