Please... help me...

[In_love358]

If I'm getting married to USA permanent resident what status will I get?

Can I have the same status? And how long it will take to receive green card?

The problem is the following: I have the fiancé in USA. He is permanent resident. He wanted to apply to get his citizenship but because of some circumstances he can't do it any more. I'm in Ukraine. I don't know what I can do. I was thinking of applying for business visa, come to USA and there to get married. But in Ukraine I have sick mother and I have to take care of her. That's why I need to travel to Ukraine... I really don't know what to do... Please, help me...

[PraetorianXI]

You will not get any "status" immediately. It will take 5-6 years after you get married and he files I-130 for you, in order for a visa number to become available for you.

In the other hand, if he becomes an US Citizen then you could have a green card within the year of getting married and filing I-130 and go through Consular Processing.

note: You can not use a visitor for pleasure/business visa to come to the US and get married and live here.

[In_love358]

Originally Posted by PraetorianXI

You will not get any "status" immediately. It will take 5-6 years after you get married and he files I-130 for you, in order for a visa number to become available for you.

In the other hand, if he becomes an US Citizen then you could have a green card within the year of getting married and filing I-130 and go through Consular Processing.

note: You can not use a visitor for pleasure/business visa to come to the US and get married and live here.

Thanks... For real quick reply. God bless you... And what another option do I have? How can I come to USA and get married to this man? We wanted to apply for bride visa, but now I think it’s impossible... What we can do?

[Triple Citizen]

The GC route will take 5-6 years. How many years before your fiance' becomes eligible to apply for US citizenship?

Originally Posted by In_love358

Thanks... For real quick reply. God bless you... And what another option do I have? How can I come to USA and get married to this man? We wanted to apply for bride visa, but now I think it’s impossible... What we can do?

[In_love358]

I don't know... May be this is mistake, but I want to hear your opinion about all this...

My fiancé’s mom got her green card in 1989 then she filed a petition for him (he was 22).His documents were in progress but he was told that it will take 9 years for him to get his green card. When a parent petitions a child, the daughter or son has to be single and remain single until he/she gets the green card. - is this through???

Anyway, he didn't listen to this and 2 years later he got married in Mexico. In 1998 he got the letter from the immigration office to apply for the green card and he was told by a few attorneys that if he puts down that he's married; they will decline the application and send my file for deportation. So he had to put down that he was single. The interview went well and he got his green card. In 2000 they got divorced in the USA. This was a mistake they should had done it in Mexico but anyway it happen here, so there is a record.

So, because of this problem he can't apply for the citizenship. Is it really such a big problem?

[Triple Citizen]

Ouch!!! Your fiance's LPR was obtained fraudulently. He has a big problem waiting ahead!!!

Originally Posted by In_love358

So, because of this problem he can't apply for the citizenship. Is it really such a big problem?

[In_love358]

Originally Posted by Triple Citizen

Ouch!!! Your fiance's LPR was obtained fraudulently. He has a big problem waiting ahead!!!

Is it really the truth: When a parent petitions a child, the daughter or son has to be single and remain single until he/she gets the green card???

[Triple Citizen]

When you fiance' appeared for his immigrant visa interview he was married but presented himself as single. He committed fraud. He needs a lawyer. Good luck!!!

[In_love358]

Originally Posted by Triple Citizen

When you fiance' appeared for his immigrant visa interview he was married but presented himself as single. He committed fraud. He needs a lawyer. Good luck!!!

thank you... it's horrible... what can i do?

[pville85]

Originally Posted by In_love358

thank you... it's horrible... what can i do?

The way I see it,your best option is to get married in your country,do not apply for a visa such as a tourist or business visa just to marry him,it's fraudulent...Your soon to be husband immediately files a I-130 petition,you wait the 5-6 years for a visa number to become available for you and then you do the consular processing.You mentioned that you have a sick mother,you would be able to stay and take care of her and he would be able to come visit you until you are able to join him in the US.

[TheRealCanadian]

Originally Posted by In_love358

thank you... it's horrible... what can i do?

Live together somewhere other than the US.

[Al Southner]

Originally Posted by In_love358

thank you... it's horrible... what can i do?

In-love,

You lover has big problems ahead of his life in the US. Since he obtained his greencard through fraud...technically he's clueless about the consequences of his actions. USCIS can revoke and deport his butt once he's found...

There is nothing that you can do, unless you want USCIS to investigate him, which will easily make sure both of you live happy together in Ukraine. Why there are so many lawyers who advise people to commit fraud?

[In_love358]

Originally Posted by TheRealCanadian

Live together somewhere other than the US.

funny... we're just thinking about it. But he has business there, license... In another country he has to start all over again...

[In_love358]

Originally Posted by Al Southner

In-love,

You lover has big problems ahead of his life in the US. Since he obtained his greencard through fraud...technically he's clueless about the consequences of his actions. USCIS can revoke and deport his butt once he's found...

There is nothing that you can do, unless you want USCIS to investigate him, which will easily make sure both of you live happy together in Ukraine. Why there are so many lawyers who advise people to commit fraud?

Nobody advised... just circumstances... I understand. It's really serious... But is still thinking about trying a chance... and to apply for the citizenship. As I said he has a great career, credit history, parents, a kid from the first marriage, who is the US citizen, may be there are some other options?

[Al Southner]

Originally Posted by In_love358

Nobody advised... just circumstances... I understand. It's really serious... But is still thinking about trying a chance... and to apply for the citizenship. As I said he has a great career, credit history, parents, a kid from the first marriage, who is the US citizen, may be there are some other options?

In-Love,

I would strong encourage you to trust me on this one. There are no other options. Your lover is going to blow up very soon once USCIS makes a determination that he was ineligible for a greencard by virtue of his marriage. He actually has the balls to lie to the USCIS by presenting himself as single, while he was indeed married. He's toast or a more better... french toast with syrup... The USCIS evidence against your lover is overwhelming....they can obtain his divorce records, uncover when he got married and the date when the marriage ended...

Having a good credit and a US child has never deterred the US govt from following or enforcing due process of the law. The simple truth is this: your friend committed a material fact misrepresentation to the USCIS, which is the US govt... THERE IS NO OTHER WAY, his business isn't going to save his deportation. The US govt can always give his son to the mother, unless she's deceased or on drugs...

[In_love358]

Originally Posted by Al Southner

In-Love,

I would strong encourage you to trust me on this one. There are no other options. Your lover is going to blow up very soon once USCIS makes a determination that he was ineligible for a greencard by virtue of his marriage. He actually has the balls to lie to the USCIS by presenting himself as single, while he was indeed married. He's toast or a more better... french toast with syrup... The USCIS evidence against your lover is overwhelming....they can obtain his divorce records, uncover when he got married and the date when the marriage ended...

Having a good credit and a US child has never deterred the US govt from following or enforcing due process of the law. The simple truth is this: your friend committed a material fact misrepresentation to the USCIS, which is the US govt... THERE IS NO OTHER WAY, his business isn't going to save his deportation. The US govt can always give his son to the mother, unless she's deceased or on drugs...

no... his mother is OK. Actually, his daugher (not son) lives with mom...

Thanks any way...

[In_love358]

And what do you think, guys, can he re-new his green card?

[Longview]

Originally Posted by In_love358

And what do you think, guys, can he re-new his green card?

I don't think you hear what people are telling you, In_Love.

Your boyfriend lied to the government. He committed fraud to get his green card, which will probably be revoked, and he is in serious legal trouble. You should contact a lawyer, as there is little else this forum can offer you. He'll probably have to leave the country once the USCIS decides to deal with him; if you intend on being together, you'd do well to prepare for a life somewhere other than the United states.

His job doesn't matter, his kids don't matter, his credit doesn't matter, you don't matter. All that matters to the USCIS is his having obtained a green card fraudulently, for which he will have to face the consequences.

Do you understand now?

[boatbod]

I do not condone immigration fraud in any of its forms, however this thread has left me wondering how USCIS will ever find out that this guy was married when he said he was single? Presumably since he lied once and got away with it, he is planning to lie again when he submits his N-400. Unless he does something dumb (like showing the divorce decree), how will the IO know?

Anyway, citizenship or not, this is going to be hanging over his head forever.... always the thought that some when, some where, ICE may be coming to get him.

[Longview]

Originally Posted by boatbod

I do not condone immigration fraud in any of its forms, however this thread has left me wondering how USCIS will ever find out that this guy was married when he said he was single? Presumably since he lied once and got away with it, he is planning to lie again when he submits his N-400. Unless he does something dumb (like showing the divorce decree), how will the IO know?

She said earlier: "He wanted to apply to get his citizenship but because of some circumstances he can't do it any more." I was assuming someone already knows.

[austriacus]

If the previous marriage gets annulled rather than having a divorce, does it make a difference? Would he technically be considered as having been married in this case when he applied for AOS?

[PraetorianXI]

I'd think it does not matter, because at the time of the interview he was married and he misrepresented himself (lied) in order to order to obtain his GC.

[TheRealCanadian]

Originally Posted by austriacus

If the previous marriage gets annulled rather than having a divorce, does it make a difference? Would he technically be considered as having been married in this case when he applied for AOS?

It might make for an interesting question, but there's no way this marriage is getting annulled if it no longer exists.

[austriacus]

TheRealCanadian, do you know this for a fact that annulment after divorce is not possible? I know it's a long shot but may make a big difference in this case. I understand no marriage exists now, but a divorce means it has existed but ended, an annulment means it has never existed.

[PraetorianXI]

How can something that ceased to exist, never exist in the first place? if it in fact had to exist first for either the ceasing or never existence acts could come to exist themselves?

[austriacus]

Praetorian, if the marriage was fraudulent, let's say someone marries someone that's still married to someone else, the annulment makes it retroactively never existent. I imagine it could have implications such as property laws, what will later be considered joint and individual property. But I have to agree with you at the time of filing the husband would have had to answer he was married, you can't go into the future and know the marriage will be annulled. Otherwise there would be a good loophole for the "unmarried sons and daughters" that they can get married, annul their marriage at some point and get married again after the GC. I agree sounds unlikely to be accepted by USCIS, I just tried to be creative!

Overall I agree with the earlier comment that this couple is better off trying to find a place outside the US to live.

[TheRealCanadian]

Originally Posted by austriacus

TheRealCanadian, do you know this for a fact that annulment after divorce is not possible?

I don't think it's legally impossible, but from a practical standpoint it's going to be impossible to do, since there is a child and the parties then got divorced so even then they both agreed there was a legal and valid marriage.

I know it's a long shot but may make a big difference in this case.

The OP's husband's problem isn't the fact that he was married, it's that he lied about it in order to get an immigration benefit and the annulment will not undo the statements he made under oath to the consul. I doubt either DOS or USCIS will consider the annulment to retroactively turn a lie into the truth.

[In_love358]

Originally Posted by Longview

She said earlier: "He wanted to apply to get his citizenship but because of some circumstances he can't do it any more." I was assuming someone already knows.

No... Nobody knows. So there are 2 ways how to act:

1.He's going to re-new his green card. If everything'll go smuthly, he can think about applying for the citizenship. Some of the atterneys say as in a previous post

Originally Posted by boatbod

however this thread has left me wondering how USCIS will ever find out that this guy was married when he said he was single? Presumably since he lied once and got away with it, he is planning to lie again when he submits his N-400. Unless he does something dumb (like showing the divorce decree), how will the IO know?

Anyway, citizenship or not, this is going to be hanging over his head forever.... always the thought that some when, some where, ICE may be coming to get him.

So as far as i understood they really can't find out if he was married or not 16 years ago. Unless the divorse happened in 2000, so there is a record. But who'll gonna doublecheak it? From my prospective if he get's his re-newed green card, nobody will assume that something can be illigaly.

2. I know this option is easier, but i don't want even think about it... This option is don't try anything and just leave the country...

[PraetorianXI]

Originally Posted by In_love358

2. I know this option is easier, but i don't want even think about it... This option is don't try anything and just leave the country...

I think you should stick to this... or if he plans otherwise, you should not be associated with this person.

The other option is illegal, fraud, and punishable by law. He will have to lie again, and be interviewed again under oath and will lie again?

"What goes around comes around" and this will come back one day to hunt him... his GC revoked and thrown in prison for life!

[TheRealCanadian]

Originally Posted by In_love358

So as far as i understood they really can't find out if he was married or not 16 years ago. Unless the divorce happened in 2000, so there is a record. But who'll gonna double check it?

The problem your husband (and then by extension, you) have is that in order to become a citizen, he'll need to lie through his teeth in Section 8 of the N-400. If he puts down single, never married, then if USCIS ever finds out that he was married (even if for a single day once in Vegas) then his citizenship can be revoked. If USCIS finds out that he was married when he got his GC, then the GC and citizenship is denied.

His bigger problem is that since he's committed fraud in order to obtain an immigration benefit, he'll get hit with a non-waiverable, permanent bar on ever entering the US once he gets deported.

Where it can be a problem for you is that since your permanent residency would be based on his GC or naturalization (which he never was eligible for) USCIS may determine that you no longer qualify and deport you. I'm not sure what the precedents in law are for a spouse being sponsored by someone who never qualified for residency and only obtained it via fraud.

PraetorianXI is going over the top, there are no life sentences for immigration fraud. But there are serious consequences. There are broader issues for yourself; your spouse has demonstrated that he can and will lie (and quite convincingly, it seems) in order to get something. I hope he never does that to you.