false marriage

M

martinem

Registered Users (C)
Hi

My friend has a problem. (I apologise for the long message.. )

1. She came here in 1997 as an Asylee with her father, mother and brother.
2. She was intereviewed and granted asylee status in 1997
and filed for I-485 in 1998
3. In 2000, her father went to their native country, fixed up a groom for her , without her consent, got a marriage certificate from that country, returned to USA, and then filed a petition for the groom , stating that she is married. (He signed as her in the petition and sent it without her knowledge , though he told her later about it) The petiton was denied.
4. Early this year, INS sent a letter to her asking to verify if she is still living in USA and attach copies of tax papers along with a form that asked her address, marital status etc. she filled up the form, declared that she is single, without telling her father about it. Otherwise he would have forced her write it in her status as married.
5. After that, she did her figerprinting, and her case was transferred to the local INS office. Then she got a letter of appointment at the LOCAL INS OFFICE asking her to come with the documents (ID, birth certificate etc.) The date is Nov 18 (40days from now)
6. Last week she got a letter from NEBRASKA which asked for her divorce paper (since she stated last time that she is single)
Her dilemma is, what should she do ?

A. Should she just go to the interview and not show the last RFE ?
B. If she is asked about it, how does she explain the two opposite (married/unmarried) statements.
C How does she prove that she is not married ?
D. If she claims that she never declared has being married, how does she explain the first one (that her father stated that she is married and tried to get apply for the groom) She doesnt want to tell the INS that her father sent a fake certificate for getting the groom and get him or her mother in trouble. Her father has already got citizenship while her mother wating on AOS
E. What are her other options ?

She does not want to delay/lose her chance of getting the Green card.
My suggestion to her was to tell INS the full truth and say that she is not married and that her father tried to get a groom into USA without her knowledge and that the marriage never happened and the marriage certificate (has her name misspelt ) is a fake one.

Thanks and appreciate your valuable feedback.
 
False marriage - AOS interview update

She did consult a lawyer and went to the interview at the district office of AOS with the lawyer. Here is what happened at the interview.
THe INS officer wanted to know if she is married. She told him the whole story how she was forced to sign the petition for her "husband" based on marriage certificate produced from her native country.
At this point the officer takes an affidavit from her declaring what happened and that she is never married.
Then he says that she has to apply for asylum again as now she is over 21 and she was under 18 when she originally applied. When the lawyer present said that should not be the case, the INS officer goes to the supervisor and comes back saying that he is transferring the case back to Nebraska as the district office does not have jurisdiction over the case. (The case was earlier transferred by Nebraska to the district office after she FP'd. the notice said to expedite the case , it is being transferred and that the district office will inform the decision. The district office then sent the letter of interview asking her to appear with the documents)
Now she is back to square one with Nebraska, not knowing how long it is gonna take to get the GC. She wants to move to another state because her father has threatened her. She does not know if doing so would delay/affect her case. Her current lawyer wants her to stay in Maryland because he thinks they may have to file a petition to the immigration court. I have told her to consult another lawyer for a second opinion.
She is also afraid that she might get denied the GC. Her younger sister got thru last year without any interview calls but now her brother and mother (who still live with her father ) have recd interview letters.
 
I dont have answers to your questions. But it looks that her father will face immigration fraud charges. She doesn't have a problem with that?
 
Right now, she is worried about her GC. Since her father is a US citizen now , he may not be affected, still she didnt want her father to be hurt though she was abused by him, since her mom is living with her father.
 
hmm. .. i didnt know that..
If that happens then would she get her GC denied or even deported along with her family ?
 
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