Getting out of marriage for green card - how?

M

MJM1

New Member
Here's the situation...I have a friend who entered a marriage for the purpose of getting a green card. I don't think there is any chance of this person getting through the process, and I am going to try and talk them out of it beforehand...I believe the friend was previously here on J1 visa, and is also a full time student. What are the options here? Does this person need to stay married for temporary residence to remain in school, or will a divorce be necessary right away? If divorced, is the J1 still valid? What if this person gets remarried in the future to USC for legitimate reasons - will this first marriage have negative consequences?

Please help, and try not to judge - I am trying to help this individual do the right thing as I think this person is very scared and uncertain of what to do.
 
MJM1 said:
. I don't think there is any chance of this person getting through the process, and I am going to try and talk them out of it beforehand....
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May I ask you why you think so. Did they already get married or are they still in the talks of it.
 
Ninyte said:
May I ask you why you think so. Did they already get married or are they still in the talks of it.
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They are already married, but have yet to go through the interview process, etc. Basically the USC married this person to "help", there is a huge age difference, no love, etc...I think it is obvious. Even if there was a chance of getting GC, I don't really want this person to go down that road...
 
MJM1 said:
They are already married, but have yet to go through the interview process, etc. Basically the USC married this person to "help", there is a huge age difference, no love, etc...I think it is obvious. Even if there was a chance of getting GC, I don't really want this person to go down that road...
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Why? Cause you are in love with him/her and you want to "help"... If they made such an arrangement it's theirs to go through it... or not...
Untill the paperwork is filed I do not think the marriage has any effect on the current status. If s/he divorces and marries again, USCIS will look at that negatively... If they do not file and divorce it won't look as bad as if they filed, got denied and then divorced and remarried...
Anyhow - I'm not encouraging immigration fraud, but everyone has their own path... Who knows - they might succeed...
 
Ninyte said:
Why? Cause you are in love with him/her and you want to "help"... If they made such an arrangement it's theirs to go through it... or not...
Untill the paperwork is filed I do not think the marriage has any effect on the current status. If s/he divorces and marries again, USCIS will look at that negatively... If they do not file and divorce it won't look as bad as if they filed, got denied and then divorced and remarried...
Anyhow - I'm not encouraging immigration fraud, but everyone has their own path... Who knows - they might succeed...
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No, sorry, I am only trying to "help" this person avoid trouble - trying to help someone that has made some poor decisions avoid making more going forward. I only asked about the remarriage issue so I assure this person that if they find someone that they actually love and want to marry in the future the prior marriage won't totally screw things up. Thank you for your opinions though.
 
Have they filed any paperwork with USCIS yet? if so, then there is nothing you can do as a third party to stop the process.

Basically, USCIS will test their relationship and they will need lots of evidence of a marriage (common bills, car and house titles, pictures of wedding, insurance with both names, etc).

He probably is filing I-130 (where the US Citizen petitions him as a relative) and the I-485 (where the alien, adjust his status to an immigrant/resident status here in the US). If he filed that already, he is process and sometime soon they will be called for an interview.

Immigration fraud is a severe offense, and if they are caught in it, both the US citizen and the alien, will be in trouble.

All you can do is talk them out of it.
 
Yes, they have already filed some paperwork. I don't want to force a stop to the process as a third party, but rather have enough information that I can talk them out of taking a huge risk. I will do my best to do so.

If they choose to voluntarily stop the process, and get a divorce, what are the options for staying in the US for now?
 
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i think an attorney will be in the best position to give the best answer to your question. however, if they choose to withdraw there case and he or she is still in status, she should be fine to stay, withdrawal of a case doesn't mean that the original status is void, but that shows intent to migrate, really an immigration attorney can really assist in this matter.
 
You may mean well but stay out of their business, perhaps if you knew too much you may be considered an accessory! Some times the good samaritan is the one trapped ;-)
Have they exchanged money in this scheme? If not then proving fraud is difficult. So your friend maybe safe and sail through the process. S/he should know the penalties if they get caught.
Your friend is an adult and most likely knows the risk but still is willing to go ahead. At least they have a good friend in you!
 
MJM1 said:
If they choose to voluntarily stop the process, and get a divorce, what are the options for staying in the US for now?
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since they filed already, it's too late to talk them out of it.

she needs to fall back on her J-1 status if she can.
 
How would USCIS know if they've exchanged money? unfortunately, phoney marriages make it hard for the rest - the genuine ones. :'(
 
believe me, when USCIS wants to get something out of you, they will. Especially, when they will explain the USC what to expect....in terms of a jail sentense.
 
if the parties just abandon the case, USCIS will denied it, but it wont bar the foreigner to get married again and file again. I would just abandon it (I got my GC thru labor so I am not expert, but USCIS dont have the resources to go after your for an abandonned case)
 
You are asking for something impossible here. If you didn't want us to judge your "friend", you should have never told us that he/she entered into a fradulent marriage to gain an immigration benefit. You could have simply asked "How does one abandon/cancel an ongoing AOS case?". Anyway, if the "couple" really wants to back out, they need to ensure that they do not turn up for the AOS interview. The "friend" will fall back to his/her J-1 status.

MJM1 said:
Please help, and try not to judge - I am trying to help this individual do the right thing as I think this person is very scared and uncertain of what to do.
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