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Marriage Fraud
- Thread starter mb20
- Start date
Jackolantern
Registered Users (C)
Thank you. I just re-read the I-864 I signed. Do I understand this correctly that if, hypothetically, we divorced after he is issued a conditional GC that I am still responsible for him financially of 125% of poverty line until he becomes a us citizen or I die?
That's correct, except that the obligation also terminates if he accumulates 10 years of Social Security credits or he stops residing in the US.
Jackolantern
Registered Users (C)
Thank you. Is this I-864 still in effect if he remarried?
Remarriage doesn't terminate the I-864 obligation. However, his new spouse's income and assets would factor into the calculation; you wouldn't have to pay anything for the years when their combined funds put them at or above 125% of the poverty line.
Concerned4us
Banned
I am concerned that OP will be manipulated into going through with filings out of fear of actions by her spouse or her good and trusting nature. Look at the number of posters on this and especially other forums who are stuck based on not taking timely actions. If he is in the marriage simply for a GC, he may simply disappear into the illegal community which will complicate future actions somewhat.
OP, I believe that you need to take advantage of both legal and mental health professionals. Extracting yourself from this situation will be emotionally difficult. A counselor will assist you in developing the strategies you need to deal with the legal issues as well as sort out your feelings about continuing with his GC filings.
Please be aware that VAWA can be used by men as well as women so that the husband can remain in the US. Please make sure you protect yourself against any possible charges of abuse. If you file for divorce, be sure that your attorney files that he must leave the marital home . You cannot just make him leave without a court order.
If you do not have the financial resources, seek the assistance of social service agencies in your area to find the professional assistance you need. IMO, your situation is too important to rely on advice from a forum for your next steps.
The visajourney group has discussions by people in similar situations and may have other advice for you.
OP, I believe that you need to take advantage of both legal and mental health professionals. Extracting yourself from this situation will be emotionally difficult. A counselor will assist you in developing the strategies you need to deal with the legal issues as well as sort out your feelings about continuing with his GC filings.
Please be aware that VAWA can be used by men as well as women so that the husband can remain in the US. Please make sure you protect yourself against any possible charges of abuse. If you file for divorce, be sure that your attorney files that he must leave the marital home . You cannot just make him leave without a court order.
If you do not have the financial resources, seek the assistance of social service agencies in your area to find the professional assistance you need. IMO, your situation is too important to rely on advice from a forum for your next steps.
The visajourney group has discussions by people in similar situations and may have other advice for you.
Jackolantern
Registered Users (C)
I don't know who in their right mind would EVER agree to sign a I-864 for ANYONE under the best of circumstances/partner. With a 50% divorce rate, the odds are significantly high that you will be on the hook financially taking care of your foreign spouse for 10+ years, regardless of divorce and subsequent remarriage and whether they work or not.
That's not entirely true; you don't have to pay them anything for years when they work in a job that puts them at or above 125% of the poverty line on their own, or if they remarry and the combined income of the couple is at or above the 125% level.
Although you do have cause to be concerned, given that you married an illegal immigrant who doesn't appear to have much earning potential on his own, and is hounding you for money.
US Citizens ~ just be forewarned what you are signing up for to help your foreign spouse adjust their status. It's built in alimony if divorce occurs. I am not signing up for that for anyone and withdrawing my Petitions today. thanks again and hope someone can learn from my debacle.
I figure you're also filing for divorce soon?
Note that you can't withdraw his I-485 or employment card. You can only withdraw the I-130, and then USCIS is supposed to cancel the I-485 and employment card after processing the I-130 withdrawal.
Jackolantern
You don't also have to pay anything if the marriage is genuine from both parties.
mb20
USCIS will see your marriage as fraud and that goes to your record. More, you have buried your husband alive and watch out that he is not the retaliating type, belonging to a gang, for example.
Goodluck!
You don't also have to pay anything if the marriage is genuine from both parties.
mb20
USCIS will see your marriage as fraud and that goes to your record. More, you have buried your husband alive and watch out that he is not the retaliating type, belonging to a gang, for example.
Goodluck!
Jackolantern
Registered Users (C)
Yes, I am contemplating what to do first. I feel sad, but feel I have no other choice admist any hope that marriage could be salvaged throught therapy unless he could find another Sponsor for this I-864 and replace mine or obtain multiple co-sponsors to share the burden.
The spouse (you) who filed the I-130 must file an I-864 and is liable for the money regardless of joint sponsors who also file an I-864. Joint sponsors don't remove your liability; they are there so that if the money cannot be extracted from you because they can't find you or or you're just too poor, your ex (or the government, if he claimed welfare) will have the option to chase after the joint sponsors.
The only way for you to reliably escape the I-864 is to ensure his green card isn't approved in the first place. Which means withdrawing the petition and/or not showing up for the interview.
Just the I-130. Then USCIS will cancel the I-485, I-864, EAD, etc.I forgot to ask... to withdraw my Petition, Am I withdrawing both the I-130 and I-864 or just the I-I30?
Jackolantern
Registered Users (C)
Jackolantern
You don't also have to pay anything if the marriage is genuine from both parties.
That is blatantly false. Once the green card is approved, the I-864 obligation still holds if the marriage is bona fide. If anything, the opposite is true; if USCIS finds that the marriage is a sham, they'll revoke the green card which would terminate the I-864.
Again false. If a US citizen sponsor withdraws the petition before green card approval because the marriage goes bad, that isn't seen as fraud and charges won't be pressed. If they see fraud, it would be with faking that the marriage is fine and completing the green card process anyway.USCIS will see your marriage as fraud and that goes to your record.
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Jackolantern
1) I was referring to your above post by:
2)
Though charges won't be pressed, it is seen as fraud. But a subtle one.... If the OP has anything to do with USCIS AOS again in the future, I can assure that this will be referenced.
That's not entirely true; you don't have to pay them anything for years when they work in a job that puts them at or above 125% of the poverty line on their own, or if they remarry and the combined income of the couple is at or above the 125% level.
1) I was referring to your above post by:
You don't also have to pay anything if the marriage is genuine from both parties.
2)
USCIS will see your marriage as fraud and that goes to your record.
Though charges won't be pressed, it is seen as fraud. But a subtle one.... If the OP has anything to do with USCIS AOS again in the future, I can assure that this will be referenced.
Jackolantern
Registered Users (C)
Jackolantern,
I have one final question. Do you have any suggested verbiage in my letter for this withdraw?
I can't thank you and everyone who replied enough for your insight.
Your situation is a delicate one, and I would suggest that you consult an immigration lawyer to make sure things are done right. Write up a rough draft and have the lawyer help you fix up the letter, as well as advise you on how to go about the withdrawal. That doesn't mean paying the lawyer to handle the withdrawal directly (which would cost a lot), it just means seeking a one-time (or two if needed) consultation to help you figure out all the details so you can go forward and handle the rest on your own.
Is he still living with you?
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I still have not seen the "smoking gun" on your case. How old is he? Did you say 20? Most 20 yr old's guys are still pretty much self centered - marriage is the usually the last thing on their minds - unless they are crazy in love or infatuated. Or unless they are after something else. 1. Does he love you? Is he proud to be with you?
2. Are you happy?
3. Does he treat you like his queen given that you are newly weds?
4. Is he working?
5. Does he support you and your child as a man would support his family?
6. How old are you?
-Not telling his family back in Russia that he is with a woman that is older than him is not a smoking gun. Maybe he thinks he
will be ridiculed...who knows.
-How much money did he ask for? and was he himself working when he asked? Poverty is a bad thing to experience. If his folks back in Russia are experiencing poverty, they would not be ashamed to ask for money. As for your husband, he should be sheilding you from his family's problems since you have told him beforehand that you would not be supporting the whole clan. But then, what do you expect from a 20 yrs old kid? Has he ever held a job? Does he know the value of money?
Is he more interested in you, your money or a greencard? To me, it sounds like he might be more interested in your money. The GC is just a bonus for him. Most creeps that marry for GC are usually very loving, very well behaved, very caring etc until when the GC comes through. That's when the borrowing of money, being gone for extended periods of times, etc starts.
Either way, its never a good sign when a newly married woman wonders wheather she is being taken for a ride. Chances are you are... deep down inside, I think you can feel it. Also, did you know that Russia is the number one country when it comes to immigration fraud????
2. Are you happy?
3. Does he treat you like his queen given that you are newly weds?
4. Is he working?
5. Does he support you and your child as a man would support his family?
6. How old are you?
-Not telling his family back in Russia that he is with a woman that is older than him is not a smoking gun. Maybe he thinks he
will be ridiculed...who knows.
-How much money did he ask for? and was he himself working when he asked? Poverty is a bad thing to experience. If his folks back in Russia are experiencing poverty, they would not be ashamed to ask for money. As for your husband, he should be sheilding you from his family's problems since you have told him beforehand that you would not be supporting the whole clan. But then, what do you expect from a 20 yrs old kid? Has he ever held a job? Does he know the value of money?
Is he more interested in you, your money or a greencard? To me, it sounds like he might be more interested in your money. The GC is just a bonus for him. Most creeps that marry for GC are usually very loving, very well behaved, very caring etc until when the GC comes through. That's when the borrowing of money, being gone for extended periods of times, etc starts.
Either way, its never a good sign when a newly married woman wonders wheather she is being taken for a ride. Chances are you are... deep down inside, I think you can feel it. Also, did you know that Russia is the number one country when it comes to immigration fraud????