Reporting marriage fraud

RobinFromNY

New Member
I am looking for advice about what to do about marriage fraud.

I have an adult cousin with slight cognitive impairment as a result of a car accident when she was a teenager. If you just met her, you wouldn't necessarily notice anything right away though you might find her a little odd. She's actually fairly high-achieving academically (graduated from college), but she's had trouble dating because of the way the accident affected interpersonal social interactions.

Anyway, a couple of years ago, she went on a 2-week church trip overseas to a poor country where she met a man who took a lot of interest in her and continued contacting her when she got back to the US. He aggressively pursued her via internet courtship, saying he wanted to marry her. Eventually, he convinced her to visit him for 4 weeks. While she was over there, he persuaded her to marry him, and she came back and filed for a fiance visa for him and for his 9 year-old son from (what he claims is) a previous marriage.

I was very concerned throughout this process but hoping for the best because I want my cousin to be happy.

He arrived in the United States 5 months ago. They do not live together. She lives by herself, and he and his son live nearby with some people who I have learned are actually family members of his from his home country, many of them here illegally. After he had been here a couple of months, I asked my cousin why I hadn't heard anything about wedding plans, and she said that she and this man had gone down to city hall a week after he arrived and gotten "married" because they were required to by immigration but that they both wanted to wait to save up money for a "real" church wedding. Until then, they aren't living together or having sex out of respect for their religious beliefs (my cousin volunteered this information--I told you she has social interaction issues!).

My cousin has told me that the church wedding will probably be another 8 months from now, conveniently right before she has to move to a different city for a year for a job issue. I asked whether he was going to come with her to the new city, and she said that he was not because he didn't want to take his son out of school and wanted to continue trying to find work in their current city and so was going to stay behind while she moved hundreds of miles away.

I am very concerned about my cousin. I don't know what the rules are, but it seems likely to me that getting married at city hall while not considering yourself married or acting married is probably not allowed under the terms of the fiance visa he arrived on. It also seems to me very likely this man may be leading her on, not really intending ever to live with her as a real husband and just dragging things out until it's safe to divorce.

I want to report this man to immigration, but I also don't want to get my cousin in trouble. I've tried expressing concern to my cousin, but her impairment makes it difficult, and I'm also afraid if I push too hard that she'll shut me out completely. I believe she really loves this man, but I think she's being used, and I don't know what to do.
 
Gentleman, I am going to be very frank with you, you are coming across as very controlling. I know I would feel protective and similarly upset if this were happening to my cousin/loved one. HOWEVER she is an adult and it is none of your business how she chooses to conduct her marriage. Are you going to be around ALL her life holding her hands and handling her personal business for her? NO! Let it be. You are not God and thus you do not know all things. Some things are not what they may seem to be.

Does it sound to me like this guy might be using her? YES! But it is a free country and people are free to fall in love and be taken advantage of as much as they allow. Your explanation of her cognitive issues is no excuse for you meddling in her affairs. You do not live in this guys head so you cannot tell for certain his intentions. Do not go and destroy what could possibly be the love of her life and damage her chances of having a happy married life.

I know if it looks like a duck, waddles like a duck, quacks like a duck, BY GOLLY it is likely a duck. However there is a remote possibility that it is not a duck. That is why in this great country we only convict people in criminal court BEYOND A REASONABLE DOUBT. That is the standard but in your case, you are not even the law so the onus of conviction does not lie with you. Let it go and if like her you have a God you worship, pray to him. Maybe he might see fit to extricate her from this entanglement.

Do not try to control her life, just wish her the best.

Cheers!

PS: If however you choose to be hard headed and controlling, use this link to report marriage fraud knowing it is very very unlikely but possible that your cousin may also be indicted because for purposes of the immigration laws, a marriage is a "sham" if "if the bride and groom did not intend to establish a life together at the time they were married." Bark v. INS,511 F.2d 1200, 1201 (9th Cir.1975). An overzealous DA could argue that their marriage is a sham and your cousin is culpable because she KNEW they did not plan to establish a life together until after the church marriage and hence the sole intent of the courthouse marriage was TO EVADE IMMIGRATION LAW!

http://www.ice.gov/exec/forms/hsi-tips/tips.asp

Anonymous tips may also be reported to ICE via the toll-free HSI Tip Line, (866) 347-2423.
 
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Believe me, I feel conflicted. As an initial matter--can someone confirm that what they're doing (getting married at city hall without considering themselves married or having plans to live together) is actually illegal?

In an ideal world, what I'd actually like to do is to point out to my cousin that they're breaking the law and to force this man's hand--either he commits to a real marriage, or he goes home. As for not being responsible for her--both of her parents are dead, and they specifically asked me to look out for her and I do have some legal obligations with respect to caring for her, though I have tried very hard to let her make her own decisions about everything she is able to make decisions about. However, if this man has fraudulent intent, I don't want him hanging around the United States forever an eventually becoming a citizen through fraud.

I go back and forth between thinking it's none of my business and thinking I have a responsibility to check this out in more detail.
 
What don't you get? There are people that are genuinely married but choose to stay apart. Marriages do not have to fit any particular mold or your stereotype. What is illegal is getting married solely for the purpose of obtaining an immigration benefit without an intention to make a life together. Did you read my earlier response?

Are you able to prove by a preponderance of the evidence that they do not have an intention to make a life together? Are you her guardian? Is she a minor? If not stop the meddling! Allow people to live their lives as they see fit!

Believe me, I feel conflicted. As an initial matter--can someone confirm that what they're doing (getting married at city hall without considering themselves married or having plans to live together) is actually illegal?

In an ideal world, what I'd actually like to do is to point out to my cousin that they're breaking the law and to force this man's hand--either he commits to a real marriage, or he goes home. As for not being responsible for her--both of her parents are dead, and they specifically asked me to look out for her and I do have some legal obligations with respect to caring for her, though I have tried very hard to let her make her own decisions about everything she is able to make decisions about. However, if this man has fraudulent intent, I don't want him hanging around the United States forever an eventually becoming a citizen through fraud.

I go back and forth between thinking it's none of my business and thinking I have a responsibility to check this out in more detail.
 
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It looks like he's on a path to deportation. If he hasn't filed for adjustment of status, he would already be illegally present because the fiance visa only allows 90 days to get married and file the green card paperwork. That means he can be deported if caught. And if he has filed to adjust status, that means the interview will probably happen early next year or later this year, and from what you've described they wouldn't have enough evidence by that time to pass the interview.

It also looks like she might be aware of the scam. For a newlywed, she's way too willing to accept being so far apart indefinitely. She could have taken money from him in order to cooperate. That would make her subject to criminal prosecution for immigration fraud.

Normally I would say to stay entirely out of people's business, but she is a relative and you made a commitment to her parents and you even mentioned legal obligations, so she's not some random person from the street who you should just ignore.

You need to get brave and bold, and butt your nose in and have a serious talk with her to find out what the real story is and get her to understand how serious this is. Remind her that if the both of them don't get their act together it could mean deportation for him and jail time for her. She might ignore your questions and refuse to listen to your warnings, but at least you'll know you gave it a shot instead of just sitting back and doing nothing. She might hate you for a little while for butting in ... but if you do nothing and she ends up in jail or that man otherwise screws up her life, she'll hate you for an even longer time.

Don't report him to immigration yourself, just give her a rude wake-up call about the situation and then let her either fix or screw things up on her own.
 
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Jackolantern,

You may be getting ahead of yourself here. On a path to deportation?

Firstly the couple got married one week after he arrived so they have already satisfied the fiancee visa requirement you mentioned. Additionally I do not think they are in danger of failing the marriage interview for a lack of documentation like you think. This woman went and lived in the guys country for four weeks. Trust me from my personal experience that gives them a good degree of instant credibility to the average interviewing officer.

Since we do not personally know these people, we need to go by the face value of what we are told. From the OP, this lady is religious. Most religious persons would not knowingly engage in blatant marriage fraud plus he admits the lady is in love with the guy. Secondly OP has already had a discussion with the lady. He has done his part there.

Thirdly what legal obligation is he talking about? The lady is an adult, adult enough to travel on a missionary trip AND get married ! What legal obligation would he have towards her, its just hyperbole. Yes certainly a moral obligation since she is his relative.

The most he should do is have a serious discussion and then let this thing go! Beyond that it becomes classic meddling and control. I am going purely based on the info OP has provided.

Cheers!

It looks like he's on a path to deportation. If he hasn't filed for adjustment of status, he would already be illegally present because the fiance visa only allows 90 days to get married and file the green card paperwork. That means he can be deported if caught. And if he has filed to adjust status, that means the interview will probably happen early next year or later this year, and from what you've described they wouldn't have enough evidence by that time to pass the interview.

It also looks like she might be aware of the scam. For a newlywed, she's way too willing to accept being so far apart indefinitely. She could have taken money from him in order to cooperate. That would make her subject to criminal prosecution for immigration fraud.

Normally I would say to stay entirely out of people's business, but she is a relative and you made a commitment to her parents and you even mentioned legal obligations, so she's not some random person from the street who you should just ignore.

You need to get brave and bold, and butt your nose in and have a serious talk with her to find out what the real story is and get her to understand how serious this is. Remind her that if the both of them don't get their act together it could mean deportation for him and jail time for her. She might ignore your questions and refuse to listen to your warnings, but at least you'll know you gave it a shot instead of just sitting back and doing nothing. She might hate you for a little while for butting in ... but if you do nothing and she ends up in jail or that man otherwise screws up her life, she'll hate you for an even longer time.

Don't report him to immigration yourself, just give her a rude wake-up call about the situation and then let her either fix or screw things up on her own.
 
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You may be getting ahead of yourself here. On a path to deportation?

Firstly the couple got married one week after he arrived so they have already satisfied the fiancee visa requirement you mentioned.
The requirement also includes filing for adjustment of status within 90 days, and he's been in the US for 5 months now. If he hasn't filed for AOS, he is now illegally present.

Additionally I do not think they are in danger of failing the marriage interview for a lack of documentation like you think. This woman went and lived in the guys country for four weeks. Trust me from my personal experience that gives them a good degree of instant credibility to the average interviewing officer.

But that credibility will break down when it is revealed that they still haven't lived together and have no definite plans for when to start living together nor any compelling circumstances keeping them apart for so long.

Since we do not personally know these people, we need to go by the face value of what we are told. From the OP, this lady is religious. Most religious persons would not knowingly engage in blatant marriage fraud plus he admits the lady is in love with the guy.
Religion has nothing to do with it. There are both religious and nonreligious people who commit horrible crimes.

The most he should do is have a serious discussion and then let this thing go! Beyond that it becomes classic meddling and control. I am going purely based on the info OP has provided.
I have given my opinion, you have given your opinion, the OP can collect many opinions and decide the next steps.
 
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I agree with Jackolantern I think he should have a serious talk with his cousin and help her see how this whole situation looks and how it would look in an interview.
 
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