whos gonna be in trouble??

S

sanchai

Registered Users (C)
first, i have no knowledge in this, im just concerned to my friends. so heres the story.

my USC friend marry our friend to get his green card. the guy paid the girl just go have his green card, i dont know how to call it, "fixed marriage?" now, the problem is my USC friend (looks like) dont want to continue the petition. why? the girl was crazy in love with the guy, but the guy dont really (never) like the girl. they live together, has joint accounts, apartment is under the usc girl's name, life insurance, etc. (documents) the guy is paying all the bills, and blah blah blah. i-130 is approved last march 2011, then filed the i-485 after a week. heres another one. the usc girl is the one talking to the paralegal, the guy found out that his wife did not file the AOS for his husband, she just told her husband that he already submit the application, but until now no status. so my guy suspected already, he went to the paralegal, and boom, the paralegal was surprised, so the paralegal has no choice, he told everything that his wife dont want to file the i-485. ok ok, need to make this story short. my question is, what if the USCIS finds out this kind of marriage;

1. whos gonna be in trouble? just the beneficiary(my guy friend), my USC friend (USC girl),

2. what would be the consequences, are they both going to deported?

hope you understand the story, sorry for my bad english.

btw, my guy friend is only b1/b2 holder, he came here 2006.
 
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sanchai said:
first, i have no knowledge in this, im just concerned to my friends. so heres the story.

my USC friend marry our friend to get his green card. the guy paid the girl just go have his green card, i dont know how to call it, "fixed marriage?" now, the problem is my USC friend (looks like) dont want to continue the petition. why? the girl was crazy in love with the guy, but the guy dont really (never) like the girl. they live together, has joint accounts, apartment is under the usc girl's name, life insurance, etc. (documents) the guy is paying all the bills, and blah blah blah. i-130 is approved last march 2011, then filed the i-485 after a week. heres another one. the usc girl is the one talking to the paralegal, the guy found out that his wife did not file the AOS for his husband, she just told her husband that he already submit the application, but until now no status. so my guy suspected already, he went to the paralegal, and boom, the paralegal was surprised, so the paralegal has no choice, he told everything that his wife dont want to file the i-485. ok ok, need to make this story short. my question is, what if the USCIS finds out this kind of marriage;

1. whos gonna be in trouble? just the beneficiary(my guy friend), my USC friend (USC girl),

2. what would be the consequences, are they both going to deported?

hope you understand the story, sorry for my bad english.

btw, my guy friend is only b1/b2 holder, he came here 2006.
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So the story is a little fragmented... But as far as I can understand "your friend" is in a fake marriage, and now that "your friend"s relationship with the USC is in shambles, "he" is wondering whether "he" will get into trouble if/once USCIS finds out.

"Your friend" is trying to fraud the federal government, so yes he'll be in trouble. Not sure whether the punishment is 10 year ban or life ban. The USC may also be in trouble since she tried to fraud the government as well.

"Your friend" will definitely be on the track to being deported. The USC will not be deported since this is her own country.
 
saywhat said:
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"Your friend" is trying to fraud the federal government, so yes he'll be in trouble. Not sure whether the punishment is 10 year ban or life ban. The USC may also be in trouble since she tried to fraud the government as well.

"Your friend" will definitely be on the track to being deported. The USC will not be deported since this is her own country.
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Correct. The ban is a lifetime ban for him. For her, she probably will even walk free. USCIS does not usually go after the US Citizen
 
oh i see., i am both concerned to them, USC- shes like the breadwinner. guy friend- going to start from nothing. so theres no way they will deport the USC? for the guy friend, whats the best thing to do just in case.?
 
US citizens belong to the US. They don't get deported, they get convicted inside the US. The immigrant friend will be deported eventually.
 
If they go after her, she can't be deported, but she can be put in jail.

If she wants to get out of the situation, she needs to withdraw the I-130. Once it is withdrawn USCIS is very unlikely to investigate any further.
 
Your guy friend can stop hunting for a marriage of convenience. He has been an overstayer for 5 years it seems. He can do the right thing and leave the US. Or he can continue to live in the shadows.

sanchai said:
for the guy friend, whats the best thing to do just in case.?
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even though the i-130 is approved she can still withdraw it? what are the possible charges she gets?
 
btw, he filed the i-485 and i765 last thursday, he got his (E-notification) receipt number via email & text yesterday. is the USC able to withdraw the application (i485 &i765?)
 
sanchai said:
even though the i-130 is approved she can still withdraw it? what are the possible charges she gets?
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If she is charged, it would be for immigration fraud or something along those lines. Possibly also perjury, depending on if/what information was false on the paperwork.

Even though the I-130 approved, she can still withdraw it as long as the green card itself isn't approved. If she withdraws it, it's almost certain there will be no charges against her. The earlier she withdraws it, the lower the chance they'll go after her (best if she withdraws it before the interview).

sanchai said:
btw, he filed the i-485 and i765 last thursday, he got his (E-notification) receipt number via email & text yesterday. is the USC able to withdraw the application (i485 &i765?)
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If she withdraws the I-130, USCIS will cancel the I-485 and I-765.
 
thanks a lot jackolantern! so if shes going to withdraw the petition, USCIS will send removal/deportation right away to the husband?
 
sanchai said:
thanks a lot jackolantern! so if shes going to withdraw the petition, USCIS will send removal/deportation right away to the husband?
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That is unpredictable. They might initiate removal proceedings immediately, or next year, or 10 years from now, or never.

Given the short marriage, I would advise her to talk to her lawyer about getting an annulment rather than a divorce, as the annulment would make it more difficult for him to make claims for financial support, and after the annulment on most legal documents she'll be able to state that she was never married (except for immigration documents if she sponsors anybody else in the future -- USCIS wants to know about annulments).
 
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Jackolantern said:
That is unpredictable. They might initiate removal proceedings immediately, or next year, or 10 years from now, or never.

Given the short marriage, I would advise her to talk to her lawyer about getting an annulment rather than a divorce, as the annulment would make it more difficult for him to make claims for financial support, and after the annulment on most legal documents she'll be able to state that she was never married (except for immigration documents if she sponsors anybody else in the future -- USCIS wants to know about annulments).
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oh i see.. filing annulment of marriage bec. of fraud marriage? how long its gonna take? sorry kinda off topic.

for the husband, what are the options to stay here ins Ca, USA, legally? is he still able/qualify to file another i-130(spouse) let say for real marriage. =)
 
sanchai said:
oh i see.. filing annulment of marriage bec. of fraud marriage? how long its gonna take? sorry kinda off topic.

for the husband, what are the options to stay here ins Ca, USA, legally? is he still able/qualify to file another i-130(spouse) let say for real marriage. =)
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You should seek a divorce attorney and he'll guide you through the annulment process. Just admit it, this is your situation. There is no shame in admitting, we all make mistakes.
 
sanchai said:
for the husband, what are the options to stay here ins Ca, USA, legally? is he still able/qualify to file another i-130(spouse) let say for real marriage. =)
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If he doesn't get deported before he finds another citizen to marry, he could be sponsored by her and get a green card. However, USCIS will have extra suspicion due to his history.
 
sanchai said:
oh i see., i am both concerned to them, USC- shes like the breadwinner. guy friend- going to start from nothing. so theres no way they will deport the USC? for the guy friend, whats the best thing to do just in case.?
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Sanchai, we wish both you and your "friends" :) good luck!
 
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