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12-05-2007, 09:03 AM
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Anatomy of Marriage Fraud Cases
for the record, under United States Law, a fob must live with his or her spouce for a minimum of 2 years after entering the country and obtaining a temporary green card. If they leave before this time is up, they have committed green card fraud, and can be deported and face a lifetime ban from the United States. at least 21% of green card marriages are fradulent.
Anatomy of Marriage Fraud Cases
When the U.S. Citizenship and Immigration Services charges a foreign national with committing marriage fraud – that is, marrying a U.S. citizen or lawful permanent resident for the primary purpose of circumventing the immigration laws – the foreign national must fight the charge and win on appeal to obtain any petition-based immigration benefits or to prevent removal from the United States.
Otherwise, the foreign national is forever barred from becoming a lawful permanent resident, regardless of whether he divorces and later wishes to apply for a green card based on marriage to another U.S. citizen or lawful permanent resident, or sponsorship by a U.S. employer. The strict language of section 204(c)(1) of the Immigration & Nationality Act prohibits CIS from approving any petition if it determines that the foreign national attempted or conspired to enter into a marriage for the purpose of evading the immigration laws.
There are two common instances for CIS to issue a marriage fraud finding. One is when a prior spouse, family member or other third party notifies the authorities that the parties’ marriage is fraudulent. The parties would then have to prove that the allegations are false. Another instance is when the U.S. citizen/lawful permanent resident and foreign national begin to live separately after they enter marriage. The parties would then have to prove that the separation is due to marital problems or other legitimate reasons, not because they did not intend to establish a life together at the inception of their marriage.
A marriage fraud finding is brutal because it forever prohibits a foreign national from obtaining any petition-based immigration benefits in the United States.
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12-05-2007, 09:19 AM
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Re: Anatomy of Marriage Fraud Cases
Quote:
Originally Posted by GOTFIVEONIT
for the record, under United States Law, a fob must live with his or her spouce for a minimum of 2 years after entering the country and obtaining a temporary green card. If they leave before this time is up, they have committed green card fraud, and can be deported and face a lifetime ban from the United States. at least 21% of green card marriages are fradulent.
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It's actually a lot more complicated than that. You have to live with her for 2 years to get a CONDITIONAL green card. You have to live with her for another 2 years to get the conditions removed (permanent green card) then one more year before you can apply for citizenship. If you divorce her before you apply for citizenship, there is a strong chance they will deny your application for citizenship (or even revoke your green card), since it's based on marriage, and you are no longer married, regardless of the reason for divorce.
The way the system works right now (which is contrary to how it appears on paper) you will be married to the woman for 6 years before you get citizenship. Citizenship is what's important. Green cards really don't mean squat, other than you can work at pizza hut.
The 21% of people who marry for green cards are morons.
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12-05-2007, 09:24 AM
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Re: Anatomy of Marriage Fraud Cases
Oh, since foreign women can also marry US nationals, all the SHE's should also say HE.
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12-05-2007, 07:36 PM
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Re: Anatomy of Marriage Fraud Cases
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Originally Posted by ChotooMotoo
It's actually a lot more complicated than that. You have to live with her for 2 years to get a CONDITIONAL green card. You have to live with her for another 2 years to get the conditions removed (permanent green card) then one more year before you can apply for citizenship. If you divorce her before you apply for citizenship, there is a strong chance they will deny your application for citizenship (or even revoke your green card), since it's based on marriage, and you are no longer married, regardless of the reason for divorce.
The way the system works right now (which is contrary to how it appears on paper) you will be married to the woman for 6 years before you get citizenship. Citizenship is what's important. Green cards really don't mean squat, other than you can work at pizza hut.
The 21% of people who marry for green cards are morons.
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that's not exactly true. what if you got community college and get an associates in two years? then that green card is worth alot. plus alot of people end up going back to thier home country to get the kind of spouce they really wanted after all just by dangeling a green card. not only that, your assuming this law only apply's to men, it also applies to women too and plenty of fob wenches run out on thier husbands and run off to an abuse shelter lying about being abused once they arrive here and run off with thier green cards. i have heard plenty of stories like that.
and are you sure you have to wait till citizenship? i have read you only need to wait till the 2 year temporary period is up before you can leave the marriage.
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12-05-2007, 07:39 PM
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Re: Anatomy of Marriage Fraud Cases
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Originally Posted by ChotooMotoo
Oh, since foreign women can also marry US nationals, all the SHE's should also say HE.
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that's very true.
so what about my cousin then? after one year of marriage she ditched out our other cousin and ran off with her green card. technically they are still married but she lives with her brother now (probably in incest). she even left the country and came back. she also committed fraud when she arrived here back in 05' when she entered on a fiance visa, when in reality she was married in india back in 99'???
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12-05-2007, 07:45 PM
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Re: Anatomy of Marriage Fraud Cases
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12-05-2007, 07:47 PM
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Re: Anatomy of Marriage Fraud Cases
Lol, the old green card debate, eh?
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12-05-2007, 08:52 PM
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Re: Anatomy of Marriage Fraud Cases
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Originally Posted by Jamroll
Lol, the old green card debate, eh?
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12-05-2007, 10:29 PM
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Re: Anatomy of Marriage Fraud Cases
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Originally Posted by GOTFIVEONIT
and are you sure you have to wait till citizenship? i have read you only need to wait till the 2 year temporary period is up before you can leave the marriage.
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Pretty much. A conditional green card expires after 2 years, which is why it's called conditional. To apply for a permanent green card on the basis of marriage... you have to still be married. Since it takes a YEAR at LEAST for them to process your paperwork (and remember it takes a year for them to give you your conditional green card) to get the permanent green card, you will have been married for 4 years by the time you recieve it. Immigration law is quite clear that if you get divorced from the person whose sponsorship got you legal alien status, you can lose your status (whether it's a permanent or conditional greencard.) Permanent just means it expires in 10 year under perfect conditions instead of 2. The only thing you can't lose is citizenship (unless you are a terrorist). Becuase of waiting times and what-not, you can basically apply for citizenship after you've been married for 5 years, but you won't get it unless you are still married to your spouse at the time of the interview (and these days it takes more than a year to process the application.) So, when all is said and done, it takes 6 years to obtain citizenship through marriage, more if you screw up and the system scrutinizes you.
So yeah, people who come here thinking they will marry some American girl, get a green card, divorce her and move on are naive morons. Whoever told you that you can leave the girl once the conditions are removed didn't read the fine print on the applications. She can ALWAYS challenge in court that the only reason he married her was for a green card, and if their marriage is that short, it's possible she will win, and he will be kicked out of the country. The USA has made it very difficult for people to obtain legal status.
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12-06-2007, 12:37 AM
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Re: Anatomy of Marriage Fraud Cases
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Originally Posted by GOTFIVEONIT
that's very true.
so what about my cousin then? after one year of marriage she ditched out our other cousin and ran off with her green card. technically they are still married but she lives with her brother now (probably in incest). she even left the country and came back. she also committed fraud when she arrived here back in 05' when she entered on a fiance visa, when in reality she was married in india back in 99'???
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You have one wacky family.
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12-06-2007, 03:18 AM
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Re: Anatomy of Marriage Fraud Cases
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Originally Posted by ChotooMotoo
Pretty much. A conditional green card expires after 2 years, which is why it's called conditional. To apply for a permanent green card on the basis of marriage... you have to still be married. Since it takes a YEAR at LEAST for them to process your paperwork (and remember it takes a year for them to give you your conditional green card) to get the permanent green card, you will have been married for 4 years by the time you recieve it. Immigration law is quite clear that if you get divorced from the person whose sponsorship got you legal alien status, you can lose your status (whether it's a permanent or conditional greencard.) Permanent just means it expires in 10 year under perfect conditions instead of 2. The only thing you can't lose is citizenship (unless you are a terrorist). Becuase of waiting times and what-not, you can basically apply for citizenship after you've been married for 5 years, but you won't get it unless you are still married to your spouse at the time of the interview (and these days it takes more than a year to process the application.) So, when all is said and done, it takes 6 years to obtain citizenship through marriage, more if you screw up and the system scrutinizes you.
So yeah, people who come here thinking they will marry some American girl, get a green card, divorce her and move on are naive morons. Whoever told you that you can leave the girl once the conditions are removed didn't read the fine print on the applications. She can ALWAYS challenge in court that the only reason he married her was for a green card, and if their marriage is that short, it's possible she will win, and he will be kicked out of the country. The USA has made it very difficult for people to obtain legal status.
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your assuming that only guys do this. there are plenty of fob girls who run out with their green cards too. what about my cousin? she ran out of her husband with her green card. legally they are still married, but they dont live together. so what's going to happen to her then? so far she hasnt been caught. she even left the country and came back. she was only living with her husband for a year then she left and never went back.
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12-06-2007, 03:19 AM
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Re: Anatomy of Marriage Fraud Cases
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Originally Posted by Spice
You have one wacky family.
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not really, they simply copy what other fobs do.
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12-06-2007, 03:21 AM
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Re: Anatomy of Marriage Fraud Cases
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Originally Posted by Jamroll
Lol, the old green card debate, eh?
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hey there are plenty of people here who think theres nothing wrong with marrying fobs. so i just thought that they should know what they are getting into and know thier rights at the same time, so they dont end up getting screwed over. and i think that choti here has explained it very well, it was very interesting to read.
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12-06-2007, 03:45 AM
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Re: Anatomy of Marriage Fraud Cases
i've got friend who's trying to apply for indefinate leave, she's from pakistan and from what i know of her, she's beautiful 
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12-06-2007, 06:31 AM
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Re: Anatomy of Marriage Fraud Cases
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Originally Posted by Bluestar
i've got friend who's trying to apply for indefinate leave, she's from pakistan and from what i know of her, she's beautiful 
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Unfortunately it's tough luck for her cause I've already found someone 
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