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What is the definition of an illegal or fake marriage as far as getting a visa is con

What is the definition of an illegal or fake marriage as far as getting a visa is con

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Old Jul 1st 2007, 6:56 am
  #1  
-Dave
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Default What is the definition of an illegal or fake marriage as far as getting a visa is con

What constitutes a disallowed marriage for obtaining a fiancee or a
mariage visa? By this I mean what precisely is a fake marriage?
Clearly if someone gets in a marriage so that another can obtain a
green card it is disallowed. But can a person marry a person from
another country because he truly wants that particular person to be a
part of his family but he doesn't love her and he doesn't sleep with
her. Can he just say that to an immigration officer? The example
would be an older man who was divorced and just doesn't like American
woman, let's say, also an immigrant himself, and he just wants a
certain type of woman from his native "village" who has the same
culture as him and he wants it to happen quickly. Let's say he has
known her or a while but has not the slightest romantic interest in
her. The life he wants is for his life to be much as it was formerly
and his children to be raised in a manner that he himself has been
raised in. Love between him and this woman is not there.

Can he just say that to an immigration officer? that his marriage is
for family and life style basis?

People should have a right to marry for different reasons, I think.
 
Old Jul 1st 2007, 2:00 pm
  #2  
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Default Re: What is the definition of an illegal or fake marriage as far as getting a visa is

Originally Posted by -Dave
What constitutes a disallowed marriage for obtaining a fiancee or a
mariage visa? By this I mean what precisely is a fake marriage?
Clearly if someone gets in a marriage so that another can obtain a
green card it is disallowed. But can a person marry a person from
another country because he truly wants that particular person to be a
part of his family but he doesn't love her and he doesn't sleep with
her. Can he just say that to an immigration officer? The example
would be an older man who was divorced and just doesn't like American
woman, let's say, also an immigrant himself, and he just wants a
certain type of woman from his native "village" who has the same
culture as him and he wants it to happen quickly. Let's say he has
known her or a while but has not the slightest romantic interest in
her. The life he wants is for his life to be much as it was formerly
and his children to be raised in a manner that he himself has been
raised in. Love between him and this woman is not there.

Can he just say that to an immigration officer? that his marriage is
for family and life style basis?

People should have a right to marry for different reasons, I think.
The marriage should not be for the sole purpose of obtaining an immigration benefit.

Love is not a factor. Age is not a factor. Race is not a factor. Religion can be a factor sometimes, depending on the consulate.

Best Wishes,
Rene
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Old Jul 2nd 2007, 9:53 am
  #3  
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Default Re: What is the definition of an illegal or fake marriage as far as getting a visa is

Originally Posted by -Dave
What constitutes a disallowed marriage for obtaining a fiancee or a
mariage visa? By this I mean what precisely is a fake marriage?
Clearly if someone gets in a marriage so that another can obtain a
green card it is disallowed. But can a person marry a person from
another country because he truly wants that particular person to be a
part of his family but he doesn't love her and he doesn't sleep with
her. Can he just say that to an immigration officer? The example
would be an older man who was divorced and just doesn't like American
woman, let's say, also an immigrant himself, and he just wants a
certain type of woman from his native "village" who has the same
culture as him and he wants it to happen quickly. Let's say he has
known her or a while but has not the slightest romantic interest in
her. The life he wants is for his life to be much as it was formerly
and his children to be raised in a manner that he himself has been
raised in. Love between him and this woman is not there.

Can he just say that to an immigration officer? that his marriage is
for family and life style basis?

People should have a right to marry for different reasons, I think.
This seem to describe, fairly adequately, exactly the sort of thing that US immigration forbids, and with good reason. By this logic, you could marry someone to bring her into the country for her business skills, or because you needed a nanny for your children.
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Old Jul 2nd 2007, 1:47 pm
  #4  
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Default Re: What is the definition of an illegal or fake marriage as far as getting a visa is

Quite permissable to marry for companionship and sek immigration benefit.

The only no is solely immigration benefit.

Other factors could be relevant in that they may lead to a suposicion of the latter.
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Old Jul 4th 2007, 11:35 pm
  #5  
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Default Re: What is the definition of an illegal or fake marriage as far as getting a visa is

On Jul 2, 8:47 am, Boiler <[email protected]> wrote:
> > This seem to describe, fairly adequately, exactly the sort of thing
> > that US immigration forbids, and with good reason. By this logic, you
> > could marry someone to bring her into the country for her business
> > skills, or because you needed a nanny for your children.
>
> Quite permissable to marry for companionship and sek immigration
> benefit.
>
> The only no is solely immigration benefit.
>
> Other factors could be relevant in that they may lead to a suposicion of
> the latter.
>
> --

Thanks for your thoughts

I don't think it is clear the boundaries of what U.S. immigration is
trying to prevent or allow. Roughly I would guess they want to prevent
abusing the system to get people into the country i.e. marriage soley
for citizenship and then separation and they do want to promote
families. I asume marrying for companionship is acceptable but
companionship can be a very strong but not 'love' relationship to
something like 'wanting a good friend to be around'. When the
interview comes around can you simply say: "I don't have very strong
personal feelings for her and we are not intimate and new children are
out of the question but I like her a lot and we are extremely
compatible, my children love her and she loves them and merging our
lives together is exactly what we want to do and so I married her,
maybe we'll fall in love with other people and divorce next year but
there are no plans to do that" ? Is that OK?

That is what I really am trying to find out. It would avoid a whole
lot of decisions if this were considered adequate grounds for a
marriage.

Is it a judgement call of an official? If so, perhaps one should marry
in the originating country where compatibility marriages may make more
sense and apply for a marriage visa instead of a fiancee visa?
 
Old Jul 5th 2007, 12:21 am
  #6  
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Default Re: What is the definition of an illegal or fake marriage as far as getting a visa is

Originally Posted by -Dave
When the
interview comes around can you simply say: "I don't have very strong
personal feelings for her and we are not intimate and new children are
out of the question but I like her a lot and we are extremely
compatible, my children love her and she loves them and merging our
lives together is exactly what we want to do and so I married her,
maybe we'll fall in love with other people and divorce next year but
there are no plans to do that" ? Is that OK?
At the interview, you should always tell the truth, no matter what it is. I doubt the questioning at an interview would go into as much detail for someone to say all that. One should only answer the question asked, and not provide further information unless asked.

Is it a judgement call of an official?
Yes. If they suspect immigration fraud, they have the right to delve deeper and ask anything they want.

If so, perhaps one should marry
in the originating country where compatibility marriages may make more
sense and apply for a marriage visa instead of a fiancee visa?
That won't make any difference. It's not the laws of the country where the marriage took place that count, it's USA law. The fiance visa and the spouse visa have the same pitfalls as far as whether immigration fraud is involved.

The very basic fact is that the marriage cannot be for the SOLE purpose of gaining an immigration benefit. That's it. If two people are compatible and they want to live their lives together even if they're not in love, and one of them comes to the USA to do that, it's fine. If someone just says hey, I want to come to the USA, let's get married so I can come to the USA, that's not fine.

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Old Jul 5th 2007, 3:25 am
  #7  
 
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Default Re: What is the definition of an illegal or fake marriage as far as getting a visa is

[QUOTE=-Dave;
I like her a lot and we are extremely
compatible, my children love her and she loves them and merging our
lives together is exactly what we want to do and so I married her,
QUOTE]

There is a great poster on the group (alt.visa.us-marriage-based) called Folinskyinla. He's a US immigration attorney who introduced us to the phrase 'what's love got to do with it?' relative to marriage based visas. I recommend that you search his posts on Usenet, specific to that phrase. He has explained situations like yours before, and you might even want to look him up for a phone consultation about *you* specific situation.

I don't think you need to tell the whole story you posted ('could I just tell them..'). Another great Folinskyism is "If you are asked (by an immigration officer etc) 'do you know what time it is?', the correct answer is either 'yes' or 'no'."
Dig?

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Old Jul 6th 2007, 6:03 pm
  #8  
-Dave
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Default Re: What is the definition of an illegal or fake marriage as far as getting a visa is

On Jul 4, 10:25 pm, meauxna <[email protected]> wrote:
> > On Jul 2, 8:47 am, Boiler <[email protected]> wrote:
> > > > This seem to describe, fairly adequately, exactly the sort of
> > > > thing
> > > > that US immigration forbids, and with good reason. By this logic,
> > > > you
> > > > could marry someone to bring her into the country for her business
> > > > skills, or because you needed a nanny for your children.
>
> > > Quite permissable to marry for companionship and sek immigration
> > > benefit.
>
> > > The only no is solely immigration benefit.
>
> > > Other factors could be relevant in that they may lead to a
> > > suposicion of
> > > the latter.
>
> > > --
>
> > Thanks for your thoughts
>
> > I don't think it is clear the boundaries of what U.S. immigration is
> > trying to prevent or allow. Roughly I would guess they want to prevent
> > abusing the system to get people into the country i.e. marriage soley
> > for citizenship and then separation and they do want to promote
> > families. I asume marrying for companionship is acceptable but
> > companionship can be a very strong but not 'love' relationship to
> > something like 'wanting a good friend to be around'. When the
> > interview comes around can you simply say: "I don't have very strong
> > personal feelings for her and we are not intimate and new children are
> > out of the question but I like her a lot and we are extremely
> > compatible, my children love her and she loves them and merging our
> > lives together is exactly what we want to do and so I married her,
> > maybe we'll fall in love with other people and divorce next year but
> > there are no plans to do that" ? Is that OK?
>
> > That is what I really am trying to find out. It would avoid a whole
> > lot of decisions if this were considered adequate grounds for a
> > marriage.
>
> > Is it a judgement call of an official? If so, perhaps one should marry
> > in the originating country where compatibility marriages may make more
> > sense and apply for a marriage visa instead of a fiancee visa?
>
> [QUOTE=-Dave;
> I like her a lot and we are extremely
> compatible, my children love her and she loves them and merging our
> lives together is exactly what we want to do and so I married her,
> QUOTE]
>
> There is a great poster on the group (alt.visa.us-marriage-based) called
> Folinskyinla. He's a US immigration attorney who introduced us to the
> phrase 'what's love got to do with it?' relative to marriage based
> visas. I recommend that you search his posts on Usenet, specific to that
> phrase. He has explained situations like yours before, and you might
> even want to look him up for a phone consultation about *you* specific
> situation.
>
> I don't think you need to tell the whole story you posted ('could I
> just tell them..'). Another great Folinskyism is "If you are asked (by
> an immigration officer etc) 'do you know what time it is?', the correct
> answer is either 'yes' or 'no'."
> Dig?
>
>
>
> --
> Posted viahttp://britishexpats.com

Thanks that was very helpful. I checked out the similar posts by his
name and the phrase and the one 1968 court case. Seems the criteria
may be "intent to have a life together" and the idea that "there is an
intent for the marriage to be a lasting one". Maybe I'll get a call in
to Folinskyinla.
 

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