zero029

There's a lot of material available on consequences of aliens involved with lies and obtaining benefits. What about the consequences for an alien in a family based application for adjustment if the citizen spouse lies about marital status when applying for some particular state program? Is this a kiss goodbye to the bona fide intent concept?

HunterGreen

Why would the US spouse lie about marital status? The USC is still entitled to all benefits they were entitled to before they got married to a non-USC. The USC receiving any benefits does also not affect the immigration status (adjustment, removal of conditions etc.) of the immigrant.

Just as an example - if a USC would apply for some kind of benefit for his family (USC, non-USC spouse, 2 USC kids) they would just count the family as 3 people. The non-USC wouldn't be counted. If the USC's income is over the limit for 3, but under 4 for this particular benefit, then he's out of luck.
At least that's how I always understood it.

And why would someone be an idiot enough to lie about this kind of thing in the first place... *rolling eyes*

Elaine

zero029

many reasons why people sometimes do this; ignorance, fear and stupidity, specially when the marriage is to a person who's out of status. But would this prevent a the finding of a bona-fide marriage for dumb and dumber?

ladygwennie

Well said

HunterGreen

If they're willing to take the risk of lying, they're willing to take the risk of it not being found a bona-fide marriage.
It is people who make these decisions, and there's no telling how the human mind works sometimes.

Hopefully they'll come back and tell us/you how it ended up - that's the only way to know for sure.

Elaine

zero029

I agree that's childish conduct, ridiculous to say the least. lol. What I don't know if how a confession to the particular lie (marital status) would impact an adjudication. I found this tread posted somewhere else and the advise there was unethical at best.

Polaris_x

I don't believe it. From what I've seen, all you have to do is cross the border, drop a baby, and the U.S. government begins a love affair with you.

I guess the key is to NOT get married, and NOT pay taxes, then the INS will leave you alone.

zero029

I don't see how your answer relates to the post. This is about a citizen married to some alien who qualifies for adjustment (pending app). It's the poster (citizen) who misrepresents the fact of the marital status as advised by a tax attorney based on some technicality. The benefit the person describes in the original post is a personal benefit, not related to the alien in any way. I would post the original message here but I have no right to do so, I don't know who the person is and I don't have permission to repost.

ian-mstm

Post the URL... then we can all read it for ourselves and have a better understanding of what's going on.

Ian

Rete

Regardless of where posted, if the USC fudges on his US tax returns and declares single rather than married then at the time of the adjustment of status when tax returns are scrutinized by the DAO there are going to questions as to the validity of the marriage. And if the lying was due to obtaining a benefit from the US government, i.e. earned income credit, welfare or food stamp benefits, then there is the matter of that agency of the federal and/or state government going after them for not only reimbursement but perhaps criminal charges.

Hypertweeky

Hey Elaine

You will be surprised.. I know of somebody that didn't report the wife's income (non US citizen) to get free lunches at school and food stamps

zero029

the post, it seemed rare to me. It's a man, or so the poster said. He's married to some UK woman, love of his life and all the usual crap. He's the only one with a job in the household and they have a pending app. She's present in the US after an overstay pending the adjustment. The benefit in question is related to a state funded dental program. According to this person, he qualified before he got married and the question asked in the form was wether or not others lived in the household. he answered he lived alone. Another poster was curious about the taxes as well, the person responded he's amending the tax returns before the AOS but is concerned about this enrollment for dental benefits.
and on top of all, I dont think you can amend your taxes after they're filed, but I'm no legal expert.

hcj1440

You're definitely no CPA. Of course you can amend your taxes after they're filed. That's what form 1040X is for.

zero029

You got that right! lol

HunterGreen

Hi Tweeks

Actually, no I wouldn't be and am not surprised... I'm not that naive. I still think they're stupid though. lol

E