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friend in a marriage sham - needs opinions

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friend in a marriage sham - needs opinions

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Old Jan 29th 2004, 8:14 pm
  #1  
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Default friend in a marriage sham - needs opinions

Hello I have a short story I hope you could bear with, I need to
advise a friend who has made a foolish mistake and doesn't know what
to do now. I seek only your humble advice, I understand it will not be
legal advice. All your responses are confidential for my education
only.

If an overseas woman had an immigrant male visa
lottery winner sign that she was his spouse to allow her
to come to the us, is there a way that mercy may
be shown to the woman if she wanted an annulment and
would like to reapply for status in the us in a legal
way through a job offer? Or at least for a tourist visa, and not be
procecuted in any way, or be blacklisted?

The woman's father had the lottery winner sign for her, she did not
understand how serious it was to have someone sign her
as his wife in this way and wants to come clean as
she has found out about an interview to "proove" her
marriage existed prior to arriving and then again after 2 years in the
us as well.

Apparantly her father in her home country desired her
to go to the US to make money to send back to him
and her family members, she felt pressured to do this
and didn't understand it was a major crime to have
a fraud marriage arranged for her to go to the us.

She never was married as her home country forged the marriage
documents. She just came here to live with her sister who lives here
legally and work to make money to send back to her father.

Her father arranged for the visa lottery winner to "sign for her" as
his spouse before she came here, and she has not seen him since she
came off the plane and had him sign the documents about a year ago.
She lives with her sister who is a legal resident in the us.

Do visa lottery winners who bring an alleged spouse to the states
still have to go through the exact same interview process after 2
years of the spouse's arrival to proove their marriage in the same way
as if someone gets a finace visa and marries in the states? (The
lottery winner claims she was married to him from their home country
from about 2 years before).

She is very sorry after she found this is a major crime and will
certainly break down in any ins interview. I just want to advise her
on her options so she won't get imprisoned, deported or blacklisted.
She is quite an ignorant person, but I don't think what her father
arranged for her should get her blacklisted for life, she is no threat
to anyone and wants to come clean if it is possible without being
blacklisted or deported.

She wants to stay with her sister and find a job but wants the
"marriage" to be annulled (or divorce if the only way) and for
her to stay with her sister in the us. If she has to leave the
country,
she could do that, but hopes there will be no blacklisting on her.

Please, can you help me with educational advice about this. I am so
sorry I cannot afford lawyers fees to answer this question as I am
very poor as she is, but if you could answer these questions of your
own opinion without providing legal advice, I would so be indebted to
you and appreciate your kindness very very much.

Thank you so very much.
 
Old Jan 30th 2004, 3:24 am
  #2  
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Joined: Jan 2004
Location: Atlanta, GA
Posts: 771
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Default Re: friend in a marriage sham - needs opinions

Here is my advice:

Since the woman is already in the States, I am assuming that she already got a green card. It is the only way she could actually arrive to the States, based on marriage to a green card lottery winner. She should have a stamp in her passport (I-551 or something like that). WHen she was arriving, she had a packet of documents with her, given to her at the embassy. It contained all her papers related to her green card. Later on, she will get a plastic card at the address that the husband indicated on her forms. She should really find him and find out what happened to the card.

There will be no interviews of any kind. There is no reason to break down. Green card lottery gives spouses permanent green cards, not temporary ones. She is fine and doesn't have anything to be afraid of. Now all she has to do is find her husband, get the plastic card from him (otherwise, there is a form on INS website that you have to fill out if your card was lost/never received), and obtain a regular divorce.
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