marriage, etc.
Dec 12th 2005, 7:52 pm
#1
Guest
Posts: n/a
marriage, etc.
I recently got to know a very good young guy who came to the US from
one of the former Soviet republics in the Central Asia as an EarthCorps
volunteer. He is very likable, and one woman who apparently liked him a
lot offerred to marry him to help him stay here. He liked her as well
and he did want to stay, so he agreed. After a short period of knowing
each other they got married, she took his last name, they are renting
an apartment together (with her kids as well). He applied for SSC and
work authrization. However, after 3 months of living together, he
realized how difficult it is to live with the people you are not
attached to...
They are still living together, they are remaining firiends and she is
willing to help him as much as she can. He has been working for cash
all this time to cover many of her debts and living expences. She is
also working. The problem is that his wife is planning to move to
another state within couple of months. He had just formed some network
of people around him. By a mere set of coincidences, he got friends and
people speaking his language (although he has a very good English)
willing to help him as he is very likable, responsible and hard working
guy. He even got an offer from one person for a permanent job. To leave
all of this behind means to start all over in the empty space. He also
planned to start studying in college in September when his state
residency becomes valid.
Here are the questions:
1. Can he fly over to his wife once a week/month to "keep the family"?
Is this sufficient to keep his legal status here?
2. What happens if he gets divorced but is immediately offerred a job
that implies H1 visa?
3. What other possibilities do you see for him?
Please reply to me as I am trying to help the guy as much as I can.
Thanks a lot!
one of the former Soviet republics in the Central Asia as an EarthCorps
volunteer. He is very likable, and one woman who apparently liked him a
lot offerred to marry him to help him stay here. He liked her as well
and he did want to stay, so he agreed. After a short period of knowing
each other they got married, she took his last name, they are renting
an apartment together (with her kids as well). He applied for SSC and
work authrization. However, after 3 months of living together, he
realized how difficult it is to live with the people you are not
attached to...
They are still living together, they are remaining firiends and she is
willing to help him as much as she can. He has been working for cash
all this time to cover many of her debts and living expences. She is
also working. The problem is that his wife is planning to move to
another state within couple of months. He had just formed some network
of people around him. By a mere set of coincidences, he got friends and
people speaking his language (although he has a very good English)
willing to help him as he is very likable, responsible and hard working
guy. He even got an offer from one person for a permanent job. To leave
all of this behind means to start all over in the empty space. He also
planned to start studying in college in September when his state
residency becomes valid.
Here are the questions:
1. Can he fly over to his wife once a week/month to "keep the family"?
Is this sufficient to keep his legal status here?
2. What happens if he gets divorced but is immediately offerred a job
that implies H1 visa?
3. What other possibilities do you see for him?
Please reply to me as I am trying to help the guy as much as I can.
Thanks a lot!
Dec 13th 2005, 12:51 am
#2
Joined: Mar 2003
Posts: 68,280
Re: marriage, etc.
Originally Posted by Vadim
I recently got to know a very good young guy who came to the US fromone of the former Soviet republics in the Central Asia as an EarthCorpsvolunteer. He is very likable, and one woman who apparently liked him alot offerred to marry him to help him stay here. He liked her as well
and he did want to stay, so he agreed. After a short period of knowing
!
and he did want to stay, so he agreed. After a short period of knowing
!
No help coming from here...
Dec 13th 2005, 2:57 am
#3
Account Closed
Joined: Mar 2004
Posts: 2
Re: marriage, etc.
Originally Posted by Ray
Aiding and abetting a fraudulent marriage to obtain status in the US ..
No help coming from here...
No help coming from here...
2. He leaves and attends a visa interview for a H in his own country.
3. Go home?
Dec 15th 2005, 8:23 pm
#4
Guest
Posts: n/a
Re: marriage, etc.
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vadim wrote:
> I recently got to know a very good young guy who came to the US from
> one of the former Soviet republics in the Central Asia as an EarthCorps
> volunteer. He is very likable, and one woman who apparently liked him a
> lot offerred to marry him to help him stay here. He liked her as well
> and he did want to stay, so he agreed. After a short period of knowing
> each other they got married, she took his last name, they are renting
> an apartment together (with her kids as well). He applied for SSC and
> work authrization. However, after 3 months of living together, he
> realized how difficult it is to live with the people you are not
> attached to...
This is the exact reason immigration laws were written to require that the
marriage exist for several years.
> They are still living together, they are remaining firiends and she is
> willing to help him as much as she can. He has been working for cash
> all this time to cover many of her debts and living expences. She is
> also working. The problem is that his wife is planning to move to
> another state within couple of months. He had just formed some network
> of people around him. By a mere set of coincidences, he got friends and
> people speaking his language (although he has a very good English)
> willing to help him as he is very likable, responsible and hard working
> guy. He even got an offer from one person for a permanent job. To leave
> all of this behind means to start all over in the empty space. He also
> planned to start studying in college in September when his state
> residency becomes valid.
>
> Here are the questions:
> 1. Can he fly over to his wife once a week/month to "keep the family"?
> Is this sufficient to keep his legal status here?
With a marriage for immigration purposes, NOTHING is sufficient to keep his
legal status here. In fact, if USCIS was able to prove that immigration was
the only reason for the marriage, he would be deported and banned for life
from the USA.
In all honesty, at this point, even if they were to fall in love now, it
would still be a difficult case. Anything short of her getting pregnant
with his child may not help to convince USCIS in the end.
If this was a bona fide marriage, a *temporary* separation for business
reason could possibly be explained, as long as one of them is planning to
move within a reasonable time frame (and has ample evidence of that).
Generally, in order to get approved by USCIS, the couple should live
together, share such things as finances, checking accounts, jointly rent
their apartment or own their home, have plenty of vacation photos etc.
> 2. What happens if he gets divorced but is immediately offerred a job
> that implies H1 visa?
I'm not actually sure. Many marriage-based situations have the rule that he
has to leave the country and get a visa abroad, but I'm not sure if this
applies here.
That aside, it is highly unlikely that he would get an H-1B before October 1
anyway.
> 3. What other possibilities do you see for him?
At this point, he would probably be best off to get divorced, leave the USA
and remain outside the USA for a very long time - one year at a minimum. If
he does that, my guess is that USCIS will not be too interested in the
marriage, so it would probably not be an obstacle to future travel to the
USA.
He can, of course, participate in the Green Card lottery.
> Please reply to me as I am trying to help the guy as much as I can.
> Thanks a lot!
- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Hash: SHA1
vadim wrote:
> I recently got to know a very good young guy who came to the US from
> one of the former Soviet republics in the Central Asia as an EarthCorps
> volunteer. He is very likable, and one woman who apparently liked him a
> lot offerred to marry him to help him stay here. He liked her as well
> and he did want to stay, so he agreed. After a short period of knowing
> each other they got married, she took his last name, they are renting
> an apartment together (with her kids as well). He applied for SSC and
> work authrization. However, after 3 months of living together, he
> realized how difficult it is to live with the people you are not
> attached to...
This is the exact reason immigration laws were written to require that the
marriage exist for several years.
> They are still living together, they are remaining firiends and she is
> willing to help him as much as she can. He has been working for cash
> all this time to cover many of her debts and living expences. She is
> also working. The problem is that his wife is planning to move to
> another state within couple of months. He had just formed some network
> of people around him. By a mere set of coincidences, he got friends and
> people speaking his language (although he has a very good English)
> willing to help him as he is very likable, responsible and hard working
> guy. He even got an offer from one person for a permanent job. To leave
> all of this behind means to start all over in the empty space. He also
> planned to start studying in college in September when his state
> residency becomes valid.
>
> Here are the questions:
> 1. Can he fly over to his wife once a week/month to "keep the family"?
> Is this sufficient to keep his legal status here?
With a marriage for immigration purposes, NOTHING is sufficient to keep his
legal status here. In fact, if USCIS was able to prove that immigration was
the only reason for the marriage, he would be deported and banned for life
from the USA.
In all honesty, at this point, even if they were to fall in love now, it
would still be a difficult case. Anything short of her getting pregnant
with his child may not help to convince USCIS in the end.
If this was a bona fide marriage, a *temporary* separation for business
reason could possibly be explained, as long as one of them is planning to
move within a reasonable time frame (and has ample evidence of that).
Generally, in order to get approved by USCIS, the couple should live
together, share such things as finances, checking accounts, jointly rent
their apartment or own their home, have plenty of vacation photos etc.
> 2. What happens if he gets divorced but is immediately offerred a job
> that implies H1 visa?
I'm not actually sure. Many marriage-based situations have the rule that he
has to leave the country and get a visa abroad, but I'm not sure if this
applies here.
That aside, it is highly unlikely that he would get an H-1B before October 1
anyway.
> 3. What other possibilities do you see for him?
At this point, he would probably be best off to get divorced, leave the USA
and remain outside the USA for a very long time - one year at a minimum. If
he does that, my guess is that USCIS will not be too interested in the
marriage, so it would probably not be an obstacle to future travel to the
USA.
He can, of course, participate in the Green Card lottery.
> Please reply to me as I am trying to help the guy as much as I can.
> Thanks a lot!
- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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