Kracksmith

This is truly a problem.

I have a friend which is a girl. She is very innocent. She is also a US
citizen. She let this dude lied to her for about 3 years. He is about to get
his 10 years green card. But presently she found him cheating. She wants a
divorce, but this dude said if you divorce me before my 10 year green card then
he's going to tell the INS that this marriage was a fraud to begin with.

He does all the paperwork and don't want to give her any to see, only when
signing documents. She wants a divorce but is scared half to death about going
to jail because this dude is going to claim fraud. He said "Listen to me
otherwise you will go to jail for 10 years on fraud marriage and i'll just be
deported back to my country" Poor girl she is worrying and crying everyday. She
is naive and really thought this dude loves her in the beginning. But after
clues and more clues about him being dishonest on things and finally he
confronted that he has another girl already.

What can she do now? Get a lawyer? but she don't have much money. Can anyone
give me some steps she should take before I advice her to get a lawyer and just
do the monthly payments for years to come?

thanks

Folinskyinla

Hi:

What the hell? The jerk can get the conditon removed by waiver of joint petition once the divorce is final.

He is playing mind games.

She should do what she would do even if no immigration was involved. There are various agencies which can help "battered women" in getting protection.

Also, betcha they wouldn't prosecute her.

Andrew Defaria

Kracksmith wrote:

    > This is truly a problem.
    > I have a friend which is a girl. She is very innocent. She is also a
    > US citizen. She let this dude lied to her for about 3 years. He is
    > about to get his 10 years green card. But presently she found him
    > cheating. She wants a divorce, but this dude said if you divorce me
    > before my 10 year green card then he's going to tell the INS that this
    > marriage was a fraud to begin with.

He's bluffing! If he does this they will deport him and he will have a
lifetime ban. It is true that the US Citizen can face up to 5 years in
jail and up to a $100K fine for fraud but there are a couple of factors
in her favor. First he'd have to prove it. Assuming that there was no
blatant fraud (say signed documents by her stating that she agrees to
receive say $10K in exchange for getting him this immigration benefit)
then he'd have no real proof. And besides rarely is the USC gone after
unless say they are working in conjunction with some business providing
marriages of convenience for many immigrants. IOW unless she's
consistently marrying aliens, getting them GCs and then divorcing I
doubt that she will be pursued. But again, assuming that the marriage
was bona fide then I think she has little to worry about.

This is not to say that he won't possibly claim fraud - just that he'd
be stupid to do so.

    > He does all the paperwork and don't want to give her any to see, only
    > when signing documents. She wants a divorce but is scared half to
    > death about going to jail because this dude is going to claim fraud.
    > He said "Listen to me otherwise you will go to jail for 10 years on
    > fraud marriage and i'll just be deported back to my country" Poor girl
    > she is worrying and crying everyday. She is naive and really thought
    > this dude loves her in the beginning. But after clues and more clues
    > about him being dishonest on things and finally he confronted that he
    > has another girl already.

Simple questions: Was the marriage real or not? What sort of proof do
you think he could make up to say the marriage was fraud? What would he
say would be the benefit to her from committing fraud? (IOW why would
she be participating in fraud? There is no benefit to her and all the
benefit for him).

    > What can she do now? Get a lawyer?

If she does not wish to remain this this guy (and she shouldn't) then
she should file for separation and get a family lawyer now. Then she
should call his bluff by getting the lawyer to get him to turn over his
"proof of fraudulent marriage". Make sure to submit that to the USCIS.
Then use it to nullify the marriage (Hey if the marriage was fraudulent
then it didn't exist so you can nullify it).

    > but she don't have much money.

She might be able to get him to pay her attorney fees.

    > Can anyone give me some steps she should take before I advice her to
    > get a lawyer and just do the monthly payments for years to come?

What monthly payments do you speak of? Do you think that a women who
lacks the money to retain an attorney might somehow be forced to provide
spousal support? Or are you thinking of support because of the avadavit
of support? If the later then realize that is only for public means
tested support such as food stamps and welfare. If he's gonna go running
to he USCIS claiming fraud then he probably will not be here long enough
to even attempt to collect anything.
--
You know how it is when you're walking up the stairs, and you get to the
top, and you think there's one more step? I'm like that all the time.

Folinskyinla

Andy:

I agree with your posting as a whole.

But just on the pedantic side -- I'm not so sure that a court would grant a nullity decree on the basis that both parties wanted to defraud the government. I would tend to think that a court would want fraud on Husband on Wife.

Also, there is a general principal of law that it will not intervene between two wrongdoers. If a thief double-crosses another their on the agreement on how to split the loot, a court will not intervene.

Of course, this means, HE can't get a nullity on fraud.

Andrew Defaria

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Folinskyinla wrote:<br>
<blockquote type="cite" cite="[email protected]">
<blockquote type="cite">Then use it to nullify the marriage (Hey if
the marriage was fraudulent then it didn't exist so you can nullify it).<br>
</blockquote>
<!---->I agree with your posting as a whole.<br>
<br>
But just on the pedantic side -- I'm not so sure that a court would
grant a nullity decree on the basis that both parties wanted to defraud
the government. I would tend to think that a court would want fraud on
Husband on Wife.<br>
</blockquote>
My assumption is that there is no real fraud going on on the part of
the wife but just possibly on the part of the husband. Should he
attempt to prove fraud it might just show more of his fraudulent
intentions and assuming no fraud on her part, she could prove real
intent on her side. Such documentary proof could serve two purposes.
One that the USCIS would be interested in and the other that she might
be able to use in family court. This is based on assumptions as we do
not know what's really going on. <br>
-- <br>
I ask people why they have deer heads on their walls. They always say
because it's such a beautiful animal. I think my mother is attractive,
but I only have photographs of her.<br>
</body>
</html>

Paul Gani

This is *quite* amusing. An empty threat if I'd ever heard one! Given the
paperwork, he obviously wants to stay in the U.S.

If he signs a statement that he entered a fraudulent marriage for
immigration purposes, he will then be deported and is banned from the U.S.
for life with no waiver available.

I think I'd let him sign that statement, let him be deported, and when/if in
the unlikely chance the government wants to press charges, I'd of course
present all my evidence of the truth (i.e. that it was a real marriage, at
least from my part).

I have a feeling most of the people in this newsgroup with failed marriages
would *love* it if their foreign spouse made the same threat!

Paulgani

"Kracksmith" <[email protected]> wrote in message
news:[email protected]...
    > This is truly a problem.
    > I have a friend which is a girl. She is very innocent. She is also a US
    > citizen. She let this dude lied to her for about 3 years. He is about to
get
    > his 10 years green card. But presently she found him cheating. She wants a
    > divorce, but this dude said if you divorce me before my 10 year green card
then
    > he's going to tell the INS that this marriage was a fraud to begin with.
    > He does all the paperwork and don't want to give her any to see, only when
    > signing documents. She wants a divorce but is scared half to death about
going
    > to jail because this dude is going to claim fraud. He said "Listen to me
    > otherwise you will go to jail for 10 years on fraud marriage and i'll just
be
    > deported back to my country" Poor girl she is worrying and crying
everyday. She
    > is naive and really thought this dude loves her in the beginning. But
after
    > clues and more clues about him being dishonest on things and finally he
    > confronted that he has another girl already.
    > What can she do now? Get a lawyer? but she don't have much money. Can
anyone
    > give me some steps she should take before I advice her to get a lawyer and
just
    > do the monthly payments for years to come?
    > thanks

Dekka's Angel

I believe the technical term for this little scenario is attempted extortion, a felony in 50 states and (although I haven't done the research) probably something of a federal offense as well given that the object being extorted is a federally granted benefit.

They still occasionally arrest people for extortion. And, since it is indeed a crime of moral turpitude, they also deport extortionists once convicted, last time I heard.

(On the other hand, last time I heard the victim of an extortion, provided that they report being victimized in a timely fashion is usually not the one who is punished.)

But rather than get into the technical legal mumbo jumbo, I'd recommend that she tell him she's getting a divorce with the following, succinct statement (borrowed from my 20 year old):

OK, see ya, bu bye.

Folinskyinla

Hi Angel:

Don't you just love what comes out the mouths of 20 year old California college girls? IMHO, the Beach Boys got it right back in the 60's!

Seriously, can you recall a string where, you, I, DeFaria and Gani are all in agreement! Will wonders never cease.

Dekka's Angel

Yes, this is something of a Miracle Thread. =)

But then again, some people are just too stupid to be allowed to immigrate and a person who is going to threaten *someone else* with disclosure of an alleged crime that necessarily took his own active participation is clearly on the low end of the intelligence food chain.

Andrew Defaria

Folinskyinla wrote:

    > Seriously, can you recall a string where, you, I, DeFaria and Gani are
    > all in agreement! Will wonders never cease.

Every once in a while the planets align! Let's celebrate! :-)