QUESTION

Is this marriage fraud and will I be deported?

Asked on Nov 11th, 2013 on Immigration - Texas
More details to this question:
I came to the US on B2 visa and did not tell I was pregnant so I can have my baby become a US citizen. I just had baby November 9, 2013 scheduled to be leaving soon. I got married last month to remain here with baby's father. Is this fraud? Can I be deported?
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7 ANSWERS

If you married the father of your child to create a family, to be together as husband and wife then it is not a marriage fraud. The fact that you did not tell the immigration authorities about your pregnancy might make them feel that you committed a visa fraud. If you came to the U.S. more than 3 months ago, the Immigration will ask you questions about it, but it is not likely that they will try to deport you. If you did not know that you will get married, and did not intend to stay in the U.S. when you were getting your visa and when you were entering the U.S. then there is no visa fraud. The law recognizes the fact that your situation and your plans could have changed with time, and, if it happen over the period of 3 months or more, the law will presume that you are telling the truth about your original intentions and plans.
Answered on Nov 14th, 2013 at 7:42 AM

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Are you in a genuine, bona fide marital relationship or are you here just to get a green card? The answer to that would determine whether it is marriage fraud or not. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answered on Nov 12th, 2013 at 4:48 PM

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Immigration Attorney serving Downey, CA at Herrera & Juelle LLP
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You should be able to fix your papers and remain in the US. As far as fraud, that depends on how long ago you came into the United States.
Answered on Nov 12th, 2013 at 4:48 PM

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Business/ Commercial Attorney serving Bellevue, WA at Lana Kurilova Rich PLLC
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It sounds like you came to the US awhile back, several months ago, right? Were you asked at the border about your intentions? Did you lie at all to an officer at the border? If no questions were asked and you came in with your B2 visa and married the father of your child several months later, there is no fraud that I can see - provided, of course, that this is a genuine marriage and you truly intend to raise a family with your husband. You are not required to inform the CBP officers when you enter the US that you are pregnant. If you are asked a question, you cannot lie. But coming to the US while pregnant is not fraud by any stretch of imagination. Of course, if you lied anywhere along the way, this could cause a problem later. This is why I tell all my clients that the worst thing they can do is lie on their applications or verbally to any immigration or consular officers. That said, you are not required to volunteer any information. If not asked - you do not have to volunteer any information. But if asked - tell the truth. If nothing happened to you at the border, no questions, no lies, you should be just fine.
Answered on Nov 12th, 2013 at 4:47 PM

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Probably not, but discuss with an attorney all the facts.
Answered on Nov 12th, 2013 at 12:06 PM

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Immigration Law Attorney serving San Francisco, CA at Richard S. Kolomejec
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You should be fine. You can file for a green card without having to go back. I don't see the fraud as long as you can to visit and then decided to stay. You should be prepared by an attorney for your interview. That is very important.
Answered on Nov 12th, 2013 at 11:35 AM

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Bruce A. Coane
If you git married with the intent to spend your lives together, then normally that is not fraud.
Answered on Nov 12th, 2013 at 11:35 AM

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