QUESTION
Will my friend get in trouble for marrying her boyfriend to prevent him from getting deported?
Asked on Sep 12th, 2011 on Immigration - California
More details to this question:
My friend has dated a guy for 10 months whose visa has been expired at least 6/7 months. He got caught and sent to immigration jail. They managed to post bail and got married and now they have an interview in a few weeks. I know for a fact that she wouldn't have married him if he could stay here by another means but the fact is that they care for each other enough. I know how suspicious it looks and I'm her friend so surely immigration officers are going to be very suspicious. For one there's a big age gap (20 years) and then there's religion differences. I just don't want my friend to get in trouble. Is it possible they would just deport him and nothing happen to her?
7 ANSWERS
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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If they are married to have a shared life together and not only for the immigration benefit, and they interview will, the case should be approved. They should prepare for the interview and be ready to answer those questions you raise.
Answered on Sep 16th, 2011 at 8:30 AM
Immigration and Naturalization Attorney serving San Diego, CA
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Feldman Feldman & Associates, PC
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Only your friend knows if her marriage is in good faith. If it is a genuine relationship and the timing of getting married is all that is dictated by immigration concerns, my opinion is that this does not make this a fraudulent marriage. Have her review the Immigration Marriage Fraud Act and/or talk to immigration counsel if she is not marrying for love.
Answered on Sep 15th, 2011 at 4:37 PM
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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For immigration purposes, the marriage has to be real and for love. Age should not matter as long as the couple, live together as husband and wife. I am not sure why you are suspicious of their intentions. It is for them to prove it to the immigration officer. If immigration officer has any concerns regarding the validity of the marriage, CIS will conduct special investigations.
Answered on Sep 14th, 2011 at 1:05 PM
Business Litigation Attorney serving Chicago, IL
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Law Offices of Peter Y. Qiu
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More investigations are necessary before a determination of her duties and liabilities may be made.
Answered on Sep 14th, 2011 at 12:18 PM
There is no substitute for your friend and her husband to seek a careful review of their situation, and preparation of their case, but an immigration attorney. You mentioned three facts (married while bail posted during removal/deportation proceedings; 20-year age difference; and difference in religions), each one of which will lead immigration authorities to suspicious, and all three together will require particularly strong and convincing documentary evidence of the bona fide nature of the marriage relationship. If the USCIS were to determine that the couple filed a fraudulent application, there could be very serious legal consequences for both your friend and her husband.
Answered on Sep 14th, 2011 at 12:07 PM
She should read again carefully the legal advisals on page two of her visa petition right above the line where she singed.
Answered on Sep 14th, 2011 at 7:50 AM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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If they are in a real relationship it is not fraud unless they solely married for him to fix papers. Separation can be a motivating factor to marry.
Answered on Sep 14th, 2011 at 7:14 AM