CR1 and divorce

[diadromous mermaid 36]

I find this line of discourse particularly interesting because I believe it important to debunk the myths about what constitutes marriage fraud. Once again, in order for any situation to be deemed immigration marriage fraud, there would have to be a marrriage entered into solely to benefit the alien's permanent residence. Either in a case where both parties conspire together to circumvent the laws as delineated in the INA, or in a case where an alien, alone, deceives a US citizen into entering into a marriage with ulterior motives.

For the US citizen husband to wish to help her to become legal despite the impending divorce is also not marriage fraud, as long as no immigration laws are circumvented in the process. Unfortunately, in this case, lack of a sustaining marriage at the point of conferring resident status (whether that be done through adjustment of status from non-immigrant to immigrant from within the USA, as in the case of K3 and K1 visa entrant categories, or at the point of entry to the USA as in the case of CR-1 visa entry) will be an impediment. If a USC fabricates or misrepresents the state of a marriage in order to get around such impediment, then that can be construed as fraud.

An alien does not have to be distraught over the end to a marriage in order to demonstrate that it was a bonafide union, especially if that union was entered into without the traditional "love" many of us expect to be essential to a marriage from our own, very limited, perspective. One only has to be familiar with arranged marriages to know this not to be true.

This commentary, alone, does not indicate a USC's intent to commit immigration marriage fraud to me either. I read it that the USC is aware that his choice to end the marriage may have a very dire impact on the potential for his current alien bride to achieve residency status, and was contemplating whether postponing the divorce for sufficient time to permit her to enter the USA and attempt to gain residency status might be helpful. Once again, unfortunately, any such attempt would likely be unsuccessful because the marriage would have to sustain long enough for her to accomplish such ends, and as she said in another post, it appears he is eager to begin his next relationship and settle down with another woman.

I asked him why he was still trying to act like a real husband and file the petition for me..i heard just to help me to come back and live in California beacuse I loved it so much!!!

morocco4ever and others,

"Kind of" loving someone is NOT immigration fraud. Nor is marrying out of social pressure, marrying as "friends" or being in "like" or as a cultural arrangement. It is not immigration fraud, as long as immigration benefit is not the sole reason for marrying.

There's not much in the postings that give any indication that immigration benefits were not the sole reason.

Was there something I missed where she speaks about being hurt by this...that she will miss her husband?

One section that spoke loudly to me was...

I asked him why he was still trying to act like a real husband and file the petition for me..i heard just to help me to come back and live in California beacuse I loved it so much!!!

So let's just suppose her intent was not immigration fraud...sure sounds like that was hubbie's intention.

Or am I not reading this properly?

[Ling Ling 22]

There's more that the OP said that would suggest it is not a bona fide marriage,

than otherwise.

Based on the information given (and specific questions that were ignored by the OP)

the LOGICAL presumption is that it was a marriage of convenience.

Regardless of the marriage having been entered into fraudulently or not,

at THIS POINT it is apparently not a bona fide marriage, and any attempt to gain

a visa based on this marriage would clearly be fraud.

Further, a person who is not even free to marry, and asking questions about marrying

another USC, should give a reasonable person pause as to if said person is

looking for love or a Green Card.

[diadromous mermaid 36]

Ling ling,

What gives you cause to think that what the OP said indicates it was not a bonafide marriage?

That she was "kinda in love"?

There's more that the OP said that would suggest it is not a bona fide marriage,

than otherwise.

Based on the information given (and specific questions that were ignored by the OP)

the LOGICAL presumption is that it was a marriage of convenience.

Regardless of the marriage having been entered into fraudulently or not,

at THIS POINT it is apparently not a bona fide marriage, and any attempt to gain

a visa based on this marriage would clearly be fraud.

Further, a person who is not even free to marry, and asking questions about marrying

another USC, should give a reasonable person pause as to if said person is

looking for love or a Green Card.

Edited November 3, 2008 by diadromous mermaid

[Ling Ling 22]

Ling ling,

What gives you cause to think that what the OP said indicates it was not a bonafide marriage?

That she was "kinda in love"?

diadromous mermaid,

I looked at everything that was said, not just one line.

What gives you cause to think that it WAS a bona fide marriage?

That she was "kinda in love"?

[payxibka 10,047]

Ling ling,

What gives you cause to think that what the OP said indicates it was not a bonafide marriage?

That she was "kinda in love"?

diadromous mermaid,

I looked at everything that was said, not just one line.

What gives you cause to think that it WAS a bona fide marriage?

That she was "kinda in love"?

Please tell me please where it says love is a required element as well as the "linchpin" to a bonafide relationship?

[DanielParul 50]

Love is not the required element for a bonafide marriage but the point here is that both parties want a divorce coz the marriage is not working out and at this time there is no relationship between the two. To try and prove otherwise to the USCIS to adjust status would be fraud, just my $0.02.

[payxibka 10,047]

Love is not the required element for a bonafide marriage but the point here is that both parties want a divorce coz the marriage is not working out and at this time there is no relationship between the two. To try and prove otherwise to the USCIS to adjust status would be fraud, just my $0.02.

That is why a look at the totality of the evidence is needed... not just one element that may or may not be present....

FWIW, the original "point" of this thread disappeared a while ago....

[patita 0]

she didn't say that she wants to come back to the States did she? i read that post again and her husband wants/wanted (i guess not anymore cuz it will take some time and he wants to start his new life with new woman ) to help her to GET the papers but she said wants divorce! so where is the fraud in this!?? they didnt file any documents for her yet...she will be divorced - even without trying to get the GC - so how come it will be suspicious for INS?

I just dont understand it! this girl is wondering what will happen to her in the future cuz of the divorce...

I wish she could explain more

[patita 0]

she didn't say that she wants to come back to the States did she? i read that post again and her husband wants/wanted to help her (i guess not anymore cuz it will take some time and he wants to start his new life with new woman ) to GET the papers but she said wants divorce! so where is the fraud in this!?? they didnt file any documents for her yet...she will be divorced - even without trying to get the GC - so how come it will be suspicious for INS?

I just dont understand it! this girl is wondering what will happen to her in the future cuz of the divorce...

I wish she could explain more

[morocco4ever 63]

Hello everyone!

I have a huge problem and I need an advice guys!

I am married to US citizen since July 2008. We were very good friends..kinda in love..he didnt want me to go back home so we decided to get marry!

"He didn't want me to go back, so we decided to marry". This sounds to me like they were trying to avoid the immigration laws. This marriage was never meant as sincere, just so she could stay.

let's say we will divorce in the US... do I have to be present?

And after all can I marry another US citizen without any problem and legalize my status there?

This one suggest to me that her intent is to marry while here and stay.

Diad I respect you and your opinion. You have great knowledge on immigration, and give great advice. I just think you are cutting a little to much slack for this one.

[diadromous mermaid 36]

Well thank you for your vote of confidence, morroco4ever, but I just ask, in the case of many marriages, where one party is foreign-born and the other a USC, is it not also true in many clearly bonafide relationships that the parties might accelerate the relationship so that the parties can be together? Take for example a foreign-born that uses VWP to come to visit their partner with no intent of marrying, but after being together when the date of departure looms near and they choose to marry so that the foreign born does not have to return to his or her homeland, what makes that impromptu marriage more bonafide than this one? What might be different in the general case is that typically the rationale for the parties to decide to marry so that they can be together and not be further seprated is based on their love for each other. Perhaps the fact that the OP has admitted that their love was a little more "lukewarm" than the general cases are is leading to you to believe it is not bonafide?

Hello everyone!

I have a huge problem and I need an advice guys!

I am married to US citizen since July 2008. We were very good friends..kinda in love..he didnt want me to go back home so we decided to get marry!

"He didn't want me to go back, so we decided to marry". This sounds to me like they were trying to avoid the immigration laws. This marriage was never meant as sincere, just so she could stay.

let's say we will divorce in the US... do I have to be present?

And after all can I marry another US citizen without any problem and legalize my status there?

This one suggest to me that her intent is to marry while here and stay.

Diad I respect you and your opinion. You have great knowledge on immigration, and give great advice. I just think you are cutting a little to much slack for this one.

Edited November 3, 2008 by diadromous mermaid

[morocco4ever 63]

Your example isn't quite the same. They intend to make a life together.

My rational for it is that the husband, supposidly the person that wanted her to stay, and the OP never resided together, and to top it off he got another girlfriend. That in a nutshell tells me that his intentions were never to make the marriage work, only to keep her from leaving. In all appearances it reeks of premeditated fraud with intent to separate after she got the gc, but he found another girl which put a kink in the plan. Why else is he so intent to help her to be able to stay? I highly doubt if this was a one sided decision either. If the marriage was entered into without the intent of staying together then it was never a bona fide relationshipto begin with..

I know we will disagree on this one no matter what. Let's just agree to disagree since I am sure the OP could care less what either of us thinks.

[Beautiful_years 0]

she didn't say that she wants to come back to the States did she? i read that post again and her husband wants/wanted to help her (i guess not anymore cuz it will take some time and he wants to start his new life with new woman ) to GET the papers but she said wants divorce! so where is the fraud in this!?? they didnt file any documents for her yet...she will be divorced - even without trying to get the GC - so how come it will be suspicious for INS?

I just dont understand it! this girl is wondering what will happen to her in the future cuz of the divorce...

I wish she could explain more

I'm with you on this one, if she so loved the USA that much she could have stayed without returning and be "illegal", she could also have been the one not wanting a "divorce"

She asked a question, not a sentence passed by educated and dissecting judges, people come for help, if it seems fraudulent, there are polite ways to say so and redirect her.

She just wanted to know what would happen to her... people have qualities they seek in partners, others have races they prefer, to some living in a particular place and meeting amd marrying the man you love and living happily ever is a dream come true. Whatever those criterias are ... who are we to pass judgement? Who has never done something to be ashamed of?

What stops her from sometime seeking out a man in the near future from the usa if she really does like it out here? what stops her from asking what her future would be and if it affects her chances ? And if the man in question is offering her the smooth passage of a green card and thinks they can both scale thru who am i to complain except to direct her to the possible consequences and fraud politely?

My $0.05 is if you ever have problems pm people instead of pasting it here cos you ll be in for the shock of your life!

Well my opinion remains authentically mine, no offense to anyone else... and if you feel the need to vent, or show me how perfect english can be please feel free.

Some people dont know how to express themselves.... maybe if she could there are some things she would have explained better.

Surely this isnt a divorce forum neither is it an immigration approval or disapproval site, but who knows? people find answers in the wrong places sometimes, and atleast she was honest unlike the others who comes out to say my friends husband or my friend is having a problem and i am seeking help and answers for her!

To you the original poster...

It would help better to explain more so we all can understand and like some rightly said, it would be fraudulent to accept it and you might both not be able to pull it through as you would most definitely have to file papers and show a bonafide relationship etc, as for marriage of course you can get a divorce seek the help of an attorney for better explanation and assistance.

And if you do desire to reside here in the Usa sometime in future you can as well look into other routes to get here like someone else said, marriage should be entered into with honest intention as someone gets hurt either way.

Its difficult for two people who are truely in love to cope with the stress of marriage i cant imagine how it is for those who arent!

Gosh!

I wish you d best as you search for help and hope you find it either here or anywhere else!

Dont forget to give an update, we like to read from everyone here... especially when problems are solved!