Possible Marriage Fraud Investigation

[Indian Friend 1]

I am posting this for a friend who might be in little trouble. I am not really sure.

This is in India at Chennai Consulate.

First let me say this as I am not sure if this is legal or not: Here is how it generally works whenever Indian Citizen marry US Citizen. Whenever decision of marriage is made between party, they immediately go for paper marriage in order to expedite the immigration processing. Paper marriage under Hindu marriage act WITHOUT proper Hindu ceremony are not legally valid, but you do get marriage certificate stating that you are married. I don't think US Embassy cares too much as long as there is certificate. Anyways, paper marriage is registered, and based upon paper marriage greencard application processing is started. While greencard processing is ongoing, couple eventually get Hindu religious marriage for real and by the time interview rolls around, they are married for real. This is the process MOST indians use for nutshell to expedite the immigration somewhat. I am not saying this is right or wrong, but this is what it is done.

So, my friend started similar process in 2005 with US Citizen. Marriage was registered, and greencard application was filed from US. However, relation was broken off by my friend because she was in love with someone else at that time. Apparently, there was some force on US Citizen from my friend's family to let her have greencard anyway even though girl was not interested. US Citizen didn't give in, and canceled the greencard file and got divorce (for that paper marriage). US Citizen was obviously not at fault for doing this.

Fast forward to now, my friend is in contact with US Citizen for last 6 month and is planning to get married. I don't think she is trying to use "shortkut" again and do everything legally by the books.

So, she was concerned that whether her brief marriage in 2005 as described above will interfere with new processing? Do US Embassy keep record for 5 years for non-approved petitions from the past. She is not sure if US Citizen reported her to immigration at that time, because there was force on him to the point that it could easily be considered blackmail/extortion for 6-8 months by her family and friends in US.

Please do not pass any judgement. I would like information on whether she will have trouble getting visa to US if everything is done legally with new US Citizen by the book. She will obviously reveal previous marriage. What should she do to help her case? If there is no chance, then she would rather find someone within India and not go through years of trouble.

Any feedback will be appreciated.

[Indian Friend 1]

Anyone? Please give me some thoughts, whatever they are (harsh or not).

[Penguin_ie 5,996]

I don't understand how the paper marriage is not legal.. surely it is just a civil wedding, and perfectly legal? In any case, it should not interfere with the new visa, as the old marriage was legally disolved, and she never derived any immigration benefit from it as the petition was canceled. She may be asked a couple of questions about the previous relationship at the interview, and of course must list it on the forms, but that should be all.

[NigeriaorBust 4,087]

All prior marriages will need to be disclosed , failure to do so will result in a finding of misrepresentation and a lifetime ban. Yes they will know about the prior application and she will probably have to answer about at her interview. My ex and I filed in 1986 and they knew about that one .

[sachinky 465]

The first marriage was legal and valid if it was registered under the Hindu Marriage Act, irrespective of whether there was any 'religious/traditional' ceremony or not. Yes, most couples do undertake the process similar to the manner in which you describe, but they are legally (and really!) married by the time they hold the religious ceremony. A civil marriage is just as legal and valid as any religious marriage.

Now, these are two different USC men? Or the same?

They will know about prior petition and she will need to be truthful and disclose all details. I don't *think* there will be any issue as long as that last marriage was properly dissolved. She will need the divorce papers from that. There will be questions and she will need to be adequately prepared in order to answer them.

Now, in fact, if the last petitioner HAD lodged a complaint with ICE or USCIS about her family's propensity for blackmail in an attempt to get a GC, she will be, on record, marked as a 'green-card shopper.' And yes, there will be trouble.

Edited August 9, 2010 by sachinky

[justashooter 430]

Now, in fact, if the last petitioner HAD lodged a complaint with ICE or USCIS about her family's propensity for blackmail in an attempt to get a GC, she will be, on record, marked as a 'green-card shopper.' And yes, there will be trouble.

agreed that records of this kind are kept and are easily accessible.

[msd 3]

I'm pretty sure there was a question on either the I-130 or the biographic form where it asks if the immigrant unterwent immigration processes to any country before. This includes the US. So the previous start of immigration will have to be disclosed anyway. Same goes with the marriage.

I can see a red flag there for her being married to a US citizen again and undergoing immigration again but with good proof of bonafide of relationship it should be possible with too big trouble.

Good luck to them.

[Ontarkie 14,450]

I can't find the post atm, from a few years ago where the guy came here asking for help due to fraud. The girls family was blackmailing him, to get her the k3. But if these two are the same ppl, she may be in for a big surprise. I will keep trying to find that post.

[sachinky 465]

OhMy! If that is, in fact, her -- and I'm inclined to think that there can't be too many cases like this -- then yes, she's toast!

[Indian Friend 1]

Thank you for your responses guys. I really appreciate it.

I reviewed the post from a guy few years ago, but timeline doesn't match, This supposedly happened in 2005. However, it is possible that I am being misled as well, and this happened more recently than I am told. I am just trying to find facts for them (out of obligation for a friend).

Regardless, this kind of things happen more frequently than people think. It is just that very few people stand up and fight. Generally, they would give other person greencard then do amicable divorce proceeding instead more turbulant path of divorce just to not give other person greencard. Anyways, I don't think that's her but I am now concerned that US Citizen may have reported her. I can see how other person must be feeling.

I was talking about two different US Citizens earlier. First one is long gone. Now that I think about it, it is more likely that he may have reported her as there were lot of people involved and she still didn't get him to budge on greencard thing. I think its not her because of timline (hers was in 2005).

Regarding Hindu Marriage: Strictly per Indian law, marriage registered through Hindu Marriage Act is not valid, unless valid marriage ceremony is performed. Usually, priest give you some sort of certificate after hindu ceremony that is REQUIRED when you go register marriage under this act. On registration form, it asks you to swear that you were married at ____ date via Hindu ceremony and now you are here to register your marriage. Of course, in India, you can pay off people and get things registered without any ceremony. But I think in eyes of US, it is valid as long as there is certificate saying it is valid unless proven otherwise. (THere is a CIVIL form of marriage that does not require hindu ceremony. Registration process is different and there is 30 day wait period and you have to appear twice at marriage registrar. Most people don't do this as Hindu marriage registration is immediate with one time appearance). This is besides the point though.

Back to Visa:

I should mention that between 2005 and now (after breakup), she has tried to get visitor visa and student visa, but has been denied multiple times without any reason. But I guess that is common as her age/gender is high risk of overstaying/getting married in US once there.

What kind of trouble could she be in? I mean most they can do is deny her visa right? I am not sure what kind of proof she will be able to provide for bona fied marriage as her husband isn't gonna stay in India with her for months. He has job in US and likely can only visit for 3-4 weeks in a year maximum. Operating under assumption that she has been reported, what kind of things she might expect?

[Kathryn41 3,205]

post removed at the poster's request

[Harsh_77 718]

Indian Friend - you need to get few things straight, civil marriage is not illegal, as per the Hindu Marriage Act also there is no need for a priest.

Ppl can go directly to the registrar and sign the marriage certificate and get married and it perfectly as good as you getting married with priest and as per Indian tradition.

In fact if you just get married as per the Hindu traditional marriage, you will have to approach registrar's office to get a legal marriage certificate.

Second your friend is reported and will stay reported in the system, it is not question of 2, 3, 5, or 7 yrs. CO will have all these information, when I go for my interview CO would have all the info about when I was issued visa wht type and what duration and which all were rejected.

I dont know what your friend is upto, first she gets married to USC(guy1) giving him all this hard time while she was not interested in being with him and she loved another guy (guy2) now she has given up on guy2 and is after USC(guy3).

to me it looks like her family wants her to go to US and thats all they are after a GC, sorry to say this but its very clear from how they forced guy1 for filing her GC.

I would not be helping anyone like this sorry to say this but hate ppl who try this all this games.

[rlogan 2,036]

Operating under assumption that she has been reported, what kind of things she might expect?

Being reported for attempted blackmail for a greencard?

Chances of visa = zero.

A missing critical element from this story is whether the present U.S. citizen knows she tried to blackmail someone for a green card earlier, and while in love with someone else. Given what you've said about her, and the fact she still works through "operatives" like you I doubt it. Not to mention that if she did, a reasonable person would not be interested in her.

So when you ask what kind of trouble she could be in, repeatedly perpetrating fraud is going to do more than get her denied from obtaining a visa - and she'll deserve it.