Interesting Case

[Kitten24 5]

Hi VJers, I have a really looong story that I need some advice on. I have made up my own conclusions but I need some input. I'm sorry if this is the wrong forum for it...

So here it goes. A year or so ago Mrs. X went on a trip to the US. The day she arrived she met Mr. C (for crazy). They exchanged a few words and he was so smitten that he asked for her hotel number and address, which she foolishly gave him. That same night he showed up at her hotel with a big teddy bear claiming that he was in love. They started a romantic relationship that same weekend. A couple of weeks after that, he was visiting her in her home country. They maintained contact through email, skype, cellphone, etc. They also took trips back and forth and stayed at each other's homes when they did. Some months after that started, he proposed. She said yes. Then they broke up. Then they got back together again and the trips resumed. A couple of weeks ago she flew to the US to break off the relationship. When she got to his house she found a banner asking her to marry him, a ring and other things to convince her. She said yes. The next day they got the marriage licence and two days after that they were married at the courthouse. They are currently living together.

They went to a so called "immigration attorney" after the marriage. They are planning on going to her home country for Thanksgiving and returning to the US afterwards. I think they are also planning on taking a trip to her country for Xmas and then going back to the US. She says that her now husband and the attorney told her that she could do several things:

1. She can work before they file and even afterwards because she married a US citizen

2. When she comes back after Thanksgiving she should say that she is visiting friends and family but not her husband. Same thing when she comes back from X-mas.

3. They'll file for her (I'm not sure if Adjustment of Status or CR-1) in December (probably before the trip).

4. After filing she can travel in and out of the US but maintain the US as her residence.

5. After filing in December, she'll get her green card in February at the most (this changed from the story he told her about only taking 15 days)

My conclusions are: the guy is a nut case. He has no social skills and has the personality of a toad. He is lying to her regarding her being able to work and travel and the timeframes! Even if she did an Adjustment of Status and it cleared in 2 months, she can't travel!

I'm not sure how to tell Mrs. X all of this because she claims that the attorney told her to do all of this (including lying to the Immigration officer). There's no way all of that is true, right???

[Harpa Timsah 13,258]

Yikes!!

1. Short answer. No! Being married to a US Citizen gives you no legal way to work. Long answer... okay, if she found illegal employment they would not hold it against her for her petition to have residency based on marriage. But working would be ILLEGAL.

2. You should never lie at the POE. If they catch her in a lie, then she can be banned from the US for life, no waivers.

3, 4, 5. I assume they are planning to file AOS for her. This is taking 3-4 months right now... that is probably where they get their February estimate. HOWEVER, She CANNOT TRAVEL internationally once she files her AOS. If she does so, she will ABANDON her AOS application and waste her $1365. She will also not be able to come back until she files for her CR-1 visa and has that in hand.

You cannot file for AOS if you had intent to immigrate at the POE. If she files now, she would be okay. She did not plan to stay here when she entered. However, if she leaves the country and comes back with intent to file for AOS, that is fraud.

[Samoray 165]

Hello

Some places will hire someone without a green card or social security but that's rare, i've heard stories about food processing factories that would hire illegal immigrants too.

if she married him in the united states, she should've done the adjustment of statues while she was still in the united states.

[Kitten24 5]

Thanks for the replies. The guy is crazy. How can you claim to LOVE someone after meeting them for a couple of minutes. He's also extremely antisocial. He never talks to anyone but Mrs. X and when he does it's in monosyllables.."yes" "no" uh huh" etc. He's lying to her so he can keep her where she is. He tells her that after filing she'll be able to travel so she doesn't miss her home country. Also, I don't think the lawyer is legit. He knows A LOT about immigration so he doesn't need a lawyer. He's done this process before so I'm thinking that he took her to someone posing as a lawyer who just fed her all these lies so she wouldn't get to ansty.

[Brother Hesekiel 2,236]

You may not have understood the story in detail, but the lawyer about nailed it. Keep in mind, the attorney works for the client, doesn't have to apply to VJ's rules where you can't suggest a way that may not be 100% legit, but still feasable. How else could an attorney otherwise work for a mass murderer, such as O.J. Simpson. They have the rule book, and their job is it to find a way to get away with it without being caught.

1) She can work before filing for AOS, as working without authorization is not being made an issue at AOS. Lawyer is correct.

2) She is entering with a B2 again after TG and Christmas. If she tells the CBP officer she's visiting friends, that's not a problem. Lawyer is correct again.

3) I assume they file for AOS.

4) I assume you're missing the detail of AP. If so, the lawyer is correct again.

5) That might be a bit too optimistic. But even lawyers are running a "business" and thus are trying to sign up customers.

I don't know if I would go to that particular attorney, but I believe he's doing what many of his peers are doing. It's hard to find a really good one, but then again, an attorney isn't really needed. I would suggest to send your friend to another attorney for a second opinion or, better yet, just to an immigration service that charges a flat fee of about $1K for the whole shabang.

[Kitten24 5]

You may not have understood the story in detail, but the lawyer about nailed it. Keep in mind, the attorney works for the client, doesn't have to apply to VJ's rules where you can't suggest a way that may not be 100% legit, but still feasable. How else could an attorney otherwise work for a mass murderer, such as O.J. Simpson. They have the rule book, and their job is it to find a way to get away with it without being caught.

1) She can work before filing for AOS, as working without authorization is not being made an issue at AOS. Lawyer is correct.

2) She is entering with a B2 again after TG and Christmas. If she tells the CBP officer she's visiting friends, that's not a problem. Lawyer is correct again.

3) I assume they file for AOS.

4) I assume you're missing the detail of AP. If so, the lawyer is correct again.

5) That might be a bit too optimistic. But even lawyers are running a "business" and thus are trying to sign up customers.

I don't know if I would go to that particular attorney, but I believe he's doing what many of his peers are doing. It's hard to find a really good one, but then again, an attorney isn't really needed. I would suggest to send your friend to another attorney for a second opinion or, better yet, just to an immigration service that charges a flat fee of about $1K for the whole shabang.

If you file for an AOS, how can you travel abck to your home country after filing? And if they file for a CR-1, she can travel back and forth, but there is no way it'll only take 2 months

[Harpa Timsah 13,258]

If you file for an AOS, how can you travel abck to your home country after filing? And if they file for a CR-1, she can travel back and forth, but there is no way it'll only take 2 months

You can travel after you get your Advance Parole... true. However, that takes 3 months. You CANNOT travel before you get that paper, or you will abandon your application, as I said. What the lawyer is suggesting is highly risky and illegal. Bob is right, however, if you follow the lawyer's plans you might not get caught. But you might. But let's say she goes to POE, and the officer asks her flat out is she is married to a US Citizen. What will she say? If she panics and says no, then she can banned for misrepresentation. If she wants to go this route, she should change her travel plans and file AOS now.

[Henykat 16]

Thanks for the replies. The guy is crazy. How can you claim to LOVE someone after meeting them for a couple of minutes. He's also extremely antisocial. He never talks to anyone but Mrs. X and when he does it's in monosyllables.."yes" "no" uh huh" etc. He's lying to her so he can keep her where she is. He tells her that after filing she'll be able to travel so she doesn't miss her home country. Also, I don't think the lawyer is legit. He knows A LOT about immigration so he doesn't need a lawyer. He's done this process before so I'm thinking that he took her to someone posing as a lawyer who just fed her all these lies so she wouldn't get to ansty.

Well, she went to break up with him and then said yes to a marriage proposal. Not sure she is any more sane than he is. Looks like a disaster waiting to happen.

Edited November 2, 2010 by Henykat

[belinda63 3,038]

This is just another train wreck in progress. I would strongly advise her to obtain a free consult with an immigration attorney and not bring the husband along. She needs to get the correct answers as this will affect her life, ie.

possible jail time if she works illegally or a possible life-time ban from the US for misrepresentation while he has nothing to lose if the plan goes wrong.

[Kitten24 5]

Well, she went to break up with him and then said yes to a marriage proposal. Not sure she is any more sane than he is. Looks like a disaster waiting to happen.

Oh I know this. She started a relationship with this guy the day she met him. They're both crazy but she's not mean or crazy like he is...and I care about her

[Boiler 45,519]

Tell her to come here and read all about it.

If she is not interested enough to do that, well at least you tried.

[Wayne and Claudia 40]

You may not have understood the story in detail, but the lawyer about nailed it. Keep in mind, the attorney works for the client, doesn't have to apply to VJ's rules where you can't suggest a way that may not be 100% legit, but still feasable. How else could an attorney otherwise work for a mass murderer, such as O.J. Simpson. They have the rule book, and their job is it to find a way to get away with it without being caught.

1) She can work before filing for AOS, as working without authorization is not being made an issue at AOS. Lawyer is correct.

2) She is entering with a B2 again after TG and Christmas. If she tells the CBP officer she's visiting friends, that's not a problem. Lawyer is correct again.

3) I assume they file for AOS.

4) I assume you're missing the detail of AP. If so, the lawyer is correct again.

5) That might be a bit too optimistic. But even lawyers are running a "business" and thus are trying to sign up customers.

I don't know if I would go to that particular attorney, but I believe he's doing what many of his peers are doing. It's hard to find a really good one, but then again, an attorney isn't really needed. I would suggest to send your friend to another attorney for a second opinion or, better yet, just to an immigration service that charges a flat fee of about $1K for the whole shabang.

On VJ or not, a person should not lie to CBP, period. If she is caught and the marriage does not work (as it seems it is already rocky) then she risks being banned for a very long time from entering the US. She apparently has a visa for work or whatever so to risk that is ascinine. Oh, lawyers get arrested and go to jail everyday for breaking the law...being a lawyer doesn't make one above the law.

[kennym 275]

The only thing (and I believe it's a big thing) is if they are married, and now she leaves and re-enters then applies for AOS, I wonder if they would catch that at the AOS interview?

Wouldn't that be considered "mis-representation"? What would the concequences be for her future immigration and her career (especially if her job requires she travels to the US)?

Seems like a real possibility for disaster not just for the relationship, but her job could be at stake as well.. And there is a possibity of this being discovered when they return and attempt to lie about it at POE.. I would think especially if they're traveling together, but if they're smart enough to not travel together, then certainly there is a record of the wedding and dates of entry into the US...

Just seems really risky not to mention stupid...

Kenny