Real Love, but Real Problems?

[Harsh_77 718]

I agree, ex's address would be a problem.

So, first divorce, then file I-129 or I-130, then some 6-9 months later comes interview date in Romania (for K-1 or CR-1 visa). Ideally, she should be out of ex's house from the date of divorce, at least.

They must find someone to co-sponsor, or his visa will be rejected. Or, if they pursue CR-1 after marriage he could use his assets in Romania to meet the poverty line requirement, that is if he has any assets.

His asset in Romania could not be used.

Co-Sponor has to be a perm resident or USC, after whom the govt can go to recover the expense incase he become a public charge.

US govt cannot go after asset in Romania or a foregin national to recover this dept.

[HeatDeath 430]

If a judge signs a divorce decree, the marriage is dissolved. It would be weird to me if the state can [or would bother to] revoke the divorce later and declare the couple still married if they found out the couple was still co-habitating during their "separation" period. Either way, USCIS will take the divorce decree at face value and not investigate that part of it. So I don't think that's a big problem. [EDIT: Or maybe it is. The Romanian consulate may very well be stickier about such things than the Australian or Canadian consulates might be, particularly given the other circumstances.]

There was a thread here several months ago about issues surrounding AOSing from a crewman's visa. Basically, you can't. He will need to enter the US on either a K-1 or a CR-1 visa, if he wants to stay. Even if there was no preconceived intent to marry, trying to AOS from a tourist visa would be very dicey because of the other red flags associated with the case. He will need to return to Romania and go through the proper visa processing channels if there's any way this is going to work.

Which means a consulate interview. And they will absolutely require a cosponsor. And yeah, convincing the consular officer that a young Romanian cruise ship bartender has a legitimate relationship with a disabled, broke American woman 12 years his senior who finalized her divorce literally days before the petition was filed... it's gonna be an uphill battle, to say the least. Possible, to be sure, but certainly no walk in the park. They'll want to front load the petition, and he'll have to be very, very convincing at the interview. [both interviews. An AOS interview is virtually guaranteed as well.]

Edited July 28, 2011 by HeatDeath

[HeatDeath 430]

Can anyone be a co-sponsor?

Yes. Just has to be a US citizen over 18 with sufficient income (125% of the poverty line for their current household size plus the sponsored immigrant). It does look better to USCIS and the consulate if the sponsor is in the immediate family of the petitioner, but this is not legally required.

[Casprd 167]

This whole situation screams immigration fraud to me.

But having said that the facts are she needs to deal with the divorce first

Once that is done they can get married in the US at one of his port stops or between cruises. The CR-1 doesn't care where you are married, but they can't adjust status from a crew visa.

She gets a co-sponser as she will never met the financial requirements. The soon to be ex-husband is not an option for this as that will be a huge red flag.

He continues to work until it is time for his medical/interview then goes back to Bucharest for this (not sure if there are any options)

Once he gets here on a CR-1 he can work right away or he keeps working on the cruise ship and just changes from a crew visa to a US green card holder.

The process they need to follow isn't rocket science. But they absolutely must be completely honest through the whole thing, including the current divorce.

[rika60607 215]

Yes it could.

If he sells assets and transfers the money to her account in the US.

His asset in Romania could not be used.

Co-Sponor has to be a perm resident or USC, after whom the govt can go to recover the expense incase he become a public charge.

US govt cannot go after asset in Romania or a foregin national to recover this dept.

[HeatDeath 430]

This whole situation screams immigration fraud to me.

But having said that the facts are she needs to deal with the divorce first

Once that is done they can get married in the US at one of his port stops or between cruises. The CR-1 doesn't care where you are married, but they can't adjust status from a crew visa.

She gets a co-sponser as she will never met the financial requirements. The soon to be ex-husband is not an option for this as that will be a huge red flag.

He continues to work until it is time for his medical/interview then goes back to Bucharest for this (not sure if there are any options)

Once he gets here on a CR-1 he can work right away or he keeps working on the cruise ship and just changes from a crew visa to a US green card holder.

The process they need to follow isn't rocket science. But they absolutely must be completely honest through the whole thing, including the current divorce.

If he has legal residency in any other country, he can apply to have his visa application transferred to the consulate there. For example, if he was a legal resident of Canada, he could have his case moved to one of the Canadian consulates, and do his interview there. Failing that, though, he will definitely need to interview in Bucharest. And it goes without saying, there is no option whatsoever to interview in the US.

Yes it could.

If he sells assets and transfers the money to her account in the US.

And as if the case didn't look like immigration fraud before, that would clinch it beyond a reasonable shadow of a doubt.

Edited July 28, 2011 by HeatDeath

[rika60607 215]

Money changes hands between husband and wife all the time. This could not be used as evidence of fraud. As alternative, he could rent his property (if he has one) and use this income as rent money would continue to come even after he moves to US.

And as if the case didn't look like immigration fraud before, that would clinch it beyond a reasonable shadow of a doubt.

Edited July 28, 2011 by rika60607

[HeatDeath 430]

If the consulate already strongly suspects the young Romanian man of being in a relationship with this woman solely to circumvent US immigration law and obtain a GC (as is likely to be their default assumption), they are unlikely to be impressed if they find out that he has paid her a lot of money. They are likely to conclude, given the totality of the circumstances, that the impoverished American woman is being well paid (in cash and, ahem, other considerations [Don't look at me! It's the consulate that will be thinking it!]) for her role in obtaining a GC for this man.

It doesn't matter if this occurs before or after they are married. Money transfers from the intending immigrant to the USC petitioner (at least before the visa is awarded and the couple are cohabitating in the US), are always looked upon with at least mild suspicion, and since there are so many other red flags already at work here, I assure you the suspicion won't be mild.

I admit that it is purely circumstantial evidence, by itself, but USCIS are not held to the criminal court standards of "beyond a shadow of a doubt" when judging this sort of thing, and the totality of the already frankly suspicious circumstances makes money transfers, like you describe, a bad idea.

Very bad idea.

Edited July 28, 2011 by HeatDeath

[Harsh_77 718]

Yes it could.

If he sells assets and transfers the money to her account in the US.

yes Rika the solution you presented could be done, but he would have to dissolve all his asset in Romania and transfer it under her name.

Also they look at atleast last 3 years and this transfer of funds would be obvious.

All this adds more and more flags.

[EAbbas 213]

i know his country isnt high risk for fraud but i dont think its low risk either...if thats the case they will absolutely scrutinize every crossed t and dotted i for evidence it is genuine.

[Susie4 1]

Well, she goes to court for her divorce tomorrow. If the judge will approve it. (I've seen what she and her husband, both going without lawyers, have typed up and I am not certain a judge is going to approve it.) On those documents, she does indeed have listed a different separation date than is true. She moved out of her husband's home as of July 23, 2011 (update from my initial post) and she is staying at the home of a friend. WITH the Romanian citizen. He is off of his ship for appx 2 months and was "hoping he didn't have to go back". She keeps telling me that they are trying to find him a job, and I keep telling her he can't accept a job in the United States at this time, but she doesn't seem to hear what I am saying. She is thinking like a teenager in "love".

I think they are beginning to realize he WILL have to go back on the ship in a few months or they will run out of money.

Don't believe he has any assets or property in Romania. Only his income from his ship work -- some of which he has saved and much of which he has sent home to his family. I don't think transferring his assets to her will work for reasons covered by others (I, too, think it makes it look like he "paid" her) but also because if she were to suddenly have assets it could jeopardize her daughter's medical coverage and possibly her eligibility for food stamps -- something that in her case, she really does need because she genuinely can no longer hold a job. (She has between 4 and 6 therapeutic appointments per week to maintain her current level of functionality after breaking her back on the job.)

I have to admit that I have my doubts as to this not being about his getting his GC. I know that she absolutely believes this is love and he seems to have genuine affection for her. I just think (and I am the practical sort) that there are too many obstacles for this love.

I appreciate all of the feedback. I was trying to talk her into rescheduling her hearing in court tomorrow on the thought that once immigration starts to look at her background information that it might be obvious to them that the divorce was obtainted through fraud and that the matter could come back to haunt her in her quest to have her new love living on U.S. soil. (Otherwise, honestly, the courts here are too busy to bother with investigating the matter of a couple who backed up their separation date.) So I threw that divorce matter in the first message because I'm smart enough to know that I can't see all of the potential ramifications down the line of actions she is taking now. I think she'd be better served by delaying the divorce but ALL she can think about is how fast can she get her next marriage certificate (this will be husband #4 for her, too, for what that is worth).

I again thank everyone who has given feedback. I have sure learned a LOT of things I didn't know a few days ago and I'll use this advice to try to help her avoid missteps between now and when she can hire an immigration lawyer, because I don't think she can get through all of this without one!

[alibaba16 2]

A job for her is not possible. She is disabled. In another year she MIGHT be getting social security for her disability but I don't think that will be 125% of poverty level.

If you are able enough to go on a cruise, you're probably able enough to find some sort of job. Nursing admin? - not on the feet all day...not sure of the situation, but going on 7-8 cruises makes it seem like you can find some sort of owrk

[Julie y Pat 67]

How is going on a cruise like going to work? I don't know what you do for a living, but I thought cruises were for eating, drinking, relaxing, getting laid and all sorts of fun things like that. The only people who did things on a cruise that seem like work, work on the boat.

[rika60607 215]

If she has a broken back, she probably can't spend much time standing, walking or sitting.

She probably needs to spend a lot of time lying down, and for that a cruise is perfect - get to see new places, but can travel to them in your bed.

If you are able enough to go on a cruise, you're probably able enough to find some sort of job. Nursing admin? - not on the feet all day...not sure of the situation, but going on 7-8 cruises makes it seem like you can find some sort of owrk

[rika60607 215]

I would not get hung up on separation date, really... it is not the same date as when she moved out from her husband's house. If she was honest with her husband, separation date was probably in October 2010 when she met the Romanian. Could be earlier, but only your friend and her husband know for sure.

USCIS is not going to investigate whether separation date was true or not.

She can get divorced and she can marry the Romanian immediately, if her state laws allow it (many have a cooling off period required after divorce). She also can file I-130 for him, which will take 5-6 months to get approved. Meanwhile, he will have to return to his ship/work/country (because he can't adjust from crew visa and can't work in the US for now).

Her problems will be (1) finding a co-sponsor, and (2) him convincing US embassy in Romania that their relationship and marriage are real.

Love conquers all, so they may be able to make this relationship work... but if he is a fraudster, he'll give up... theirs is not an easy case.

On the bright side, if it's true that she can live on a cruise ship for $7/day as his family member - it's cheaper than any rent and they could be together. Not sure where it leaves her daughter though.

On those documents, she does indeed have listed a different separation date than is true. She moved out of her husband's home as of July 23, 2011 (update from my initial post) and she is staying at the home of a friend. WITH the Romanian citizen.