IS THIS CONSIDERED AN IMMIGRATION FRAUD?

[Mar75 0]

I don't know is this is the right board to ask this,so forgive me if im doing it wrong.

My boyfriend got married 9 years ago here in Peru with his Peruvian born/American citizen girlfriend. At the time she was just a permanent resident and after two years into the marriage she became an U.S Citizen.In that lap of time she traveled regulary to visit him. A year after she became a citizen,she finally claim him as Fiance instead husband,she told him that way is going to be faster for him to go to U.S. He thought that everything was ok since he doesn't know about any immigration law. 6 months after that his visa got approve and the met in Florida. Off course they got married again,before the 90 days but she never did nothing to adjust his status in the country,every time that he ask,she was giving him a new excuse,so he really loved her and never put to much attention to that,he was working off the books and everything seems to be great on their marriage.Until 3 years ago that they start with the problems resulting on him asking for the divorce finally last year,she told him that now he have to leave the U.S because he overstayed on his visa and that she was the only one that can help him in that matter,he off course refuse to leave,his mother was depending on the money that he was making,and he was living in the U.S for more that 5 years.So he decide to leave the house anyways.In a nasty action she call the cops and told them that my boyfriend harm her pushing her against the floor and that she was pregnant.The went after him to his job,he got arrest and stay 6 months in jail because an immigration hold,after the criminal case solved he went in front an Immigration Judge that grant him with a voluntary departure,i came with him.The problem now is that he want's the divorce and his wife doesn't want to,and here in Peru you have to wait at least 2 years being physically separate in order to don't need the other part signature,but he needs to do that ASAP! Somebody told me that what she did was not legal and that she can even loose her U.S citizenship and in order to pressure her and make her to sign he can scare her with what he knows,but with not sure about that,he only wants the divorce,but if we can play a little bit dirty we do it. Is that true? Did she commit fraud? In that case,can she have problems with the U.S and eventually loose her U.S Citizenship? What can happen to my boyfriend if he goes forward and tell them? Thanks for the help.

[together4evr 360]

He is responsible also.

He will get a misrepresenation charge against him and this might make him ineligible for any other visas to the USA

He lied on the papers he signed as her fiance

He lied in the interview to get a finace visa

He wmight be banned from USA forever for his lies

[Anh map 2,098]

USCIS will not be very interested in pursuing this.

Is your boyfriend able to hire a US lawyer to take his wife to court over this? Don't forget that he also lied to US immigration when he got his fiance visa.

[QueenE 174]

Also she isnt going to lose her citizenship. I dont think that needs to be your concern, but your boyfriend needs to get a lawyer... Sorry to say this but he went too long into this matter being ignorant of the process so he shouldnt be getting advise from any commoner and get hard real facts on filing a divorce.

[Mar75 0]

Thanks everyone for the answers,that's what i thought too,but off course he's not going to do anything against her,we're now living here is where we going to stay,he just need the divorce in order to marry me and that way i can be a peruvian citizen,now is backwards. We just want to scare her that way she sign,after all he is banned already from the U.S. Thanks again

[Ontarkie 14,467]

Moved to Effects of Major Family Changes on Immigration Benefits as this is not a K1 topic.

See what the Requirements are for getting a divorce in Peru, it might be a lot easier and since the second marriage is not valid make sure to speak to an attorney as what is needed for that.

[Deputy Purple 1,294]

Just so you realize, he might never be able to return to the US and here's why...

He committed Material Misrepresentation for the K-1 Visa. If you apply to bring him here you'll open his file and they may uncover this fact.

[JimVaPhuong 4,863]

Also she isnt going to lose her citizenship. I dont think that needs to be your concern, but your boyfriend needs to get a lawyer... Sorry to say this but he went too long into this matter being ignorant of the process so he shouldnt be getting advise from any commoner and get hard real facts on filing a divorce.

She could be convicted of immigration fraud, but you're right - she wouldn't lose her citizenship because the fraud was perpetrated after she became a citizen.

[Julie y Pat 67]

She could be convicted of immigration fraud, but you're right - she wouldn't lose her citizenship because the fraud was perpetrated after she became a citizen.

but didn't she misrepresent herself on her naturalization forms by saying she was unmarried? Might not be material, but..

[justashooter 430]

but didn't she misrepresent herself on her naturalization forms by saying she was unmarried? Might not be material, but..

BINGO! we have a WINNER!

this broad naturalised 2 years after marrying this guy, and would surely have claimed to be single at the time.

her material misrepresentation is grounds for removal of her citizenship, and her green card.

back to peru for her, for life.

if USCIS gets wind of this she is up $hit$ creek, without a paddle.

threat of exposure should be enough to get her to sign his divorce papers.

[JimVaPhuong 4,863]

BINGO! we have a WINNER!

this broad naturalised 2 years after marrying this guy, and would surely have claimed to be single at the time.

her material misrepresentation is grounds for removal of her citizenship, and her green card.

back to peru for her, for life.

if USCIS gets wind of this she is up $hit$ creek, without a paddle.

threat of exposure should be enough to get her to sign his divorce papers.

Unless she acquired her permanent resident status on the basis of being the spouse of a US citizen, and then naturalized between three and five years after obtaining her permanent resident status, then her marital status at the time she naturalized is irrelevant. It would not be a material fact because the truth would not have changed her eligibility, and could not have affected the outcome. If it's not a material fact then there is no material misrepresentation. She could probably be charged with perjury for lying on the naturalization forms, but it would be pretty incredible to charge someone with perjury for lying about something which was immaterial.

[justashooter 430]

Unless she acquired her permanent resident status on the basis of being the spouse of a US citizen, and then naturalized between three and five years after obtaining her permanent resident status, then her marital status at the time she naturalized is irrelevant. It would not be a material fact because the truth would not have changed her eligibility, and could not have affected the outcome. If it's not a material fact then there is no material misrepresentation. She could probably be charged with perjury for lying on the naturalization forms, but it would be pretty incredible to charge someone with perjury for lying about something which was immaterial.

beg to differ that falsification of marital status and other significant datum is material in such case. it is relevant in the extent of incorporation, etc. there is also a morality clause...

http://bulk.resource.org/courts.gov/c/US/485/485.US.759.86-228.html

"This test is consistent with the lower federal courts' uniform understanding of the "materiality" concept as embodied in other federal statutes criminalizing false statements to public official"

[K & J 17]

This got got married twice to the same lady: once in Peru and once in the US. He now wants a divorce. Since he is in Peru now, he probably wants a divorce from the PERUVIAN marriage. He may get this (it takes a while but he will get it). But, he will still be married in the US and the US lady's next of kin until there is a divorce there.

We don't know what US lady put on her naturalization application. She could have put married or single. And she had no legal obligation of adjusting your boyfriend's status.

Your boyfriend has a 1--year ban due to the overstay. And the the K visa fraud is discovered, he will have a lifetime ban.