Marriage to save from deportation?

[KiwiBird 132]

So first, this isn't for me. My husband and I went through a Fiance Visa and did everything "by the book"! I'm asking on behalf of a friend.

He is dating this girl from Brazil. She came her with her family when she was about 4 years old, or something similar and now she is somewhere between 18-25 years old. She came here on a visitor's visa. And overstayed. Overstayed by 14-21 years. She is facing deportation in June. So my friend is marrying her with the hopes it will get her a 'free pass' to stay.

Now I've never gone about it this way, but from what I understand, even if they got married, she would still be deported. Then because she was here illegally, she would be slapped with the 10 year ban and he would have to file a Spouse Visa while she was back in Brazil. And they would have to fight the 10 year ban and prove it's not a marriage strictly for the Green Card. (Which woud prove to be difficult because that's exactly what it is.)

Do they have any option or any chance of this working out in their favor? I feel bad, but I don't see this working out for them. Does anyone have any experience with this type of situation and if so, what was the outcome?

[HawaiianCecil 31]

So first, this isn't for me. My husband and I went through a Fiance Visa and did everything "by the book"! I'm asking on behalf of a friend.

He is dating this girl from Brazil. She came her with her family when she was about 4 years old, or something similar and now she is somewhere between 18-25 years old. She came here on a visitor's visa. And overstayed. Overstayed by 14-21 years. She is facing deportation in June. So my friend is marrying her with the hopes it will get her a 'free pass' to stay.

Now I've never gone about it this way, but from what I understand, even if they got married, she would still be deported. Then because she was here illegally, she would be slapped with the 10 year ban and he would have to file a Spouse Visa while she was back in Brazil. And they would have to fight the 10 year ban and prove it's not a marriage strictly for the Green Card. (Which woud prove to be difficult because that's exactly what it is.)

Do they have any option or any chance of this working out in their favor? I feel bad, but I don't see this working out for them. Does anyone have any experience with this type of situation and if so, what was the outcome?

marriage strictly for the Green Card. (Which woud prove to be difficult because that's exactly what it is.) So, you're asking advice on how to best defraud the USCIS? Answer: Don't even try!

[KiwiBird 132]

No. I am asking for people's experiences. Personally, I believe she's going to be deported and they will discover that they cannot defraud the USCIS. She will be stuck with the 10 year ban and he will not go through the trouble to get her back in the US. I have told him that getting married will not work and he claims it will. So I am asking for experiences to see if I'm right or if he is.

(Please check my post again for me asking for advice or where I am encouraging them to do this.. because you won't find that in there.)

Edited April 14, 2013 by KiwiBird

[apple21 953]

So first, this isn't for me. My husband and I went through a Fiance Visa and did everything "by the book"! I'm asking on behalf of a friend.

He is dating this girl from Brazil. She came her with her family when she was about 4 years old, or something similar and now she is somewhere between 18-25 years old. She came here on a visitor's visa. And overstayed. Overstayed by 14-21 years. She is facing deportation in June. So my friend is marrying her with the hopes it will get her a 'free pass' to stay.

Now I've never gone about it this way, but from what I understand, even if they got married, she would still be deported. Then because she was here illegally, she would be slapped with the 10 year ban and he would have to file a Spouse Visa while she was back in Brazil. And they would have to fight the 10 year ban and prove it's not a marriage strictly for the Green Card. (Which woud prove to be difficult because that's exactly what it is.)

Do they have any option or any chance of this working out in their favor? I feel bad, but I don't see this working out for them. Does anyone have any experience with this type of situation and if so, what was the outcome?

Tell you friend not to risk it, it's not worth it. They can both be in trouble. Let the girl be deported. If they're meant to be, the distance won't even matter. He can visit her in Brazil.

[Lucas&Lucas 4]

So first, this isn't for me. My husband and I went through a Fiance Visa and did everything "by the book"! I'm asking on behalf of a friend.

He is dating this girl from Brazil. She came her with her family when she was about 4 years old, or something similar and now she is somewhere between 18-25 years old. She came here on a visitor's visa. And overstayed. Overstayed by 14-21 years. She is facing deportation in June. So my friend is marrying her with the hopes it will get her a 'free pass' to stay.

Now I've never gone about it this way, but from what I understand, even if they got married, she would still be deported. Then because she was here illegally, she would be slapped with the 10 year ban and he would have to file a Spouse Visa while she was back in Brazil. And they would have to fight the 10 year ban and prove it's not a marriage strictly for the Green Card. (Which woud prove to be difficult because that's exactly what it is.)

Do they have any option or any chance of this working out in their favor? I feel bad, but I don't see this working out for them. Does anyone have any experience with this type of situation and if so, what was the outcome?

Hi, your friend situation is very common. It seems like you understand how important this is and what the consequences are !!!

It will not succeed.... USCIS will prove that it is a sham marriage and she will face years in jail and be deported anyway and get a lifetime ban and it means till 10 years in jail and till $250.000 in fees for both US citizen and alien...

For those reasons your friend should really get the help of a good immigration attorney.

Maybe your friend be able to try the waiver that Obama created last year for illegal immigrants... If she went there while child... I don't know all that happened to her and why she didn't make anything to change it before.

But your friend should not try to make it... IT IS NOT THE WAY TO TRY TO FIX THIS SITUATION !! Things will get very very worst !!

[KiwiBird 132]

Thanks. That's exactly what I thought would happen. I talked to him about it when the news of the "marriage" broke out. I told him it wouldn't work and not to try it. He brushed it off despite the fact I'm VERY familiar with USCIS after doing the Fiance Visa for my husband. I told him of this site and that there's a wealth of information and experience here. He brushed that off too with "I know what I'm doing." He's going through with the marriage anyway. It's in the next week.

At this point, I think he is going through with it just to try to "prove a point" to everyone that said "don't do this because it won't work." I know she has an Immigration Lawyer and supposedly he said "Get married. Then you can stay." (Way off there but I think he's only interested in their money.) So apparently because this lawyer said that, everyone else is wrong.

I don't want to see him get in trouble for it, but there's nothing else I can do. I can't make him change his mind so he will have to learn the hard way. I feel bad but I did warn him at the start. He wasn't willing to listen to anyone at that point though.

And as someone who went the legal way which was expensive, difficult with the waiting, and stressful... it's a slap in the face for him to think that he can just get married and bypass the law. If we went through it legally, he should, too.

[Penguin_ie 5,997]

**** Topic moved from K3 visa to AOS from Tourist visa forum and closed, as OP got the advice needed and future postings could cross TOS to advice on illegal activity ***