Am I committing immigration fraud?

[JRF 117]

Keep safe...try to find a way to protect yourself physically and legally during the conversation.

She cannot remain on your insurance after you are divorced - legally as long as you are married (even separated) she can remain on your policy but her coverage ends as soon as the final divorce decree is filed.

[ricnally 259]

Thank you all, particularly VanessaTony, for your very helpful responses. I'm glad to know with more certainty that my spouse will be just fine taking care of herself, and that she can't guilt me into being her "only option" for staying in the country. Furthermore, I hadn't thought of the repercussions of another year of "marriage" (401k, insurance, social security, etc)

As tough as it may be, I guess it's true that life never goes as planned, but I'm glad to know there are helpful people along the way! She and I will be having a discussion that she won't like, but it seems will be the best for both of us in the long-term. Again, thank you all for your help.

When you have that discussion, just make sure the knives are out of sight!

[mariepear 12]

1. You are asking whether pretending to be happily married in order for her to gain an immigration benefit would be fraud. When I put it that way, I think it's pretty obvious. Yes.

2. There is always a remote possibility. Basically you need to decide if you're okay with knowingly committing fraud, and living with that choice and anything that results from that choice.

3. Which is ridiculous. If she has sufficient proof she entered the marriage in good faith she'll be fine with the divorce waiver. It's quite common.

4. Right. Staying married simply for insurance is a type of insurance fraud isn't it? I know when I signed up for my husbands insurance we had to show that we were married in the last year OR evidence that we were still actually living together. Makes me think it's important.

5. Yes she can

6. Yes she should.

My concern was mentioned by someone else above, the longer you are married, the more of a claim to your assets, 401K, life insurance etc. She would be your spouse and would have first claim on anything. Medical choices (say you're in an accident and they need to decide on treatment), what happens with you property (even if your will says something different she could try and fight it), she would be able to claim social security benefits when you die (this is even sometimes after divorce and is based on how long you've been married).

Truly, you've filed, follow through with it. Remind her SHE needs to file ROC by the deadline. You are not involved. If she fails to file ROC on time her LPR status will be revoked. If she hurries up with the divorce she won't need to wait for an RFE for the decree and can send it with the packet instead. If the divorce isn't final in time for her deadline then she needs to file without the decree and then she will be RFE'd for it and then have 86 days to reply. If she doesn't have it in time then her ROC will be denied and she will go before and immigration judge who will make USCIS wait for the decree. Basically she'll be on hold until it's all done. Big pain.

If you are no longer happily married, you have filed for divorce. Do not allow her to emotionally blackmail you with the love you still feel for her. Do what is best for you. It does not negatively affect her status, just means she needs to actually do things for herself.

Exactly... also the longer she is married to you the longer she will be entitled for alimony if she seeks it... And if you own a property and you make any improvements on it she is entitled to at least half of the increased value... Get rid of her ASAP... My soon to be husband's ex-wife did the same thing to him...She said they wouldn't even go after each other and then she was trying to get every cent from him... Now he is divorced, he has to pay her 20k out of his 401K, he had to sell his house and pay 100% of their merital debt and she is even entitled to about 5000 dollars out of his retirement when he retires... They were only married for 5 years, plus 3 years getting divorced. She didn't want to divorce him because of spousal support and health insurance...

Get divorced before she finds out all the places she can get money from you... Women turn into bitches when something doesn't go their way...

[didopage 337]

I'm ready to be done with this individual who has proven that she never loved me as I loved her.

Protect yourself, get a divorce.

[verysadguy 170]

I would highly suggest you get therapy. You love someone who is dangerous, conflicted, and possibly has other psychologically detrimental characteristics.

You MUST move on.

Get divorced and let it go.

Take it from a pro.

[islandgal 74]

Get her to sign the divorce papers and move on. Even though you'll be divorced, that doesn't mean that you can't help her to move to California or wherever. Or just be a friend to her. Also don't forget that you're still on the hook for the affidavit of support for the next few years, even if you're divorced.

Edited August 11, 2013 by islandgal

[St&Sv 33]

Very good point. He could end up being sued for debts that she incurs, especially as he's the employed spouse and he would even end up with a lien on his house or his wages or bank accounts garnished to repay her debts. The risk is there for any married couple of course. It's a scary one!

Oh, and I believe in some states if you have a kid in wedlock the kid is assumed to be yours so you could end up trying to get hit for child support. Big huge mess :S

She could put him down as the father from what I understand because she is married to him still. The child support thing is very true as a co-worker of mine just went through this. Though his now ex-wife and him were separated they were not legally divorced. During that time she had 2 kids from another man. Fast forward years later and officially divorced, her and the guy she was with went to jail and left the kids with grandma. Grandma was given the advice to go after my co-worker for child support and won. She was able to get 3 or 4 months of child support while he tried to save up and fight it, and while supporting his now wife and 2 kids. It wasn't easy, but he won in the end with a lot of hardship. Though he was awarded that money back, none can say when she will actually pay him. All of this because he did not divorce her in a timely manner.

[musicmaniac42 5]

The papers have been signed, and now it's finally time to hopefully finish this and begin anew!

Thank you all so much for your help. Perhaps I would have made a huge error had it not been for the advice.

[VanessaTony 3,567]

The papers have been signed, and now it's finally time to hopefully finish this and begin anew!

Thank you all so much for your help. Perhaps I would have made a huge error had it not been for the advice.

I'm not sure if "congrats" is really the appropriate comment so i'll just say, be happy

[TBoneTX 45,893]

Si, man.

[del-2-5-2014 1,339]

She could put him down as the father from what I understand because she is married to him still. The child support thing is very true as a co-worker of mine just went through this. Though his now ex-wife and him were separated they were not legally divorced. During that time she had 2 kids from another man. Fast forward years later and officially divorced, her and the guy she was with went to jail and left the kids with grandma. Grandma was given the advice to go after my co-worker for child support and won. She was able to get 3 or 4 months of child support while he tried to save up and fight it, and while supporting his now wife and 2 kids. It wasn't easy, but he won in the end with a lot of hardship. Though he was awarded that money back, none can say when she will actually pay him. All of this because he did not divorce her in a timely manner.

This is one of the reason that Gowon always recommends to sever all ties quickly and move on. Nothing good usually comes from delaying a divorce while separated.

It's also quite funny to see how quick they take the money from your paycheck but you're on your own to get it back.